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The first joint committees of the Senate and the House of Representatives approved in the first debate the project that seeks to reform the Electoral Code in Colombia. After an intense debate among congressmen for the attempt to eliminate the Guarantees Law or Law 996 of 2005, a political agreement was reached.
Senator Gustavo Petro warned: “We managed to stop the repeal of the Electoral Guarantees Law at the last minute, managing to tie the vote in the Senate First Committee that we lost in the Chamber. For plenary, a new statute of electoral guarantees must be built “.
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Finally, in session this November 13, the banks agreed to seek a political agreement on the matter, that includes, of course, the Government, but also mayors and governors, through the Colombian federations of Municipalities (Fedemunicipios) and Nacional de Departments (FND).
The approved text opens the door to the implementation of mixed electronic voting and the extension of the electoral day until five in the afternoon.
As approved by the commissions, the implementation of the Mixed electronic voting cannot be given before the 2023 elections and it will begin to be implemented in pilot plans in up to 5% of the voting tables.
The project now goes to the plenary sessions of the Senate and House of Representatives, where it must hold its last two debates to become a Law of the Republic.
Why was the discussion on the Guarantees Law important?
The Law of Guarantees establishes a series of restrictions among which is to provide balance and transparency of administrative action in the middle of an electoral process. This prevents the state payroll or direct hiring are used as a means in the electoral campaign to favor a candidate.
This law prohibits state entities enter into direct contracting contracts during the four months prior to the presidential election and until the date on which the President of the Republic is elected.
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A rule in the electoral game that for many politicians is essential to avoid irregularities in the money that enters the campaigns of different candidates. However, with the new reform of the Electoral Code that is in process, an attempt was made to repeal the Law of Guarantees.
“Alert !! At the last moment, in the last article of the Electoral Code it is intended to REPEAL THE LAW OF GUARANTEES by facilitating a contract fair in the 4 months prior to elections and the use of public goods for campaigns in the hands of a government concentrating power “wrote Senator Roy Barreras.
Likewise, in the middle of the session that took place in the first joint committees on Thursday night, Senator Angélica Lozano assured: “It is a monumental and historical error to eliminate the Law of Guarantees. It is a hoax to say that it is good to eliminate it to reactivate the economy. The Green Party agrees not to approve the repeal of Law 996 of 2005 ”.
“It is important to uphold the Law of Guarantees”: MOE
In the discussion on eliminating the Guarantees Law from electoral processes, the Electoral Observation Mission (MOE) warned that the elimination of the Guarantees Law, within the discussion of the Electoral Code, which is carried out in Congress, it would put the transparency of future elections in the country at risk.
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“It is important to uphold the Law of Guarantees, since it prevents public resources and the power of municipal, departmental and national administrations from being made available to electoral campaigns”the organization warned.
The EOM also recalled that within this law it is stipulated that, four months before the presidential election and until the second round, direct hiring is prohibited, in the same way that in this same period no inter-administrative agreements can be made, nor works inauguration with candidates, so it would be a risk if this regulation is eliminated.
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