Clash of powers…but not as you know it.

With CNE now officially asking the Supreme Tribunal to dismiss challenges over null voting, a whole new kind of "conflicto de poderes" looms.


[Correction: The CNE motion relates specifically to charges that null votes could have altered the result of the election, not to the allegations of vote-buying in the South of the country. I apologize for the mistake.]

The National Electoral Council – CNE – has motioned for the Supreme Tribunal’s Electoral Chamber to dismiss the challenges relating to null votes against the four Southern Venezuela deputies (three from Amazonas State, one indigenous representative from Amazonas and Apure). This sets the stage for perhaps the most visible, sensitive clash between two nominally chavista branches of the state.

CNE argues that under no circumstances can the challenges brought over null votes invalidate the promulgación of these four representatives.

This is a crucial case because, if the Tribunal rules in favor of CNE, it will restore the MUD’s unquestionable 2/3rds supermajority in the National Assembly, which would enable it to change Organic Laws (cough cough TSJlaw cough) or even call a Constituent Assembly.

If TSJ doesn’t follow CNE’s request, it will be the first open rift in many years between two chavista branches of government – and a strong hint that while TSJ may be game to obstruct anything that comes its way, CNE may not be.

Interestinger and interestinger…

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  1. I am more than a little bit shocked. Questions: Is the CNE really challenging the regime on this? Have they all of a sudden grown a conscience? Have they made a political calculation?

  2. They’ve calculated that it’ll be most important to defend the fallacy that the electoral system is “fair, infallible and perrrrrrrrrrfect”, if that lie falls, then ALL the previous elections, those where the corpse was supossed to have “pulverized” the rest of the country into submission, and ALL the actions made from them could be called into question and possibly be rendered null and void. That’s another reason chavismo defends with such ferocity the thesis that april 11 was a coup and that the corpse NEVER resigned his seat, because otherwise, he would end as a butcher that illegally destroyed Venezuela since 14 years ago, massive rollback and instant dismantling of all the involution anyone?

    What could be LESS costly than defend the “best electoral system in the history”? Simple, chavismo thinks it can go on forever with its strategy of “echar pa’ trás” everything that comes off the AN; they plan to basically replace the AN with the TSJ / executive and go with their delaying plan until they can scurry beneath another election again, all while force feeding massive amounts of bullshit into people.

  3. This is about the “null votes” argument, and doesn’t apply for the most important case:

    “Medina indicó que la única impugnación sobre la que el CNE no ha remitido el informe al TSJ es la que se hizo para todo el estado Amazonas (presentada por Nicia Maldonado) y sobre la que la Sala Electoral admitió la medida cautelar que suspendió los efectos de la elección en esa entidad.”

    So nothing has changed.

  4. Um, they are asking TSJ to dismiss the challenges due to null votes. CNE didn’t say anything about Amazonas. I seriously doubt TSJ will allow the opposition to have 2/3, even if they have to run over CNE

  5. Organic laws are changed with 2/3 of legislators present at the time of the vote. The MUD has that. What it may not have is the 2/3 of all legislators necessary to pass a constitutional reform or call a constituent assembly.

  6. CNE needs to reestablish credibility (if any) with the general public, this may be their way seeming as a fair, independent branch. PSUV sacrificed the “perfect” electoral system’s image and needs to undo it IMO.

  7. The TSJ refused to review Henrique Capriles serious and significant fraud charges in the election of Maduro. Now the TSJ, at its own motivation without CNE’s request or permission, denies three opposition deputies their seats in the AN.

    The TSJ has usurped the CNE’s power and the CNE wants it back. CNE head Tibisay Lucena claims that there has never been election fraud and they won’t let the TSJ decide otherwise.

    The AN should send a proclamation to the TSJ simply stating the fraud did not occur. The CNE will concur. Then the AN should quickly re-instate the three deputies and vote on a topic such as food supply that affects the majority of citizens. The next day the Amnesty bill should be passed.


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