Violations in citizen participation processes

In the first installment of the series we called it “Repairs to Special sanctions proceduresand other judicial reforms” We offer you a series of reflections in which we highlight the need to reform electoral law in Mexico so that conduct that should be understood as electoral offenses is captured in the development of delegation or Referendum.

To put the problem in context, we must begin by pointing out that on March 14, 2014, the federal law was issued regarding Referendumand was fixed until 2021. In the same year, on September 14, the federal law was issued Champions to to delegate.

Mexico has already seen two exercises democracy to a class direct. On August 1, 2021, A Consultation commonA question approved by the country’s Supreme Court asked citizens about the importance of prosecuting former Mexican presidents, with two options: “Yes, I agree” or “I disagree.”

The second exercise democracy Direct was Champions to to delegate It was held on April 10, 2022. With this exercise, it became possible Consult to Citizenship Their will on the President of Mexico remaining in office, giving them the option to choose between revocation or remaining in office.

The law of interest to us is the electoral law in force in Mexico. This was published on its current terms in 2014, many years before any of it was actually practiced Referendum At the national level, it was designed before the mandate existed.

both of them Democratic exercises But it was not published, like everything Democratic practice It must have rules, and violating them deserves punishment from the Mexican state. However, the state revocation rules and Referendum It did not explicitly state any violations or penalties.

To address this difficulty, its similarity to traditional electoral processes where voting is taken to elect popular representatives is taken. Moreover, taking into account the competence that the National Electoral Institute has in regulating citizen participation practices, it allowed the Supreme Chamber of the Electoral Tribunal of the Judiciary of the Federation to interpret the Electoral Law and decide in its ruling SUP-REP-123/2020, that the improper use of public resources The alleged contracting of radio and television time to promote the abolition of the popular mandate could be considered bad practices that could be construed as electoral irregularities.

Thanks to this decision, National Electoral Institute Was able to investigate this type of behavior, and Regional Specialized Chamber Follower Electoral Tribunal of the Judicial Power of the Federation It had jurisdiction to look into these crimes reported in Special sanctions proceduresBe Hall The person responsible for resolving situations that arose, and punishing people who did not follow through Democratic rules.

Although today’s electoral law stipulates a series of behaviors that conflict with Mexico’s model of political communication and are punishable, knowing the do’s and don’ts of the delegation process or the election process. Consultation common This is something that is not explicitly stipulated, and from our point of view, should be included in the law.

For this reason, there is a need for due legal reform in the matter, otherwise people will remain in a state of uncertainty about what is prohibited and what is permitted in moments that are no less important than Sharia practices. Citizen participation As they have been until now Referendum And the Champions to to delegatewhich has already since 2019 received recognition as a constitutional rank in our country.

Until our next delivery.

Luis Espindola

@luisespindolam