Cubalex, 3 January 2019 — Last December 26th, the Council of State appointed members of the National Electoral Commission, but without announcing it publicly to the electorate in the Official Gazette of the Republic, as required by electoral law. This goes against normal electoral procedure, violates our electoral rights and takes away any transparency from the already discredited voting in the referendum.
We have time to insist that they comply with the law which they themselves enacted. You can go to the President of the National Assembly and require that he orders the Council of State to correct the errors committed.
Publicising in the Official Gazette of the Republic the invitation to the referendum vote.
Respecting the legal 90 day requirement to fix the date of the event.
Technically, the Council of State is an organ of the National Assembly, responsible to it and to which it must account for all its actions. Will they listen to our demands? Let us give it the benefit of the doubt. Why not? What can we lose?
Below you will find a complaint form you can use to report it. Print 2 copies. Take one to the Assembly and use the other to ask for confirmation of receipt (evidence that they have received the report, it could be a stamp with signature, date, and entry number.) Scan the document with its acknowledgement of receipt and send it to us at: firstname.lastname@example.org
If there is no response, Cubalex will act to publicise the report internationally.
If they prevent you from presenting the document or get back at you for having presented it, write to us too.
It doesn’t matter whether your option is #I VoteNo or #IDoNotVote. You can make a difference
Model form for a written complaint or report of a violation of electoral law
TO THE PRESIDENT OF THE NATIONAL ASSEMBLY OF PEOPLES’ POWER
(first and last name), Cuban citizen with identity number (11 digits from your identity card) and normal address (street or avenue name, number of the building, cross-street, district, city, province and country) Republic of Cuba, I wish to state:
(This may be presented by an individual or a group. In the latter case, each person must set out his or her personal details.)
The signatory/ies of the document, with the support of Art. 63 of the Constitution of the Republic, confirm the following:
FIRST: Last December 26th, the official daily newspaper Granma published a report, headed “The Council of State designates the members of the National Electoral Commission and fixes the date on which they take up office” informing us that the “Council of State, in accordance with the provisions of Law No. 72 of October, 29th, 1992, [The Law on Elections], and in conformity with the announcement of the National Assembly of People’s’ Power, has resolved to designate the seventeen members of the National Electoral Commission, authorised by the referendum, by means of which the Cuban people with voting rights ratified the new Constitution of the Republic”.
SECOND: That the Council of State violated the position set out in Arts. 162, 163 and 167 of Law No. 72 of October 29th, 1992, [The Law on Elections], which regulates voting in the referenda called by the National Assembly of Peoples’ Power, by way of Art. 1. As established by Art. 162 of the said body of regulations, the National Assembly of Peoples’ Power, by agreement, summons the electors to indicate whether or not they ratify the Constitutional Reform project, which, according to official media, occurred last December 22nd, but which, up to the present date, has not been published in the Official Gazette of the Republic, for the general information of the public.
THIRD: By means of Art. 163, the “Council of State, in accordance with that which has been established by the National Assembly of Peoples’ Power, orders the publication of the invitation to a referendum in the Official Gazette of the Republic, and designates the national Electoral Commission”. Art. 167 establishes that the “voting be arranged in the form pre-established by the elections of delegates and Deputies to the Assemblies of Peoples’ Power”. In accordance with this law, “(a) all elections shall be preceded by a corresponding summons issued by the Council of State and are to be published in the Official Gazette of the Republic, with not less than 90 days’ notice of the date of the event”.
FOURTH: From the foregoing one understands that, following the agreement of the Assembly, the Council of State should have made public the calling of the referendum in the Official Gazette of the Republic, prior to designating the Members of the National Electoral Commission and respected the legally-required 90 day term for the announcement of the date of the event. The violation of the electoral law in this case is an attack against the normal roll-out of the electoral process and deprives the voting in the referendum of any transparency.
Taking into account what is set out in Arts. 74 and 79 of the Constitution of the Republic, which establishes that the Council of State is an organ of the National Assembly, responsible to it and to which it is liable to account for all its activities, we urge that the Council of State be required to comply in good faith with its obligations in respect of Electoral Law 72 of October 29th, 1992, to publicise in the Official Gazette the calling of the referendum, put right the errors committed and to respect the 90 day legal term for the fixing of the date of the event.
Havana, ______ of _________, 2018
Name/ names of the person/s presenting the representation
Translated by GH