By declaring the “unconstitutionality and inapplicability” of an article of the local electoral code, the Superior Chamber of the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) modified the allocation of deputies by proportional representation.
In a new discussion of the constitutional articles (54 and 116) that determine the limits of over-representation and under-representation for the allocation of plurinominal seats, the magistrates discussed whether this should be done by party or coalition. In the end, by three votes in favor and two against, the first option was confirmed, that is, based on what each political institute obtained.
In the project prepared by the committee of magistrate Felipe Fuentes, the Green Party was found in favor of challenging the criteria of the local court and then of the Regional Chamber of the TEPJF based in Mexico City.
“As to the merits, the grievance is considered well-founded, since the responsible Chamber made an erroneous interpretation that does not take into account the constitutional bases provided for in article 116 of the federal constitution, of the rule for the allocation of purinominal deputies contained in sections f and g of article 131 of the local electoral law.”
For this reason, he adds, “since the rules provided for by local law are inapplicable and considering the proximity of the installation of the Puebla Congress in the proposal, the allocation of seats is made by the principle of proportional representation, so once the corresponding formula is run and the limits of over and under representation are established, the 15 seats are assigned as follows: to the PAN, 5; to the PRI, one; to the PVEM, one; to Movimiento Ciudadano, 1 and to Morena, 7.”
Fuentes said in his presentation that “no party reaches the maximum limit of 26 seats; in that sense, he considered that what we are proposing would not become unconstitutional or illegal either. On the contrary, it corrects a distortion in which the Regional Court incurred, and by the way, we are proposing to correct the distortion of the local court as well.”
The presiding judge, Mónica Soto, said that she agrees with the project because “it is in accordance with the interpretation that we have recently given, where it has been made very clear that the interpretation in this case is by political party and not by coalition. What gives legal certainty is to reiterate the criteria that we have assumed and especially in this electoral process.”
Judges Reyes Rodríguez and Janine Otálora spoke out against the measure, with different approaches.
The first recalled that the “coalition headed by Morena” won all the districts, hence it would not be entitled to the proposed number of plurinominal seats. Otálora added that the Puebla system considers coalitions and common candidacies for this distribution.
In the end, with a 3-2 vote, it was also ordered that the Supreme Court of Justice be informed of the declaration.
The new assignment came from this Superior Chamber of the TEPJF because the local legislators of Puebla take office on September 15.
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– 2024-09-15 13:29:07
