Electoral Power

The Electoral Power ("Poder Electoral") is one of the five independent Public Powers established in the Venezuelan Constitution of 1999 ("Constitución venezolana de 1999") (art. 292-298). It is the body responsible for the organization, administration, supervision, and transparency of all public interest electoral processes in the country. Its structure, functioning, and responsibilities are regulated by the Organic Law of the Electoral Power ("Ley Orgánica del Poder Electoral" - LOPEL).

 

Duties of the Electoral Power

The Electoral Power has the duty to guarantee the principles of equality, reliability, impartiality, transparency, and efficiency in electoral processes, in addition to applying the personalization of suffrage and proportional representation (art. 293 of the Constitution of 1999 and art. 2 of the LOPEL). It must also adhere to principles such as organic independence, functional and budgetary autonomy, depoliticization of electoral bodies, and citizen participation (art. 294 of the Constitution of 1999).

 

Functions of the Electoral Power

According to Article 293 of the Constitution of 1999, the main functions of the Electoral Power include:

• Regulating electoral laws and resolving doubts and gaps within them.
• Formulating and administering its budget autonomously.
• Issuing directives on political-electoral financing and advertising.
• Sanctioning non-compliance with its directives.
• Supervising the Civil and Electoral Registry.
• Organizing and registering political parties.
• Controlling and regulating political party funding.
• Administering and overseeing elections for popular representation positions.
• Managing national, state, or municipal referendums.
• Organizing other public interest electoral processes.
• Additional functions determined by law, such as:
  • Calling elections and referendums (art. 33 LOPEL).
  • Determining constituencies and electoral tables (art. 33 LOPEL).
  • Assisting in the investigation of electoral crimes (art. 33 LOPEL).
  • Conducting informational campaigns (art. 33 LOPEL).
  • Totalling, awarding, and proclaiming electoral results (art. 33 LOPEL).
  • Accrediting witnesses and observers (art. 33 LOPEL).
  • Declaring the nullity of elections if appropriate (art. 33 LOPEL).
  • Resolving electoral complaints and claims (art. 33 LOPEL).

 

Types of Elections Organized by the Electoral Power:

The Electoral Power organizes various electoral processes according to the Constitution of 1999 (art. 293):

• Presidential Elections: President of the Republic.
• National Parliamentary Elections: Deputies to the National Assembly.
• Regional Elections: Governors and State Legislators.
• Municipal Elections: Mayors and Municipal Councilors.
• Referendums and Popular Consultations: Matters of special significance, amendments, constitutional reforms, recall of mandates, and repeal of decrees.
• Internal Elections: Trade unions, professional associations, political parties, and private organizations when required.