He National Election Jury (JNE) presented this Friday 12, before the Constitutional Court (TC), a competence against the Judicial Branch (PJ) To establish if this institution can order the registration of a party to the electoral body.
The measure was given after the PJ issued a sentence, which ordered the JNE to register the Popular Unity Party, led by former Magistrate Duberlí Rodríguez, outside the legal term established to participate in the general elections of 2026.
Previously, the JNE had rejected this registration for having submitted after April 12, deadline for registration of parties. Ronald Angulo, attorney of the JNE, and the constitutionalist lawyer Lucas Ghersiwho are part of the JNE legal team, went to the TC’s table, where they filed the competence demand.
Upon leaving, Ghersi said that “the objective of the demand is that the TC declares that the electoral calendar is intangible, so that the election has a lot of social credibility and is carried out without any setback.”
“We want to prevent, during the development of the electoral process, with a judicial measure, a judge says: ‘This political organization enters, then comes out, then we do not want to enter legal insecurity with respect to the participants in the election.”
“Suddenly the elections arrive and there is no security of who the actors are. That is what we want to avoid,” he said.
The constitutionalist said that they seek “that the sentence has a general effect”, in that sense, said that there is a precedent issued by the TC in 2005, in which the maximum interpreter of the Constitution determined that “the demands against the JNE come, but the judges can never touch the electoral calendar.”
“If the cutting date to decide which organizations participate in the election is April 12, the organizations that were not registered are left out. It cannot be accepted that parties that arrived late are registered extendedly,” he told the press.
Ghersi indicated that the Popular Unit “party registered, but its registration did not end at the cutting date.” “The cutting date was in April and its registration just ended in June,” he said.
According to the lawyer, the organization of former Duberlí Rodríguez invokes the “provisional registration”, which indicated that if all the requested documents are delivered, provisional registration is achieved. However, he pointed out that this rule was repealed.
“That theory does not have a legal basis, because the rule that spoke about provisional registration is a repealed rule. You cannot apply repealed laws,” he emphasized.
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