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