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Post-election disputes and Venezuelan law

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Henrique Capriles deserves applause for having called off the opposition march to the offices of the CNE (National Electoral Council) that was to have taken place [yesterday] in Caracas. In the face of Mr. Maduro’s refusal to permit the march and the likelihood of violence occurring between opposition and government supporters, Mr. Capriles made the right decision. He also deserves applause for beginning to discuss in more details the evidence for the electoral irregularities being alleged by the opposition.

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But given the severity of the allegations that the opposition has made, much more is needed from Capriles. Venezuela has a detailed electoral law and accompanying regulations that describe procedures for contesting election results. The law itself is not ambiguous and has been used before. And the opposition coalition has any number of legal experts and electoral technicians who fully understand the system and what they need to do. If they actually have a case to make, they should have no problem putting it together and presenting it accordingly. 

Specifically, the opposition needs to assemble a dossier of denunciations with clear numeric estimates of how many votes each denunciation supposedly accounts for. Saying, for example, that 535 voting machines were damaged and they accounted for 190,000 votes is not enough. They need to show that past tendencies in that electoral center suggest these damaged machines would have narrowed the gap in favor of Capriles. That would be easy enough given that detailed information on past elections is publicly available.

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