Analysis
The electoral system of Venezuela, administered under the 1999 Constitution as one of the five branches of government, is controversial. The Supreme Tribunal of Justice, with the majority supporting Chávez, elected officials to the supposedly non-partisan National Electoral Council of Venezuela (CNE) despite the 1999 Constitution stating for the National Assembly of Venezuela to perform the task. That resulted with the CNE board having a majority consisting of Chavistas or those that supported Chávez. Since then, the Venezuelan government controlled by the PSUV ruling party manipulated elections, holding control of the CNE, the media and through government spending.
According to the United States Department of State, there is "widespread pre- and post-election fraud, including electoral irregularities, government interference, and manipulation of voters" and "opposition political parties [have] operated in a restrictive atmosphere characterized by intimidation, the threat of prosecution or administrative sanction on questionable charges, and restricted media access". International observers have had difficulties monitoring the elections, though the Bolivarian government accepts the praise of their elections from UNASUR allies.
Several different criticisms of the Venezuelan electoral system were made. In 2005, it was alleged that the Supreme Tribunal of Justice, with a pro-Chávez majority, appointed officials to the Venezuelan National Electoral Council despite the 1999 Constitution stipulating that this task was to be performed by the National Assembly. As a result, the CNE's board of directors was composed predominantly of individuals aligned with Chavismo. Since then, the Venezuelan government, controlled by the ruling PSUV, has manipulated elections by maintaining control over the CNE, utilizing media outlets, and leveraging government spending. According to the United States Department of State, there was "widespread pre- and post-election fraud, including electoral irregularities, government interference, and voter manipulation," and "opposition political parties operate in a restrictive atmosphere characterized by intimidation, threats of prosecution or administrative sanctions on questionable charges, and restricted media access." International observers had difficulties monitoring the elections.
On June 12, 2020, the Supreme Tribunal of Justice appointed CNE rectors after the controversial ruling of legislative omission by the opposition-majority Parliament, which, according to the Constitution of Venezuela, is responsible for selecting the electoral body directors. This was agreed upon between Nicolás Maduro's government and the interim government of Juan Guaidó. The TSJ's decision has been criticized by the opposition and international observers, as it violates the separation of powers and undermines democracy in the country. Additionally, it adds to a series of actions taken by Maduro's government seen as attempts to consolidate its control over the Venezuelan state apparatus and suppress the opposition.
While the Constitution of the Bolivarian Republic of Venezuela authorizes the Supreme Tribunal of Justice to appoint members of the Electoral Body when the National Assembly fails to reach a minimum percentage of deputies, beyond the composition of the electoral body, the organization of the electoral act and the formation of polling stations ensure the invulnerability of the vote as they are composed of randomly selected community members, witnesses, and political party representatives. The electoral act is entirely electronic, consisting of the following steps:
The voter enables the vote with their fingerprint, ensuring one voter, one vote.
The voter makes their selection on the machine's touchscreen.
The voting machine prints a receipt, which the voter verifies and deposits in the ballot box.
At the close of the electoral act, results are totaled, transmitted by each machine, and the corresponding minutes are printed.
90% of the ballot boxes are audited in the presence of the community.
Copies of the minutes are given to the representatives of the political parties present, who transmit them to their own computing centers.
As observed, both voters and participating political organizations can verify the voter's intention multiple times during the electoral act, making the electoral results difficult to tamper with.
