*ACTIVISM IN PROGRESS: The description of the actions presented by the movement will be updated as they develop*

"...Political organizations and legislative blocs of the Congress of the Republic are prohibited from receiving or incorporating deputies who have been elected by another political organization." Article 205 TER

We filed for an injunction against the registration of turncoat deputies

Which constitutional rights are we seeking to protect?

In summary, the constitutional principles of:
– Legal certainty: The effective enforcement of current laws. Judges or officials cannot decide not to apply certain norms.
– Equality before the law: All individuals are equal before the law. A prohibition cannot be applied to some people and not to others.
– Legality: All public officials are subject to the law and are never above the law, nor can they act contrary or arbitrarily.

Why did we take action?

On March 6, we submitted a citizen request to the registrar of citizens for him to express his reasoned opinion on the registration of congressional candidates who fell under the prohibition set forth in the LEPP.

On Saturday, March 23, we learned through social media and news outlets that some deputies nominated by the FCN-Nación political party, who fall under the prohibition set forth in Article 205 Ter of the Electoral and Political Parties Law (LEPP), having previously been elected by a different political organization, have been registered as congressional candidates.

Consistent with our mission to consolidate a Republic in Guatemala, we present this action seeking the application of the law under constitutional parameters.

In a republican and democratic government, no one is above the law, all are equal before the law, and judges and public officials are subject to the law.

Is preventing defection the end of the problem of poor representation in Congress?

Political defection has been a persistent problem in the Congress of the Republic and can only be resolved when citizens have the possibility of directly electing deputies through open lists, a solution that we will continue to promote during the next legislature.

Political defection reflects a deeper problem than merely switching political parties. It evidences a separation between the voter's interest and their actions, as it does not directly respond to the voter.

As a movement, we identify that if a deputy is elected directly by the citizen, they have greater incentives to fulfill their function of direct representation to their constituents and electoral district.

What is not in question with this action is the efficiency of the anti-defection provision; that is another discussion for another forum and space that we will have in due course; what is in question is the application or non-application of a current norm in the Electoral and Political Parties Law.

How is the injunction process progressing?

• Filed before the Supreme Court of Justice against the Supreme Electoral Tribunal on Tuesday, March 27, 2019, at 11:20 am.
• To be continued…