CC ruling that CNE did not follow law forces delay to publish candidates lists, but CNE rushing to publish next week
The 26 June decision of the Constitutional Council (CC) to authorize the Democratic Revolution (RD) party to present its candidates outside of the stipulated period has caused a change in the deadlines and has shaken up the agenda of the National Elections Commission (CNE)
The RD only submitted its candidature lists yesterday (10 July). According to the members of the CNE, the ruling automatically extends the deadline for publishing the definitive lists by a further 30 days, counted from the date of publication of the ruling, 26 June. But the CNE is rushing to publish quickly. CIP Eleicoes has learnt that the CNE expects to meet tomorrow (Friday) or Saturday to decide on all candidates.
After approval of the lists, the CNE has up to three days to publish the definitive lists of the candidates of all political parties. Lists will be posted next week, CNE sources guarantee.
The CC 26 June decision said the CNE had to receive the candidates lists of the RD, which it had previously been rejected for "failure to comply with the deadline" of 10 June for submitting nomination papers for candidates running for parliament (Assembly of the Republic). The RD appealed to the CC and won its case.
The CC said that the RD candidates were refused by a reception team, and not by the CNE itself, as required by law. The CNE had delegated the power to a team set up to receive and check the nomination papers of individual candidates, and it was this team that refused to receive the candidates of the RD. This was illegal because "the powers to undertake these acts belong exclusively to the CNE, and may not be delegated to working groups. The delegation of powers cannot be assumed, but must result expressly from the letter of the law", explained the CC in its ruling.