The entire presidential plank could fall. Luis Miguel Caya, candidate for deputy for Apra, presented on Monday before the JEE Lima Centro 1 an objection against the registration of the presidential candidacy of Mario Vizcarra, brother of the imprisoned former president Martin Vizcarradue to a suspended sentence for embezzlement in 2005.
However, at the close of the day, the electoral body declared the appeal inadmissible because payment of the corresponding fee had not been proven, granting it a period of one day – which expires today – to correct the observation.
Caya, after being notified of what happened, declared to Peru21 that this Tuesday he will correct the observation of inadmissibility of the appeal he presented so that the objection against the application continues on track.
“Tomorrow (today Tuesday the 30th) we will make the corresponding payment,” said the promoter of the strike against Mario Vizcarra to this medium.
If so, the objection must be admitted for processing.
Strike filed against Mario Vizcarra.
You cannot apply
The electoral expert and former Minister of Justice, José Tello, declared to Peru21 that, in accordance with Law No 30717, Mario Vizcarra cannot apply due to a conviction for embezzlement, since said rule prohibits the application even of those who have been rehabilitated.
José Tello, electoral expert.
However, Tello maintained that the law is unconstitutional, since it should allow people who have already served their sentence or whose sentence was suspended to apply. “It is an unconstitutional law because it goes against the principle of resocialization,” he explained.
Even so, he recalled that the rule has been in force since 2018, the year of its promulgation.
What does the blemish consist of?
Luis Miguel Caya Salazar filed an objection this Monday before the Special Electoral Jury of Lima Centro 1 against the presidential candidacy of Mario Enrique Vizcarra Cornejo, a candidate for the political organization Perú Primero, alleging that he is legally disqualified from running due to a final sentence for embezzlement.
In his writing, Caya argues that this impediment, provided for in article 107, literal j) of the Organic Law of Elections and reinforced by Law No. 30717, subsists even if the candidate claims to have been criminally rehabilitated.
The document emphasizes that convictions for corruption constitute a permanent impediment to accessing elected positions.
The strike also invokes articles 31 and 35 of the Constitution, which, although they guarantee political participation, establish suitability requirements to access public office.
Strike filed against Mario Vizcarra.
The appeal requests that the objection be declared founded and that Vizcarra be immediately excluded from the ongoing electoral process.
Caya maintains that his action seeks to defend electoral legality, public morality and suitability in access to the representative function, principles that, according to him, would be violated if the candidate’s registration is maintained.
Mario Vizcarra in his sworn statement presented to the JEE stated that he has a sentence for embezzlement.
I could be left out
The constitutionalist José Manuel Villalobos recently declared to El Comercio that Mario Vizcarra could be left out of the electoral race if an objection is presented and it reaches the JNE.
According to Villalobos, it is foreseeable that the highest electoral court will maintain its jurisprudence regarding the application of Law No. 30717, which prevents those who have received a sentence for embezzlement from applying, even if they have already served their sentence or have been rehabilitated.
Who filed the complaint?
Luis Miguel Caya Salazar is an APRA activist who is running for the Chamber of Deputies for the star party.
The National Election Jury will ultimately define whether Mario Vizcarra will continue in the presidential race.
I KNEW THAT
-After the period of deletions, comes the period of exclusions. The electoral law expert Jose Naupari overtook Peru21 that the electoral body acts ex officio at this stage: “The exclusion is ex officio. It depends on the JEE whether or not they initiate candidate exclusion procedures (after the deletions).”
Jose Naupariexpert in electoral law.
-Two registered matches. According to the JEE, the presidential plates of Fuerza Popular and Ahora Nación were admitted. However, FP has a complaint against Keiko Fujimori pending.
-In JP. The JEE did not admit the list of Senate candidates of Pedro Castillo’s brother, José Castillo, of Antauro Humala’s father, Isaac Humala, and of the ethnocacerista César Copa.
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