Computerized Election Results With No Election
_Sharp'r_ writes "In Honduras, according to breaking Catalan newspaper reports (translations available, USA Today mention), authorities have seized 45 computers containing certified election results for a constitutional election that never happened. The election had been scheduled for June 28, but on that day the president, Manuel Zelaya, was ousted. The 'certified' and detailed electronic records of the non-existent election show Zelaya's side having won overwhelmingly."
They did exactly what their constitution called for and removed him from office after their Supreme Court decided he had violated their constitution. That should have been the end of the story but everyone wants to call it a coup which it wasn't. The leader of his own party called for his ouster.
This was different from what one normally thinks of as a junta. I don't know if the Honduran constitution has a mechanism to remove a sitting president from office, but it was pretty clear that he was absolutely on his own. His own party told him to back off, and that they didn't support the referendum. As was reported by the media, the legislature had passed a law banning referenda within the 180 days prior to an election. The Supreme Court ruled the pending referendum illegal, and issued an injunction preventing the military from making preparations for it. The military was clearly ready to comply with the Supreme Court, but Zelaya was pushing ahead with the referendum anyway, and fired the head of the military. This action was reversed by the Supreme Court the next day. The attorney general issued an arrest warrant for Zelaya, and the day after, the Supreme Court ordered Zelaya's arrest; whether or not that is constitutional, I don't know. Wikipedia's article on the matter suggests that by even trying to hold the referendum, the constitution required that he was to be removed from office.
Presumably, much of this could have been handled better, particularly the removal of Zelaya from the country. But Zelaya seemed to be intent on doing things in a way that is at best gray; that the original ballots were taken possession of by Zelaya and his backers, and would be issued and counted by the same, shows that he had no intentions of having a fair election. If these election computers can be absolutely tied to him, it will at least complicate negotiations for his return.
You can never go home again... but I guess you can shop there.
Whoever violates this law or proposes its reform, as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years.
He proposed its reform, which means there WAS a basis for removing him.
Yes he did. If you read their constitution, you'll see that there's a section that cannot be changed or amended about the president serving only one term (too many dictator presidents clinging to power) and that it's even illegal for a government official to talk about changing it. According to the constitution, that person would lose his position and be barred from the government altogether for a period of 10 years.
Therefore, he did break the constitution and the moment he did so, wasn't president anymore.
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