Chief Advisor to the President Mehmet Uçum's indication of April 16, 2028, for the presidential elections and his statement that AKP Chairman and President Recep Tayyip Erdoğan could be a candidate again have brought the candidacy debate back to the agenda.
Legal expert Ömer Faruk Eminağaoğlu reacted to Uçum's statement and made a different assessment regarding the election date and candidacy calculation. While criticizing Uçum for giving a "clear date," Eminağaoğlu asked, "Is he speaking on behalf of the President, or has he placed the TBMM under tutelage?"
Stating that an election is not just the day of voting, Eminağaoğlu argued that the election process is a period tied to a calendar, including the start date, voting, and objection stages.
Citing Article 3 of the Presidential Election Law No. 6271, Eminağaoğlu recalled that the relevant provision states, "The first day of the sixty-day period calculated backward from the voting day is the start date of the election."
Performing this calculation based on the May 14, 2023, election, Eminağaoğlu noted that Erdoğan would not be able to be a candidate in an election calendar starting on or after March 14, 2028. Eminağaoğlu argued that this assessment would not change even if the TBMM were to decide to renew the election.
Eminağaoğlu stated that the final decision would be determined by the practice of the Supreme Election Council (YSK) during the election process, adding that it remains to be seen whether the YSK will base its decision on the legal provision or make a different assessment with a "election equals voting day" approach.
Eminağaoğlu's assessment is as follows:
"Mehmet Uçum gave a clear date for the election, saying April 16, 2028. Is Mehmet Uçum speaking on behalf of the President, or has he placed the TBMM under tutelage... Should one say Mehmet Uçum has flown too high... The concepts of election and voting are different concepts... Although the terms voting and election are used synonymously in some places in the legislation, an election means a period tied to a calendar that begins with a start date and ends with voting and objections.
"The last sentence of Article 3/3 of the Presidential Election Law No. 6271 contains the provision: 'The first day of the sixty-day period calculated backward from the voting day is the start date of the election.' Accordingly, considering the date of May 14, 2023, Erdoğan cannot be a candidate in an election on or after March 14. This is the case even if the TBMM decides to renew the election! We will all see together whether the YSK will observe this legal provision in this election, or whether it will open the doors for Erdoğan with a new decision saying 'election equals voting day'!"
News Source: 12punto
