President appoints members of TED despite Law 018 providing for

President Luis Arce has appointed eight members of the Departmental Electoral Courts (TED), which were inaugurated on Wednesday by the President of the Chamber of Deputies. Two members resigned after the sub-national elections and six remained in their positions. The electoral law provides for the “immobility” of the members and lays down the reasons for the termination of their function and the loss of functions.

According to Article 33 of the Electoral Body Act, the President of the Republic appoints one member in each departmental electoral court and one member of the Supreme Electoral Court. On December 3, 2019, former President Jeanine Áñez appointed nine members to the TSE alongside Salvador Romero.

Romero and the TED members of Chuquisaca and Cochabamba resigned after the last election of the political authorities at the departmental, regional and municipal levels. Arce appointed his representative at TED La Paz in January. The other members appointed by Áñez did not resign and remained in their positions.

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ANF ​​requested further information about the reasons for the replacement and the legal position of the members who had not resigned via notification from the TSE, they asked us to contact the board of directors. We submitted the request to the government via WhatsApp, but we still haven’t received a response.

Law 018 provides that the termination and loss of functions of the members of the TSE also apply to the TEDs. Article 20 states: “The members and members of the Supreme Electoral Court shall have a term of office throughout the period set for the performance of their duties.”

Their functions end with the expiry of the term of office, the declaration of resignation before the body responsible for their appointment; Any withdrawal is final and its effects result from its presentation and permanent absolute disability declared in accordance with the law.

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While the members of the TSE lose their functions because they are sentenced to enforcement for crimes committed in the exercise of their function, for crimes of corruption or for crimes resulting in deprivation of liberty and the commission of a very serious criminal offense.

The article refers to the provisions with common application, stipulates that the “requirements and grounds for the inadmissibility of access to the position, exercise of the function, term of office, chair and vice-presidency, operation, termination of functions, loss of office and established for the TSE Determination of jurisdiction will be applied for at the departmental election courts “.

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