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Protecting the right to vote prevailed

In an opinion that is a landmark in this island´s electoral history, the Puerto Rico Supreme Court has protected the fundamental right to vote, by preserving the votes cast in last Sunday complicated primary elections while ordering to guarantee the vote of those who couldn’t vote due to the poor management of the elections process.

13 de agosto de 2020 - 12:50 PM

Nota de archivo
Esta historia fue publicada hace más de 4 años.
Editorial El Nuevo Día. (GFR Media)

In an opinion that is a landmark in this island´s electoral history, the Puerto Rico Supreme Court has protected the fundamental right to vote, by preserving the votes cast in last Sunday complicated primary elections while ordering to guarantee the vote of those who couldn’t vote due to the poor management of the elections process.

The Supreme Court has unanimously ordered Puerto Rico´s electoral authority to comply with the constitutional responsibility to protect the right to vote and to complete the New Progressive and Popular Democratic parties’ primary elections next August 16. The event must continue in the voting centers that did not receive the ballots or those that, having received them, did not begin the voting process.

The Court has also safeguarded, in a divided but wise vote, the confidentiality of the votes cast last Sunday, and this ruling is critical for the integrity of the electoral process, which is the foundation of our democracy.

The highest court has done justice to the voters. The Supreme Court acted following its duty to bring peace and calm to end the climate of uncertainty and instability resulting from the State Elections Commission blatant inefficiency, the irresponsible opportunism of the leadership of the island´s main parties and the unbridled selfishness of political candidates seeking to kidnap, tarnish and undermine the vote of Puerto Ricans.

As the ultimate interpreter of the Constitution and the laws of Puerto Rico and understanding the transcendental importance of the constitutional framework,  the Supreme Court has promptly undertaken the task of resolving a complex electoral controversy that, shamefully and unfortunately, the political class did not know how to solve as they should have.

For the second time in a year, Supreme justices have been up to the institution they represent, by preventing violations and abuses of the law in the last primary elections that undermine the fundamental right to vote.

We recognize the complexity of the controversies raised by the different parties and the impossibility of pleasing all of them, as well as the difficulties the opposing positions posed to design a judicial remedy. The urgency of the issue further complicated the situation.

After this wise decision, the political branches of the Puerto Rican government, as well as the political parties participating in primary elections, face the inescapable duty to establish the mechanisms that will allow for the prompt implementation of the decision. The SEC cannot fail our people and our democracy again.

In such an important moment, it is urgent to recognize the SEC operational deficiencies that ended up in suspending the PNP and PDP primary elections. Pragmatic remedies to ensure the suspended primary will be completed and that every vote cast counts and those who couldn´t vote last Sunday can do it next Sunday are also urgent.

Primary elections are also essential to guarantee that the general elections are held within the legal and constitutional protections. The Supreme Court has promptly designed a remedy which, while not perfect, must be followed by all parties, including the SEC, to protect the right to vote and the date of the vote. The Constitution provides that general elections must be held next November. It is best not to change the date set: Tuesday, November 3.

Suspending primary elections has undoubtedly damaged Puerto Rico by violating the rights of voters. There is no perfect remedy to resolve all possible situations, however, the Supreme Court designed one that can significantly repair the damage to the fundamental right of voters, restoring confidence and stability to the island.

Puerto Rican institutions need to close ranks to prevent neglect and political opportunism from damaging our democracy again. The elimination of all administrative, political, and legal elements that harm our electoral system remains pending.

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