The PSOE has registered this Friday a complaint before the Provincial Electoral Board of Madrid in which it challenges the candidacy of the Popular Party for the Madrid elections on May 4 for the inclusion in the same of the former leader of Citizens Toni Cantó, who occupies the number five position on the list headed by the current regional president and candidate for re-election, Isabel Díaz Ayuso. In their appeal, to which elDiario.es has had access, the socialists point out that Cantó does not meet “the eligibility requirements” established in current legislation “because he lacks the status of voter, resident, and of civil neighborhood in the Community of Madrid as of January 1, 2021 “.
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In the text, registered by the legal representative of the Madrid socialists, Encarnación Moya, the PSOE highlights Cantó’s “ineligibility”, recalling that “Madrid’s electoral legislation, following the provisions of the Spanish Constitution, and in line with electoral legislation Valencian and the rest of the Autonomous Communities, considers neighbors with political rights, those residents in their community and not in another, who, therefore, acquire the right to be voters and eligible “.
The PSOE maintains that the ex-leader of Citizens was “an autonomous deputy of the Valencian Courts and a resident in that community, therefore, an elector and eligible in that, until at least March 17, the date of his resignation in that Chamber.”
Although once included in the PP list, Cantó assured that he had registered in Madrid, the Socialists point out in their complaint that “the census closure” to be able to participate with full rights in elections, “as the LOREG marks, takes place on the day one of the two months prior to the month of the electoral call, without taking into account changes of residence after the census closure, not even with an extemporaneous or emergency census certification, which would not be valid to run as a candidate for the current elections “.
Necessary condition of “administrative neighborhood”
As Ayuso announced the electoral advance in March, that census closure date would be, in this case, January 1, 2021. “That is,” continues the complaint from the PSOE, that “if as of January 1, 2021, no the change of residence took place, in the sense of considering himself a resident of Madrid, meeting the requirements for it, by Mr.Cantó, this subsequent change of registration, carried out for the current electoral process, cannot be taken into account, producing, in his case, effects for a later process, in which effectively meet the conditions of voter and eligible. ”
“In order to be a voter and eligible in the community of Madrid”, insist the socialists, “it is necessary to meet the condition of administrative neighborhood in the community of Madrid, for the elections on May 4, in conditions to be included in the census electoral, as of January 1, 2021 “. “Only these can be part of the electoral body subject to rights for this electoral process. Therefore, if Mr. Cantó could not be a neighbor of the Community of Madrid on January 1, 2021, being a neighbor of another autonomous community, it is in the same, the condition of ineligible for the electoral process scheduled for May 4, “ditch.
The text cites statements by Cantó himself on March 25, when he admitted who had been registered in Madrid “a few days ago to look for work”. “Likewise, the Popular Party itself, which welcomes Mr. Cantó on its list, aware of the need to be registered in the electoral census in force for the election process that is called, according to the media, He already warned Mr. Cantó himself three months before that he had to register in a municipality of the Community of Madrid in order to be part of his candidacy before a possible electoral advance, “he adds.
“Therefore, according to these facts, in addition to the public declaration of his dismissal as Deputy of the Valencian Courts on March 17, 2021, the status of registration in a municipality of the community of Madrid, which is granted by the Madrid neighborhood, and, therefore, the condition of elector and eligible would not have occurred, not only before January 1, 2021, but once the elections were called after March 11, 2020. Consequently, Mr. Cantó, being so, did not could meet the condition of eligible for the elections of May 4, 2021, because he cannot be a voter in said elections, as he is not a resident of the community of Madrid on January 1, 2021, since his registration, his habitual residence, and his work until at least March 17, and therefore, his character as elector and eligible, corresponded to the Valencian Community “, he concludes.
The complaint asks not to proclaim him a candidate
However, the PSOE requires the Provincial Electoral Board of Madrid “to declare the violation of article 46.2 of the LOREG for not complying with the candidate Mr. Antonio Cantó García del Moral with the eligibility requirements required in articles 2 and 3 of the Law 11/1986, of December 16, Electoral of the Community of Madrid, articles 7 and 10 of the Organic Law 3/1983, of February 25, of the Statute of Autonomy of the Community of Madrid and article 39 of the Law Organic 5/1985, of June 19, of the General Electoral Regime, for lacking the status of voter, resident, and civil neighborhood in the Community of Madrid on January 1, 2021 “.
In addition, the Socialists ask the body in charge of arbitrating the electoral processes to “communicate to the representative of the Popular Party candidacy, the irregularity noted in the list so that he can formulate allegations within 48 hours, as provided in article 47.2 LOREG”, and that “after the planned correction procedure, declare not to proclaim the candidate Mr. Antonio Cantó García del Moral, in accordance with the provisions of article 47.4 of the LOREG, due to manifest irregularity in his incorporation to the electoral list.”