The Electoral Commission of the electoral process that is underway in AFE has issued a statement this Tuesday requesting the urgent resumption of the process to end the scrutiny and determine if David Aganzo continues as president of the union or, failing that, Gaizka Toquero will replace him until 2025.
The recount was suspended last Monday for “exhaustion”, according to the statement from the Electoral Board, and for “indisposition” of one of its members. The restart date is next Thursday at 2:00 p.m. At the time of the stoppage, almost 50% of the 5,100 votes cast had been counted (most by mail), with Aganzo clearly ahead of Toquero (almost 700 more votes). Now, the Electoral Commission, made up of Leopoldo Pardo Serrano (president), Iván López García de la Riva (member), Rodrigo García Lucas (member) and María José López González (secretary), requests that the recount be restated before 12 : 00 on Wednesday, April 14.
Official statement:
“The Electoral Commission of the AFE electoral process met on April 13, 2021 at 12:30 p.m. and before the suspension by the Electoral Table of the act of counting the votes yesterday, April 12, 2021, in exercise of its powers of supervision of the electoral process established in articles 28.1 and 30.6 of the AFE Electoral Regulations and to issue the corresponding instructions to the polling station in matters of its competence, provided for in art. 30.2 of said Regulation, EXPOSES:
FIRST.- This Commission takes note of the suspension of the vote counting process yesterday, April 12, 2021, agreed by the Electoral Board, due to the indisposition of one of its members and the exhaustion of the remaining members given the length of the work of introducing the vote by mail and scrutiny. It also takes note that the Board has agreed to continue such work as of Thursday, April 15, 2021 at 2:00 p.m.
SECOND.- Article 95.2 of Organic Law 5/1985, on the General Electoral Regime, is applicable, by reason of the provisions of art. 1.1 of the Electoral Regulations. Said precept establishes that the scrutiny is unique and will not be suspended except for force majeure.
THIRD.- This Commission does not have any evidence that after more than 24 hours of rest in the scrutiny work by the Table, there is no force majeure situation in the terms that result from Instruction 6/2011, of April 28, of the Central Electoral Board, of interpretation of article 27.3 of the LOREG, on impediments and justified excuses for the positions of President and Vocal of the polling stations, which prevents the resumption of the vote count, being that the electoral legislation is intended is to get the most agile and secure scrutiny.
Further, a period of suspension in the count of as long as that agreed by the Board implies significant additional costs for the Union which could only be justified in the event of force majeure.
In addition, the complexity that the scrutiny process is showing determines the need to resume said count as soon as possible. For this reason, this Electoral Commission understands it necessary that these tasks be resumed by the Table, at the latest, at 12 noon tomorrow, Wednesday.
In consecuense:
AGREES
1st.- To convey to the polling station its maximum concern about the suspension for three days of the counting work.
2 ° .- Require the polling station to adopt a new agreement by which the counting work is restarted as soon as possible and in any case at 12 noon on April 14, 2021, guaranteeing minimum counting periods of twelve hours and rest periods, including a maximum of twelve hours, previously informing this Electoral Commission of all this in advance.
The Electoral Commission, once it has received this information, will transfer it to the candidates and auditors immediately.
All this in order to guarantee the proper conclusion of the electoral scrutiny process.
3rd.- Remind the Electoral Table that, in the absence of members of the Electoral Table, which must be communicated to this Commission as far in advance as possible and be fully justified in the terms indicated by the aforementioned Instruction 6/2011, the scrutiny tasks must continue, being carried out by at least two members of the Board (art. 89 of Organic Law 5/1985).
4th.- Likewise, to remind the Table that it is the responsibility of its members to promptly and adequately develop and conclude the scrutiny process, since, in addition, all of them voluntarily appeared at the constitution of the Table and were integrated into it, personally assuming the responsibilities. of his position and the consequences of all kinds, including patrimonial, derived from his eventual breach.
5 ° .- Communicate these agreements personally to the members of the Table and also to the auditors and candidatures, also publishing it as established in art. 28.7 of the Electoral Regulations of AFE.
The Electoral Commission “.