66. The Carter Center and the OAS, as observers, said that "El Firmazo" developed normally. However, government officials branded as fraudulent the drive, and denied that they had collected enough signatures to hold the referendum17. 67. Considering that a decision of the Constitutional Chamber ruled that "the signatures for the recall must be recorded before the National Electoral Council (CNE), once President Chavez or any elected official meets midterm"18, the obtained signatures were submitted to the CNE on August 20, 200319. 68. On September 12, 2003 by resolution No. 030912-461 the CNE declared inadmissible the petition for a recall referendum against President Hugo Chávez Frías, arguing among other things: 1) the untimeliness of the signatures since they were collected six months and 18 days before the President’s midterm was reached, therefore "signatures to accompany an application with a purpose to which the undersigned has not the right yet, cannot be collected"20; and 2) that the request was not addressed to the CNE and "the text refers to an alleged initiative that the signatories have to convene the referendum themselves, when they only have [such initiative] to activate [the referendum] through the Electoral Body with the ability to summon it” 21. 3. The third collection of signatures: “El Reafirmazo” 69. After the inadmissibility of the petition for a recall referendum "El Firmazo", in September 2003, the CNE approved the legislation to regulate recall referenda processes by establishing various technical conditions to carry out a recall referendum22 and decided to call for a new collection of signatures for a presidential recall referendum, to be held between November 28 and December 1, 200323. 70. Also, [the CNE] issued the Resolution 031027-710 by which it "urged both public sector bodies in any of the territorial political levels of government (national, state and municipal) and private agencies with staff at its service, to refrain from implementing any direct or indirect measure that seeks to influence or prevent the free and peaceful enjoyment of the constitutional right to political participation tangled in each of the procedural stages of the recall referendum, governed by rules to regulate the Processes for Recall Referenda for Terms of Office Mandates of Popularly Elected Positions"24; and Resolution No. 031120-794 through which it dictates the "Guidelines on criteria for the validation of signatures and of the forms to collect signatures for the recall referendum process for terms of office of popularly elected positions"25. 71. In the months prior to the dates set by the CNE for the collection of signatures drive, as reported by various media, some officials suggested that collection of signatures may be fraudulent or threatened those 17 El País, opposition claims victory in the firmazo against http://elpais.com/diario/2003/12/03/internacional/1070406013_850215.html. 18 El Universal, Order to deliver signatures http://www.eluniversal.com/2003/08/14/pol_art_14104AA. after Chavez, 19A, December August 14, 3, 2003, 2003, available available at: at: 19 Súmate Progress Report "The Presidential Recall Referendum", September 7, 2004, page 14, available at: http://infovenezuela.org/democracy/attachments-spanish/T3%20ST03%20N8%20Avance%20Sumate%20RRP1-1.pdf. 20 National Electoral Council Resolution No. 030912-461, at:http://www.cne.gob.ve/web/sala_prensa/noticia_detallada.php?id=1629. 21 National Electoral Council Resolution No. 030912-461, http://www.cne.gob.ve/web/sala_prensa/noticia_detallada.php?id=1629. 22 National Electoral Council, Resolution 030925-465, September 25, 2003. 23 National Electoral Council, Resolution 031015-539, October 15, 2003. September September 12, 12, 2003, 2003, available available at: Annex 1. National Electoral Council Resolution No. 031027-710 of 27 October 2003 (Annex A to the State’s submission within the admissibility process before Commission of January 16, 2008). 24 25 Annex 2. National Electoral Council Resolution No. 031027-710 of 27 October 2003 (Annex A to the State’s submission within the admissibility process before Commission of January 16, 2008). 11

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