Until August 18, the Special Electoral Juries (JEE) can exclude, in the first instance, candidates for omission or falsity in the Sworn Declarations of Resumes (DJHV) presented by the political groups to participate in the elections. Regional and Municipal Elections 2022recalled the National Elections Jury (JNE).
According to article 23 of the Law of Political Organizations (LOP), an applicant is excluded when he does not consign the final convictions for intentional crimes that have been imposed and those linked to the Non-compliance with family or food, contractual, labor obligations or due to family violence.
Likewise, when the candidate does not declare in the DJHV the assets and income that he possesses, in accordance with the provisions set forth for public officials. This measure is also applied for incorporating false information in this document in the mentioned fields.
It is specified that the JEE cannot provide for the exclusion of an applicant when the omission of information corresponds to databases or public registries in charge of State entitiesas indicated in the JNE candidate registration regulations, both for regional and municipal elections.
Although it is true that the deadline to resolve the exclusion of candidates in the first instance falls on August 18, before possible appeals to the Plenary of the JNE that take place for these cases, the maximum term that the aforementioned collegiate has to pronounce is the next september 2.
It is important to note that before the expiration of the deadlines to exclude candidates, it is only possible to make marginal annotations in the DJHV of the applicant in question and that the JNE sends the proceedings to the Public Ministry, so that it can proceed according to its powers.
Exclusion procedure
Any citizen can file a complaint with the corresponding JEE for omission or falsity in the DJHV by an applicant, which will be referred to an inspector to issue a report on the matter and, based on this, the legal representative of the political group issue its defenses.
With or without them, when the deadline for this procedure expires, the electoral body will issue a statement, in the first instance. It is important to point out that the complaint made does not confer legitimacy to the citizen to be part of the procedure.
It is noted that the JEEs also act ex officio, observing a procedure similar to the one described and that before the filing of an appeal, it is up to the Plenary of the JNE to issue a final pronouncement, within the term indicated above.
