US embassy cable - 05CARACAS294

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