[ad_1]
– Does recall mean new elections? What does the current law stipulate?
Revocation means the termination of the institution’s mandate, but according to the Right to Participation and Citizen Control Law (Law No. 26300), its abolition does not require new elections to choose a successor.
– When did this rule apply? Because there was an election before, right?
The law amended Article 24 of Law No. 26300, which came into force in 2015, since Law No. 30315. Previously, the rule stipulated that if all members of the Council were removed, new elections would be held so that those elected would complete their term.
-Do you think this norm can protect the stability of local administration?
The cancellation of new elections is a disincentive for the promoters of recall, as reflected in the fact that significantly fewer recall proceedings are now conducted, even though before there were two consultations during the government period (in the second and third years), now there is only one, which takes place in the third year.
-Who replaces the revoked authority?
Pursuant to article 24 of Law 26300, the National Electoral Jury appoints replacements for the revoked powers to fulfill their mandates according to the following rules: In the case of the governor, the person elected by the Regional Council from among its members can join the list of members of the revoked power by a simple vote. In the case of the simultaneous appointment of the Regional President and Vice-President, the Regional Council elects the replacement from among the qualified members of the list of the revoked power by a half vote plus the affirmative vote of one statutory councillor. In the case of a regional councillor, the corresponding annex. In the case of a mayor, the first deputy councillor on the same list. In the case of a councillor, the corresponding annex on his list.
― What will happen in a situation like the one in which the Lima City Council calls for the recall of Mayor Rafael López Aliaga and all councillors? Who will become the mayor and vice mayor?
The 2 million signatures required to remove the mayor of Lima and his councillors are unlikely to be obtained. However, in the event that they are obtained and withdrawn after consultation, the unannounced candidate of the People’s Renewal Party will enter as a replacement, while the unannounced candidates of the second and third ranked parties will continue, as they have already obtained the quota of councillors in the Metropolitan Council.
– In the case of the PLRP, the list of auxiliary members was not enough to replace the 21 deputies who entered the Council. How was this done in this case?
Undeclared candidates from the political parties are listed in order of preference.
– How much time do the initiators have to collect signatures?
According to the recall schedule, initiators must present the signatures they have collected by October 11, 2024, in order to be able to pass the verification process carried out by RENIEC. In other words, they are less than four months old.
―Once you get the signature, what is the next process?
The process is divided into two stages. The first is to collect signatures and call for consultations through signatures, which may take about four to five months. This will be followed by the second stage, which will take place on March 10, 2025 according to the election calendar and end on the day of voting, during which the initiators and the authorities will campaign for or against the revocation.
―How many signatures are needed to revoke it?
It is necessary to obtain 25% of the voters in the jurisdiction. Since Metropolitan Lima has nearly 8 million voters, 25% is 2 million signatures.
―Does ONPE examine the authenticity of motives when awarding election kits?
The request must be substantiated, but it has not been. This means ONPE cannot review whether the allegations against the authorities are true.
-Do you think these processes will distract the mayor?
Citizens have the right to revoke their power. However, in my professional experience, I have been able to see recall advocated out of a spirit of revenge, especially by those who lost in elections. Although recall negotiations are difficult to conduct, especially in regions or provinces with thousands or millions of voters, it still distracts the authorities because its image is damaged.
– What are the most common reasons for dismissal in municipal and district cases?
Revocation requests cannot be based on vacancies or suspensions, nor can they be based on criminality. As a result, promoters often accuse authorities of not following government programs, or being irresponsible.
— What are the chances of success in recalling the mayors of Lima and Miraflores, or is this a question of signatures rather than fundamentals?
In either case, I think it is unlikely that signatures could be obtained in either constituency to call for recall. With the exception of Susana Villarán’s recall consultation, which required only 400,000 signatures instead of the current 2 million, there has never been a recall in the regions, provinces or districts. Recalls are achieved in small areas.
―How does revocation differ from vacancy? When can we proceed with these measures?
The difference is that recall is a popular consultation where citizens have their say in the vote to remove the power. Vacancy, on the other hand, is a sanctioning procedure in which the City Council first and the JNE in appeal declares the body vacant when it has been proven that the body is involved in one of the following reasons: law.
[ad_2]
Source link
