NEW CNE SLATES 2005 ELECTIONS

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000294

SIPDIS

NSC FOR CBARTON
USCINCSO ALSO FOR POLAD

E.O. 12958: DECL: 09/10/2014
TAGS: PGOV PREL PHUM KDEM VE
SUBJECT: NEW CNE SLATES 2005 ELECTIONS

Classified By: Abelardo A. Arias, Political Counselor, for Reason 1.4(d
)

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Summary
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1. (C) Venezuela's Supreme Court (TSJ) appointed the new
President, vice-president and two new Directors to the
National Electoral Council January 20, even though under the
constitution it is the National Assembly that makes the
appointments. The TSJ named former Director Jorge Rodriguez
to replace Francisco Carrasquero, now a member of the TSJ
himself. Of the five principal council members, four support
President Hugo Chavez. TSJ President Ivan Rincon and CNE
President Rodriguez dismissed criticism about the manner in
which the CNE was named. In his first press conference as
CNE President, Rodriguez announced nine referendums, local
and parochial elections, and elections for National Assembly
deputies slated for April, July and December respectively.
End Summary.

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Introducing...
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2. (U) For the second time in two years, the Supreme Court
(TSJ) usurped the National Assembly's responsibility and
named the Directors of the National Electoral Council (CNE)
January 20. January 21 Director Jorge Rodriguez was sworn in
as the new President, and Director Sobella Mejias, formerly
head of the Civil and Electoral Registry Commission, as
vice-president. Oscar Battaglini was reappointed as a
Director and assigned to preside over the Civil and Electoral
Registry Commission. The two new Directors were Tibisay
Lucena, formerly a CNE alternate, and Oscar Leon Uzcategui, a
lawyer and formerly part of the Electoral Nomination
Committee of the National Assembly. The new Directors
replaced Francisco Carrasquero who was recently appointed to
the Supreme Court and Ezequiel Zamora who resigned in
September 2004. Four of the five Directors, with Mejias the
exception, support President Hugo Chavez. Two opposition
alternates, Miriam Kornblith and Carlos Castillo, were also
replaced.

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Constitutional Criticism and Defense
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3. (U) Prior to the appointments the vice-president of the
Electoral Nomination Committee Santiago Rodriguez and former
constituent assembly member Hermann Escarra (who helped draft
the 1999 Constitution) separately submitted requests to the
Constitutional Chamber of the TSJ asking the judges to
refrain from naming the new Directors. Rodriguez and Escarra
claimed that for the TSJ to designate the Directors again, as
they did in August 2003 when the National Assembly could not
reach the 2/3 majority vote required, violated the
Constitution and "the elemental principal of separation and
independence of public powers." Movement to Socialism
President Felipe Mujica told the press the TSJ's designations
were a confiscation of the Electoral Power and should be
challenged before the legislative elections. Mujica claimed
that National Assembly President Nicolas Maduro (MVR) had
said the topic of the CNE would not be touched until after
the legislative elections (set for December 2005) when the
new Assembly would take on the task of designating the CNE.
Several other opposition party members and deputies also
criticized the appointments as unfair and unconstitutional.


4. (U) TSJ President Ivan Rincon said the court decided to
take on the responsibility that normally belonged to the
National Assembly to "guarantee the working of institutions."
Rincon criticized the disagreements among former Directors
and asserted that the unity of the new management would be a
positive contribution. Rodriguez, as the newly appointed CNE
President, responded publicly to the criticisms saying he
would act independently and listen to both sides. "This
Electoral Power will endeavor to find equilibrium and
transparency, so it seems bad for your health to fight with
the arbitrator," Rodriguez said.

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The Slate for 2005
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5. (U) Rodriguez told the press the Electoral Board (JNE),
which he also heads, was meeting to define an election
calendar for 2005. Although the CNE had not yet approved the
final schedule, Rodriguez said, the 2005 elections should
include nine referendums for opposition deputies and an
election for the Amazonas State governor in the first half of
April, elections for local councils and parochial boards in
July, and the National Assembly elections in the first half
of December. Rodriguez said dates for union elections were
still undecided.


6. (U) Rodriguez also noted that the CNE and National
Identification Office (Onidex) signed an agreement January

24. As head of the Civil and Electoral Registry Commission,
Battaglini committed to present the board with a project
proposal for an automated and updated registry. Rodriguez
also announced a 25 percent pay raise for CNE staff and a new
headquarters for the CNE within the next three months.

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Comment
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7. (C) The newly designated CNE eliminates any pretense of
impartiality in the electoral power. The intention seems to
be to carry forth with 2005's three elections, especially
that of the National Assembly deputies, with a heavily
pro-Chavez CNE. That is not to say that the actual vote
counts will necessarily be fraudulent, but the processes will
be tilted towards the GOV, and the GOV will retain the option
to use fraud. Adding to the weakened opposition's woes,
Battaglini, a Chavista hard-liner, is in charge of
"correcting" the voter registry.
BROWNFIELD