Global Courant 2023-05-16 16:00:59
On May 8, the Supreme Electoral Tribunal (TSE) expected to start printing the ballot papers, however, challenges filed against certain candidacies have complicated the process.
There is not a single one of the five ballots that is saved from compromising its integrity due to amparo actions pending resolution, according to data recently shared by Irma Palencia, president of the TSE.
There are five ballots that will be used in the next general elections: President and Vice President, Deputies by National List, Deputies by District, Deputies to the Central American Parliament and Municipal Corporations.
“Every day we receive notifications from the Courts, because there were a total of 97 amparos and they have already resolved several, but provisionally. Now it turns out that the candidates whom they have provisionally protected, another party appeals, “explained Palencia.
After the appeal that reaches the Constitutional Court (CC), the amparo action must return to the Supreme Court of Justice (CSJ), so that it receives a final resolution.
Palencia added that at least four amparo actions have already received a final sentence: “we are working every day, reviewing the amparo that is coming, whether provisional, final or new amparo.”
The TSE plenary has publicly asked the Courts to expedite the resolutions of those challenges related to the electoral event, and according to Palencia they have seen that the public appeal has had an effect.
The CC recently resolved an appeal that ended up confirming the participation of a presidential candidate, but there are dozens of actions and legal resources that are pending a ruling, which means that the TSE approaches the maximum dates to be able to start printing without the certainty in the participation of several candidates.
When are the ballots printed?
The original plan presented by Gloria López, electoral director, realized that last week they should have started printing one of the five versions of the ballots, but she points out that pending legal actions have prevented them from taking this step.
“We are analyzing which are the ballots whose printing can begin, derived from the fact that you have to be very careful not to start printing those that have any appeal or amparo action pending to be resolved,” said the director.
According to López, it is likely that this week they will be able to issue the order to the companies to start printing, but they must evaluate which one, due to unresolved legal actions.
“We already have the report of the legal resources, of the protections; We are going to enter into that analysis and we are going to decide then with the contracted printers what we can start with ”, he pointed out.
When questioned about a first delay in this step of the process, the director indicates that “apparently” it is a setback, but it does not depend on the TSE, because the challenges that stop the printing progress depend on the Executive Branch, in most cases cases and others that have already reached the Constitutional Court.
The president of the TSE commented that they are giving all the time necessary to avoid unnecessary expenses. “If we send to print and we stop printing because changes have to be made, it has a great economic impact that is not a penny, but millions of quetzales,” Palencia warned.
While the courts make the pending decisions, the days go by and each time the voting date is approaching. “We are at maximum times, it no longer depends on us (…) but if we have to solve it one way or another, we will have to do it,” added the president of the TSE.
TSE without planning
Some national prosecutors, representatives of political parties, believe that the delay in printing ballots is not due exclusively to legal actions, they consider that there are some planning problems that are already taking their toll.
For example, the Electoral Directorate has not yet transferred the designs of all the ballots to municipal corporations to the political parties, which in the opinion of Héctor Aldana, Vamos prosecutor, is a problem in the TSE administration.
“On Tuesday -today- we are going to have an extraordinary meeting to learn specifically about those aspects. The delay is in their planning – the Electoral Directorate – “, the prosecutor said.
Diego Blanco, prosecutor of Voluntad Oportunidad y Solidaridad (VOS), said that they had already noticed the delay in some processes, such as the printing of ballots. He questioned why the TSE was opposed to having a photo on the mayoral ballot papers, explaining that it could affect timing.
For Elmer Palencia, prosecutor of Valor, part of the complications are due to the fact that the entire list of candidates for deputies was included in the ballots. The prosecutor was clear in saying that they are not opposed to their candidates being known, but he considers that the mechanics could affect the agility of the impressions.
He also shares his doubts about why there are delays in the design of ballots for mayors, a decision that is the responsibility of the Electoral Directorate. “The TSE must take the necessary measures, we are already behind with the model of the pink ballot for the municipal corporations, they have not yet given it to us and we have to approve it,” said the Valor prosecutor.
Prosecutors believe that the times are still right, so for now the printing of the election ballots is not in danger, but they consider it necessary for the TSE to improve its own planning.
recurring delay
It is not the first time that the TSE has been forced to postpone the printing of electoral ballots, recalled Salvador Biguria, former president of the Electoral Board of the department of Guatemala.
“Sadly it has already become a constant, election after election. I trust that the electoral director has experience, she has worked in previous elections and is clear that there are deadlines, ”she said.
For the electoral management expert, even if there are protections or pending legal resources, the TSE authorities “at some point are going to have to make a decision, because there is no margin for error so that the ballots are not ready.”
