Electoral Corruption Conviction in Puerto del Rosario: A Case Study
Background of the Case
In a significant ruling from the Juzgado de lo Penal number two in Puerto del Rosario, Marcelino Cerdeña Ruiz, the former mayor of Betancuria, and a legal advisor from the same municipality were found guilty of electoral fraud. This conviction stems from their actions during the municipal elections held in May 2019, specifically concerning the manipulation of the postal voting process.
The Nature of the Offense
According to the court’s judgment, both defendants acted “previously coordinated” to manipulate the electoral process in favor of Cerdeña’s candidacy under the party Unidos por Betancuria. Their misconduct involved unlawfully processing postal vote applications, directing electoral documentation to the political party’s headquarters instead of the voters’ home addresses. This clear deviation from established electoral procedures compromised the sanctity of the voting rights afforded to citizens.
Tampering with Postal Vote Procedures
The court’s findings reveal that the legal advisor actively participated in the completion of several postal voting requests, potentially filling them out herself. This involvement facilitated the defendants’ appropriation of electoral documents from various individuals before these citizens could cast their votes in person, as mandated by the Organic Law of General Electoral Regime (LOREG).
In at least eight instances, the act of placing the ballot into the voting envelope—a step deemed highly personal under electoral laws—was not executed by the voters themselves. Individuals affected included those unaware of the chosen political address on their applications and others who unwittingly handed over their documents to the accused without having voted. Alarmingly, this included a woman diagnosed with dementia, who did not possess the requisite legal acknowledgement of her incapacity, and who also did not receive the legally required assistance to exercise her voting rights.
Impact on Electoral Integrity
The court emphasized that the conduct of Cerdeña and the legal advisor represented a “corruption of the electoral system,” which interfere with the fundamental right to free voting and the guarantees designed to protect the integrity of postal voting. The judgment elucidated that both the application for postal voting and the receipt of electoral documentation are highly personal acts, and legislation demands that individuals unable to vote in person justify their situation through official medical certification.
This medical document must articulate the reason impeding personal voting, accompanied by a notarized power of attorney that designates a representative to facilitate the postal voting request process.
Evidentiary Findings
The evidence presented in court revealed several troubling testimonies. For instance, one voter stated she did not provide the political party’s address on her application, nor did she receive the envelope or open it herself. Instead, she entrusted it to the legal advisor without casting her vote. Another individual was completely unaware of the address listed on their postal voting application, which had been completed by the legal advisor, who subsequently opened the voting envelope on their behalf—a clear violation of personal voting rights.
Additionally, a 77-year-old witness, who passed away prior to the trial, testified during the investigation that he went to the post office with the accused but neither filled out any forms nor understood the implications of what he signed, believing it was for Marcelino’s benefit.
Furthermore, there was evident concern regarding the voting capability of a witness who, although not formally incapacitated, was suffering from dementia at the time. The fraudulent vote attributed to her was linked directly to Cerdeña. This alarming situation raised questions about the integrity of the process, especially in light of her later evaluation, which identified her with a significant psychological disability.
Sentencing and Consequences
Taking into account mitigating factors, particularly undue delays in the proceedings, the magistrate imposed a fine of six months at a daily rate of twelve euros on Cerdeña, while the legal advisor received a nine-month fine at the same rate. Both defendants will also be responsible for covering the legal costs associated with the case, although no compensatory damages were established, as no civil action was pursued.
The prosecution was led by Fiscal Tomás Fernández de Páiz, who recommended a six-month prison sentence for the ex-mayor and one year for the legal advisor. The maximum penalty for such electoral offenses can reach up to one year of imprisonment, though fines of six to 24 months are more common.
Next Steps
While the ruling has been made, it is important to note that the decision is not yet final and can be appealed to the Provincial Court of Las Palmas. The repercussions of this case extend beyond the defendants, reflecting broader issues of electoral integrity and the conduct of public officials in the electoral process.
In a notable turn of events, Marcelino Cerdeña voluntarily resigned from his role as mayor in July of the previous year, distancing himself from active political life amid the unfolding legal case.
