The National Electoral Council (Spanish: Consejo Nacional Electoral, CNE) is the head of one of the five branches of government of Venezuela under its 1999 constitution. It is the institution that has the responsibility of overseeing and guaranteeing the transparency of all elections and referendums in Venezuela at the local, regional, and national levels. The creation of the CNE was ratified in Venezuela's 1999 constitutional referendum. Following the election of Nicolás Maduro into the presidency, the CNE has been described, by the president's opponents, as being pro-Maduro.[2][3][4][5]
The CNE was preceded by the Supreme Electoral Council (CSE), which was established under an electoral law on September 11, 1936.[6] This entity was replaced by the CNE in 1997 with the passage of a new Organic Law of Suffrage and Participation.[7]
The National Electoral Council (CNE) is composed of five persons; three of them nominated by civil society, one by the faculties of law and political science at national universities, and one by the Citizen Power. The three members nominated by civil society shall have six alternates in ordinal sequence, and each appointed by the universities and the Citizen Power has two alternates, respectively. Members of the National Electoral Council last seven years in office and be elected separately: the three nominated by civil society at the beginning of each period of the National Assembly, and the other two in the middle of it. Members of the National Electoral Council shall be appointed by the National Assembly with the vote of two thirds of its members. Members of the National Electoral Council will designate from among its members its president, in accordance with the law. (Article 296, Constitution of the Bolivarian Republic of Venezuela).
As of March2016[update], four of the CNE rectors were the same as those of 2010, except that Vicente Díaz had been replaced by Luis Emilio Rondón González[es].[9]
The electoral system of Venezuela is controversial. The Supreme Tribunal of Justice, with the majority supporting Chávez, elected officials to the supposedly non-partisan National Electoral Council of Venezuela (CNE) despite the 1999 Constitution stating for the National Assembly of Venezuela to perform the task.[15] That resulted with the CNE board having a majority consisting of Chavistas or those that supported Chávez.[15] Since then, the Venezuelan government controlled by the PSUV ruling party has manipulated elections, holding control of the CNE, the media and through government spending.[16][bettersourceneeded]
According to the United States Department of State, there is "widespread pre- and post-election fraud, including electoral irregularities, government interference, and manipulation of voters" and "opposition political parties [have] operated in a restrictive atmosphere characterized by intimidation, the threat of prosecution or administrative sanction on questionable charges, and restricted media access".[16][bettersourceneeded] International observers have had difficulties monitoring the elections, though the Bolivarian government accepts the praise of their elections from UNASUR allies.[16][bettersourceneeded]
The Venezuelan electoral system has been questioned on numerous occasions. In 2005, it was alleged that the Supreme Tribunal of Justice, with a pro-Chávez majority, appointed officials to the Venezuelan National Electoral Council despite the 1999 Constitution stipulating that this task was to be performed by the National Assembly.[17] As a result, the CNE's board of directors was composed predominantly of individuals aligned with Chavismo.[17] Since then, the Venezuelan government, controlled by the ruling PSUV, has manipulated elections by maintaining control over the CNE, utilizing media outlets, and leveraging government spending.[18] Meanwhile, according to the United States Department of State, there is "widespread pre- and post-election fraud, including electoral irregularities, government interference, and voter manipulation," and "opposition political parties operate in a restrictive atmosphere characterized by intimidation, threats of prosecution or administrative sanctions on questionable charges, and restricted media access." International observers have had difficulties monitoring the elections.[18]
On June 12, 2020, the Supreme Tribunal of Justice appointed CNE rectors after the controversial ruling of legislative omission by the opposition-majority Parliament, which, according to the Constitution of Venezuela, is responsible for selecting the electoral body directors. This was agreed upon between Nicolás Maduro's government and the interim government of Juan Guaidó.[19] The TSJ's decision has been criticized by the opposition and international observers, as it violates the separation of powers and undermines democracy in the country.[19] Additionally, it adds to a series of actions taken by Maduro's government seen as attempts to consolidate its control over the Venezuelan state apparatus and suppress the opposition.[19]
While the Constitution of the Bolivarian Republic of Venezuela authorizes the Supreme Tribunal of Justice to appoint members of the Electoral Body when the National Assembly fails to reach a minimum percentage of deputies, beyond the composition of the electoral body, the organization of the electoral act and the formation of polling stations ensure the invulnerability of the vote as they are composed of randomly selected community members, witnesses, and political party representatives. The electoral act is entirely electronic, consisting of the following steps:
The voter enables the vote with their fingerprint, ensuring one voter, one vote.
The voter makes their selection on the machine's touchscreen.
The voting machine prints a receipt, which the voter verifies and deposits in the ballot box.
At the close of the electoral act, results are totaled, transmitted by each machine, and the corresponding minutes are printed.
90% of the ballot boxes are audited in the presence of the community.
Copies of the minutes are given to the representatives of the political parties present, who transmit them to their own computing centers.
As observed, both voters and participating political organizations can verify the voter's intention multiple times during the electoral act, making the electoral results difficult to tamper with.[20][21]
Supreme Tribunal of Justice Intervention in 2020
On June 5, 2020, the Supreme Tribunal of Justice of Venezuela (TSJ) declared the constitutional omission of the National Assembly of Venezuela and empowered itself to appoint the rectors of the National Electoral Council.[22] On June 11, 2020, the IV legislature of the National Assembly of Venezuela did not recognize the TSJ's decision and decided to continue the process of nominating candidates for CNE rectors, which was halted during the months of the coronavirus pandemic.[23]
Despite the lack of precedent or legal basis in the Venezuelan Constitution for TSJ intervention, on June 13, 2020, it appointed the new electoral directors based on the ruling declaring the legislative omission.[24][25]
Smartmatic and the Constituent Election
Smartmatic, the company responsible for providing the electronic voting system in Venezuela, publicly denounced "data manipulation" during the elections for the Constituent Assembly. This denunciation was made at a press conference in London by the company's CEO, Antonio Mugica, who pointed out a discrepancy of at least one million votes between the official figures and those recorded by their system in August 2017. The National Electoral Council (CNE) of Venezuela, in turn, rejected these accusations, defending the official participation figure of 41.53%, equivalent to 8 million voters. CNE President Tibisay Lucena described Mugica's statements as "irresponsible" and "baseless".[26][27]
It is relevant to note that Smartmatic has been the provider of voting technology in Venezuela since 2004. However, the firm emphasized that, unlike previous elections, this time (2017), there were no opposition auditors present, who are considered essential as process witnesses. The absence of these auditors was due to the opposition's decision not to participate in these elections. Given the situation, several countries announced that they would not recognize the election results. The Venezuelan opposition had previously estimated a participation rate of 12.4% of the electoral roll, translating to about 2.4 million voters.[28]
After Smartmatic's denunciation, opposition leader Julio Borges stated that the company's declarations confirmed the opposition's previous allegations and described the situation as a "global earthquake." On the other hand, Antonio Mugica asserted that Smartmatic had irrefutable evidence of the manipulation of participation data.[28] Despite Smartmatic's significant contributions to various elections in Venezuela and other countries, the company has not been free from controversy. In the past, it was accused of having ties with the late Venezuelan President Hugo Chávez. However, with its international growth, the firm appears to have prioritized its credibility and reputation over any previous relationship with the Venezuelan government.[28]
ExClé C.A
The company ExClé C.A, a subsidiary of the Argentine company Ex-Clé S.A, was contracted after Smartmatic's withdrawal by Dr. Rafael Simón Jiménez, who was a CNE rector, to acquire voting machines in 2020. ExClé C.A was sanctioned by the Office of Foreign Assets Control (OFAC) of the U.S. Department of State on December 18, 2020, after the 2020 Venezuelan parliamentary election.[29][30]
Parliamentary Elections in Venezuela
This section needs to be updated. Please help update this article to reflect recent events or newly available information.(August 2024)
On Sunday, December 6, Venezuela will hold its parliamentary elections. These elections, called by the Nicolás Maduro government and widely boycotted by the opposition, have raised concerns and controversy over their legitimacy.[31] Maduro, who controls the country's judicial system and electoral bodies, is determined to reclaim the National Assembly in 2021. If successful, this would further consolidate his government's power and weaken the opposition, led by Juan Guaidó. Guaidó, recognized by many as Venezuela's interim president, would see his term as a deputy officially end on January 4, 2021.[31]
Several recent events have highlighted concerns about the upcoming electoral process's legitimacy. For instance, a new National Electoral Council was elected without National Assembly approval. Additionally, there have been judicial interventions in political parties and an illegal increase in the number of parliamentarians.[31] The outcome of these elections and how they are perceived internationally could have significant implications for Venezuelan politics and international relations in the coming years. Some countries, like Brazil and members of the Lima Group, have already indicated that they will not recognize the results if deemed fraudulent. On the other hand, the position of Guaidó and his international recognition could also be affected depending on the outcome and perception of these elections.[31]
The Supreme Justice Tribunal is the highest court of law in the Bolivarian Republic of Venezuela and is the head of the judicial branch. As the independence of the Venezuelan judiciary under the regime of Nicolás Maduro is questioned, there have recently been many disputes as to whether this court is legitimate.
Tibisay Lucena Ramírez was a Venezuelan politician, president of the National Electoral Council (CNE) between 2006 and 2020, one of the five branches of government of Venezuela. Since 2017, Lucena was sanctioned by several countries for her role in undermining democracy and human rights in the country.
Presidential elections were held in Venezuela on 20 May 2018, with incumbent Nicolás Maduro being declared re-elected for a second six-year term. The original electoral date was scheduled for December 2018 but was subsequently pulled ahead to 22 April before being pushed back to 20 May. Some analysts described the poll as a sham election, as many prominent opposition parties had been barred from participating in it. The elections had the lowest voter turnout in Venezuela's democratic era.
Regional elections were held in Venezuela on 15 October 2017 to elect the executive position of all 23 federal entities. This marked the first state executive election not held on the same date as elections for state legislatures, and the second separate from municipal elections. They were the 9th regional elections held in Venezuela since 1989.
On 29 March 2017, the Supreme Tribunal of Justice (TSJ) of Venezuela took over legislative powers of the National Assembly. The Tribunal, mainly supporters of President Nicolás Maduro, also restricted the immunity granted to the Assembly's members, who mostly belonged to the opposition.
Constituent Assembly elections were held in Venezuela on 30 July 2017 to elect the members of the 2017 Constituent National Assembly. Unlike the 1999 Constituent National Assembly, which was assembled following a referendum, the 2017 election was convened by the presidential decree of President Nicolás Maduro. Smartmatic, the company which provided the voting machines, stated that the results were tampered with by the CNE, and that the turnout was off by at least one million votes.
A referendum was held in Venezuela on 16 July 2017. The referendum was called by the National Assembly in response to the constitutional crisis and President Nicolás Maduro's plans for a Constituent Assembly. The referendum was an act of civil disobedience in the context of the application of Articles 333 and 350 of the Venezuelan constitution, with the articles calling for Venezuelans to "disown any regime ... that violates democratic values", especially since the National Electoral Council and the Supreme Tribunal of Justice were not recognized in the referendum. The opposition Democratic Unity Roundtable (MUD) announced that there would be 2,030 areas for the popular consultation nationwide to serve more than 19 million voters.
The Lima Group is a multilateral body that was established following the Lima Declaration on 8 August 2017 in the Peruvian capital of Lima, where representatives of 12 countries met in order to establish a peaceful exit to the ongoing crisis in Venezuela.
Parliamentary elections were held in Venezuela on 6 December 2020. Aside from the 167 deputies of the National Assembly who are eligible to be re-elected, the new National Electoral Council president announced that the assembly would increase by 110 seats, for a total of 277 deputies to be elected.
The 2013 Venezuelan political crisis refers to the events that occurred after the presidential elections of the same year, mostly protests in response of the electoral result in which Nicolás Maduro of the Great Patriotic Pole (GPP) was elected as President of Venezuela.
The Venezuelan presidential crisis was a political crisis concerning the leadership and the legitimate president of Venezuela between 2019 and 2023, with the nation and the world divided in support for Nicolás Maduro or Juan Guaidó.
During the Venezuelan presidential crisis concerning the legitimate President of Venezuela, reactions and responses to the crisis were greatly divided.
Presidential elections were held in Venezuela on 28 July 2024 to choose a president for a six-year term beginning on 10 January 2025. The election has been politically contentious, with international monitors calling it neither free nor fair, citing the incumbent Maduro administration having controlled most institutions and repressed the political opposition before and during the election.
Indira Maira Alfonzo Izaguirre is a Venezuelan judge who until May 2020 served as the first vice president of the Supreme Tribunal of Justice of Venezuela (TSJ) and as president of the Electoral Chamber. In June 2020, she sworn in as chief rector and president of the National Electoral Council (CNE) by the TSJ, to organize 2020 Venezuelan parliamentary election. Her position in the CNE is contested by the National Assembly, organism in charge of selecting the CNE members, but the parliament was deemed in “unconstitutional omission” by the TSJ.
The Democratic Unitary Platform, or just the Unitary Platform, is a Venezuelan opposition political alliance made up of civil society, trade unions, retired military personnel, political parties, and deputies of the 2016–2021 National Assembly.
Regional and municipal elections were held in Venezuela on 21 November 2021. In the elections, all executive and legislative positions of the 23 federal entities, as well as that of the 335 municipalities of the country, were renewed.
Several interventions of political parties in Venezuela have occurred during Nicolás Maduro's government. The interventions are mandated by the pro-government Venezuelan Supreme Tribunal of Justice. During these interventions, the leadership or most of the political party members end up suspended, expelled or replaced by members appointed by the TSJ.
Venezuelan opposition to the Chavista governments of former President Hugo Chávez and current President Nicolás Maduro, commonly referred to as the Venezuelan opposition, or sometimes, anti-Chavismo, is a political umbrella term used to describe political, social and religious movements that have opposed Chavismo, and the associated Bolivarian Revolution political process since 2 February 1999.
The 2024 Venezuelan political crisis refers to the ongoing crisis in Venezuela that was aggravated after the 2024 Venezuelan presidential election results were announced. The 2024 election was held to choose a president for a six-year term beginning on 10 January 2025. Incumbent Nicolás Maduro ran for a third consecutive term, while former diplomat Edmundo González Urrutia represented the Unitary Platform, the main opposition political alliance, after the Venezuelan government barred leading candidate María Corina Machado from participating.
Aime Clarisa Nogal Méndez or Aime Nogal, officially Acme Clarisa Nogal Méndez, is a Venezuelan lawyer and politician who specialises in electoral processes. Nogal was a leader of Un Nuevo Tiempo. Nogal became one of the five rectors of the National Electoral Council (CNE) in August 2023. She was born in Caracas in 1978 or 1979 (age 45–46).
1 2 Hawkins, Kirk A. (2010). Venezuela's Chavismo and populism in comparative perspective (1. publ.ed.). New York: Cambridge University Press. ISBN9780521765039.
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