In various interviews conducted by the media, concerns persist about the delayed qualification of the candidate Christian Zurite, who was presented to the CNE by the coalition of the Construye movement (list 25) to comply with the option provided for in Article 112 of the Democratic Code, to replace Fernando Villavicencio , who was killed last Wednesday. It is feared that she will not be qualified and that the list without a replacement will go to the polls on Sunday, August 20; consequently, there is also a doubt that the votes obtained by the Villavicencio-González binomial will be declared invalid.

From my particular point of view, no doubt fallible, as it would be a contradictory thought, the votes that the Construye movement receives (list 25) in the event that Christian Zurita is not allowed to participate will be fully valid and should be calculated to Thus, if is so, they are deposited without formal defects and clearly express the voters’ will to stand for that list. In such a way that, if the budget locates the Villavicencio-González couple in the second round, the same list of 25 can participate in the vote and, if applicable, be declared the winner and the succession procedure is applied, so that the candidate for Vice President is sworn in as such and then assumes the duties of the Presidency of the Republic.

I explain. After the elections have been conducted, in accordance with Article 125 of the Code of Democracy, the supervision must, among other actions, prepare minutes in triplicate detailing the number of valid votes, empty votes and invalid votes. Votes cast on list 25 (and other participant lists) ballots submitted by the committee that in any way “intelligibly express the will of the voters” to favor binomial must be considered valid. noted.

Regarding the declaration of invalidity of votes, the Code of Democracy limits this action to the conditions expressly stated in Article 126: “The following shall be considered invalid votes: 1. Those containing evaluations for more than one candidate or, as the case may be, binomial, in the elections of one person; 2. When the voter marks more than one list in elections for more than one person or expresses his preference for candidates between the lists. 3. Those who carry the words null and void or canceled, or others similar, or those that have erasures that clearly show the will to cancel the vote. Those without any mark will be considered as empty votes. In other words, the reasons for annulment, like any sanction, must be expressly provided by law and are not subject to analogous application. In addition, there is a legal presumption of validity, established in Article 146 of the aforementioned law, which reads as follows: “Generally, in case of doubt, the validity of votes will be considered.” (OR)