Electronic voting was used for the first time in the simultaneous primaries of the Dominican Liberation Party and the Modern Revolutionary Party. Later, it was used in the municipal elections of February 16, 2020 and due to a system failure it was necessary to suspend voting.
The Constitutional Court declared electronic voting not in accordance with the Constitution by accepting a direct appeal of unconstitutionality against articles 99 and 123 of the Electoral Regime Law and the paragraph of article 52 of Law 33/18 of Political Parties, which establish the Electronic voting as a voting modality in the Dominican electoral system. The appeal was presented by the lawyer Namphi Rodríguez.
The Constitutional Court reported on the device of the ruling that first accepts the appeal and in the second point establishes the nullity of the aforementioned articles. “As for the merits, the direct action of unconstitutionality filed by Namphi Rodríguez and, consequently, the unconstitutionality and nullity of article 99, of Law 15-19, Organic of the Electoral Regime, as well as the unconstitutionality and nullity given the connection , of articles 123, of Law 15-19, and of the paragraph of article 52 of Law 33-18, of Parties, Groups and Political Movements”.
The annulled article 99 of Law 15/19 mandates: Automation of the Electoral Process. The Central Electoral Board is empowered, in consultation with the political parties, to progressively automate the voting process, and must test the systems that will be used, at least six (6) months in advance of the voting date. The tests could include simulations carried out exclusively for the validation of the programs and equipment to be used. The same may be used as evidence in the voting corresponding to unions and organizations of the Civil Society”.
