Article published in La Hora on July 5, 2023.
On June 25, the national elections yielded an unexpected presidential result. Nine parties raised various complaints about the vote count and, as a result, filed for a protection writ before the Constitutional Court (CC), which, as has become customary these days, intervened by issuing an injunction.
This injunction, issued on July 1, 2023, ordered a repetition of the vote scrutiny hearing, followed by a comparison of records [actas] to “correct” any potential errors in the vote tally. The CC even left room for a vote recount in certain exceptional cases if there were justified doubts about alterations of results. But I emphasize: in exceptional cases. (Guatemalan law does not provide for a manual recount of votes by opening the ballot boxes and recounting the ballots).
This intervention by the CC showcases a sad irony. Although the current electoral process was chaotic in the candidate registration phase due to the erratic criteria of the Supreme Electoral Tribunal (SET) [Tribunal Supremo Electoral] and the excessive influence of the courts, the vote count has traditionally been one of the most robust aspects of our electoral system.
Since the Ley Orgánica del Tribunal Supremo Electoral (Organic Law of the Supreme Electoral Tribunal) in 1983, our vote-counting system has rested in the hands of volunteer citizens. This has been the case to date and is the main reason for its robustness. These volunteers form Vote Receiving Boards (VRBs) [Juntas Receptoras de Votos (JRV)], responsible for receiving, scrutinizing, and counting the votes at their respective tables, all under the watch of the political parties’ representatives.
However, the VRBs are just one link in a well-organized and hierarchized chain. Above them, there are the Municipal Electoral Boards (MEBs) [Juntas Electorales Municipales (JEM)] and the Departmental Electoral Boards (DEBs) [Juntas Electorales Departamentales (JED)]. The MEB is responsible for appointing and swearing in the VRBs, and then receiving and compiling the electoral results from them. The DEB, in turn, has the responsibility to declare the result and the validity of the elections in its department and send the results to higher authorities.
This counting process is meticulously documented in a series of documents signed by the presidents, secretaries, and members of the Boards, from document number 4 that gathers the results of each table (VRB), to document number 7, which summarizes the votes obtained by each party in all the municipality’s elections.
With this series of checks and balances, and the participation of more than 73,281 volunteers and substitutes in the VRBs at over 24,427 voting tables, it is nearly impossible to commit large-scale fraud without being discovered.
Despite the inherent security in the process, the CC has ordered the repetition of the vote scrutiny hearings to correct minor errors or disputes that the parties claim they couldn’t assert in the hearings that took place last week. However, fringe actors, who possibly don’t even understand the process, have seized this opportunity to make unfounded claims of fraud, further eroding the already precarious confidence in Guatemala’s democratic institutions.
Furthermore, although the recount process is laborious and meticulous, some critics have overlooked a fundamental fact: human errors occur. Given the number of volunteers and the scale of the vote, it’s natural that there may be minor discrepancies in the numbers when tallying votes. This does not necessarily mean that there has been fraud.
The current and I believe, unnecessary process of comparing records that the Court has resolved will, at best, correct minor errors and validate the results. The improper interference of the constitutional court in this matter deserves deeper analysis, and I hope to have the opportunity to do so.
In these times of uncertainty and distrust, it’s vital to acknowledge the Electoral Boards and the VRBs for their dedication and civic effort. Thanks to their work, Guatemala could have a successful vote, despite the obstacles and challenges. Let’s applaud these people who decided to actively participate in building democracy. Their service deserves our recognition and respect.
In the meantime,those trying to sow doubts and undermine confidence in our electoral system should reconsider their actions. The high courts should act prudently and avoid needlessly prolonging the electoral circus.
