According to the CNE, Petro and his campaign managers allegedly spent almost COP5,4 billion ($1.3 million) more than legally allowed during the 2022 campaign.
The CNE will now investigate the charges that were initially made by magistrate Alvaro Hernan Prada (Democratic Center) and Benjamin Ortiz (Liberal Party).
Prada and Ortiz received the support of another five of the nine magistrates.
The two magistrates of Petro’s progressive coalition voted against the charges.
If the formal investigation results in a guilty verdict, the CNE will send the evidence of the president’s alleged involvement in electoral crimes to the House of Representatives for a political trial.
Petro immediately rang the alarm about the decision and said on social media platform X that “the coup d’état has begun.”
Colombia’s constitution only allows the House of Representatives to investigate sitting presidents for their alleged involvement in crimes, which would include those related to elections.
The President of the Republic, during the period for which he is elected, or whoever is in charge of the Presidency, may not be persecuted or tried for crimes, except by virtue of an accusation of the House of Representatives and when the Senate has declared that there is cause for the formation of a case.
Article 199 of the Constitution
The CNE is an administrative body that consists of representatives of the political parties in Congress and has frequently been accused of corruption and political bias.
The Democratic Center magistrate that has been investigating Petro is himself being investigated by the Supreme Court on charges of fraud and bribery.
Perto has accused the other magistrate of being an ally of former National Registrar Alexander Vega, who organized the 2022 elections.
Vega is being investigated by the Inspector General’s Office after the National Registry lost more than 800,000 votes for Petro’s progressive coalition in the congressional elections.