Mechanisms for Political Parties’ Control over Electoral Authorities Adrián López A. SENPLADES-FLACSO September 30, 2009

Index 1.The case of Ecuador 2.Constitutional change 3.Divisions between electoral administration and justice 4.Tools for controlling electoral matters 5.Conclusions and perspectives

Ecuador case: 3 years, 7 elections Oct – 1st round Nov – 2nd round Apr – Popular consultation Sep – Constituent Assembly elections Sep – Constitutional referendum Apr – General elections Jun – Civil Parrish elections

Ecuador case: 1st Round, 2006 (% Votes for Correa)

Ecuador case: 1st Round, 2009 (% Votes for Correa)

Constitutional Change Trend for constitutional change in Latin America Redefinition of relationships between actors and changes to the existing power structures Expansion of “plebiscitary” democracy Strengthening of electoral authorities De-institutionalization of traditional political parties

State Structure before 2008

State Structure post-2008 TRNASPARENCY AND SOCIAL CONTROL FUNCTION CONSTITUTIONAL STATE OF RIGHTS CITIZEN PARTICIPATION AND SOCIAL CONTROL COUNCIL NATIONAL ASSEMBLY CONSTITUTIONAL CONTROL / CONSTITUTIONAL COURT LEGISLATIVE FUNCTION EXECUTIVE FUNCTION JUDICIAL FUNCTION ELECTORAL FUNCTION OMBUDSMAN PUBLIC COMPTROLLER SUPERINTENDENCIES PRESIDENCY NATIONAL EQUALITY COUNCILS ARMED FORCES AND NATIONAL POLICE JUDICIARY COUNCIL NATIONAL COURT OF JUSTICE PROVINCIAL COURTS OF JUSTICE TRIBUNALS PEACE TRIBUNALS AUTONOMOUS ORGANS PUBLIC DEFENDER DISTRICT ATTORNEY AUXILIARY ORGANS SERVICIO NOTARIAL MARTILLADORES JUDICIALES DEPOSITARIOS JUDICIALES NATIONAL ELECTORAL COUNCIL CONTENTIOUS ELECTORAL TRIBUNAL AUTONOMOUS DECENTRALIZED GOVERNMENTS 1. REGIONAL 2. PROVINCIAL (GALÁPAGOS) 3. CANTON (METROPOLITAN DISTRICTS) 4. PARRISH ATTORNEY GENERAL

Electoral Law– 2000 Rules and Regulations of the Electoral Law– 2000 Political Parties Law– 2000 Electoral Expenditures and Propaganda Control Law – 2000 Rules and Regulations for the Electoral Expenditures and Propaganda Control Law – 2002 Suffrage Law for Equatorians Living Abroad– 2002 Electoral Law, “Code of Democracy”– 2009 Legal Changes in the Electoral Realm It is necessary to guarantee the judicial and extrajudicial control over the constitutionality of acts and resolutions adopted by the electoral authorities

Divisions between administration and justice in electoral systems The 5 advisors and judges are designated for a 6-year term, with substitutes for 2 and 3 advisors every three years, respectively Political parties with most votes 7 members in the Electoral Tribunal General Elections Merit-based contest 5 advisors CPCCS 5 electoral judges “Depolitization” of Electoral Functions Pre-2008 Post-2008

Structure and Competencies of the Electoral Function National Electoral Council Provincial and District Electoral Delegations Intermediary Scrutiny Committees Vote Reception Committees Contentious Electoral Tribunal Constitutional Court Independent Electoral Organisms Regional, district, provincial and external committees Plenary of the TCE Occasional judicial advocate Judges

Medios de Control en Materia Electoral Protective Action Political Trials Right to Contest Elections Appeals Complaints Nullity Revisions Reconsideration Clarification or Expansion Political subjects Persons Political movements Political parties Alliances Candidates Natural Legal (entities) Political-Electoral Rights Constitutional Controls and Resources Fiscalization and supervision of electoral authorities

Comparative Analysis Political Trials Clarification or Expansion Contestation Appeal Complaint Nullity Revision Reconsideration Protective Action Candidates Political Parties Electoral Authorities Persons

Electoral Justice for Political Parties  As entities within their own judicial sphere, Political Parties can violate the political-electoral rights of citizens by way of several examples: Unjustified denial of affiliations Obligatory affiliations Unjustified unaffiliation Unjustified refusal to stand or run for office

Electoral Justice for Political Parties  Under the principles of justice and the demand for rights that will protect citizens from helplessness, the internal instances of political parties are not sufficient: «Under the circumstances, no better option has been studied to provide protection for political-electoral rights than the intervention of the State’s jurisdictional agencies – concretely, those which are dedicated to electoral matters – because of their external relationship to political parties, they have the specialization, impartiality and legitimacy that are needed for said task (Terrazas y Delgado, 2003: 3)»

Trials for the Protection of Citizens’ Political- Electoral Rights  The act of violating political-electoral rights is traditionally and uniquelly committed by electoral authorities  As such, there are spaces for protective actions, but if they do not consider political parties as passive subjects  However, should political parties be tried in order to protect citizens’ political- electoral rights? Political Parties Citizen Electoral Authorities Constitutional Justice

Conclusions and Perspectives  The region’s current political processes have strengthened the role and importance of electoral institutionality, forming part of a historical moment that is setting the stage for new opportunities  It is essential that democratic channels for constitutional control over electoral authorities be guaranteed, thereby systematizing, clarifying roles and institutionalizing them  These controls should be extended to cover periods between elections and the relationship between electoral tribunals and the highest instance of constitutional control should be carefully thought through  The role of Political Parties cannot be made invisible. On the contrary, it should be strengthened with the objective of making democracy more participative and of a higher quality  The encouragement of direct democratic mechanisms can marginalize Political Parties and risks the deinstitutionalization of civil society

Thank You