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November 18, 2021
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Two failures hinder partial renewal of CNE members

Two failures hinder partial renewal of CNE members

These are unconstitutional errors that could represent challenges and lengthen the renewal process for longer than expected.

Analysts warn about possible challenges in various stages of the competition for the partial renovation of the plenary session of the National Electoral Council (CNE). This after the convocation of the Council for Citizen Participation and Social Control (CPCCS) so that people register to be part of the citizen commission that will participate in the organization of the process.

The CPCCS announced that the application phase is open from November 17 to 30. However, the current members of the National Electoral Council (CNE) serve three years of office on November 20, 2021, date from which the draw for the counselors that they will drop their charges.

Should be changed to three councilors

The Ecuadorian Constitution, in its Article 218, establishes that the CNE “will be made up of five counselors or counselors principals, who will serve for six years, and will be will partially renew every three years, two members the first time, three the second, and so on ”.

However, here lies one of the first observations. For Fausto Camacho, coordinator of the Citizen Electoral Observatory, the CPCCS would have to renew three counselors and not two, as is intended.

“They (CPCCS members) made the decision to make a lottery so that renew two vowels. Why not three? If when the partial renovation Previously, the norm established that two are renewed and then three. The CPCCS has not given an explanation for that, ”Camacho mentions.

Faced with this, Francisco Bravo, counselor of the CPCCS, mentioned that it is an interpretation of his colleagues. “As all the councilors were dismissed in the Transitory, the renewal it was misconfigured and that is why it will be two and not three ”, he commented and emphasized that his colleagues are poorly advised.

Added to this is a possible “lack of transparency”. From the point of view of Alfredo Espinosa, an analyst on electoral issues, the CPCCS has not reported under what methodology the election will be carried out. lottery of the members who will complete their functions. “To date, we do not know if it will be public, in person, there will be an amphora, or if the lottery it’s going to be digital. Nothing is known about this, ”Espinoza said.

CNE directors extended

Although at the end of December 2021, the CPCCS already had to appoint the new councilors of the CNE, the public contest of merits and opposition with application, oversight and citizen challenge, progresses slowly.

For this reason, the CPCCS incorporated a provision in the regulation where it is established that the vowels who are chosen to terminate their functions, must remain in their positions until the election and appointment of those who will replace them.

Alfredo Espinosa, pointed out that this action would force that there be councilors of the CNE extended, which is not determined in the Constitution.

“This figure does not exist in the Constitution and the problem is that jurisprudence is established on this delay that exists. If at some point, another CPPCS makes the same mistake, there are already legal grounds for this type of situation to be repeated, ”he explained.

According to Francisco Bravo, counselor of the CPPCS, these observations that have been presented in the process of partial renovation of the councilors of the CNE, respond to a lack of management by the president of the CPPCS, Sofía Almeida. “There is evidence of a breach of functions for not having given the speed of the case to this process,” he mentioned. (MFU)

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