Appeals court boots Rivera Guerra off ballot

An island appellate court determining Tuesday that the Mayagüez-Aguadilla district lawmaker can’t run under the NPP logo, ruling in favor of the statehood party’s bid to keep him off the ballot.

However, the embattled lawmaker was expected to take his case to island’s Supreme Court as he seeks a third four-year term in the Legislature.

Rivera Guerra was sanctioned by the House in January for alleged irregularities related to utility services and construction permits at his private residences. After the lower chamber voted for a reprimand and a 10-day suspension of per diem payments, Gov. Luis Fortuño, the NPP president, referred Rivera Guerra’s case to the Justice Department and the NPP governing board.

The NPP had turned to the appeals court after an Aguadilla Superior Court judge ruled in favor of Rivera Guerra’s challenge of the party governing board’s decision to not certify him to run under the party’s “palm” logo on the November ballot. The governing board move was in line with the recommendation from a party committee that looked into alleged irregularities regarding utility services and construction permits at Rivera Guerra’s residence in Aguadilla.

“The sum of the issues in this controversy show that [Rivera Guerra’s] actions run counter to the dignity and correctness expected of any public official,” the appeals court found.

In March, a San Juan Superior Court judge ordered the State Elections Commission to certify Rivera Guerra’s candidacy for re-election.

Judge Isidro García Pesquera ruled that the SEC must certify Rivera Guerra’s candidacy because the lawmaker met the agency’s registration requirements. He filed his re-election bid before coming under scrutiny for the utility and permit issues.

However, the lower court said it was not making a decision on whether Rivera Guerra ultimately appears on the ballot.

The SEC quickly complied with the judge’s order, certifying that the lawmaker met the requirements to run.

That move opened the door for the NPP itself to go to court to try to block Rivera Guerra from getting on the ballot. The party did not challenge his first legal bid.