Following today’s surprise announcement by presidential candidate Johny Araya to withdraw from the elections campaign, and since resignation of a presidential candidate is not permitted, the question being asked is, what happens if he were to be elected?
Under Costa Rica’s political constitution a presidential candidate, and vice-presidents, cannot resign once the election process has commenced. Thus, despite Araya’s withdrawl – not resignation – he is still a presidential candidate and people will still have the option to vote for him come election day.
And he could even be elected!
So, what happens in that case?
The president of the Tribunal Supremo de Elecciones (TSE) – the supreme power over elections – Luis Antonio Sobrado explained that if Araya should be elected president, he then would have the option to “resign” as president. The operative word here is “option”.
He is not obligated to resign. There is noprecedent that says, hey you threw in the towel, now WTF? He, Araya, could assume the presidency, after all it would all legal and with the support of the people (voters). And that is why, Luis Guillermo Solís, was wise to say, “the election is still on” and telling his supporters that he will not stop and nor should they.
So, in the event Araya is voted in and “opts” to resign, as Sobrado explained, the line of succession is that the first vice-president is then president. If the first VP resigns, then the duty falls on the second vice-president. And if the second VP should resign, then it will be up to the President of the Legislature to act as President of the Republic for the four year term.
Being the political devil’s advocate, remember, that Araya said he was withdrawing from the elections, but in no way did we hear from either of the two vice-presidents, Jorge Pattoni Sáenz and Silvia Lara Povedano, in this campaign also calling it quits.
This – the above scenario – has never happened. It is all new. The law is on the books, but it has never been tested. Today, with technology of being able to keep in constant communications, the succession of temporary powers while the president is out of the country does not take place anymore since the Arias (2006-2010) administration.
What is expected to happen on election day, Sunday, April 6, is that Luis Guillermo Solís will get the majority of the votes, becoming the new president.
But…
