Supreme Court dismisses case against Jorge Macri’s candidacy

A leftist candidate presented a legal challenge to stop him from running

The Supreme Court ruled that it would not decide whether PRO Jorge Macri can run for Buenos Aires city mayor, dismissing legal challenges presented against his candidacy which contended that he did not meet the city’s residency requirements to run. The former president’s cousin is set to run in the upcoming PASO primary elections for opposition coalition Juntos por el Cambio (JxC).

Jorge Macri, cousin of former President Mauricio Macri, was mayor of Buenos Aires province district Vicente López between 2011 and 2021. Following that, he joined the current BA city administration as a government minister. He has the backing of incumbent Buenos Aires Mayor Horacio Rodríguez Larreta, and was cleared to run by the city’s electoral court earlier this month.

According to the Supreme Court, it can’t decide on this matter because it’s outside its jurisdiction and should not intervene since the relevant court already made a decision on the matter. The ruling echoed arguments made by Attorney General Eduardo Casal four days ago.

Macri’s candidacy had already faced three legal challenges presented before the city’s electoral court by fellow mayoral candidates Eugenio ‘Nito’ Artaza, Juan Pablo Chiesa (both from Unión por la Patria) and Vanina Biasi (Frente de Izquierda). They contended that his candidacy violated article 97 of the Buenos Aires city constitution, which states that in order to be elected, among other things, the candidate must “have a routine and permanent residence in the city no less than five years prior to the election date.”

Biasi’s legal challenge contends that Macri being re-elected as Vicente López mayor in 2019 makes it impossible for him to affirm he has been a BA city’s resident for the past five years. After the city’s electoral court ruled that he did meet the requirements, Biasi presented her legal challenge before the Supreme Court, which ultimately dismissed it.

“This matter is outside the jurisdiction stated in article 117 of the National Constitution, even more so taking into account that the document presented […] is being treated in a process substantially analogue to this one before before Buenos Aires city’s electoral court,” the Supreme Court stated in the ruling’s document.

Jorge Macri's candidacy by Martina Jaureguy

The article 117 of the National Constitution says that all matters concerning the provinces are in the Supreme Court’s jurisdiction.

On May 9, the Supreme Court decided to suspend the elections that were set to happen in San Juan and Tucumán provinces five days later due to legal challenges against their candidacies. 

The governors of both provinces, Sergio Uñac (San Juan) and Juan Luis Manzur (Tucumán) are currently in office and planned on running on May 14 for the ruling coalition UxP. Uñac was attempting to run for a third term as governor and Manzur for vice governor, following two stints in that role prior to becoming governor in 2015. The Court lifted the Tucumán suspension after Manzur withdrew and declared Uñac as ineligible — he was replaced by his brother, Rubén, for the governor elections that ultimately happened on July 2.

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