* There was no anticipated act of campaign, concludes the Court. * Attended as a guest by a third person.
Alfredo Quiles| CN COLIMANOTICIAS
Colima, Col.- The State Electoral Court declared the “nonexistence” of the violation of the Electoral Code by the now candidate for Governor Indira Vizcaíno Silva and the Morena and Nueva Alianza Colima political parties, due to anticipated acts of campaign, propaganda Election in a prohibited place and use of public resources as Indira Vizcaíno attended the donation of anticovid drugs made by a private person to the IMSS.
And it is that the Force for Mexico Party (FxM) presented a complaint to the judicial electoral body (file PES-01/2021) against Indira Vizcaíno Silva and the political parties Morena and Nueva Alianza Colima, for anticipated acts of the campaign and improper use of public resources.
It is worth mentioning that the complainant (Fuerza por México) pointed out that on February 3, Indira Vizcaíno Silva, in her capacity as pre-candidate for the Governor of the State of Colima for the political parties Morena and Nueva Alianza Colima “carried out electoral proselytizing projecting her image before the campaign period ”, which implied“ anticipated campaign acts, electoral propaganda in an inappropriate place (government building) and the use of public resources ”, this because he attended the IMSS offices to make a donation of the drug called“ Norepinephrine ” to treat the disease caused by the SARS-Cov-2 virus and posted it on his Facebook profile.
According to Fuerza por México Indira Vizcaíno carried out electoral propaganda in public offices in the aforementioned terms, likewise improperly projected her image, used the logo, the IMSS flag, and public servants of this institute attended.
“He used public resources, because the drug is a non-tradable object that belongs to the health sector provided by the State, as can be seen in various electronic addresses. Which, according to the complainant, transcended the population of the State of Colima and sought to position itself in the electoral preference, because the accused publicly stated that she wants to be Governor of the entity.
In the opinion of this Court, “the existence of the denounced events is not proven,” because the evidentiary wealth “does not show any means of conviction to prove it”, that is, “it is not proven with any evidence that the defendant has attended to the IMSS offices to donate the referred medicine, because contrary to this, there is a means of conviction that proves that Indira Vizcaíno Silva did not make the donation and only attended the place to accompany a third person “.
The State Electoral Court warns that “it is evident that the text does not contain an expression that contains calls to vote against or in favor of a candidacy or a party, or any text requesting any type of support to contend in the electoral process for any candidacy or for a political party.
“Contrary to this, only the gratitude that the denounced makes for the invitation to a private act of a third party, as well as his reflection to take care of us due to the pandemic caused by the SARS-CoV-2 virus, through the hashtag10 # StayAtHome, registered in your personal social network.
“Hence, the fact that the accused publishes content through her social network Facebook, where she expresses gratitude and an invitation to take care of herself, is a spontaneous act, typical of social networks, which must be protected under the protection of the exercise of freedom of expression and information, which must be maximized in the context of political debate ”.
Therefore, the State Electoral Court declared “the non-existence of the facts denounced and, consequently, of the violation that is the object of the complaint presented by the national political party Fuerza Por México against Indira Vizcaíno Silva and the political parties Morena and Nueva Alianza Colima, for anticipated campaign actions, electoral propaganda in a prohibited place and use of public resources ”.
