With 269 votes in favor and 217 against, the Chamber of Deputies approved in general and in particular the reform of five secondary laws on electoral matters, eliminating the possibility that political parties can exchange votes each other, as previously endorsed by the Senate. This change will again go to the Upper House for a final ratification.
At the request of the Green Ecologist Party, the deputies reversed the call “eternal life clause” that allowed political institutes to receive votes from other parties in the event that one of these was at risk of losing registration, by not reaching 3% of the vote in general elections.
“We understand what moment we are in, hopefully later we will have the opportunity to do it seriously, because this would include an opportunity for all political parties,” said Carlos Puente, coordinator of the Green Party deputies, when requesting the elimination of the controversy clause.
With this, in accordance with article 72, section E, of the Constitution, the Senate will have to approve the change made by the deputies, which could be carried out in 2023, in an extraordinary period, or until the start of the next regular period of sessions that begins on February 1.
The rest of the reform, approved by both Chambers, can pass to the Executive Power for its promulgation and publication in the Official Gazette of the Federation.
The so-called Plan B election of President López Obrador, which contains various constitutional transgressions, restructures the functions of the National Electoral Institute (INE), intervening in their autonomy.
It also compacts the activities of the Local Electoral Public Organizations (OPLES); cancels the trusts created by the INE to face its labor liabilities; and prohibits the contracting of medical expenses insurance.
The approved package modifies the General Law of Electoral Institutions and Procedures; the General Law of Political Parties; the Organic Law of the Judiciary of the Federation, the General Law of Social Communication, and the General Law of Administrative Responsibilities. In turn, a new General Law on the Means of Challenge in Electoral Matters was created.
Among the reforms, new dates for the start of the electoral processes at the federal level stand out: Instead of the elections beginning to be organized in the month of September of the year prior to the election, now these activities will have to start until the third week of november.
Likewise, Mexicans living abroad will be allowed to vote without an INE credential, who will be able to vote from the country where they are presenting only their passport.
The right to vote is also guaranteed for people in pretrial detention, since -since they are not sentenced- the INE will have the obligation to “provide what is necessary” for this population to cast their vote.
The same will happen with people who live with a disability, or who are “in a state of prostration”, for them the INE must implement all the mechanisms at its disposal so that these citizens can vote at their own home, in a date close to election day.
Less resources and no savings
When the INE is restructured, as provided for in the reform, this body will have a smaller budget, and at the same time it will have to abide by the prohibition of “allocating savings, savings or remnants” to the constitution or operation of trusts. In the event that there is any savings or budget under-exercise, the INE must return the resources to the Federation Treasury.
One of the effects of this Plan B The electoral process approved by Congress will mean the immediate dismissal of hundreds of workers, both from the INE and the OPLES, a situation that jeopardizes the proper organization of the elections.
Regarding the Electoral Tribunal of the Federal Judiciary (TEPJF), the reform limits the power of electoral magistrates to annul candidacies, in cases in which the applicants transgress the legislation. Thus, for example, the candidates will be able to remain in the electoral contest even when they exceed the campaign limits or stop reporting their expenses to the INE.
Due to the fact that the General Law of Social Communication was also modified, government propaganda will now be allowed during electoral periods, so neither the INE nor the Electoral Tribunal will be able to penalize public servants who promote the achievements achieved in their respective governments.
Once the reform is published in the Official Gazette of the Federation, the opposition legislators have a period of thirty calendar days to promote an Unconstitutionality Action against it, before the Supreme Court of Justice of the Nation.
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surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.