Saturday, June 21, 2008

CNE shifts on Russian list: Moves appear to be afoot to take at least some people off the Comptroller General’s controversial list

Caracas Daily Journal (Jeremy Morgan): The National Electoral Council (CNE) appears to have left a back door open to the possibility of undoing at least some of Comptroller General Clodosbaldo Russian's ban on 386 people from standing as candidates at November's regional elections. After CNE president Tibisay Lucena confirmed that the board had voted to abide by Russian's ruling, it emerged that the five directors had struck upon an idea that could be used to remove more than half of the people on his list.

The argument, it appeared, was inelegant but simple. It was the ban had already expired for some of the people on the list. The legal basis of this remained hazy, but CNE Director German Yepez -- who voted to accept the ban -- said about 100 individuals might fall into this category.

Elsewhere, however, it was suggested that rather more people might qualify to be taken off the list, leaving perhaps 110 still on it. The question then was just who those luckless individuals would be, and on what basis.

Legal observers note that Lucena urged the Supreme Justice Tribunal (TSJ) to rule on cases brought by people banned by Russian. In the light of what later emerged, this prompted speculation that the TSJ could become the vehicle for ruling that the ban was no longer in force in some individual cases. If so, the TSJ will have to reach a ruling by August 12, the last day for registering candidates.

The CNE also said political organizations would need time to select candidates in place of those on the Russian list. However, most mainstream opposition parties argue to do so would be to accept an unconstitutional and unjust imposition. The opposition party, Accion Democratica (AD), is already arguing that the opposition should stop fighting the ban, recognize the reality of how things lay, and get on with selecting alternative candidates. CNE Director Vicente Diaz is said to have been the only member of the board to vote against the ban.

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