The Higher Chamber of the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) is planning to confirm the criteria of the National Electoral Institute (INE) for the allocation of plurinominal seats.
In the midst of an unprecedented scenario of 5,317 challenges to the INE agreement, a draft resolution by Felipe de la Mata that will be voted on today proposes declaring unfounded
I inoperative
all the arguments and requests of the opposition (PAN, PRI and MC), such as that of making the distribution based on the votes of the coalitions and not on what each party obtained.
This claim is unfounded, because no constitutional provision requires Congress to consider coalitions when calculating overrepresentation, so the alleged omission does not exist.
As regards the fact that the INE incorrectly applied the limits of overrepresentation, the reporting judge concludes that the allegations are based on erroneous premises, since although the election system is mixed and, therefore, There may be distortion
the latter is subject to constitutional limits.
Neither the Constitution nor the electoral law require that the weight of the vote be the same. Precisely because mixed systems allow differences in attention to the predominantly majoritarian system
he said.
As for the INE having to see Article 54 of the Magna Carta in a teleological and systematic manner and not in a letteristic way, it made it clear that The literal and historical interpretation of the proportional representation system and the limit on over-representation allow us to conclude that the verification of this is by political party and not by coalition.
and this has been the case since 2009, he said.
He also stressed the importance of the principle of certainty, that is, that the rules of competition were clear before the election, so It is inappropriate to expect changes after
.
He explained that the Constitution is specific in that the limit of overrepresentation is eight points of the percentage of national votes cast; therefore, To give the actors the benefit of the doubt would imply inserting a rule that has never been applied, in clear violation of the principle of legal certainty.
He added that the INE did consider the seats obtained by Morena’s allies (Verde and PT) to calculate the overrepresentation.
Regarding the claim that minority parties will be left defenseless in filing constitutional actions, because to do so they need to reach a total of 33 percent of the Legislature, he responds that this matter will be related to the performance of the parliamentary function and the decision of the Supreme Court.
Yesterday, the magistrates received party groups and leaders in their offices, the day before the session on Wednesday, in which the plenary session of the upper chamber will definitively resolve all pending issues related to the distribution of seats and proportional representation seats.
Other judges will present projects related to the Senate, in particular regarding the request to declare Ricardo Anaya (PAN) and Javier Corral (Morena) ineligible.
Most of the 5,317 appeals are lawsuits for the protection of citizens’ rights, encouraged by the former opposition presidential candidate, Xóchitl Gálvez, in an identical document made available to her supporters to take to the electoral authorities.
#TEPJF #plans #ratify #majority #San #Lázaro
– 2024-08-31 23:01:26
