The body ruled that because Haiti currently has no functioning parliament, it would allow the former ministers to file if they provide a favorable report from the government's accounting office stating they had not misused state funds. The decision immediately set off protests.
On Monday, the CEP's eight sitting members reiterated their position . Earlier in the day, Alexis presented reporters with copies of a 2009 letter he submitted to parliament seeking the constitutionally required clearance to run.
``Nobody can use this aspect of the discharge as an obstacle,'' said Alexis, who was sacked in 2008 by the Haitian senators following food riots. But even if he manages to qualify on the discharge issue, Alexis risks possible disqualification due to his party, Mobilization for the Progress of Haiti.
MPH was founded by Samir Mourra, a Haitian American, who has opposed every administration Alexis served in and who was barred from running for president in 2006 because he held U.S. citizenship. Observers point out that Haitian law forbids non-Haitian citizens from practicing politics in the country.
``He's committing political suicide,'' Fatton said of Alexis.``It looks like a desperate attempt to get into the race.''
Alexis defended his choice of MPH, saying, ``If they say I'm not eligible, that's because they are scared of me.''
Alexis conceded that his chances of rising to the presidency would be greater if he were indeed INITE's candidate. But he added that he enjoys more freedom now.
``Jacques-Edouard Alexis doesn't negotiate. Jacques-Edouard Alexis is not flexible, Jacques-Edouard Alexis is too rigid. If they say this in a good sense, it's a compliment,'' he said.
Aside from Alexis, the CEP also holds the fate of several other high-profile candidates as it determines whether they meet the residency requirement. Among them are sometime-South Florida residents Jean, konpa star Michel ``Sweet Micky'' Martelly and Miami activist Lavarice Gaudin. All have pointed to their Haitian passports as proof they do not hold dual nationality. But their possession of a U.S. green card also raises legal questions about whether they meet the requirement of consecutive five years of residency in Haiti.
The five-year requirement has always been interpreted to mean five years of residency prior to election. ``Legally, you cannot reside in both countries. Legally, they cannot compete,'' Fatton said. ``They have to make up their minds: Are we going to be legalistic and eliminate seven to eight candidates, or be political?
``This is a real mess,'' he said. ``It's difficult to know what will happen until we have the official list of candidates.''