Dominican Republic has abolished its open-list system. Or has it?


While attempting to track down records of preferential votes in Dominican Republic congressional elections, I discovered something that will be of interest to many readers of this blog:

By resolution adopted by the Junta Central Electoral in 2010 the preference vote was eliminated. It is particularly interesting in that the resolution states that the electoral law does not specify the “modality of voting” and that the adoption of open lists for the 2002 election was a prior resolution of the JCE. I wonder how many countries using PR systems do not specify in their law what the list type can be.

The resolution gives as a reason for its decision that the preferential vote has been “traumatic” for the party system. It also states that “primaries” within the parties are sufficient.

Thus in the next elections, in May 2016, the DR is supposed to revert to closed-list PR. I can’t name offhand another case that has moved from open lists to closed. Am I forgetting some other case?

However, not so fast! While the Constitutional Tribunal upheld the JCE’s ruling in 2013, congress passed a law reestablishing the preferential vote. However, the president may not have signed it, as there is another news article from 2015 that says that the preference vote is under threat, and accuses the PLD (the president’s party) of wanting closed lists in order to cope with its own internal divisions. Thus, at the moment, I don’t think we can say what the system is going to be as of May.

So far, the DR has held three elections under open lists: 2002, 2006, and 2010; before that, lists were closed. There were no congressional elections in 2014, because they are resynchronizing them with future presidential elections, starting in 2016. In other words, the congress elected in 2010 was elected for a six-year term; this is also very unusual. Not very many countries have ever had six-year terms for their sole or first chamber, although in this case it is just a one-off. Apparently they need all this time to figure out what the electoral system is going to be!

And if anyone can find for me the record of preferential votes for losing as well as winning candidates in 2002 and 2006, I will be grateful. I obtained those from 2010, and I have winners only for the other two years. The JCE’s email address for public information now has “permanent fatal errors”.