Overview

• On July 18 the Federal Court of Río Gallegos declared the electoral ban unconstitutional and maintained Cristina Fernández de Kirchner on Santa Cruz’s voter registry for the October 26 elections.
• Borruto based her ruling on two National Electoral Chamber precedents—the 2022 Zelaya case and a 2016 decision—finding the relevant Penal Code and electoral law articles violate rights to vote, equality and human dignity.
• The decision preserves Kirchner’s active voting rights while confirming her ineligibility for office or candidacy under her six-year sentence in the Vialidad case.
• Claudio Vázquez was on a four-day leave when the exclusion order arrived, enabling substitute Judge Borruto to issue the ruling on the final business day before the winter judicial recess.
• The ruling can be appealed by the case prosecutor and will require a final determination by the National Electoral Chamber on Kirchner’s electoral status.