- BBC News World
It is a situation that has never occurred in Peru before.
With just over three weeks to go before the new government takes office, it is still not known who will occupy the presidency of the Republic.
This Tuesday was exactly one month since the citizens turned out to vote in the second round of the presidential elections and three weeks since the counting of votes granted to the candidate of Peru Libre ended, Pedro Castillo, an advantage of 44,058 votes over the candidate of Fuerza Popular, Keiko Fujimori.
And yet Peruvians are still waiting.
How do you explain this? Basically, due to the delays derived from the challenge process.
Three days after the voting, when the vote count had not yet come to an end, Fujimori announced that his party he had requested the nullity of some 800 minutes, representing some 200,000 votes.
The petition, he claimed, was based on the discovery of “evidence of fraud.”
According to the Ojo Público website, Fuerza Popular introduced a total of 945 nullity requests.
“In the electoral schedule there is no deadline to proclaim but, in reality, we had never found ourselves in a situation like this, which is unprecedented, where there are like 1,000 requests for annulment that have delayed the proclamation, “José Manuel Villalobos, executive director of the Peruvian Institute of Electoral Law, tells BBC Mundo.
He explains that all those requests were rejected by the special electoral juries (JEE), which are the authorities of each regional circuit in this matter.
So what does it take for Peru to have a new president?
Towards a final decision
Popular Force appealed many of these decisions that are now in the hands of the National Elections Jury (JNE), the country’s highest electoral authority.
“More than 200 appeals are pending resolution that had been declared inadmissible in the first instance. Once this is concluded, the resolutions will be returned to the special electoral juries so that they in turn carry out the decentralized proclamation of results. Then the JNE consolidates them into one and proclaims the official results and who has won the elections, “Villalobos indicates.
It explains that the electoral body has already reviewed the 70 or 80 appeals in which a ruling on the merits had been made and that what remains pending are cases that had been declared inadmissible due to errors such as having been submitted in an untimely manner or not. have complied with the payment of the required fees.
According to Ojo Público, only 135 of the 945 nullity requests requested by Fuerza Popular were presented within the regulatory deadline.
Villalobos emphasizes that in the first instance all the requests for annulment were rejected and that until now, during the appeal, the JNE has been confirming those decisions.
“Fuerza Popular is not being agreed with any of the requests for annulment,” he says.
Although some citizens in Peru may feel concerned that there is still no official winner due to the approach of July 28, when the change of government should take place, Villalobos assures that the JNE has already announced that it plans to have finished this work and to have proclaimed the winner for mid-July.
According to a JNE press release, as of June 30, 27 of the 60 special electoral juries had proclaimed their official results.
“Once the proclamation of the JNE comes out, the credentials are handed over to the president and vice president and they are now empowered to swear in and assume office on July 28,” Villalobos points out.
He warns that this step would already be final since there is no other instance to which to go beyond the JNE.
“They could go to the ordinary justice via amparos, but the Constitutional Court has already indicated that the amparos cannot vary the electoral schedule. That is, once the proclamation has been made, it can no longer be turned back,” he concludes.
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Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.