C-497/19
Decision by luck of the winner of an election, in the event of a draw in the votes
Constitutionality review as per a citizen request (Jose Manuel Martínez González) of the Presidential Decree 2241 of 1986
Date: 10/22/2019
Judge-Rapporteur: Antonio José Lizarazo Ocampo
The reviewed Decree. Article 183 of Presidential Decree 2241 of 1986, states that If the number of votes in favor of two or more candidates or voting lists is equal, the election will be decided by lot.
The plaintiff´s arguments. The plaintiff claims that the provision directly contradicts the constitutional right of citizens to directly elect public servants.
Issue: Do the decision by luck of the winner in a tied election violates the right to directly elect some public servants?
Ruling and reasoning. No. The Court declared that the questioned provision does not affect the right of citizens to directly elect public servants designated as popularly elected by the Constitution. The Chamber explained that when there is a tie, the decision of the constituents is already taken in favor of both/all the candidates tied, and the selection by lot of who fills the position is supported by an uninterrupted chain of legitimation that goes back to the people. The draw is not part of the electoral function nor does it constitute an election mechanism. Therefore, it does not ignore sovereignty or replace the popular will.
Consequently, the Court ruled the CONSTITUTIONALITY of article 183 of the Election Code.
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