Caracas, Venezuela — It’s been almost a month since Venezuela’s acting president Delcy Rodriguez’s 90-day term limit expired. Now, amid political uncertainty in the country, various opposition groups are calling for a presidential election.
The question of how the election should proceed has been complicated by a number of issues, including controversy over the results of Venezuela’s 2024 election and the arrest of President Nicolas Maduro in the United States (January 3).
“I think it’s a good thing,” said Roberto Abdul, a political activist who helped organize Venezuela’s opposition primaries in 2023 and was detained by the government that same year. Latin America Report President Maduro’s legitimacy plays a key role in the current debate surrounding Rodríguez, who was Maduro’s vice president at the time of his arrest.
He said that while “they did not present any (voter) tally sheets” to prove Maduro’s election victory, the opposition “presented almost 83% of the machine-issued tally sheets” showing that their candidate, Edmundo González, had won the election.
Questions surrounding the legitimacy of Rodriguez’s position within the government become even more confusing because Venezuela’s vice president is not elected, but rather appointed by the president as a Maduro appointee.
“There is a problem here from a constitutional standpoint,” he said.
Additionally, Article 233 of the Constitution distinguishes between the temporary and permanent absence of the President, and Article 234 specifies the procedures for governing the country in the absence of the President.
According to Article 234, in the event of temporary absence, the Vice President assumes control of the government for 90 days, which period can be extended by the legislature for another 90 days.
However, if the President’s temporary absence lasts for more than 90 days, the National Assembly (Venezuela’s legislative body) must decide by majority vote whether to consider the President’s absence as permanent, in which case new elections will be held within 30 days.
Abdul explained that the unprecedented circumstances surrounding Maduro’s absence are frustrating the very definition of his absence.
On January 3, a U.S. special forces team attacked Venezuela’s capital Caracas, arrested Maduro and his wife, Cilia Flores, and took them by sea and air to New York to face drug trafficking charges. International legal experts have questioned the legitimacy of the dictator’s defense.
Maduro’s trial could take months, if not years, well beyond the temporary absence period (up to 180 days) stipulated by Venezuela’s constitution.
This unique situation has led to controversy over how to apply Articles 233 and 234 in Maduro’s absence. Furthermore, Abdul points out that due to the lack of separation of powers, the interpretations of the Supreme Court and other institutions tend to be ‘biased’ in favor of the Chávez government rather than strictly adhering to the spirit of the Constitution.
The National Assembly is slowing down the pace of discussion.
The National Assembly, dominated by government loyalists, was due to begin discussions on Rodriguez’s first term as acting president, which expires April 6-10. Despite Rodriguez’s term expiring on April 5, discussions have not yet taken place.
Jorge Rodríguez, the speaker of the National Assembly and Del City’s brother, made comments suggesting that the assembly’s main focus is reopening Venezuela’s economy and not new elections.
“The most important thing now is the economy. It is important that the Venezuelan economy grows so dynamically that the population feels that this whole process is worthwhile,” the parliamentary leader told the Spanish newspaper. nation. “In addition, we are in deep dialogue with all opposition groups within the constitutional framework, including those living abroad,” he said. “There is so much work to do that I cannot even tell you when or what the first elections will be.”
Other Maduro loyalists are also opposing the election. “Now (the opposition) is demanding elections because President Nicolas Maduro is completely absent,” Interior Minister Diosdado Cabello said at an event last week. “They said Nicolas Maduro did not win (the 2024 elections), so how can they now demand the complete absence of someone who did not win?”
Even if Congress declares Maduro’s absence permanent, Abdul insists there is much work to do to ensure free and fair elections in Venezuela.
First, he said the Central National Election Commission (CNE) should appoint a new board as a result of a bipartisan agreement. “We must strive to ensure maximum compliance with the rules to create the highest level of credibility and highest level of legitimacy,” he said.
Abdul argued that another important consideration is whether to hold just a presidential election or a broader “grand election” that would decide seats in parliament, governors and mayors.
Among the other challenges facing the impending election is facilitating the voting of the 4.5 to 5 million eligible Venezuelans living abroad. technical assistance from foreign agencies such as the United Nations to facilitate observation, and revoking political disqualifications and reinstating political parties that had been banned during the Maduro regime.
“It’s a complex process, but it’s achievable. It’s not like sending someone to the moon out of thin air. That’s something we’ve already been through,” Abdul concluded.
Featured Image: Venezuela’s National Assembly has voted in March 2026 on a bill to streamline administrative procedures.
Image source: National Assembly of Venezuela via X.
