The plenary session of National Electoral Council (CNE) inadmissible the challenge to the results of the early national elections of the second round which took place in foreign constituencies, presented by the former substitute candidate for the Assembly of Building the movement (list 25) Fernando Tillería Ibarra.

At a plenary session on October 29, 2023, the CNE took note of a legal report in which it was recommended unacceptable the appeal for non-compliance with the Constitution and the Code of Democracy; Furthermore, none of the causes provided for in article 147 of the same norm, linked to the declaration of nullity of the elections, have been established.

With four votes from the councilors José Cabrera, Esthela Acero, Enrique Pita and Diana Atamaint It was decided to reject Tillería’s challenge.

Councilor Elena Nájera abstained, considering that the request of the former candidate should not be considered as a legal resource, since there is no no administrative act that the CNE adopted because the results of the second round of the election of the president and vice-president of the Republic have not yet been announced, nor the results of the repetition of the vote of the members of the national assembly and foreign of Ecuadorians residing abroad who are They took place on October 15.

Fernando Tillería Ibarra, former candidate for deputy of this political group, presented on October 26, 2023 a contestation of the results of early elections of national and foreign deputies which were repeated on October 15, as well as the first and second rounds of the presidential elections.

The complainant requested that the nullity of the elections abroad be declared in the dignity of the members of the assembly of the Europe, Asia and Oceania constituency; the nullity of the elections abroad for the dignity of president and vice-president of the Republic is declared and new elections are called, that is to say a third round for Ecuadorians residing abroad.

Councilor Elena Nájera proposed that the appeal should not be treated as an administrative act because “it makes no sense and would make it an administrative act.”

He argued that the CNE did not announce the results of the second round of the presidential election and that there was therefore “no” administrative act against which a legal appeal could be filed.

He described the former candidate’s request as “mamotreto” and asked the CNE to respond to his letter with an exhortation to “take seriously the situation the country is experiencing.”

His request was that the letter not be discussed to avoid turning the challenge into an administrative act, but he received no support.

Then, the four councilors approved the rejection of Tillería’s action arguing that the results of the first round of August 20 are final, and therefore set aside the deadlines for appealing in court.

In the case of the results of the second round and the repeat of the elections for national and foreign deputies, these have not yet been announced, so Tillería’s claim to contest them is “inadmissible.”

It was specified that the National Electoral Council has again opened the national audience for the control of the voting day of October 15 of the presidential pair and the members of the national and foreign Assembly, therefore the numerical results on which the challenges can be presented have not yet been announced.

The councilors still have to close the knowledge of the minutes with the preliminary results of the presidential binomial votes at the national level and the votes of Ecuadorian migrants of the day of October 15.

It is therefore also necessary to know the results proclaimed by the Foreign Election Commission the repetition of the election of national and foreign deputies from the three constituencies of Europe, Asia and Oceania; Latin America, Caribbean and Africa; and Canada and the United States.

Once the national control hearing with the results is completed, it will proceed to notify the political subjects so that they can present challenges in the event of disagreement. (YO)