Notes on political law and electoral law. Mexico
Elements of electoral law.
1. Electoral law is part of political law and part of law as science. Electoral law is part of political law; and political or public law is part of the law in general, which also includes the law between equals and between unequals.
2. Electoral law is manifested through a system of transcendent values and principles in time and space. Electoral law is not limited to legal norms, but is also constituted by values and principles that endure over time and space.
3. Electoral law is a system of legal doctrine of systematized knowledge. Electoral law is constituted by legal doctrine, which can be classified into scientific and non-scientific legal knowledge. Much electoral legal knowledge, of a scientific nature, has not been reflected in the legislation and also much inadequate knowledge of a non-scientific nature, if it appears in some electoral legislation, thereby causing harm to all citizens and political organizations. Electoral law is a set of systematized legal knowledge; since the experience accumulated by the human being throughout history must be considered, in relation to the choice of the leaders of the political organization.All knowledge about electoral matters is contained in electoral law.
4. Electoral law is manifested by legislation. Legislation is the set of laws by which a State is governed, it is the science of laws. Electoral legislation can be classified into written and unwritten legislation, unwritten legislation has been called customary law and is made up of unwritten legal norms that are transferred from generation to generation in the context of some political organizations. Electoral legislation can also be classified into constitutional and regulatory legislation; as well as current electoral legislation and non-current electoral legislation.
5. Electoral law is manifested through jurisprudence. The jurisprudence in electoral matters can be constituted in general courts and specialized courts in electoral matters. In Mexico, electoral jurisprudence is foreseen and authorized in articles 232 to 235 of the Organic Law of the Federal Judicial Branch. The electoral jurisprudence is constituted on the occasion of the interpretation, complementation, integration and application of the current electoral legislation.
6. Electoral law is a set of jurisdictional resolutions. The jurisdictional resolution that has caused enforcement is a legal norm and therefore it is coercible and external, it must be executed to safeguard the established legal order. Electoral resolutions are classified into interlocutory resolutions and substantive resolutions. Interlocutory proceedings are very important procedural steps, since they must strictly observe the applicable legal regulations. The substantive resolutions are constituted by the judgments or resolutions in a strict sense that resolve the merits of a matter.
7. Electoral law is also presented as a set of legal norms. Legal norm is the current legislation, the obligatory jurisprudence and the jurisdictional resolution that has caused the state.
8. Electoral law regulates and harmonizes human relations and their natural environment. Among the great accumulation of human relations, electoral law fundamentally includes the relations between rulers and ruled in terms of the election and appointment of the former, as well as their corresponding removal. The law is not exhausted only in regulating and harmonizing the relationships between human beings, it also includes the very connection of human beings with their natural environment; the life of the human being is not possible independently of the nature in which he lives; since between the human being and his natural environment there are relationships that have to be regulated to avoid the ecological imbalance and with it the human destruction itself.
9. Electoral law regulates human relations on the occasion of the election, appointment and removal of representatives, agents and public servants. The election of the best conductors of the political organization constitutes the first factor to achieve social harmony, but the election is not enough, it is necessary to foresee all the effects of the election, which include the appointment of public servants and the removal of both drivers or political representatives such as public servants.
10. The purpose of the law is to achieve justice and legal security. The purpose of electoral law is to achieve justice and legal certainty as general values of law applicable to each and every one of its branches. The realization of justice and legal security in electoral matters generates the realization of these values in all areas of political organization. Justice is the spontaneous or institutional process by means of which each person is given what corresponds to him according to his merits, works, capacities, needs and conduct. Legal certainty is the certainty that the State as a political organization protects behavior consistent with the established legal order and disapproves the contrary to the stated order.
Location of electoral law within legal science.
Electoral law is located within political law, in which legal relationships between rulers and the ruled prevail. The contents of political law are identified by a large part of the doctrine as contents of public law.
Electoral law is inserted within the classification of political law, which is also made up of constitutional law, administrative law, criminal law, fiscal law and municipal law.
Sources of Electoral Law.
The sources of electoral law are the real situations, the forms or the place from which electoral law arises in its various manifestations of doctrine, legislation, jurisprudence and jurisdictional resolution.
Classes of Sources:
a) Royal Sources. They are the socio-legal problems or real situations that generate the creation of the law; they are the events, the facts that are provoked, the need for new doctrinal reflections, new legislation and new jurisdictional resolutions. They are the real problems that lead us to reflect and create new legal norms.
b) Formal Sources. They are the forms or processes by which electoral law is created. They are formal sources of electoral law, the legal investigation process, the legislative process, the jurisprudential process and the jurisdictional process. The legal research process creates the doctrine and with the doctrine the scientific knowledge of the law is created. The doctrine in electoral matters must be generated through the process of legal investigation.
The legislative process creates and modifies legislation in all its forms. The jurisprudential process generates the jurisprudence in the matter. The jurisdictional process is the way in which jurisdictional resolutions are generated. The doctrine, the law, the jurisprudence and the jurisdictional resolutions are not sources of the law, but are concrete manifestations of the law.
c) Historical Sources. They are the documents and precedents that are required for the creation of the right. Among the most important historical sources of electoral law are books, archives, articles, repealed laws, outdated jurisprudence, challenged and reversed judicial resolutions, technical legal reports, etc.
Relations of electoral law with other disciplines.
1. With Political Science. The link between electoral law and political science is very close, since this branch of law is nourished by the reflections and contents of political science.
2. With Constitutional Law. Constitutional law is the conceptual framework for the connection between political science and legal science, and in this branch of law all areas of it come together.
3. With Administrative Law. It is linked to administrative law by virtue of which some contents of this right are applied for the organization of elections.
4. With Criminal Law. It is also related to criminal law, on the grounds that with the application of electoral legislation, criminal conduct can be generated that is addressed by this right.
5. With Labor Law. The electoral function implies labor relations.
6. Other Relations of Electoral Law. All branches of law are interrelated; reason why electoral law is linked to all the contents of the law and all its branches.
Article 41. The people exercise their sovereignty through the Powers of the Union,….
The renewal of the Legislative and Executive powers will be carried out through free, authentic and periodic elections in accordance with the following bases:
I. Political parties are entities of public interest;… National political parties will have the right to participate in state and municipal elections.
…. are intended to promote the participation of the people in democratic life… through universal, free, secret and direct suffrage. Only citizens may freely and individually join political parties.
II. The law will guarantee that the national political parties have elements to carry out their activities in an equitable way…. they will have the right to permanent use of the media… the law will establish the rules to which the financing of political parties and their electoral campaigns.
Public financing for political parties that maintain their registration after each election will be made up of the administrations destined to sustain their permanent ordinary activities and those tending to obtain the vote during the electoral processes and will be granted in accordance with the following bases and what the law provides:
a) Public financing for permanent ordinary activities will be fixed annually, applying the minimum amounts of the campaign calculated by the Superior Organ of Direction of the Federal Electoral Institute, the number of senators and deputies to choose, the number of political parties with representation in the Chambers of the Congress of the Union and the duration of the electoral campaigns. 30% of the total amount that results in accordance with the aforementioned, will be distributed among political parties equally and the remaining 70% will be distributed among them according to the percentage of votes that they would have obtained in the elections for deputies. immediately previous;
b) The public financing for the activities tending to obtain the vote during the electoral processes will be equivalent to an amount equal to the amount of the public financing that corresponds to each political party for ordinary activities in that year; and
c) A percentage of the annual expenses incurred by political parties will be reimbursed for activities related to education, training, socio-economic and political research, as well as editorial tasks.
The law will establish the criteria to determine the limits to the expenditures of the political parties in their electoral campaigns; It will establish the maximum amounts that the pecuniary contributions of its sympathizers will have and the procedures for the control and surveillance of the origin and use of all the resources that they have…
III. The organization of federal elections is a state function that is carried out through an autonomous public body called the Federal Electoral Institute,…. In whose integration the Legislative Power of the Union, national political parties and citizens participate….
The Federal Electoral Institute will be authority in the matter, independent in its decisions and operation and professional in its performance; It will have in its structure management, executive, technical and surveillance bodies; The General Council will be its highest management body and will be made up of its President and eight Electoral Councilors, and Councilors of the Legislative Branch, representatives of political parties and the Executive Secretary will attend with voice but without vote;…
The President Counselor and the Electoral Counselors will remain in office for seven years and may not have any other job, position or commission,….
The Federal Electoral Institute will be in charge in a comprehensive and direct way…. activities related to civic training and education, electoral geography, the rights and prerogatives of the groups and political parties to the voter list and list, printing of materials elections, preparation for the electoral day, the computations in the terms indicated by the law, declarations of validity and granting of records in the elections of deputies and senators, computation in the election of President of the United Mexican States in each of the districts single-member electoral offices, as well as the regulation of electoral observation and opinion polls or surveys for electoral purposes.
IV. To guarantee the principles of constitutionality and legality of electoral acts and resolutions, a system of challenge means will be established in the terms indicated by this Constitution and the law.
In electoral matters, the filing of the constitutional or legal challenges will not have suspensive effects on the resolution or the contested act.
Article 49. The Supreme Power of the Federation is divided for its exercise into Legislative, Executive and Judicial.
Federal code of electoral institutions and procedures.
In this chapter I will make a brief analysis of the aspects, which in my opinion are the most important of this Code.
1. Integration of the Legislative and Executive Powers of the Union (arts. 1 to 21).
The Code mentions that its provisions are of public order and general observance throughout the Republic; regulates the constitutional norms of the political and electoral rights and obligations of citizens, the organization, function and prerogatives of political parties and groups, as well as the state function of organizing the elections of the members of the Legislative and Executive Powers of the Union. It also mentions that it is the responsibility of the IFE, the Electoral Court of the Federal Judicial Branch and the Chamber of Deputies to apply the regulations mentioned in the Code in their respective areas of competence.
The rights and obligations of citizens in elections.
It is a right and an obligation of the citizen, to vote in the elections to integrate the organs of the State, of popular election. The vote is universal, free, secret, direct, personal and non-transferable; acts that generate pressure or coercion of the voters are prohibited.
The rights of Mexican citizens are: to constitute national political parties and political groups, as well as to join them individually and freely; participate as observers in the acts of preparation and development of the electoral process, which are carried out on the day of the electoral day.
It is the obligation of Mexican citizens to join the polling station boards.
To exercise the vote, citizens must be registered in the Federal Register of Electors and have the corresponding voting credential.
Eligibility requirements.
To be a Federal Deputy or Senator, in addition to the requirements indicated in articles 55 and 58 of the Constitution, you must be registered in the Federal Register of Voters and have a voting credential.
No person may register as a candidate for different positions of popular election in the same electoral process, nor be a candidate for a federal position of popular election and simultaneously for another of the States, municipalities or Federal District.
Political parties may not register simultaneously, in the same electoral process, more than sixty candidates for federal deputies by relative majority and by proportional representation distributed in five regional lists.
Election of the President of the Republic and of the members of the Senate and Deputy Chambers.
The President of the United Mexican States will be elected every six years by relative majority and direct vote throughout the Republic.
The Chamber of Deputies is made up of 300 deputies elected according to the principle of relative majority voting, through the system of single-member electoral districts, and 200 deputies elected according to the principle of proportional representation, through the system of regional lists voted in multi-member constituencies. The Chamber will be renewed in its entirety every three years.
The Senate will be made up of 128 senators, of which, in each State and in the Federal District, two will be elected according to the principle of relative majority voting and one will be assigned to the first minority. The remaining 32 senators will be elected by the principle of proportional representation, voted on in a single national multi-member constituency. This Chamber will be renewed in its entirety every six years.
Proportional representation for the integration of the Chamber of Deputies and the allocation formulas.
A total cast vote is understood as the sum of all the votes cast at the ballot box.
For the allocation of deputies of proportional representation, it will be understood as a national vote cast, the one that results from deducting from the total vote cast, the votes in favor of the political parties that have not obtained 2% and the null votes.
No political party may have more than 300 deputies for both principles.
For the allocation of deputies of proportional representation, a pure proportionality formula will be applied with the elements: a) Natural quotient; and b) Greater rest.
Natural quotient; it is the result of dividing the national vote cast among the 200 deputies of proportional representation. Greater rest, is the highest remnant among the remains of the votes of each political party, once the distribution of seats has been made by means of the natural quotient. The greater remainder is used when there are still councils to distribute.
For the assignment of senators by the principle of proportional representation, the pure proportionality formula will be used and the following rules will be followed:
a) A total cast vote is understood to be the sum of all the votes cast in the ballot boxes for the national multi-member constituency list;
b) The assignment of senators by the principle of proportional representation shall be made considering as a national vote cast the one that results from deducting from the total cast the votes in favor of political parties that have not obtained 2% of the vote cast for the corresponding list and null votes. The pure proportionality formula consists of a) natural quotient and b) greater remainder.
Natural quotient; it is the result of dividing the national vote cast by the number to be distributed of senators elected by the principle of proportional representation.
Greater rest; it is the highest remnant among the voting remnants of each political party after having participated in the distribution of senators using the natural quotient.
Ordinary elections must be held on the first Sunday of July of the corresponding year, to elect federal deputies, every three years; Senators, every six years; and President of the Republic, every six years.
When an election is declared null or the members of the winning formula are ineligible, the call for the extraordinary election must be issued within 45 days after the conclusion of the last stage of the electoral process.
2. Of the political parties (arts. 22 to 67).
The organization or political group that intends to become a political party to participate in federal elections must obtain its registration with the IFE. The name "national political party" is reserved for political organizations that obtain their registration as such. National political parties have legal personality, enjoy the rights and prerogatives and are subject to the obligations established by the Constitution and the Code in question.
Constitution, registration, rights and obligations of national political parties.
In order for an organization to be registered as a national political party, they need to formulate a declaration of principles and, in accordance with them, formulate their action program, as well as the statutes that regulate their activities; they must have 3,000 affiliates in at least 10 Federal Entities, or have 300 affiliates in at least 100 single-member electoral districts; not being able, for any reason, to have less than 0.13% of affiliates of the total of the Federal Electoral Registry that has been used in the ordinary federal election immediately prior to the presentation of the application in question.
To constitute a national political party, the interested organization will notify the IFE of this purpose between January 1 and July 31 of the year following the election; To demonstrate that it meets the requirements indicated in the preceding paragraph, it must hold an assembly in the presence of a municipal judge of first instance or district, or a notary public or accredited official in at least ten federal entities or in one hundred electoral districts. For this purpose, who will certify: 1. The number of affiliates who attended and participated in the state or district assembly, which in no case should be less than 3,000 or 300, respectively, and who knew and approved the declaration of principles, the action program and the statutes; and that they signed the document of formal manifestation of affiliation; and 2.That with the aforementioned persons, the lists of affiliates were formed, with the name, surnames, their residence and the key to the credential to vote. A constituent national assembly must be held in the presence of the official designated by the IFE, who will certify: 1. that the proprietary or alternate delegates, elected in the state or district assemblies, attended; 2. that they proved through the corresponding minutes that the assemblies were held in accordance with the aforementioned; 3. that the identity and residence of the delegates to the national assembly was verified, by means of their Voting Card or other reliable document; 4. that its declaration of principles, action program and statutes were approved; and 5. that lists of affiliates were formed with the requirements indicated above.
Having carried out all the acts indicated, the interested organization, in the month of January of the year prior to the election, will present the registration application to the IFE, accompanied by the declaration of principles, the action program and the statutes approved by its members.; as well as the nominal lists of members by entities or electoral districts; and the minutes of the assemblies held in the federal entities or in the electoral districts and that of its constituent national assembly.
The IFE General Council will form a commission to examine the above documents and will formulate the draft registration opinion.
The Council, based on this draft opinion and within 120 days from the date of the presentation of the registration application, will resolve the matter. When appropriate, it will issue the corresponding certificate stating the registration; when not, it will substantiate the causes and communicate it to the interested parties. The resolution must be published in the Official Gazette of the Federation and may be appealed to the Electoral Tribunal.
The registration of political parties will take effect from August 1 of the year prior to the election.
To the political party that does not obtain at least 2% of the vote in any of the ordinary federal elections for deputies, senators or President of the Republic, the registration will be canceled and they will lose all the rights and prerogatives established by the commented Code.
The party that has lost its registration cannot request it again until after an ordinary federal electoral process has elapsed.
National political groups.
National political groups are forms of citizen association that contribute to the development of democratic life and political culture, as well as to the creation of better informed public opinion, and may not under any circumstances use the names of "political party" or " match". They may only participate in federal electoral processes through participation agreements with a political party; which must be presented for registration before the President of the IFE General Council.
To obtain registration as a national political group, it must be accredited to the IFE that it has a minimum of 7,000 associates in the country, with a national governing body and have delegates in at least 10 states; as well as having basic documents and a different denomination from any group or party. Registered groups will enjoy the fiscal regime established for political parties and will enjoy public financing to support their editorial activities, political education and training, and socio-economic and political research.
The national political group will lose its registration when its dissolution has been agreed by the majority of its members; for having given the causes of dissolution according to its basic documents; for omitting to render the annual report of the origin and application of its resources; for seriously breaching the provisions contained in the Code; for having failed to meet the necessary requirements to obtain registration.
Rights of national political parties.
The rights of national political parties are: to participate in the preparation, development and monitoring of the electoral process; freely carry out their activities; receive public financing in terms of article 41 of the Constitution; nominate candidates in federal elections; forming fronts and coalitions, as well as merging with other political parties; participate in state and municipal elections; appoint representatives to the organs of the IFE; be the owner, possessors or administrators of the real estate that are essential for the direct and immediate fulfillment of its purposes; establish relations with foreign organizations or political parties, maintaining at all times their absolute independence,political and economic and unrestricted respect for the integrity and sovereignty of the Mexican State and its governing bodies; sign a participation agreement with national political groups.
Obligations of national political parties.
The obligations of national political parties are: to conduct their activities within legal channels and to adjust their conduct and that of their militants to the principles of the democratic State; refrain from resorting to violence or disturbing public order or preventing the regular functioning of the governing bodies; Show off the denomination, emblem and color or colors that they have registered; comply with its affiliation rules and comply with the procedures indicated in its statutes for the nomination of candidates; keep its statutory bodies functioning; have a registered office; edit a monthly disclosure publication and a quarterly publication of a theoretical nature; support a political training center; publish and disseminate, on radio and television, in the electoral divisions in which they participate,the electoral platform that the party and its candidates will support in the election in question; to allow audits and verifications to be ordered by the board of directors committee, as well as to provide the documentation requested regarding their income and expenses; communicate to the IFE any modification to its declaration of principles, action programs or statutes (which will not take effect until the General Council of the IFE declares their provenance); promptly communicate to the IFE the changes in its registered office or in the members of its governing bodies; act and conduct without dependency or subordination links with political parties, foreign individuals or corporations, international organizations or entities and with cult ministers of any religion or sect;use the prerogatives and apply public financing exclusively to sustain their ordinary activities, defray campaign expenses and their own activities; refrain from any tirade, slander, infamy, injury, or defamation that denigrates citizens, public institutions, other political parties and their candidates; in political propaganda, they should refrain from using religious symbols and collective affiliations of citizens.They should refrain from using religious symbols and collective affiliations of citizens.They should refrain from using religious symbols and collective affiliations of citizens.
Prerogatives of national political parties.
The prerogatives of the national political parties are: to have permanent access to radio and television; enjoy the special tax regime and the postal and telegraphic franchises that are necessary for the fulfillment of their functions and participate in the corresponding public financing for their activities.
Financing of political parties.
Funding for political parties will be only for public funding; financing by militancy; financing by supporters; self-financing; as well as financing for financial returns, funds and trusts.
The Executive, Legislative and Judicial Powers of the Federation, the States and the Municipalities may not make any type of contribution or donation to the political parties, except as provided by law; the federal, state or municipal, centralized or parastatal agencies, entities or bodies of the public administration and the governing bodies of the Federal District; political parties, foreign individuals or corporations; international organizations of any nature; the ministers of worship, associations, churches or groups of any religion or sect; people who live or work abroad; and Mexican companies of a commercial nature.
Political parties may not request credits from development banks to finance their activities, nor receive contributions from unidentified persons, with the exception of those obtained through collections carried out at rallies or on public roads. Contributions in money that supporters make to political parties will be deductible from ISR, up to an amount of 25%.
The political parties will be entitled to financing, in accordance with the following provisions:
a) For the maintenance of permanent ordinary activities: the General Council of the IFE will determine annually the minimum costs of a campaign for deputy, one for senator and for that of President of the Republic.
The minimum cost of a campaign for deputy, will be multiplied by the total number of deputies to be elected and by the number of political parties with representation in the Chambers of the Congress of the Union, the same will be done for senator; for the President of the Republic, the minimum cost of campaign expenses for deputy will be multiplied by the total of deputies to be elected by the principle of relative majority, divided by the days that the campaign for deputy lasts for this principle, multiplying it by the days that President's campaign lasts. The sum of these costs constitutes annual public financing to political parties for their permanent ordinary activities.
b) For campaign expenses: in the year of the election, each political party will be awarded an amount equivalent to the public financing that corresponds to the maintenance of its permanent ordinary activities in that year.
d) For specific activities as public interest entities: they may be supported by public financing in terms of the regulations issued by the General Council of the IFE.
The political parties and the political groups must present before the Commission for the Supervision of the Resources of the Parties and Political Groups of the IFE, the reports of the origin and amount of the income they receive for any type of financing, as well as their use and application.
Complaints about the origin and application of resources derived from the financing of political parties and groups must be submitted to the Executive Secretary of the IFE, who will turn them over to the Commission, so that it may analyze them prior to rendering its opinion..
Tax regime of national political parties.
National political parties are not subject to taxes and rights related to raffles and raffles that they hold, with prior legal authorization, and to fairs and festivals and other events that are intended to gather resources for the fulfillment of their purposes; nor of the Income Tax, in terms of taxable profits from the alienation of the properties that they had acquired for the exercise of their specific functions, as well as the income from donations in cash or in kind; nor those related to the sale of the printed matter that they edit for the diffusion of their principles, programs, statutes and for their propaganda and those of the audiovisual equipment and media that they use in them.
Postal and telegraphic franchises.
The political parties will enjoy the postal and telegraphic franchises, within the national territory, that are necessary for the development of their activities.
The fronts, coalitions and mergers.
National political parties may constitute fronts, to achieve shared political and social objectives of a non-electoral nature, through specific and common actions and strategies; conserving at all times its legal personality, its registration and its identity.
Political parties, for electoral purposes, may form coalitions to nominate the same candidates in the federal elections for President of the Republic, deputies by the principle of proportional representation, as well as senators and deputies by the principle of relative majority.
Two or more political parties may merge to form a new party or to join one of them, having to enter into an agreement that will invariably establish the characteristics of the new party; or which of the political parties will retain their legal personality and the validity of their registration and which party or parties will be merged. The validity of the registration of the new party will be that corresponding to the registration of the oldest party among those that merge.
Loss of registration of a political party.
The causes that cause the loss of the registration of a political party are: that it does not participate in a federal electoral process; that it does not obtain, in ordinary federal election, at least 2% of the vote cast in any of the elections for deputies, senators or President; stop fulfilling the necessary requirements to obtain the registration; breach of the obligations set out in the Code; to declare itself dissolved by agreement of its members, in accordance with what its statutes establish; as well as for having merged with another political party.
The loss of the registration of a political party has no effect in relation to the victories that its candidates have obtained in the elections according to the principle of relative majority.
3. From the federal electoral institute (arts. 68 to 134).
The IFE, the electoral authority, is responsible for exercising the state function of organizing elections.
Its purposes are: to contribute to the development of democratic life; preserve the strengthening of the political party regime; integrate the Federal Register of Voters; ensure citizens the exercise of political-electoral rights and monitor compliance with their obligations; guarantee the periodic and peaceful holding of elections to renew the members of the Union's Legislative and Executive Powers; ensure the authenticity and effectiveness of suffrage and carry out the promotion of the vote and contribute to the dissemination of democratic culture.
The IFE is an autonomous public body, permanent, independent in its decisions and operations, with its own legal personality and assets; It has its domicile in the Federal District and exercises its functions throughout the national territory with 32 delegations, one in each federal entity and 300 subdelegations, one in each single-member electoral district.
Its central organs are: The General Council; the Presidency of the General Council; the General Executive Board and the Executive Secretary.
The general council and its presidency.
The General Council is the highest management body, responsible both for monitoring compliance with constitutional and legal provisions on electoral matters, and for ensuring that the principles of certainty, legality, independence, impartiality and objectivity guide the activities of the Institute. It is made up of a President Councilor, eight electoral councilors of the Legislative Power, representatives of political parties and the Executive Secretary.
The President Counselor must meet the same requirements that are established to be Electoral Counselor and will last in office for seven years. There will be an adviser to the Legislative Power for each parliamentary group and they will attend the sessions of the General Council with voice, but without vote. For each owner, up to two alternates may be appointed. The proprietary and alternate Election Councilors will serve seven years.
The Executive Secretary will be appointed and removed by two thirds of the General Council, at the proposal of the President Director.
Each national political party will designate a proprietary representative and a substitute with voice, but without vote. They may substitute their representatives at any time, giving notice, in due course, to the Chief Executive Officer.
The General Council will meet in ordinary session every three months. Its President may call an extraordinary session when he deems it necessary or at the request of the majority of the electoral advisers or of the representatives of the political parties, jointly or without distinction.
For the preparation of the electoral process, it will meet within the first week of November of the year prior to the ordinary federal elections. From that date and until the conclusion of the process, the Council will meet at least once a month.
In order for the Council to be able to meet, it is necessary that the majority of its members be present, and the President Director must be present. electoral advisers present to preside.
In the event that the majority does not meet, the session will take place within the following twenty-four hours, with the directors and representatives who attend.
The Commissions for the Supervision of the Resources of the Parties and Political Groups; Prerogatives, Political Parties and Broadcasting; Electoral organization; Professional Electoral Service; and Electoral Training and Civic Education, will function permanently and will be integrated exclusively by electoral advisers.
Powers of the general council.
The General Council has the following powers:
a) Issue the internal regulations necessary for the proper functioning of the Institute;
b) Monitor the timely integration and proper functioning of the Institute's bodies;
c) Appoint the Executive Secretary;
ch) Appoint, in the absence of the Secretary, the person who will serve as Secretary of the Council at the session;
d) Appoint the Executive Directors of the Institute;
e) Appoint the presidents of the Local and District Councils and who will serve as executive members of the corresponding boards;
f) Appoint by absolute majority the electoral councilors of the Local Councils;
g) Resolve the merger, front and coalition agreements concluded by national political parties, as well as on participation agreements made by political groups with political parties.
h) Monitor the activities of national political parties and political groups;
i) To watch over the prerogatives of political parties and political groups;
j) Dictate the guidelines related to the Federal Register of Voters;
k) Resolve the granting of registration to political parties and political groups, as well as its losses;
l) Order the General Executive Board to carry out the studies and formulate the projects in order to determine for each election, the territorial scope of the five multi-member electoral constituencies and the capital of the federal entity that will be the head of each one of them;
ll) Approve the model of the Credential to Vote with photography, that of the minutes of the electoral day and the formats of the other electoral documentation;
m) Determine the maximum ceilings of campaign expenses that the political parties may expend in the different elections;
n) Register the electoral platform that the political parties must present for each electoral process;
ñ) Issue the Regulation of Sessions of the Local and District Councils of the Institute;
o) Register the candidacies for President of the Republic and that of senators by the principle of proportional representation; as well as the regional lists of candidates for deputies of proportional representation presented by the national political parties;
p) Register the formulas of candidates for senators and deputies by the principle of relative majority;
q) Carry out the total computation of the election of senators by the principle of proportional representation, as well as the total computation of the election of all the lists of deputies elected according to the principle of proportional representation, make the declaration of validity of the election of senators and deputies for this principle, determine the assignment of senators and deputies for each political party and grant the respective records, no later than August 23 of the year of the election;
r) Inform the Houses of Deputies and Senators about the granting of proof of assignment of senators and deputies elected by the principle of proportional representation, as well as the means of challenge filed
s) To know the quarterly and annual reports that the Executive General Board renders through the Executive Secretary of the Institute;
t) Require the Executive General Board to investigate, through the means at its disposal, events that significantly affect the rights of Political Parties or the electoral process;
u) Resolve the review resources that correspond to it;
v) To approve annually the preliminary draft budget of the Institute proposed by the President of the Council;
w) Be aware of infractions and, where appropriate, impose the corresponding sanctions;
x) Set the Institute's general policies and programs at the proposal of the Executive General Board.
The executive general meeting.
The Institute's General Executive Board will be chaired by the President of the Council and will be integrated with the Executive Secretary and with the Executive Directors of the Federal Register of Electors, Prerogatives and Political Parties, Electoral Organization, the Professional Electoral Service, Electoral Training and Civic and Administration Education; and will meet at least once a month.
The Executive Secretary coordinates the General Board, conducts the administration and supervises the proper development of the activities of the Institute's executive and technical bodies and will last in office for seven years.
At the head of each one of the Directorates of the General Board, there will be an Executive Director, who will be appointed by the General Council.
The organs of the delegations.
In each federal entity, the Institute will have a Delegation, which will be made up of: the Local Executive Board; the Executive Member and the Local Council. These bodies shall have their headquarters in the Federal District and in each of the capitals of the States.
Local executive boards.
The Local Executive Boards are permanent bodies that are made up of the Executive Member and the Members of the Electoral Organization, the Federal Register of Electors, Electoral Training and Civic Education and the Member Secretary. The Executive Member is the one who will chair the Board. The Executive Secretary will assist the Executive Executive in administrative tasks and will substantiate the review resources that must be resolved by the Board. Its members must be officials of the Professional Electoral Service and will meet at least once a month.
Local councils.
The Local Councils will function during the federal electoral process and will be made up of a President adviser, designated by the General Council, who will serve as Executive Vocal, six electoral advisers and representatives of the national political parties. The members of the Electoral Organization, the Federal Register of Electors and the Electoral Training and Civic Education of the Local Board will attend their sessions with voice but without vote. The Board Secretary Vocal, will be Secretary of the Local Council and will have voice but not vote. For each proprietary Electoral Counselor there will be a substitute. The representatives of the national political parties will have a voice, but not a vote.
The Local Councils will begin their sessions no later than October 31 of the year prior to the ordinary election; from its installation to the conclusion of the process. The Directors will meet at least once a month; for them to meet validly, the presence of the majority of their members is necessary; In the event that the majority does not meet, the session will take place within the following twenty-four hours with the directors and representatives who attend, including the President or the Secretary; They will take resolutions by majority vote and in the event of a tie, the President's will be of quality. The Local Councils, among others, have the following powers: to register the formulas of candidates for senators, by the principle of relative majority;make the total count and the declaration of validity of the election of senators by the principle of relative majority, based on the results recorded in the district tally sheets; make the computation of the federal entity of the election of senators by the principle of proportional representation; and supervise the activities carried out by the Local Executive Boards during the electoral process.
Institute bodies in single-member constituencies.
In each of the 300 electoral districts the IFE will have an Executive District Board; an Executive Member and a District Council. The district organs will have their headquarters in the head of each one of the electoral districts.
The District Executive Boards are the permanent bodies that are made up of the Executive Member, the Electoral Organization Members, the Federal Register of Electors, Electoral Training and Civic Education and a Secretary Member. The Executive Member will preside over the Board and the Secretary Member will assist him in its administrative tasks; These Boards will meet at least once a month and will have the attribution to evaluate the fulfillment of the programs related to the Federal Register of Electors, Electoral Organization, Electoral Training and Civic Education; propose to the corresponding District Council the number and location of the boxes to be installed in each of the sections;train citizens who will be part of the polling station boards and present to the District Council for approval, the proposals of those who will serve as electoral assistants on election day. The Executive Members of the District Boards, in their respective areas of competence, will preside over the Executive District Board.
The District Councils will function during the federal electoral process and are made up of a President Councilor who will serve at the same time as District Executive Member; six electoral advisers and representatives of the national political parties. The Members of Organization, of the Federal Register of Electors and of Electoral Training and Civic Education of the District Board will attend their sessions with voice but without vote. The Board Secretary Vowel will be Secretary of the District Council and will have voice but not vote. The six electoral advisers will be designated by the corresponding Local Council, for each electoral adviser there will be a substitute; The representatives of the national political parties will have a voice but not a vote.
The District Councils will begin sessions no later than December 31 of the year prior to the ordinary election. From its installation and until the conclusion of the process, the Councils will meet at least once a month; and in order for them to be validly in session, the presence of the majority of their members is necessary, and if they do not meet, the session will take place within the following twenty-four hours with the counselors and representatives who attend, including the President or the Secretary, taking In its resolutions by majority vote, the President will have a casting vote.
The District Councils have, among others, the attribution to determine the number and location of the polling places; to insaculate polling station officials and monitor that polling station boards are installed; register the formulas of candidates for deputies by the principle of relative majority; carry out the district computations and the declaration of validity of the elections of deputies by the principle of relative majority and the District computation of the election to deputies of proportional representation; to carry out the district computations of the election to senator by the principle of relative majority and proportional representation; as well as to carry out the District computation of the vote for President of the Republic.
Box management boards.
The polling station boards, by constitutional mandate, are the electoral bodies made up of citizens, empowered to receive the vote and carry out the counting and counting in each of the electoral sections into which the 300 electoral districts are divided. As an electoral authority, it is in charge, during the election day, of respecting and enforcing the free issuance and effectiveness of the vote, guaranteeing the secrecy of the vote and ensuring the authenticity of the vote count and computation. They will be made up of a President, a Secretary, two Scrutineers and three general alternates. The attributions of the members of the board of directors are to install and close the box; receive the vote; carry out the scrutiny and computation of the vote; and remain in the box from its installation until its closure.
4. Special procedures in executive directorates (arts. 135 to 172).
1. Federal voter registration procedures.
The Federal Register of Voters is permanent and in the public interest. Its purpose is to comply with the provisions of article 41 of the Constitution on the electoral roll. The documents, data and reports that citizens provide to the Federal Register of Voters will be strictly confidential and may not be communicated or disclosed, except in the case of trials, appeals or procedures or by order of a competent judge. The Federal Electoral Registry is made up of the sections of the General Catalog of Voters and the Electoral Registry.
In the General Catalog of Voters the basic information of Mexican men and women over 18 years of age, collected through the total census technique, is recorded.
The names of the citizens listed in the General Catalog of Voters and of those who have submitted the registration application will appear in the Electoral Roll. Citizens are obliged to register in the Federal Register of Voters and must participate in the formation and updating of the General Catalog of Voters and the Electoral Registry. The IFE must include citizens in the sections of the Federal Register of Voters and issue them the Credential to Vote, which is the essential document for them to exercise their right to vote.
2. Nominal lists of voters.
The nominal lists of voters are the reports prepared by the Executive Directorate of the Federal Register of Voters that contain the names of the people included in the Electoral Roll, grouped by district and section, to whom their Voting Credential has been issued and delivered. Each section will have a minimum of 50 voters and a maximum of 1,500.
The political parties will have at their disposal, for their review, the nominal lists of voters in the offices of the Executive Directorate of the Federal Register of Electors for 20 calendar days from March 25 of each of the two years prior to the holding elections; being able to formulate in writing her observations on the citizens inscribed or unduly excluded from the nominal lists, within the aforementioned period.
In order to keep the General Catalog of Voters and the Electoral Roll up to date, the Executive Directorate of the Federal Register of Voters will collect from the bodies of the federal and state public administrations the information necessary to record any changes that affect it. The civil servants of the Civil Registry must inform the IFE of the deaths of citizens, within ten days following the date of issue of the respective act. The judges who issue resolutions that decree the suspension or loss of political rights or the declaration of absence or presumption of death of a citizen, must notify them to the IFE within ten days from the date of the respective resolution. The Ministry of Foreign Relations must give notice,within ten days from the date naturalization letters are issued or canceled; nationality certificates and receive waivers of nationality.
3. Credential to vote.
The Voting Credential must contain: the federal entity, municipality and locality that correspond to the domicile; single-member electoral district and electoral section where you must vote; paternal, maternal last name and full name; home; sex; age and year of registration; and registration key. As well as a place to file the signature, fingerprint and photograph of the voter; spaces necessary to mark the year and election in question and a printed signature of the Director General of the IFE.
At the latest on the last day of February of the year in which the elections are held, citizens whose Voting Card with a photograph has been lost or has suffered any serious deterioration, must request its replacement before the Federal Register of Electors office corresponding to their domicile.
4. Surveillance commissions.
The Surveillance Commissions are made up of:
a) The Executive Director of the Federal Register of Electors, or where appropriate, the corresponding Members of the Local or District Executive Boards, who will serve as Presidents of the respective Commissions;
b) A proprietary representative and a substitute for each of the national political parties, and
c) A Secretary designated by the respective President, among the members of the Professional Electoral Service with functions in the registry area.
It will also have the participation of a representative of the National Institute of Statistics, Geography and Informatics.
The Surveillance Commissions have the following powers:
a) Ensure that the registration of citizens in the Electoral Roll and in the nominal lists of voters, as well as their updating, are carried out in accordance with the law.
b) Ensure that the Voting Credentials are delivered to citizens in a timely manner;
c) To receive from the political parties the observations that are formulated to the nominal lists of voters;
d) Contribute to the annual campaign to update the Electoral Roll.
The Surveillance Commissions will meet at least once a month and a record will be drawn from each session and must be signed by the attendees.
5.. Bases for the organization of the professional electoral service
Based on article 41 of the Constitution and to ensure the professional performance of the activities of the IFE, through the competent Executive Directorate, the Professional Electoral Service will be organized and developed, which will be integrated by the Body of the Directive Function and the Corps of Technicians. The two bodies will be structured by their own levels or ranges, differentiated from the positions and positions of the IFE's organic structure. The levels or ranks will allow the promotion of the titular members of the Bodies. In the latter, the career of the permanent members of the Service will be developed, so that they can collaborate in the Institute as a whole and not exclusively in their position or position.
The admissions to the Bodies will proceed when the applicant accredits the personal, academic and reputable requirements that the Statute indicates for each of them and has also completed the corresponding education and training courses and practices in the IFE bodies. Likewise, the exam or contest will be access routes to the Bodies, as indicated in the statutory norms.
5. The electoral process (arts. 173 to 272).
The electoral process is the set of acts ordered by the Constitution and the Code, carried out by the electoral authorities, the national political parties and the citizens, whose purpose is the periodic renewal of the members of the Legislative and Executive Powers of the Union.
The ordinary electoral process begins in the month of October of the year prior to the election and ends with the opinion and declaration of validity of the election of President of the Republic; The conclusion will be once the Electoral Court has resolved the last of the challenged means of appeal or when it is known that none was presented.
Stages of the ordinary electoral process:
a) Preparation of the Election. It begins with the first session that the General Council of the Institute holds during the first week of October of the year prior to the ordinary federal elections, ending at the beginning of the electoral day.
b) Election Day. It starts at 8:00 am on the first Sunday of July and ends with the closing of the boxes.
c) Results and declarations of validity of the elections. It begins with the remittance of the documentation and electoral files to the District Councils and concludes with the computations and declarations made by the Councils of the Institute, or the resolutions, which, where appropriate, are issued by the Electoral Tribunal.
d) Opinion and declarations of validity of the election and of the President Elect. It begins when the last of the challenged means of appeal is resolved or when it is known that none were presented and ends with the approval of the Superior Chamber of the Electoral Tribunal, the opinion containing the final computation and the validity statements of the election of President Elect.
1. Preparatory acts for the election.
A. Candidate registration procedure.
The right to request the registration of candidates for popularly elected positions is exclusive to national political parties.
The candidacies for deputies by the principle of relative majority and proportional representation, as well as the senators, also by both principles, will be registered by candidate formulas made up of an owner and a substitute.
For the registration of candidacies, the political party must obtain the registration of the electoral platform that its candidates will maintain throughout the political campaigns; Must appear for registration before the General Council, during the first 15 days of January of the year of the election.
Deadlines and competent bodies for registration, in the year of the election:
a) Deputies by relative majority, from April 1 to 15, by the District Councils.
b) Deputies by proportional representation, from April 15 to 30, by the General Council.
c) Senators by relative majority, from March 15 to 30, by the corresponding Local Councils.
d) Proportional representation senators, from April 1 to 15, by the General Council.
e) For President of the Republic, from January 1 to 15, by the General Council.
Within the three days in which the terms expire, the General, Local and District Councils will hold a session to register the appropriate candidacies.
At the end of the session, the Executive Secretary of the IFE or the Executive, Local or District Members, will make public the conclusion of the registration of candidacies, disclosing the names of the candidate or registered formulas and those who did not comply with the requirement.
The substitution of candidates within the term established for the registration of candidates will be free; once the term has expired, they may exclusively substitute them for causes of death, disqualification, incapacity or resignation, they may not substitute them when the resignation is presented within thirty days prior to the election.
B. Electoral campaigns.
The electoral campaign is the set of activities carried out by national political parties, coalitions and registered candidates to obtain the vote.
Campaign acts are public meetings, assemblies, marches and in general those acts in which the candidates or spokespersons of the political parties address the electorate to promote their candidacies.
Propaganda Electoral, is the set of writings, publications, images, recordings, projections and expressions that political parties, registered candidates and their sympathizers produce and disseminate during the electoral campaign, in order to present registered candidacies to the public.
The expenses they carry out in electoral propaganda may not exceed the ceilings that the General Council agrees for each election. They are included within the spending ceilings, the propaganda expenses (fences, blankets, flyers, banners, sound equipment, political events held in rented places, utilitarian propaganda and other similar); operational expenses of the campaign (salaries and wages of eventual personnel, eventual leasing of movable and immovable property, expenses of transportation of material and personnel, per diem and other similar) and expenses of propaganda in the press, radio and television (messages, advertisements and its similar).
Expenses made by political parties for their ordinary operation and maintenance of their governing bodies and organizations will not be considered within the campaign ceilings.
The General Council, in determining the campaign spending ceilings, will apply the following rules:
a) For the election of the President of the Republic, the maximum limit will be the amount resulting from multiplying by 2.5, the minimum cost for the deputy campaign set for the purposes of public financing, updated to the immediately previous month, by 300 districts, divided between the days that the campaign for deputy lasts and multiplying it by the days that the campaign for President lasts.
b) For the election of deputies by relative majority, the maximum limit will be the amount resulting from multiplying by 2.5, the minimum cost of the campaign for deputies that has been set for the purposes of public financing, updated the previous month.
c) For each formula in the election of senators by relative majority, the maximum cap for campaign expenses will be the amount resulting from multiplying the minimum cost of the campaign for senators that has been set for the purposes of public financing, updated per month immediately prior, by 2.5 and by the number of districts comprising the entity in question. In no case will the number of districts to be considered be greater than twenty.
Inside the offices, buildings and premises occupied by the administration and the public powers, no electoral propaganda of any kind may be posted or distributed.
The electoral campaigns will start from the day after the registration session of candidates for the respective election, and must end three days before the election day. The day of the electoral day and during the previous three days, the celebration or the diffusion of meetings or public events of electoral campaign, propaganda or proselytizing will not be allowed.
During the eight days prior to the election and until the time of the official closing of the voting booths located in the most western time zones of the national territory, it is prohibited to publish or disseminate by any means, the results of surveys or opinion polls. that are intended to publicize the electoral preferences of citizens, and those who do so are subject to the penalties applicable to those who incur any of the types provided for and sanctioned by article 403 of the Penal Code for the Federal District in Matter of Common Jurisdiction and for the entire Republic in Matter of Federal Jurisdiction.
C. Procedure for the integration and location of the polling station boards.
The sections into which the single-member districts are divided will have a maximum of 1,500 voters. In every electoral section, for every 750 voters or fraction, a box will be installed to receive the vote of the resident citizens, if there are two or more, they will be placed contiguously and the nominal list of voters will be divided in alphabetical order.
In the event that the number of citizens registered in the nominal list of voters, corresponding to a section, is greater than 1,500 voters, the number of citizens registered in alphabetical order will be installed in the same place or local. the list, between 750.
When the geographical conditions of a section make it difficult for all the voters residing in it to access the same site, it may be agreed to install several extraordinary polling places in places that offer easy access to the voters.
The procedure to integrate the polling station boards will be as follows:
a) From March 1 to March 20 of the year in which the elections are to be held, the Executive District Boards will proceed to insaculate, from the nominal lists of voters integrated with the citizens who obtained their Photo Credential to vote on January 15 of the same year, to 10% of citizens of each electoral section, without in any case the number of insaculated citizens being less than fifty.
b) The citizens who are selected will be called to attend a training course that will be held from March 21 to April 30 of the year of the election;
c) The boards will make an objective evaluation to select the citizens that are suitable, preferring those with higher education;
d) The General Council, in the month of March of the year of the election, will draw the 29 letters of the alphabet, in order to obtain the letter from which, based on the paternal surname, the citizens who will integrate the polling station boards;
e) With these results, the District Boards will make between April 16 and May 12, a list of those citizens who, having attended the corresponding training, have no impediment to perform the position. From this relationship, the District Councils will imsaculate the citizens who will make up the polling station boards, no later than May 14;
f) On May 15, the District Boards will integrate the polling station directives with the selected citizens, according to the procedure described and will determine, according to their schooling, the functions that each will perform in the polling place. Once the boards of directors have been integrated, the district boards, no later than May 16, will order that the lists of their members be published for all the electoral sections in each district, which they will communicate to the respective District Councils;
g) The District Councils will personally notify the members of the polling station boards of their respective appointment and will take the protest required by article 125 of this Code.
The boxes must be located in places that meet the requirements of: easy access; promote the installation of gates that guarantee secrecy in the casting of the vote; They should not be houses inhabited by public servants, nor registered candidates in the election; not be manufacturing establishments, temples or premises for worship, or premises occupied by schools and public offices.
The District Councils at the proposal of the Executive District Boards will determine the installation of special polling places to receive the vote of the voters who are temporarily outside the section corresponding to their domicile.
Up to five special polling places may be installed in each electoral district. The number and location will be determined by the District Council in attention to the number of municipalities included in its territorial scope, its population density and its geographic and demographic characteristics.
D. Registration of representatives.
The political parties, once their candidates, formulas and lists have been registered, and up to thirteen days before the day of the election, shall have the right to appoint two proprietary representatives and an alternate, before each polling station and general proprietary representatives. They may also accredit, in each of the uninominal electoral districts, one general representative for every ten electoral spaces located in urban areas and one for every five rural electoral spaces. The representatives must carry, in a visible place throughout the electoral day, a badge with the emblem of their party and with the visible legend of "representative". The representatives will receive a legible copy of the minutes of installation, closing of vote and end of scrutiny prepared in the box; if there is no representative,the copies will be delivered to the general representative who requests it.
The representatives will monitor compliance with the obligations set forth in the code and must sign all the minutes that are drawn up, being able to do so under protest, with mention of the cause that motivates it.
E. Documentation and electoral material.
For the casting of the vote, the General Council of the IFE, taking the measures of certainty that it deems pertinent, will approve the electoral ballot model that will be used for the election. The ballots will contain:
a) Entity, district, number of the multi-member district, municipality or delegation.
b) Position for which the candidate is nominated.
c) Colors and emblem of the national political party or coalition.
d) The ballots will be attached to a stub with sheets, from which they will be removable.
e) Paternal, maternal and full name of the candidate.
f) In the case of deputies by relative majority and proportional representation, a single space for each political party.
g) In the case of senators by relative majority and proportional representation, a single space for each political party.
h) In the case of the election of the President of the Republic, a single space for each candidate.
i) Printed signatures of the President of the General Council and the Executive Secretary of the IFE.
j) Space for unregistered candidates or formulas.
The ballots for the election of deputies and senators, will have printed the regional or national lists, respectively, of the proprietary and substitute candidates, that the political parties nominate.
The colors and emblem of the political parties will appear on the ballot, in the order that corresponds to them according to the age of their registration.
There will be no modification to the ballot in case of cancellation of the registration or replacement of one or more candidates, if they were already printed. In any case, the votes will count for the political parties, the coalitions and the candidates that were legally registered before the corresponding General, Local or District Council.
The ballots must be in the possession of the District Council twenty days before the election.
The presidents of the District Councils shall issue to each president of the polling station, within the five days prior to the previous one of the election and against detailed receipt, the nominal list of voters; the list of the representatives of the political parties registered for the polling place; list of accredited general representatives for each political party in the district in which the polling place is located; ballots for each election; ballot boxes to receive the vote; indelible liquid and cancellations or modular elements that guarantee that the voter can cast their vote in secret.
2. Electoral day.
AA Installation and Opening of Boxes.
During the day of the election, in each box, the minutes of the electoral day will be drawn up. At 8:00 am, the citizens, President, Secretary and Scrutineers of the polling station boards appointed as owners will proceed to install the polling station in the presence of the representatives of the political parties that attend. The electoral ballots may be initialed or sealed by one of the partisan representatives before the box designated by lottery. The lack of signature or stamp on the ballots will not be a reason to cancel the votes received. Once this happens, the minutes of the election day are started, filling and signing the section corresponding to the installation of the polling place.
The minutes of the electoral day will consist of the following sections:
a) Installation section. That it contains the place, the date and the hour in which the act of installation begins; the names of the people who act as polling station officials; the number of ballots received for each election; that the ballot boxes were put together or opened in the presence of the officials, representatives and voters to verify that they were empty and that they were placed on a table or place suitable for the representatives of the political parties to see; list of incidents arising and, where appropriate, the reasons for which the box has been relocated.
b) Section of the voting closing.
The members of the board of directors of the polling place may not withdraw until it is closed.
If the box is not installed at 8:15 am, when the President is present, he will designate the necessary officials for their integration, first and foremost, where appropriate, the order to fill the positions of the absent officials, with the owners present and enabling the alternates present for the missing and in the absence of the designated officials, from among the voters who are in the polling place; if the President is not present and if the Secretary, he will assume the functions of President of the box and will proceed to integrate it in the terms already indicated; but if neither the President nor the Secretary were present and if any of the Scrutineers, he will assume the functions of President and will proceed to integrate the box, as already said; if only the alternates were present, one of them will assume the role of President,the others those of Secretary and First Scrutineer, the first proceeding to install the box appointing the necessary officials from among the voters present; if none of the officials of the polling station attend, the District Council will take the necessary measures for its installation and will designate the personnel in charge of executing them and ensuring their installation; when for reasons of distance or difficulty of communications, the timely intervention of the designated IFE personnel is not possible, at 10:00 hours, the representatives of the political parties before the polling station directives will appoint, by majority, the officials necessary to integrate the polling places from among the voters present, having to do this in the presence of a judge or a notary public and in their absence,It will be enough for the representatives to express their agreement to designate, by common agreement, the members of the board of directors, who in any case must fall on voters who are in the polling place to cast their vote, and the appointments should not fall on the representatives of the political parties; in any case, the polling station board will start its activities, validly receive the vote and will function until its closure.You will validly receive the vote and it will work until its closing.You will validly receive the vote and it will work until its closing.
The officials and representatives who acted in the box, must, without exception, sign the minutes.
B) Voting.
Filled and signed the minutes of the electoral day in the section corresponding to the installation, the President of the table will announce the start of the vote. Once the voting has started, it may not be suspended except by force majeure. Voters will vote in the order in which they appear before the polling station board, and must show their Voting Card with a photograph. The Presidents of voting booth will allow to cast their vote to those citizens whose Voting Credential contains sectioning errors, whenever they appear in the nominal list of voters with photograph corresponding to their domicile.
Once the voter is verified in the nominal lists, the President will deliver the ballots of the elections so that he can freely and secretly vote. Voters who cannot read or who are physically handicapped may be assisted by a person they trust to accompany them.
The Registrar of the polling place will write the word "voted" on the nominal list and mark the Voting Card with a photograph of the voter, as well as impregnate his right thumb with indelible liquid.
The representatives of the political parties before the directive tables, will be able to exercise their right to vote in the box in which they are accredited, writing down the full name and the password of the Credential to Vote of the representatives, at the end of the nominal list of voters.
In the special boxes to receive the vote of the voters who are temporarily outside their section, the voter, in addition to displaying his Voting Card, must show his right thumb to verify that he has not voted in another box; the Secretary shall record in the act of voters in transit, the data of the Voter's Credential to Vote; settled the data; the following rules shall apply: a) if the voter is outside his section, but within his district, he will vote for deputies by relative majority and proportional representation, for senator by the same principles and for President of the Republic, the President of the box will deliver the single ballot for the election of deputies, and the ballots for senators and President;b) If the voter is outside his district but within his federative entity, he may vote by deputies of proportional representation, by senator of proportional representation and relative majority and President of the Republic, being given the single ballot for the election of deputy establishing him the legend "proportional representation" or the abbreviation "RP" and the ballots for senator and President; c) if the voter is outside his entity, but within his constituency, he may by deputies and senators by the principle of proportional representation and by President of the Republic, delivering unique ballots for the elections of deputies and senators, establishing the legend "Proportional representation" or its abbreviations "RP" as well as the ballot for the election for President;d) if the voter is outside his district, his entity and his constituency, but within the national territory, he may only vote for senator by proportional representation and for President of the Republic, delivering the single ballot for the election of senators establishing the legend "proportional representation" or the abbreviation "RP", as well as the ballot for the election of the President.
The Secretary shall write down, after the name of the voter, the election or elections for which he voted.
Voting will close at 6:00 p.m. It may be closed earlier, only when the President and the Secretary certify that all the voters included in the corresponding nominal list have voted, and it will only remain open after the hour, when there are still voters trained to vote. After this, the President will declare the vote closed and the Secretary will fill in the section corresponding to the closing of the vote of the minutes of the electoral day, which must be signed by the officials and representatives. The section corresponding to the closing of the vote will contain the closing time of the voting and the reasons why it closed before or after 18:00.
C) Scrutiny and Computation in the Box.
Closed the voting and filled and signed the section corresponding to the minutes of the electoral day, the members of the directive board will proceed to the scrutiny and computation of the votes cast in the box.
The scrutiny and computation is the procedure by which the members of each of the polling station tables determine the number of voters who voted in the polling place; the number of votes cast in favor of each of the political parties or candidates; the number of votes annulled by the polling station's board of directors and the number of ballots left over from each election.
Void vote, is the one expressed by a voter on a ballot that was deposited in the ballot box, but did not mark a single box containing the emblem of a political party or coalition, that of a coalition or that of the emblems of the parties allied.
Leftover ballots are understood to be those that, having been delivered to the polling station, were not used by the voters.
The scrutiny and computation will be made in order, first that of the President of the Republic, then that of senators and at the end that of deputies and will be carried out in accordance with the following rules:
a) The Secretary of the polling station board will count the remaining ballots, making them useless by means of two diagonal lines with ink, he will keep them in a closed envelope, noting on the outside of it the number of ballots it contains.
b) The first teller will count the number of citizens who appear to have voted according to the section's nominal list of voters;
c) The President of the Board of Directors will open the ballot box, take out the ballots and show those present that it was empty;
d) The second teller will count the ballots drawn from the ballot box;
e) The two tellers will classify the ballots to determine the number of votes cast in favor of each of the political parties or candidates and the number of votes that are null;
f) The Secretary shall record, on separate sheets, the results of each of the aforementioned operations and, once verified, shall transcribe them in the respective minutes of scrutiny and computation of each election.
To determine the validity or nullity of the votes, a valid vote will be counted by the brand that the voter makes in a single table that contains the emblem of the political party, coalition or coalition parties; any vote cast differently from that indicated will be counted as void; the votes cast in favor of unregistered candidates will be recorded in the minutes separately.
A count of counting and counting will be made for each election, which will contain the number of votes cast in favor of each political party or candidate; the total number of excess ballots that were unused; the number of invalid votes; list of incidents raised and list of protest briefs submitted by representatives of political parties at the end of the count and computation.
Once the scrutiny and computation of all the votes has been completed, the corresponding minutes of each election will be drawn up, and all those who participated in it must sign.
At the end of the count and computation of each one of the elections, a box file will be formed, with a copy of the minutes of the electoral day; a copy of the final act of scrutiny and computation and the writings of protest that have been received.
To guarantee the inviolability of the documentation, a package will be formed in whose envelope the members of the polling station board and the representatives who wish to do so will sign. Outside the package, an envelope containing a copy of the record of the results of the count and computation of each election will be attached, for delivery to the President of the corresponding District Council.
D) Closure of the Box and Remission of the File.
Concluded the previous operations, the Secretary will record the closing time of the box and the names of the officials and representatives who will deliver the package containing the files.
The certificate will be signed by the polling station officials and the representatives of the parties that wish to do so.
Once the polling places are closed, the Presidents, under their responsibility, will send the packet and dossier files to the corresponding District Council, within the following terms, counted from the closing time: immediately if they are polling places located in the district seat; within the following 12 hours, in the case of urban squares located outside the district seat; and within 24 hours, in the case of rural areas.
3. Acts subsequent to the election and the electoral results.
The reception, deposit and safeguarding of the packages in which the box records are contained by the District Councilors, will be done in the following way: they will be received in the order in which they are delivered by the persons empowered to do so; the President or official authorized by the District Council will issue a receipt, indicating the time they were delivered; the President of the District Council will arrange her deposit; in numerical order of the boxes, placing the special ones separately; in a place within the Council premises that meets the security conditions, from the moment it is received until the day the District computation is carried out; and the President of the District Council, under her responsibility,.it will safeguard them and for this purpose it will order that the access doors of the place where they were deposited be sealed.
A. A) Preliminary Results Information.
The District Councils will make the sums of the vote count and computation of the boxes as they are received and until the legal deadline for the delivery of the packages containing the electoral files. The designated electoral officials will receive the counting and counting minutes and will immediately read aloud the results of the votes that appear in them, proceeding to make the corresponding sum; the Secretary or official authorized to do so, will record these results in the place that corresponds to them in the form intended for it; The preliminary results of the elections in the District must be fixed outside the District Council premises.
B) District computations and the Declaration of Validity of the Election of Deputies of Relative Majority.
The District count of an election is the sum made by the District council, of the results recorded in the vote count and tally minutes, in an electoral district.
The District Councils will hold a session starting at 8:00 am on the Wednesday following the day of the electoral day, to compute each of the elections; being first that of President of the Republic, then that of deputies and then that of senators. Must carry out the calculations successively and uninterruptedly until its conclusion.
The packages containing the records of the election will be opened following the numerical order of the boxes, the result of the vote count and computation, contained in the box record, will be collated with the results that are held by the President of the District council.
The sum of the results of each box, will constitute the District computation of the election of deputies by majority that will be established in the corresponding act; Immediately afterwards, the packages containing the files of the special boxes will be opened to extract the one for the election of deputies, proceeding in the same way as already mentioned. The District computation of the election of deputies by the principle of proportional representation, will be the result of adding the figures obtained in the normal and special boxes and will be recorded in the minutes corresponding to the election of proportional representation; the results of the computation will be recorded in the minutes of the session,the incidents that occur during the same and the declaration of validity of the election and of the candidates' eligibility of the formula that would have obtained the majority of the votes.
Concluded the computation and issued the declaration of validity for the election of deputies, the President of the District Council will issue the Proof of Majority and Validity to whoever had obtained the victory, except in the event that the members of the formula were ineligible.
For the District calculation of the vote for senator, the same operations will be carried out already indicated for deputies; the District computation of the election of senators by the principle of relative majority, will be the result of adding the figures obtained in the normal and special boxes and will be recorded in the record corresponding to that election; the District computation of the election of senators by the principle of proportional representation, will be the result of adding the figures obtained in the normal and special boxes and will be recorded in the record corresponding to the election of proportional representation; The results of the computation and the incidents that occur during it will be recorded in the minutes of the session.
For the District computation for President of the Republic, the same operations will be carried out as for deputy and senator; The District computation of the election of President will be the result of adding the figures obtained in the normal and special boxes and will be recorded in the minutes corresponding to that election and will be recorded in the minutes of the session, the results of the computation and incidents that occur during it.
The Presidents of the District Councils will fix the results of each election at the end of the District computation session outside their premises.
The President of the District Council must integrate the files of the District computation of the election of deputies of relative majority; proportional representation; senators by the principle of relative majority and proportional representation; as well as that of President of the Republic.
Once the files are integrated, they will send them to the competent Electoral Court Chamber, when the corresponding means of challenge have been filed, together with the protest briefs and the respective report, a certified copy of the District computation file and the declaration of validity of the the election of deputies by relative majority; as well as submit, once the deadline for filing the respective challenge to the Electoral Court, the District computation file containing the original minutes and any other documentation of the election of President of the Republic, of the documentation contained in the District computation file, will send a certified copy to the IFE Executive Secretary and when the corresponding means of challenge is filed, a copy will be sent; send to,once the deadline for filing the means of challenge has been met, a certified copy of the Proof of Majority and Validity of the formula of candidates for deputies of relative majority that would have obtained it, as well as a report of the means of challenge that have been filed; of the documentation contained in the District computation file, will send a certified copy to the Executive Secretary of the IFE and when the means of challenge is filed, a copy of it will be sent to both instances; it will send to the Local Council of the entity, the District computation file that contains the original minutes and documentation of the election of senator for both principles, of the minutes and documentation contained in said file, will send a certified copy to the Executive Secretary of the IFE;and must send to the corresponding Local Council with residence in the district head, the District computation file containing the original minutes and certified copies and other documents of the election of deputies by the principle of proportional representation, of the minutes and documentation contained in Said file will send a certified copy to the Executive Secretary of the IFE.
Bibliographies
COFIPE
Editorial electoral law Porrúa
Electoral law in the theoretical and legal framework
Cabo de la Vega, Antonio.
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