The Electoral Contencious Tribunal has again denied a request by Portoviejo Mayor Javier Pincay to lift the suspension of his political rights. The tribunal warned it will not open new analyses if he submits filings repeating the same demand.
In a new ruling, the judge in the case described the requests Pincay has submitted on this matter as an unfounded repetition. According to the magistrate, insisting on an issue that was already resolved creates an unnecessary procedural burden and undermines the principles of procedural economy, speed, and good faith.
The judge ordered that any future filings submitted by Pincay in the same terms, or with the same procedural purpose, will be added to the file solely for the record. The magistrate also directed Pincay to abide by what was resolved in court orders issued on April 16 and June 9, 2026. As a result, the tribunal will not allow further debate on the request unless new procedural elements emerge that permit modifying the previous decision.
Arguments for political rehabilitation
The warning comes amid an ongoing dispute between the Portoviejo mayor and the tribunal over his compliance with the electoral penalty that suspended his political participation rights. Pincay maintains that he has fully served the sanction imposed in the case and requested that the court declare the penalty expired, lift the suspension, and order his political rehabilitation.
In a petition submitted on July 16, 2026, Pincay asked the tribunal to officially notify the National Electoral Council, known as the CNE, to register his political rehabilitation. He also asked the electoral body to remove all restrictions stemming from the sanction, arguing that the penalty was fully served and his rights should be restored.
Execution of electoral sanctions
The tribunal holds a different position, stating that the suspension of rights was not materially executed during the designated period due to measures adopted by ordinary justice that interfered with the electoral penalty. The sanction against Pincay includes both a fine and a suspension of political participation rights.
According to the tribunal, paying the fine does not on its own mean the suspension has been fulfilled, as both components have distinct legal effects. Consequently, the judge rejected Pincay's request to declare the penalty fulfilled and lift the suspension of his participation rights.
Under the new ruling, any future filings Pincay submits on this matter will be placed in the case file but will not generate new analysis or debate on a demand the tribunal has already resolved. The judge stated that the measure aims to prevent repeated filings on the same procedural issue and refers the mayor to the tribunal's previous decisions.
