Electoral Board Sanctions Firm Over Off-Season Election Surveys

The Dominican Republic's electoral authority has moved to sanction a polling firm, ACD Media, for allegedly releasing election surveys outside the legally permitted timeframe. The Central Electoral Board (JCE) initiated an administrative sanctioning procedure, citing a regulation approved in May. This action targets two specific surveys published in June and July, which the JCE preliminarily deems to contain political-electoral content, including measurements of party sympathy and presidential preferences for 2028.

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The measure opens a contradictory process, but does not imply a definitive declaration of responsibility.

However, the JCE's move has drawn criticism from legal experts and organizations like the Institutionalism and Justice Foundation (Finjus). They argue that the electoral body is overstepping its authority and attempting to impose a "gag law." Critics point to existing Dominican legislation, specifically Law 20-23, which restricts survey publication only in the eight days before an election and until five hours after polls close. They contend that the JCE's regulation extends this prohibition beyond what was established by Congress, potentially infringing on the constitutional right to seek and disseminate information.

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the JCE insists on imposing a kind of gag law for which, according to jurists and experts, it lacks authority.

The case has been escalated to the Constitutional Court after the Superior Electoral Tribunal declined to rule on its merits. The JCE maintains that the publications occurred after its regulation took effect but before the official campaign period, during which such studies are permitted. The regulation stipulates a primary penalty of temporary suspension of the firm's registration for six months to a year, with definitive cancellation only for repeat offenses. The JCE emphasizes that the current accusation is provisional and will be further investigated.

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the Constitution, in its article 49, guarantees the right of every person to seek, receive and disseminate information by any means.