The Constitutional Court has made public this Friday the sentence by which it agrees to leave out of the lists of the PP to the elections of next May 4 the former deputy of Citizens Toni Cantó and the former mayor of Toledo Agustín Conde. In the resolution, approved with the casting vote of the president after registering a tie at three votes, the court of guarantees rejects the existence of a violation of the constitutional right to passive suffrage and maintains that the more flexible interpretation of that right to which it pointed The PP in its appeal would go against the will of the legislator, who changed the electoral law in 2011 precisely to prevent “fraudulent or expedient registration for electoral purposes.”
The Constitutional Court definitively expels Toni Cantó from Ayuso’s list
The electoral law prohibits the incorporation as voters of those who change residence after the closing date of the census of each election – which on this occasion was closed on January 1 – precisely to prevent possible irregularities due to fraudulent or convenience registrations have electoral effects. Cantó and Conde were registered in the city of Madrid on March 22 and 26, respectively, so they have the administrative neighborhood and the status of citizens of the Community of Madrid, but “they cannot be candidates, as they do not have the status of registered voters in the current electoral census ”, conclude the judges.
This condition of voters is key, since the regional electoral law “requires an indispensable” registration in the current Electoral Census for the exercise of the right to vote. That is, to stand as a candidate in an election. In this regard, the judgment recalls that at the time of presentation of their candidacies, both were registered in another district. A “lack” that, in his opinion, deprives their representativeness of virtuality, because “they can hardly identify and represent the objectives of an electoral group to which they do not belong.
It is, according to the judges, a “deficiency” that cannot be remedied in the way that the PP tried to do, which claimed that registration in the electoral roll is not a necessary requirement. And it did so by invoking an article of the regional electoral law that allows applicants who do not appear on the current Electoral Census lists to be candidates provided that with the application they reliably prove that they meet all the conditions required for it.
It is an interpretation that, according to the Constitution, “cannot be admitted.” On the one hand, because it would make “merely optional” the rule according to which registration in the current electoral roll is essential for the exercise of the right to vote. And, secondly, because this is not the case of Cantó and Conde who, at the time of the closing of the census, “were neither in a position to obtain the neighborhood of the Autonomous Community of Madrid nor, of course, to be registered in said census in such condition ”, since they were not registered in the city of Madrid at the end of March.
The sentence has three individual votes. The first, formulated by Judge Andrés Ollero, who considers that the appeal for electoral protection should have been upheld for “violation of the appellants’ fundamental right to passive suffrage.” In his opinion, the special constitutional significance of the problem “is not compatible” with an attempt at a formalistic solution. On the contrary, “the validity of the census would be linked to whether the appellants meet or not the requirements to be able to be taxpayers in the electoral process; always interpreted in the most favorable way, since it is the exercise of a relevant fundamental right.”
Judge Santiago Martínez-Vares also disagrees with the ruling, stating that “the sentence departs from the constitutional doctrine that requires an interpretation of legality in the most favorable way to the effectiveness of the exercise of the fundamental right to passive suffrage.” This interpretive principle “is of special relevance in the electoral process, where the rights of active and passive suffrage are effectively exercised which, because they are at the basis of the democratic legitimation of the political order, must receive a particularly respectful and respectful treatment. favorable”.
The third individual vote is formulated by the magistrate Alfredo Montoya who also considers that the appeal for amparo should have been considered in “application of the principle of interpretation of the law in the most favorable sense to the exercise of the right to vote.” It was possible to understand that “the Madrid electoral law links the condition of voter and that of eligible through the requirement of registration in the electoral roll applicable to the elections in question, but, at the same time, its article 4.2 formulates a An exception to this rule that would allow citizens not registered in the current census on the date of the elections to be candidates, provided that, as was the case, they met the requirements for this at the time it was presented. The candidacy”.