Colombia’s controversial election authority CNE sanctioned President Gustavo Petro’s campaign for violating spending limits.

With six votes in favor and three against, the CNE ruled that the Petro campaign exceeded the limit by $1.4 million (COP $5.300 million) and was partially financed by prohibited sources like the the Ecopetrol Workers’ Union.

The ruling was almost entirely supported by magistrates that represent Colombia’s traditional political parties.

Magistrates who voted in favor

• Alvaro Hernan Prada (Democratic Center)
• Benjamin Ortiz (Liberal Party)
• Altus Baquero (Liberal Party)
• Alfonso Campo (Conservative Party)
• Maritza Martinez (U Party)
• Majer Abushihab (Alternate judge)

Magistrates who voted against

• Cristian Quiroz (Green Alliance)
• Fabiola Marquez (Historic Pact)
• Jorge Acuña (Alternate judge)

Minister of Interior Armando Benedetti said CNE decision was political rather than judicial.

The CNE has always been adverse to the Government, to President Gustavo Petro, and to the Historic Pact. The ruling on financing is a political attack during campaign season. They are elected by Congress, from lists of political parties, and if those parties end up in the opposition, their magistrates do too.

Armando Benedetti

The president’s party, Colombia Humana, and the Patriotic Union will be fined $156 thousand (COP $583 million) each.

Persons sanctioned:

• Ricardo Roa (Campaign manager and current president of Ecopetrol)
• Maria Lucy Soto (Auditor)
• Lucy Mogollon (Treasurer)

The fines total up to $1.59 million (COP $5.9 billion)

It is the first time in Colombia’s history that a presidential campaign has been sanctioned.

Oddly enough, it is not the first time that there has been evidence of violating the limits.

In the previous cases where evidence was provided, the CNE did not rule because the deadline had passed.

The CNE decides who to investigate and sanction, which has led to arbitrary and politically motivated acts in defense of the established parties in the past.

Because Congress elects the magistrates from candidates put forward by the political parties, the CNE has been criticized for representing these interests instead of fulfilling a regulatory role.

The Constitutional Court ruled in 2021 that the CNE violated Petro’s constitutional rights by its refusal to recognize the president’s Colombia Humana as a party.

As of now, the parties sanctioned have the possibility to appeal against the decision, and if that does not change the outcome, they can ask the Council of State to review the CNE ruling.