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JNE Rules Ex-Mayors Elected as First Regidores Cannot Succeed to Mayoralty

The decision rests on the Constitution's ban on immediate re-election and has led the JNE to order corrections while auditing hundreds of proclamation acts.

Overview

  • The JNE formalized Resolution N.º 4557-2026-JNE on Friday to say that ex-mayors who win as first regidores are barred from assuming the mayoralty by succession.
  • A technical review found about 20 winning lists nationwide with ex-mayors in the first-regidor slot and the JNE has already corrected six of those lists.
  • The JNE is auditing roughly 400 proclamation acts issued by local Special Electoral Juries and is preparing a second resolution to resolve about 1,000 additional related cases.
  • Under the JNE's reading, a vacancy is filled by the next 'habilitated' regidor in list order because a former mayor loses the legal habilitation to succeed, a rule that led one JEE to leave the San Juan de Lurigancho mayoralty vacant pending review.
  • The ruling seeks to protect voters' list choices while enforcing constitutional supremacy, and it could prompt further administrative corrections and legal challenges as authorities apply the new criterion.