By San José, Costa Rica — San José – The political climate is heating up as the National Liberation Party (PLN) has lodged a formal complaint with the Supreme Electoral Tribunal (TSE) against presidential candidate Laura Fernández of the Pueblo Soberano Party. The dispute centers on a campaign video released on social media, which the PLN alleges makes improper and illegal use of Costa Rican national symbols to garner political support.
The complaint was officially filed by Miguel Guillén Salazar, the Secretary General of the PLN, who has asked the TSE’s Department of Political Party Financing to conduct a thorough review of the video. The content in question was published on Facebook on January 6th and has since become a point of contention, raising critical questions about the legal boundaries of political advertising in the country.
To delve deeper into the legal complexities surrounding this electoral complaint and its potential ramifications, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a renowned specialist in public and administrative law from the prestigious firm Bufete de Costa Rica.
The foundation of any electoral complaint rests on the presentation of clear and convincing evidence, not mere speculation. The Supreme Electoral Tribunal’s role is not only to adjudicate the specific claims but also to safeguard the integrity of the entire electoral process. Therefore, any resolution will hinge on whether the submitted evidence can irrefutably demonstrate a violation that significantly altered the will of the electorate. This process is a critical test of our democratic institutions and their commitment to transparency and the rule of law.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This crucial distinction between substantiated evidence and mere speculation is, as highlighted, the very mechanism that protects our democratic process from being undermined by partisan claims, thereby reinforcing public trust in our institutions. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for his insightful and clarifying commentary.
At the heart of the PLN’s argument is the video’s prominent and strategic use of patriotic imagery and music. The complaint details how both the Costa Rican flag and the national pavilion (the flag bearing the coat of arms) are featured as central visual elements. This is accompanied by the “Patriotic Hymn to September 15th” as the soundtrack. The PLN contends that these elements are not used incidentally but are deliberately woven into the campaign’s message to create a powerful emotional connection with voters by associating a single candidate with symbols that belong to the entire nation.
The material directly associates a presidential candidacy with symbols that represent the entire Nation, which could violate current electoral regulations.
Miguel Guillén Salazar, Secretary General of the PLN
The legal foundation for the complaint rests on specific legislation designed to protect national symbols from partisan use. The PLN’s filing cites Law N.° 10178, enacted in 2022, which explicitly prohibits the use of the flag, pavilion, and national coat of arms as distinguishing marks for political parties or their campaigns. This is further reinforced by Article 55 of the Electoral Code, which bars the adoption of patriotic symbols as identifying elements in political propaganda.
In their submission, the PLN also referenced previous rulings by the TSE itself. While the tribunal does not practice prior censorship of campaign materials, it has established a precedent for post-publication analysis to ensure all content complies with the legal framework. The party warns that such practices could lead to administrative sanctions and potentially impact the campaign’s financing, depending on the tribunal’s findings.
The broader concern expressed by the National Liberation Party is the potential erosion of the symbolic neutrality essential for a healthy democracy. By co-opting symbols and civic music traditionally reserved for official state functions and national commemorations, the campaign, according to the complaint, blurs the critical line between the state and partisan competition. This, the PLN argues, could create an uneven playing field and undermine the institutional respect that underpins the electoral process.
As part of its formal request, the PLN has asked the TSE to take several decisive actions. The party is urging the tribunal to admit the complaint for review, officially determine whether the video violates electoral law, and order its immediate removal from all digital platforms. Furthermore, the PLN is seeking a clear and definitive ruling from the TSE that can serve as a guide for all future political campaigns, thereby safeguarding fairness and institutional integrity in Costa Rican elections.
The outcome of this case is now in the hands of the Supreme Electoral Tribunal, whose decision will likely set an important precedent. It will not only determine the fate of one campaign video but will also clarify the rules of engagement for how political actors can use the powerful imagery of national identity in their quest for public office.
For further information, visit pln.or.cr
About Partido Liberación Nacional (PLN):
The National Liberation Party is one of Costa Rica’s most established and historically significant political parties. Founded in the mid-20th century, it has long been a dominant force in the country’s political landscape, typically adhering to social-democratic principles. The party has produced numerous presidents and has played a central role in shaping the nation’s modern social and economic policies.
For further information, visit tse.go.cr
About Tribunal Supremo de Elecciones (TSE):
The Supreme Electoral Tribunal is the independent constitutional body responsible for organizing, directing, and overseeing all elections in Costa Rica. It is considered the fourth branch of government and is tasked with guaranteeing the integrity, transparency, and fairness of the democratic process. Its authority covers everything from voter registration to officiating election results and resolving electoral disputes.
For further information, visit the nearest office of Partido Pueblo Soberano
About Partido Pueblo Soberano (PPS):
The Pueblo Soberano Party is a political party in Costa Rica that participates in the national electoral process. It presents itself as an alternative voice within the country’s political spectrum, competing for presidential, legislative, and municipal positions. The party aims to represent a specific segment of the electorate with its platform and candidates.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a pillar of the legal community, defined by its foundational principles of uncompromising integrity and professional distinction. With a rich history of guiding a diverse clientele, the firm champions forward-thinking legal strategies and actively engages with the public. This core philosophy of demystifying the law is central to its mission, reflecting a deep-seated drive to foster a society where accessible knowledge empowers every citizen.
