The Electoral Chamber of the Supreme Court of Justice, in a joint statement, decided on Thursday that the National Electoral Council can establish the opportunity for the execution of the phase of substitution and modification of nominations, provided that it does not exceed the temporary maximum limit of ten days before the occurrence of the electoral act, taking into account the particularities and technical requirements of the commission process in question.
In judgment 165, the TSJ Chamber declared itself competent to hear the appeal for interpretation of Article 63 of the Organic Law on Electoral Proceedings, filed by citizen Omar Avila Hernández, who acted as General Secretary of Unidad Vision Venezuela, which regulates the right of organizations for political purposes to replace or modify candidates’ applications in an electoral process.
In the ruling, the Electoral Chamber explained: «Consequently, the National Electoral Council prepared the reprogramming of the electoral timetable with a voting act for October 15, 2017, which was published on its official website.
From this schedule it is observed that the National Electoral Council established the phase of «Replacement and Modification of Nominal Applications» for the term of one day (August 16, 2017), establishing as basis articles 62 and 63 of the Organic Law of Electoral Processes, and 162 of its Regulations.
Prior to this decision, the Constitutional Chamber, with a presentation by Judge Juan José Mendoza Jover, declared itself incompetent to hear the aforementioned remedy of interpretation and declined its knowledge in the Electoral Chamber because the requested interpretation refers to the modification of the nominations submitted by political organizations, a matter related to said Chamber.
