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Re: [council] How to resume (was: Ballot b10)
[">" = Michael Schneider]
> To me - and here I would like to argue as a lawyer - it is clear: if an
> invalid or incorrect vote was submitted, all those participating have to
> live with it. We can and should pity the candidate who didn't receive the
> vote he was intended to receive, but that doesn't change the situation.
I have consulted with our legal counsel Margarita Valdes, and she agrees
with Michael. Her opinion is the following:
The need for certainty in the different stages of the election
process requires that once the second round of voting started, and
the result of the first one was established, it should not be possible
to revise it, for the purpose of correcting a mistake, if this mistake
was not alleged before the second round began.
Legal systems include the notion of certainty, under forms such as
a "statute of limitations", that forbid to revise what has been done,
unless it was alleged in the right time and form, thus establishing
a situation of legal certainty for the parties involved and for
the court.
Patricio Poblete