A real controversy has arisen between the authorities of the Municipal Electoral Board and the representatives of the Federal Neighborhood Union (UVF) for non-adoption of model the ballot, that the board did not occur in a timely manner, why not formalized, and the party that claims it was not reported correctly, as it also prevented the presentation of the instrument when the legal conditions are were in effect.
The position of the Board of Elections
In the no formalization of the model ballot, the UVF appealed to the Municipal Electoral Board requesting approval for, to what and body responded with Resolution No. 18 basing the decision on the following arguments "WHEREAS: The presentation by the Federal Neighborhood Union dated April 15, 2011 requesting the official model of voting ballot for municipal elections in the city of La Falda the next day May 8, 2011;
AND WHEREAS: 1. That the Electoral timeline providing dates and times for the performance limits of the different events that make the electoral process was developed and released publicly in a timely manner by the Municipal Electoral Board and notified the political parties and electoral alliances including the Federal Neighborhood Union, as stated in the copy of the Register of Documents to be attached, dated March 16, 2011;
2. That the Electoral timeline set by the BOARD MUNICIPAL ELECTION set as date and time of the deadline for the submission of the ballot to vote model on April 8 at 16 pm. and as the date and time of formalization of the ballots to vote on the same day at 19 pm.;
3. That at the time and date set in the Schedule Electoral were present at the hearing for submission of ballots to vote the following alliances and political parties: UCR, Federal Solidarity Action Front, Civic Front Alliance, Alliance and Alliance Union of Córdoba Front Neighborhood The skirt who came from the Electoral timely notification of completed Schedule;
4. That even after 15 minutes of waiting Law and political parties and electoral alliances are present, the Court proceeded to display ballots to vote after which, he built the minutes without objection from those present, who signed under the act mentioned, noting in it, about the absence of the Neighborhood Union Federal
5. That the Municipal Electoral Board proceeded immediately after completion of the hearing to showcase the making of the resolutions of formalization of the ballots to vote for political groups that participated in it, according to the schedule set in the Electoral and remained in headquarters of the Board until after 19 pm. without any communication to be registered by the Federal Neighborhood Union;
6. That on Monday, April 11 at 15 pm. was present Federal Neighborhood Union to the Municipal Electoral Board, no not at that time by completing the submission of ballot voting model set by the Electoral timeline, claiming ignorance of the filing date thereof, having signed the Union's Federal Neighborhood Election Schedule receipt dated March 16, 2011;
7. That within 30 days before the election date set by the Section No. 62 of the National Electoral Code Law 19,945 and its amendments for submission of ballot model to vote is the deadline for that act, but nothing prevented the Union Federal Neighborhood previously presented the model in question, from the moment it was made official the list of candidates by the Municipal Electoral Board by Resolution No. 3 and duly notified on 28 March 2011;
8. The National Electoral Code, Law No. 19,945 and its amendments, is the electoral rules to be used for casting vote in the elections next May 8, 2011 in La Falda, according to that laid down in Resolution No. 2 of MUNICIPAL ELECTION BOARD duly notified to the Federal Neighborhood Union as of March 16, 2011, unable to ignore thus the expiry of the deadline for submission of ballot voting model;
9. That even with the analogy, if applicable to this case, tolerance of the first 2 hours of the day immediately following the deadline stipulated under the Code of Civil Procedure and Trade of the Province of Cordoba in Article N ° 53, the deadline for submission of models perished ballot to vote on Monday, April 11, 2011 at the end of the stipulated hours of operation and publicly released this MUNICIPAL ELECTION BOARD, ie at 17 hours. Neighborhood Union without filing a Federal hiciese the type of ballot to vote as specified in the Schedule Electoral
10. That Article N º 152 inc. 6 of the Municipal Charter of the City of La Falda attributed to the Municipal Electoral Board "The resolution of all disputes arising in connection with the electoral act."
Depending on which resolves "reject the request out of time model formalization ballot to vote" and "raising a copy of this to the Electoral Court of the Province of Cordoba, the effects of their knowledge."
This resolution was in response to the UVF an Appeal for Reconsideration was also denied by the Municipal Electoral Board through Resolution No. 19 which states that "WHEREAS: The presentation of Appeal for reconsideration by the Union Neighbors Federal dated April 15, 2011 requesting the revocation in all parts of Resolution No. 18 dated April 18 , 2011 issued by the Municipal Electoral Board and the establishment of a new day and time of hearing for the purpose of presentation and formalization of the ballots to vote;
AND WHEREAS: 1. Belated admission that the ballot model sought by the appellant would constitute a flagrant violation of constitutional principles enshrined in our Constitution, which the electoral process must be primarily protector; principles as "equality before the law", which would be violated by granting undue participant ranking list over the others, who attended the hearing that the procedure provides for the purposes of appropriate and reciprocal control preparation and content of the ballot, besides depriving the possibility of any dispute on the model of applicant deem appropriate.
2 - What other Constitutional principle would be violated is the "principle of legality of administrative acts", since The refusal by the electoral body to formalize the ballot to vote submitted late by the applicant is not of arbitrariness, but it is the strictest application of the law specifically provides for the case, being the legislation itself and not the enforcement agency, which provides content and basis for the decision.
3 - That in accordance with the principle outlined in the previous paragraph, in the current state of affairs, a responsibility to their own electorate for failure to comply with the rules regarding the procedure for granting official ballots to vote, weighs about one's own appellant. On the contrary, the admission of the ballots in crisis would cause a shift in responsibility that this board becoming the responsible for the presence in the election of the irregular ballots, an issue at odds with the role of controller of legality that the Constitution, the provincial constitutions and our own charter recognize him.
4 - What is inappropriate revocation Hearing requested ballots to vote display, since the same was duly notified by notice to the electoral timetable, dated March 16, 2011. "
finds resolute in the face "not to grant the Appeal for Reconsideration filed by the Federal Neighborhood Union in relation to the repeal of Resolution No. 18", "not to grant the application for the establishment of a new day and time for a new hearing display models of vote by ballot be the same order "and" lift copy of this to the Electoral Court of the Province of Cordoba, the effects of their knowledge. "
The position of the UVF
exhausted the administrative local, the UVF appealed to the Court Electoral province with an appeal, eight pages, in which He notes that Resolution No. 17 of the Municipal Electoral Board offends Party Neighborhood Union Federal P 186 list, arguing that "... on April 11, 2011 the President of the Board of Elections Susan Iguerabide and the other members, and Adriana Fabian Marcelo Capdevila Amelia Cali plenary meeting, resolved and communicated personally hold of this political group, who was accompanied ... by Eduardo Bazán and Edmundo Lindor Nemesio Sanchez, who was prevented from ... the presentation of models of voting ballots to be used in elections the city of La Falda, because they had already decided to give it up for lost the right ... That Resolution No. 10 dated March 30, 2011, which established the formal aspects for the preparation of ballots to vote was not notified to this group policy but only on April 11, 2001, so at the time of the hearing conducted for the submission of ballots, the day April 8, 2011, that resolution had not been notified ... as far as this game ... it was impossible to conclude a presentation .... " Exposed again after it allegedly performed by members of the Board of Elections on April 11 and maintains that the agent of the party "was certified by the Notary Public to Dr. Ricardo L. Trace, Head of Registration Notarial No. 142, La Falda documentation and model of the ballot to vote that prevented him from submitting ... That on April 12, 2011, also the Electoral Municipal de La Falda prevented the presentation ... because that ... had already decided to give lost right to political association. Because of this new unwarranted and improper refusal affidavit was made before the Police of the Province of Córdoba based in La Falda, indicating the uneven performance of the Municipal Electoral Board. That in this verbal order issued by the Municipal Electoral Board of the skirt ... is that the Federal Neighborhood Union Party entreated motion for reconsideration dated April 13, 2011 ... being so verbal that this resolution was challenged in a timely manner ... accordance with Art. 153 of the Charter ... that just after huge efforts and subsequently to the passing of Resolution No. 17 appealed or on April 15, 2011, the Municipal Electoral reception model ballot to vote ... From the above it follows that the Municipal Electoral Board has acted arbitrarily and contrary to law, in open prejudice against the Union Party Federal neighborhood as the only motivation of the Electoral Board has been to prevent such a political group to exercise the right to present the model for a ballot to vote .... " The paper concludes by asking "is revoked without that decision as being arbitrary and lacking in motivation and l declare nullity of the hearing held on April 8, 2011, ordering the setting of a new day and time of hearing for the presentation of models of ballots to vote. "
At the time of delivery of documents, members of the UVF maintained that "we do not know what the reason is to prevent us from participating, anyway I guess, but there is a single event that determines the existence of a cunning maneuver, the Board in Resolution No. 18 says that we have presented the model of voting on April 11, having presented that day rather than stop us we should have informed and advised, because not only are to create and control what they choose but also to inform and advice would have been good neighbors, good politicians and good people .... " Last-minute
Neighborhood
Federal Union would not participate in the election for municipal authorities and propose Skirt blank vote
Upon closing of this edition, we received unofficial information that the Provincial Electoral Court would not have given Instead the appeal brought by the Federal Neighborhood Union therefore would sign the resolution of the Municipal Electoral Board, which the said party would not intervene in the election of May 8 for lack of voting official. In this situation, we are able to advance that the UVF would propose to its members and supporters who make use of the white vote or annul their ballots.
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