The Specialized Section of the Supreme Electoral Tribunal (TSE) has ruled in favor of a complaint against Esteban Cerdas Aguilar, a former member of the Front Amplio party and former honorary advisor at the Ministry of Culture and Youth, imposing a two-year ban on him from holding public office.

The sanction stems from actions taken in 2017, where Cerdas published political and electoral content on the Facebook page of the Vice Ministry of Youth, which the tribunal determined violated Article 146 of the Electoral Code.

This article prohibits public officials from engaging in political-electoral discussions during working hours and using their position to benefit a political party.

The resolution, numbered 4799-E6-SE-2019, published in the official newspaper La Gaceta, indicated that Cerdas shared a message that contained photographs and expressions of support for the Front Amplio while managing the official Facebook page of the Vice Ministry.

The post stated: "The Front Amplio ratifies our current deputy of Alajuela as its candidate for the presidency of the Republic.

Edgardo Araya Sibaja President 2018.⌛💛"

The tribunal concluded that this publication demonstrated political affinity and, as it was posted from an institutional account, violated the principle of impartiality that public entities must maintain.

In his defense, Cerdas claimed that the posting was a “mistake” arising from managing both his personal profile and the institutional account on the same device.

He argued that the content was informational rather than promotional, thus not constituting political partisanship.

Cerdas also contended that the sanctions outlined in Article 146 of the Electoral Code were not applicable to him, arguing that the exhaustive list in the law did not include his position at the time of the publication.

Furthermore, he attributed responsibility for the violation to his immediate superior, former Deputy Minister José Ricardo Sánchez, who was responsible for ensuring compliance with electoral regulations.

The TSE rejected Cerdas's arguments, reiterating that as a public official, he was required to take measures to prevent the partisan use of the institutional profile.

The tribunal clarified that its interpretation of Article 146 was correct, emphasizing that the prohibition applies to all public officials during their working hours, even if a stricter regime is imposed on those listed in the exhaustive list.

The resolution explained that although oversight of his duties fell to the Deputy Minister of Youth, it acknowledged that such control often can only occur after the prohibited act (ex post control), as evidenced by Sánchez's directive to remove the post once its existence was known.

Cerdas still has the option to appeal the ruling, with a reconsideration request permissible within eight business days after notification to the TSE magistrates.

In a statement, Cerdas clarified he has not been affiliated with the Front Amplio for two years and currently does not work for the state.

He mentioned he has not yet received official notification regarding the tribunal’s ruling.

This case originated from a complaint filed by Rolando González Ulloa, a former deputy from the National Liberation party.

According to Article 146 of the Electoral Code, public employees are barred from engaging in political-electoral activities during work hours and using their positions to favor political parties.

Violation of this provision may result in removal and a ban from public office ranging from two to four years.

The law imposes a more stringent prohibitive regime on certain officials—including the President and Vice Presidents, ministers, and high-ranking judicial officials—who are restricted from participating in partisan activities, displaying political propaganda, or engaging in political boasting.