The laws that Seniat would have violated due to electoral propaganda

• According to several legal regulations, public administration officials cannot disseminate messages intended to promote any candidate.

The campaign The presidential election campaign formally began on July 4 with a pair of demonstrations in Caracas led by President Nicolás Maduro, who is seeking reelection, and the standard-bearer of the largest opposition coalition – the Democratic Unitary Platform (PUD) – Edmundo González Urrutia.

Venezuelan laws establish the parameters that must be followed with respect to electoral propaganda in the days before the elections. The media, public officials and government entities must adhere to these rules.

The National Integrated Customs and Tax Administration Service (Seniat) violated several laws by publishing three messages on the official X account (formerly Twitter) that showed support for Maduro’s campaign.

Seniat’s publications are accompanied by images showing employees of the institution participating in the pro-government mobilization in Caracas, which according to current regulations constitutes a violation of legal provisions.

“The entire Seniat workforce is mobilized with joy in support of our candidate Nicolas Maduro on the path to the great victory on July 28,” says one of the messages published by Seniat on July 4.

Photo: Screenshot of X @SENIAT_Oficial account

What do Venezuelan laws say regarding electoral campaigns?

In the Constitution of the RepublicSpecifically in Article 145, it is established that public officials must not show any partiality for a party because they are in the service of the State.

“Their appointment or removal may not be determined by political affiliation or orientation. Anyone who is in the service of the Municipalities, the States, the Republic and other legal entities of public law or private law of the State, may not enter into any contract with them, either by themselves or through an intermediary, or on behalf of another person, except for the exceptions established by law,” reads the highest legal instruction in the country.

Furthermore, in the resolution on the rules on advertising and propaganda for electoral campaigns The Organic Law on Electoral Power urges public bodies not to carry out propaganda for any electoral candidate.

“National, state or municipal public bodies may not carry out electoral advertising and propaganda, and in this regard, may not disseminate messages intended to promote, sponsor or favor a particular candidate or organization with political purposes or group of voters, and indigenous communities or organizations, as well as anything that promotes or tends to promote the negative image of any candidate, organization with political purposes, group of voters and indigenous communities or organizations. The use of property owned by the Republic, or by the states or municipalities for the purpose of favoring or promoting a candidacy or carrying out electoral propaganda shall not be permitted,” says Article 16 of the Law.

Photo: EFE/ Rayner Peña R.

Other laws that were violated

In the Organic Law on Suffrage and Political ParticipationArticle 215 establishes that public administration employees are obliged to maintain political impartiality in the exercise of their functions.

“They may not abandon their normal work functions in order to participate in electoral activities, political parties, groups of voters or candidates for elected office or display electoral propaganda in the offices where they work in accordance with the provisions of this Law,” states the regulation.

Article 210 also states that during the period in which electoral campaigns are being conducted, the government must not make advertising or propaganda “for or once morest” any candidate.

While Article 14 of the Anti-Corruption Law reiterates that public employees are at the service of the State and not of any political or economic bias.

“They may not allocate the use of public assets or the resources that make up the public patrimony to favor political parties or projects, or particular economic interests (…) The public official who, abusing his functions, uses his position to electorally favor or harm a candidate, group, party or political movement, will be punished with imprisonment of one to three years,” provides the Law once morest Corruption published in the Official Gazette on May 2, 2022.

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