GANA match cancellation | ElPeriódico of Guatemala



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It appears that the Citizens' Registry of the Supreme Electoral Tribunal (TSE) has begun the process of canceling the GANA (Great National Alliance) party, of course illegal election. Apparently, the electoral authority detected financial irregularities in the GANA campaigns during the 2011 and 2015 electoral processes.

The first paragraph of Article 21 of the Political and Electoral Parties Act (LEPP) provides that the Supreme Electoral Tribunal (TSE) is responsible for the control and supervision of public and private funds received by political organizations to finance their ongoing and campaign activities. On the other hand, Article 21 (e) of the fourth paragraph of the LEPP provided (before the 2016 LEPP reform) that for the financing of parties and election campaigns, it should be noted that: " (…) e) The maximum limit of election campaign expenses will be at the equivalent rate in quetzales of one US dollar, UU, per registered citizen until December 31st of the year. 39, the year preceding the elections (…) ". This precept was in effect during the electoral processes held in 2011 and 2015.

The ceiling for campaign expenses for the last electoral process (2015) was set by the TSE at 58,000,000 QK for each party participating in the contest. Among the advance propaganda expenses and those made after the election call, the parties PP, UNE and Lider exceeded the maximum ceiling of expenditure mentioned above. Coincidentally, these parties also exceeded the spending limit
during the 2011 electoral process.

In addition, section 407 "N" of the Penal Code (in force during the 2011 election process and 2015) provides: "Illegal electoral financing: The individual or legal person who provides, receives or authorizes the receipt of resources for the financing of political organizations or their candidates, because of the activities permitting, campaigning and election events, knowing that such contributions or resources are derived from organized crime, money laundering or any other activity described as an offense under the Penal Code and other related laws, will be punished with imprisonment from 4 to 12 years inconclusive and a fine of 200 to 500 000. It is also considered illegal electoral financing, any contribution received anon yly, and those who are not registered in the accounting book that the political organization must carry. The penalty will be increased by two-thirds when the crime is committed by anyone who holds a job, a public office or an elected office, in addition to the penalty imposed, will be excluded from the choice to occupy a public office. "

In any case, it is remembered that the CICIG denounced the parties UNE and FCN-Nation, for having received an illegal electoral financing, because the persecution comes against the officials of the the commission of the said crime, as well as the electoral authority cancels both parties.Therefore, the TSE, in accordance with article 21 ter, literal k), of the LEPP, must annul the parties UNE and FCN-Nación, for violation of the maximum limit of campaign expenses, and, as the case may be, for the referenced imputation of illegal electoral financing.However, according to press reports, the TSE Citizens Registry and the current judiciary of the TSE have exonerated the ONE and are ready, with zeal and rigor, to cancel other parties (GANA, FCN-Nación), which has caused the repudiation of public opinion .We would not want think that this is part of an electoral strategy designed to promote the ONE .

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