Political Rights and Public Referenda

Article 62

All citizens have the right to participate freely in public affairs, either directly or through their elected representatives.

The participation of the people in forming, carrying out and controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete development, both individual and collective. It is the obligation of the State and the duty of society to facilitate the generation of optimum conditions for putting this into practice.

Article 63

Suffrage is a right. lt. shall be exercised through free, universal, direct and secret elections. The law shall guarantee the principle of personalization of suffrage and proportional representation.

Article 64

All Venezuelans who have reached the age of 18 and are not subject to political disablement or civil interdiction are qualified to vote.

In state, municipal and parish elections, the right to vote shall be extended to foreign nationals who have reached the age of 18 and have resided in Venezuela for more than 10 years, subject to the limitations established in this Constitution and by law, and provided they are not subject to political disablement or civil interdiction.

Article 65

Persons who have been convicted of crimes committed while holding office or other offenses against public property, shall be ineligible to run for any office filled by popular vote, for such period as may be prescribed by law after serving their sentences, depending on the seriousness of the offense.

Article 66

Voters have the right to obtain from their public representatives, transparent and periodic accounting for their office, in accordance with the offered program.

Article 67

All citizens have the right of association for political purposes, through democratic methods of organization, operation and direction. Their governing organs and candidates for offices filled by popular vote, shall be selected by internal elections with participation of their members. No financing of associations for political purposes with State funds shall be permitted. Matters relating to the financing of and private contributions to associations for political purposes shall be regulated by law, as shall the oversight mechanisms to guarantee propriety as to the sources and handling of such funds.

Law shall regulate as well, political and election campaigns, the duration thereof and spending limits with a view pursuing its democratization.

Citizens, on their own initiative, and associations for political purposes, shall be entitled to participate in the electoral process, putting forward candidates. The financing of political advertising and election campaigns shall be regulated by law. The authorities of associations for political purposes shall not enter into contracts with organs in the public sector.

Article 68

Citizens have the right to demonstrate, peacefully and without weapons, subject only to such requirements as may be established by law.

The use of firearms and toxic substances to control peaceful demonstrations is prohibited. The activity of police and security corps in maintaining public order shall be regulated by law.

Article 69

The Bolivarian Republic of Venezuela recognizes and guarantees the right of asylum and refuge.

Article 70

Participation and involvement of people in the exercise of their sovereignty in political affairs can be manifested by: voting to fill public offices, referendum, consultation of public opinion, mandate revocation, legislative, constitutional and constituent initiative, open forums and meetings of citizens whose decisions shall be binding among others; and in social and economic affairs: citizen service organs, self-management, co-management, cooperatives in all forms, including those of a financial nature, savings funds, community enterprises, and other forms of association guided by the values of mutual cooperation and solidarity.

The law shall establish conditions for the effective, functioning of the means of participation provided for under the present article.

Section 2. Popular Referendum

Article 71

Matters of special national transcendence may be referred to a consultative referendum, on the initiative of the President of the Republic, taken at a meeting of the Cabinet; by resolution of the National Assembly, passed by a majority vote; or at the request of a number of voters constituting at least 10% of all voters registered on the national, civil and electoral registry.

Matters of special state, municipal and parish transcendence may also be referred to a consultative referendum. The initiative shall be taken by the Parish Board, the Municipal Council and to the Legislative Council, by the vote of 2/3 of its members; by the Mayor and the Governor or by a number of voters constituting at least 10% of the total number of voters registered in the pertinent circumscription.

Article 72

All magistrates and other offices filled by popular vote are subject to revocation. Once half of the term of office to which an official has been elected has elapsed, a number of voters constituting at least 20% of the voters registered in the pertinent circumscription may extend a petition for the calling of a referendum to revoke such official’s mandate.

When a number of voters equal to or greater than the number of those who elected the official vote in favor of revocation, provided that a number of voters equal to or greater than 25% of the total number of registered voters have voted in the revocation election, the official’s mandate shall be deemed revoked, and immediate action shall be taken to fill the permanent vacancy in accordance with the provided for in this Constitution and by law.

The revocation of the mandate for the collegiate bodies shall be performed in accordance with the law.

During the term to which the official was elected, only one petition to recall may be filed.

Article 73

Bills under discussion by the National Assembly shall be submitted to a referendum when at least two-thirds of the members of the Assembly so decide. If the referendum ends in an affirmative vote of approval, provided that the 25% of the voters registered before the Civil and Electoral Registry have concurred to the election, the bill conceded shall be enacted into law.

Any international agreement, convention or treaty which might compromise the national sovereignty or transfer authority to supranational organs, may be submitted to a referendum on the initiative of the President of the Republic, taken at a meeting of the Cabinet by a 2/3 vote of the members of the Assembly or by 15% of the voters registered on the civil and electoral registry.

Article 74

Statutes whose abrogation are requested on the initiative of a number of voters constituting at least 10% of the voters registered in the civil and electoral registry, or by the President of the Republic taken at a meeting of the Cabinet, shall be submitted to a referendum for its abrogation in whole or in part.

Decrees with the force of law issued by the President of the Republic, making use of the authority prescribed under article 236, section 8 of this Constitution, may also be submitted to an abrogatory referendum, when it is requested by a number of voters constituting at least 5% of the total number of voters registered in the civil and electoral registry.

In order for the abrogatory referendum to be valid, a number of voters constituting at least 40% of the total number of voters registered in the civil and electoral registry shall be essential.

It shall not be possible to submit budget laws to an abrogatory referendum, neither those establishing or modifying taxes, relating to public credit, to amnesty, the protection, guaranteeing and developing human rights, nor those which ratify international treaties.

There shall not be more than one abrogatory referendum on the same matter during the same constitutional term.