Background of EA's application to the EEC
On August 17, 2023 Espacios Abiertos, using the mechanism offered by Law 141 of 2019, Law of Transparency and Expedited Procedure, requested from the State Election Commission information related to statistical data of the incumbents in the municipal legislatures, specifically age ( date of birth) and sex. Information that is collected by the EEC in the form required of all applicants when submitting their applications.
Even though the EEC unanimously agreed - as recorded by resolution- offer the requested data (indicating that it would replace the date of birth with the age) still at the beginning of October had not given EA what it offered to provide. Thus, EA decides to assert the constitutional right of access to information (Soto v. Secretary) and appeals to the court using the (“expedited” procedure for access to information) established by Law 141.
Already in Court, the CEE changes its mind and revokes its previous determination and counterargues that the information requested is confidential in nature since it is kept within the voter registry. It is worth noting that this argument was already debated by EA and the EEC on two occasions before the courts during 2020 and on both occasions the EEC lost and the information (on that then photographs of elected officials and then those of The candidates) It had to be handed over to Open Spaces.
As of today, almost eight months since the request for information was made, we are still in the dark regarding information held by the EEC, which in addition to being of public interest is of a statistical nature that would offer visibility on the representativeness or lack of representativeness. of women and youth in our legislative bodies (at the municipal and state level). It is ironic that the entity called to administer our democratic exercise is, in turn, the entity that persists in restricting our democratic rights by limiting the visibility - and therefore the opportunity to guarantee - the representation of important sectors of our population in positions elected
Most relevant documents related to the case Open Spaces v EEC (SJ2023CV09305)
August 17, 2023, EA Information Request to the EEC (in EEC form)
6 September of 2023, Unanimous agreement of commissioners regarding EA request on dates of birth/age of municipal legislators
5 October of 2023, Motion in compliance with order (story and documents supporting the request presented by EA)
25 October of 2023, Opposition to Motion to Dismiss
6 November of 2023, Opposition to Motion to Dismiss
December 13 from 2023, Judgment of the Court of First Instance
January 31 of 2024, Ruling of the Court of Appeal
March 25, 2024, Petition for Certiorari to the Supreme Court (presented by the EEC)
4 April 2024, Motion to Oppose Open Spaces (before Supreme Court)
22 April 2024, There is no place for the Supreme Court