Formosa: the provincial Electoral Tribunal gave Gildo Insfrán a free hand to run for his eighth term

Gildo Insfrán launches his eighth candidacy as ruler of Formosa

Facing the elections in the province of Formosa, Gildo Insfrán has the judicial guarantee to run again as a candidate for governor and, if he wins, to hold office for the eighth time.

The Formosa Permanent Electoral Tribunal rejected on Monday all the challenges made by different opposition politicians against different candidates of different categories. For this reason, both Gildo Insfrán and the radical national deputy Fernando Carbajal will present themselves to occupy the position that would be voted for in the elections on June 25.

“The governor and the lieutenant governor will last four years in the exercise of their positions and may be re-elected”, for which “it does not place a temporary limit or is subject to extra articulated conditions”, clarified TEP leaders ratifying what is stipulated in the Provincial Constitution.

The candidate for mayor of Formosa of Together for Change (JxC) Gabriela Neme questioned the presentation of Insfrán for a new term as governor, in the same way that the leader Francisco Paoltroni did against the aspirations of Fernando Carbajal of the Lema Confederation Front Wide Formoseño.

Both proposals were rejected by the TEP, as well as the one made by the representative of the Frente Amplio Formoseño, current deputy of the UCR, Agostina Villaggi, against the mayors and presidents of Development Commissions who are up for their respective re-elections.

It may interest you: Constitutionalists warned that the ruling of the Court for the re-election of Uñac could be replicated with Insfrán in Formosa

At the same time, Carbajal filed before the Supreme Court of Justice of the Nation, an appeal requesting a precautionary measure to suspend the elections on June 25, in line with the rulings on the elections in San Juan and Tucumán, considering that Insfrán’s new re-election attempt is contrary to the National Constitution.

Fernando Carbajal wants to suspend and postpone the June 25 elections (@FCarbajal2021)

Article 132 of the Provincial Constitution “does not require a major interpretative effort”, the Permanent Electoral Tribunal answered Neme without further ado in response to his questioning and request for a detailed interpretation of said norm. “It does not place a temporary limit or subject to extra-articulated conditions,” said the court ruling.

Judges Verónica Hans, Claudio Daniel Moreno and Sandra Moreno, said in the ruling that the norm is clear and concise, that it does not need a detailed reading. As they pointed out, it indicates the duration in office and the possibility of being re-elected without conditioning in terms of the number of times, so that according to the law this can be unlimited.

Another strategy executed by the opposition to avoid the possibility of Insfrán being a candidate again, is the suggestion to revive the validity of article 129 of the Provincial Constitution, reformed and replaced by the aforementioned.

“The principle of division of powers does not even superficially admit such scaffolding, since under the flap of revision or interpretation, what is actually requested is a modification of the text,” Télam stressed about the words of the judges in response to such a request.

On this point, the ruling states that “to replace the current text with the previous one or to modify the current one is clearly inappropriate, because it is not only an electoral norm, but a text coming from the Constituent Power, which is absolutely alien to this or another power that does not have that quality”.

For this reason, as a constitutive power, the TEP does not have the powers and such interference in the constitutional drafting, nor can the Justice that inspired the constituent of the reform judge. Everything related to the advantages and disadvantages of legislative discretion is alien to the Permanent Electoral Tribunal.

It may interest you: New presentation against the candidacy of Gildo Insfrán, who is seeking his eighth consecutive term as governor of Formosa

Regarding the challenge made by Agostina Villaggi to a group of mayors and presidents of Promotion Commissions of the Justicialista Party, the TEP ruling indicates that Municipalities Law 1028 is of lower legal-regulatory rank than the Provincial Constitution and prior to the Constitutional reform, which is clearly reformulated in other terms from the very text of article 179 paragraph 7 of the current Provincial Constitution, so that “there is no obstacle to the application for the position, whether or not they have held the same in previous periods” .

In this way, the applications for 22 mayors and 8 presidents of Development Commissions and councilor Ariel Marcelo Brignole, son of the current communal chief of El Colorado, were endorsed.

Formula Insfrán-Solís 2023 in Formosa

In conclusion, Insfrán will have no barriers to present his candidacy number 8, where he will be accompanied by the current vice-president, Eber Solís.

The Insfrán-Solís formula was the same that was imposed in the 2019 elections, with 70.64% of the votes, above Bogado-Kaluk, of the Frente Amplio Formoseño.

Keep reading:

New presentation against the candidacy of Gildo Insfrán, who is seeking his eighth consecutive term as governor of Formosa Constitutionalists warned that the Court’s ruling for the re-election of Uñac could be replicated with Insfrán in Formosa “Tyrant” and “failed”: the harsh cross between Patricia Bullrich and Gildo Insfrán

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