The inclusion of Olona in the census, a key element for the electoral board’s support

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Macarena Olona, ​​from Vox, in Congress.
Macarena Olona, ​​from Vox, in Congress.Michael OssoEFE

The Electoral Board of Granada has confirmed Macarena Olona’s candidacy, despite the process being opened Municipality of Salobria To remove him from the register because he understands that he doesn’t actually live in this town in Granada. In its resolution this Monday, it argues that “it has found no legal impediment” to remove it from the Vox list for the Andalusian regional elections.

Why has the electoral board of Granada intervened?

has resolved an appeal filed by the party Andalusians stand up, They condemned the registration of Olona in Salobria, at the home of the local leader of the Vox, Manuel Martin, it was a fraud of the law, as she did not actually live there, as the homeowner had previously identified. Due to this the city council, headed by PSOEAn administrative process would have to be initiated to discharge him.

Is there a termination of the registration firm?

No, and that has been a major reason for the resolution. Administrative procedures have time limits and guarantees of appeal. In this case, Olona had 15 days from the time the discharge file was notified to present her arguments. Had he run longer, the situation would have arisen that the election campaign would have started. The same has happened with the official announcement of candidates, which were announced on this Monday, long before the whole matter got a concrete solution.

What are the arguments of the electoral board of Grenada?

Basically two. The first is that the registration of Olona is today “a steadfast administrative act”. And that is, it will still take weeks for Salobria’s city council to formalize its annulment. Right now there is only one open file against which an appeal can be made. Therefore, the Electoral Board specifies that Vox’s legal representation submitted a certificate of registration in the documentation, whose registration took place on November 25, 2021.

The second argument is that it is included in the “current electoral census”, which closed on 1 February and is not subject to updating until after the election. In other words, she has the right to vote and hence, also has the right to present herself as she was legally registered on the date on which the electoral roll was sealed.

Is there any such example?

In the regional elections of the Madrid Community in 2021, Tony Canto He was removed from the PP list as he had registered after the voter list was closed. The matter reached the Constitutional Court and the key to its declaration was that, there is only one candidate who is included in the current census. This is something he does not follow because he signed up on his case after January 1, when the electoral body was shut down.

Can the census be changed after the election process starts?

The electoral board of Grenada responded by precisely mentioning the case of Tony Kent. It says that in its decision (76/2021 of 15 April), the Constitutional Court upheld that electoral law prohibits the inclusion as voters of persons who change theirs after the census deadline of each election. residence, and it is guaranteed to prevent fraud or facilitate registration for electoral purposes. It states that it is updated neither to register nor to unsubscribe.

And if the discharge file is resolved before 19-J?

The Electoral Board of Grenada has confirmed that the resolution of the record of registration for the purposes of announcing his candidacy “will not have retrospective effect”. Also, remember that electoral law stipulates that the electoral census closes two months before the election.

Is there any appeal against this decision?

Yes, Andaluces Levantaos can file a controversial-administrative appeal, although the chances of it succeeding are slim. The Electoral Board of Granada believes that there is “no legal impediment” and furthermore, emphasizes that “to decide otherwise would compromise the constitutional guarantee”, as well as to mean ” equal access rights”. Terms of works and public charges”.

Why does Andalusian electoral law require one to be registered to be a candidate?

Andalusian electoral law is restrictive in this. Only people who have the “political status of Andalusians” are “eligible”. Article 5 of the Statute of Autonomy defines that these are those that have “administrative neighborhoods in any of the municipalities of Andalusia”.

And why could she be Vox’s national deputy for Granada right now?

Because registration is required only for regional elections. There is no liability for ordinary people. They are separate electoral laws. This is why he and others with no affiliation to nursery-province can go on the list when it comes to running for Congress.

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