The Constitutional Court (TC) annulled the clause in Art 25 of the Political Parties Law 33-18 that prohibited parties from allying with another party in their first participation in an election.
The minority parties Alianza País (ALPAIS), Partido Humanista Dominicano (PHD), Partido Dominicano por el Cambio (DXC), Frente Amplio (FA), Fuerza Nacional Progresista (FNP), Alianza por la Democracia (APD), Partido Revolucionario Social Demócrata (PRSD), Opción Democrática (OD) had submitted a motion against the clause on 11 October 2018.
Numeral 12 of article 25 of Political Parties Law 33-18 prohibits political parties, groups and movements from “concurring allied with another political party in their first electoral process participation.” It obligates the parties to nominate their candidates in that contest, at the municipal, congressional and presidential levels.
In the same ruling announced on 28 August 2019, the Constitutional Court revoked another Political Party Law 33-18 clause. The court says party membership cannot be a prerequisite for running for elective office.
The Constitutional Court also rejected the Political Parties Law 33-18 clause that prohibits any kind of political propaganda that is based on, makes reference to or may be perceived as negative, disrespectful or contrary to the principles, customs and cultural values of the local, regional or national community, be it related to religious, racial or sexual preference, or of any other nature that contravenes good customs.
Likewise, the Constitutional Court rejected language in the Political Parties Law 33-18 that bans publishing negative messages in social media that could tarnish the image of the candidates and the application of High Tech Crimes Law 53-07 fines to these negative messages.
Moreso, the Constitutional Court downturned the ban on political advertising on radio and TV in the Political Parties Law 33-18.
The annulments were announced on 28 August 2019.
An editorial in El Dia concludes that the Political Parties Law 33-18 was poorly drafted. It has numerous constitutional violations and ambiguities that have had to be sorted out in time-consuming processes by the Superior Electoral Court (TSE) and the Constitutional Court (TC). For more than 20 years, the PLD-majority National Congress discussed the bill. The new law has considerably increased the cost of the general elections in the Dominican Republic.
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Listin Diario
Diario Libre
El Dia
29 August 2019