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El Presidente deroga el “voto por correo” que Macri habilitó en 2019

Era para los argentinos radicados en el exterior. Lo usaron unas 8.500 personas. En línea con un dictamen judicial, el Gobierno dice que no está contemplado en la ley.

NOTICIAS ARGENTINAS BAIRES, DICIEMBRE 31: ARCHIVO-El presidente Alberto Fernández remarcó que diciembre \»fue un mes de relajamiento\» frente al coronavirus y eso generó que el virus circulara \»con mayor rapidez\» en declaraciones radiales. Foto NA


Fueron pocos votos pero con alta adhesión a Mauricio Macri. De los 48.389 votos emitidos por argentinos que viven en el exterior e las presidenciales del 2019, más del 77% fue para Juntos por el Cambio (JxC). Fue un récord, aunque un porcentaje chico respecto a los 385 mil empadronados, e introdujo una novedad que generó una disputa política y judicial: el voto por correo.

El formato se usa en varios países del mundo y Macri lo implementó por decreto, lo que generó una discusión sobre si podía o no hacerlo por esa vía; es decir sin pasar por el Congreso. Dato: toda modificación electoral, como cuestiones penales e impositivas, no se pueden modificar por decreto.

La semana pasada, la Procuración de la Corte Suprema, a cargo de Laura Monti, emitió un dictamen en el que consideró que el voto por correo no está contemplado en la legislación argentina y sobre esa base, Alberto Fernández firmó un decreto para derogar ese formato y, además, anular otra disposición impuesta por Macri: el voto anticipado, que aunque se promovió no llegó a ponerse en práctica.

El Gobierno esperó la “opinión” judicial, que coincide con lo que opinó primera instancia María Servini de Cubría, y contraría lo que en 2019 resolvió la Cámara Nacional Electoral (CNE), que consideró válido ese formato.

Con ese argumento, anulará el decreto 45 del 2019 firmado por Macri, el jefe de Gabinete Marcos Peña, el ministro del Interior Rogelio Frigerio y el canciller Jorge Faurie. Y los decretos 54 y 55 rubricados por Macri, Peña y Frgerio.

“Cualquier modificación del sistema de votación y electoral debe pasar por el Congreso. Y en las leyes electorales vigentes no está contemplado ni el voto postal, ni el voto anticipado», explicó Patricia García Blanco, secretaria de Asuntos Políticos del Ministerio del Interior.

García Blanco participó en 2019 de la disputa judicial como apoderada del Partido Justicialista, uno de las agrupaciones y sectores que objetaron la aplicación del voto por correo por considerar que no estaba en las facultades del Poder Ejecutivo introducir esa modificación mediante un decreto.

Servini de Cubría atendió ese planteo, la CNE respaldó el decreto presidencial y ahora la procuración, aunque su dictamen no es vinculante, considera que no se puede disponer ese mecanismo vÍa decreto.

En Casa Rosada anticipan que las derogaciones son para volver al sistema vigente, es decir que el voto de los extranjeros deba ser presencial y el día de la votación.

Ese es otro punto que en su momento promovió Macri pero al final no aplicó: que procesados alojados en cárceles federales y provinciales, y fuerzas armadas y seguridad que forman parte del operativo electoral, puedan votar entre 7 y 12 días antes del día de los comicios.

No llegó a aplicarse por a las objeciones pero el gobierno de Cambiemos postergó esa medida pero la dejó vigente para el 2021. Debería, con la normativa actual, usarse este año. No ocurrirá porque según el gobierno, así como no existe una legislación que permita el voto por correo tampoco las leyes contemplan el voto anticipado, sino que estipulan que se votan el mismo día.

Fuente: DiarioAR

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