Confusion over Candidates' Eligibility

Caracas Daily Journal (Vincent Bevins): Confusion about the status of approximately 400 persons who are supposedly ineligible to run for election this year continues as CNE president Tibisay Lucena modified statements made by her colleague Vicente Díaz.

She said that the decision was absolutely not in the hands of the CNE (The National Electoral Council), that the CNE had no power to decide on the political eligibility of any Venezuelan, and that they were obliged to do exactly as the law, and the courts decided.

That is, that regardless of their opinion on the matter, it seems that members of the list submitted by Comptroller General Clodosbaldo Russián are rendered ineligible, with the right to appeal to the supreme court.

"So then, we are going continue complying with the law, just like always, with what is in the constitution, and what the Supreme Court decides, which in the case is in favor of the position of the Comptroller General.

Russián inspired sharp reactions from both the parties of the members of the list and CNE rector Diáz this week when he announced that in his opinion, those 400 (or 369, depending whom you ask) who had "caused harm to public resources" couldn't run for election. That list included Leopóldo López, mayor of Chacao, and Enrique Mendoza.

Diáz responded by saying that Russián had overstepped his constitutional bounds, that no Comptroller can suspend one's constitutional political rights to run for office. He also said,
however, that the CNE should make their own decisions in this matter.

His boss offered a further rectification Wednesday, while refusing to comment on if Russián had overstepped his bounds. She wanted to make clear, however, that the courts decide that, not the Electoral Power.

"All those people who feel their rights have been violated have all the constitutional and legal rights to appeal those decisions. But now, they can't appeal to the National Electoral Council. They should appeal to the Supreme Court."

The list Russián submitted to the CNE this week did not come as a surprise, however. All of the people had already received sanctions from his office which had appeared in the Official Gazette. What is at issue now is if his decisions are legally binding.

Opposition party Un Nuevo Tiempo has declared it will fight the injunction in the streets and in the courts. "If necessary, we will march on the Supreme Court," said Enrique Martínez, party
representative.

Meanwhile, another CNE rector chimed in, Germán Yepez, claiming that the decision of the Comptroller General all was indeed binding for the CNE. "It obligates the entities to comply with the sanction."

If there is this much disagreement within the CNE itself, then it probably should go to the Supreme Court.