Finjus questions JCE's authority to sanction pollsters for publishing surveys

The Foundation for Institutionalism and Justice (Finjus) has raised concerns regarding the Central Electoral Board's (JCE) power to sanction electoral pollsters. Finjus asserts that the JCE must operate within the boundaries set by the Constitution and laws, questioning the validity of regulations that might introduce infractions or penalties not foreseen by legislators.

This stance arises from a JCE administrative proceeding against survey firm ACD Media, S.R.L. The firm faces charges for allegedly publishing and disseminating electoral surveys outside the legally designated period, based on a regulation approved by the JCE in May. The JCE's Administrative Sanctions and Precautionary Measures Unit initiated this action after the JCE Plenary was tasked with investigating two opinion polls attributed to ACD Media, one published on June 1 and another on July 13.

Finjus points out that Law 20-23, the Organic Law on Electoral Regimes, prohibits the publication and dissemination of surveys within the eight days preceding elections. While it permits dissemination outside this period under specific conditions, the JCE's regulation introduces an additional prohibition and outlines penalties such as suspending a firm's registration for six months to a year.

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the regulatory power can develop legal provisions, but should not be used to expand an infraction or create a sanction that Congress has not established.

Finjus contends that while regulatory power can elaborate on legal provisions, it should not be used to expand an infraction or create penalties that Congress has not established. The organization also stresses that any responsibility must be individualized, requiring proof of concrete participation rather than merely linking an entity to the questioned publication.

While acknowledging the JCE's role in safeguarding electoral transparency and fairness, Finjus maintains that these powers must be exercised in adherence to the principles of legality, specificity, responsibility, due process, and legal certainty. The statement was signed by Servio Tulio Castaños Guzmán, Finjus's executive vice president.

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any eventual responsibility must be individualized. It is not enough, it states, to link a person or entity to the questioned publication, but its concrete participation must be demonstrated.