The SCJN needs a majority vote to invalidate AMLO’s Plan B (Photo: Cuartoscuro)

He Electoral Reform Plan B It has already been approved by the federal legislature, therefore, it is expected that the opposition will promote more actions of unconstitutionality in the Supreme Court of Justice of the Nation (SCJN), considering unconstitutional; However, what they say is not enough, but rather what the magistrates determine.

It should be remembered that Plan B does not modify the Political Constitution of the United Mexican States (CPEUM), it only modifies the laws General of electoral institutions and proceduresGeneral of Political Parties and Organization of the Judiciarygeneral of social communication, General Administrative Responsibilities; and promulgates the general law on means of contestation in electoral matters.

So that, as the first part was approved, in December 2022, and the second, in February 2023, the members of the Institutional Revolutionary Party (AT), National Action Party (PAN), Party of the Democratic Revolution (PRD), Citizen movement (MC) and the National Electoral Institute itself (INE) have indicated that they will continue to feature these types of resources, i.e. more than those that have already been promoted.

The SCJN will be the one to set the course of Mexico's political-electoral system (Photo: Cuartoscuro)
The SCJN will be the one to set the course of Mexico’s political-electoral system (Photo: Cuartoscuro)

The discussion is enough and the members of the Movimiento Regeneración Nacional (Morena) have devoted much of their time in the media to explaining why Plan B does not violate the Constitution, so that citizens have access to both versions. This is why the criteria of the Supreme Court stand out, who will be the last voice in this discussion.

To understand the process, it is necessary to read the Constitutiononly in his Article 105 specifies that “the resolutions of the Supreme Court of Justice can declare the invalidity of the contested norms only if they are approved by a majority of at least eight votes”.

This means that, to invalidate all of AMLO’s plan B, at least eight of the 11 magistrates who make up the upper chambers they must ratify the unconstitutionality pointed out by Va por México and company. In view of this, it is necessary to observe the indications of the opposition and the defense raised by the ruling party, which the members of the Court are already considering.

There are many points to invalidate or ratify, for example, considering the fact that electoral reform does not consider propaganda to promotion not labeled as such in the budget or by declarations of civil servants making use of their “freedom of speech” or “in the performance of public duties”, the INE argues that “fairness in elections is under attack”.

On the other hand, on this same point, Morena recalls that beyond the right of civil servants to exercise their freedom of expression or the free exercise of their functions as civil servants, people have the right to access information. This means that the SCJN must weigh the rights of candidates during the election period before the rights of citizens and their access to information.

At another point in the disputes, for example, the INE argues that with AMLO’s Electoral Reformthe Electoral Professional Service divided between the INE and the Public Electoral Bodies (OPLE) would be in danger, given that 86% of places two.

However, Morena insists that is not true, since the initiative aims to eliminate duplication of functions and unnecessary bureaucracy. In reality, according to the frosting part, the voices, excesses and duplicities would be eliminated, and at that, affects only 8.56% of the National Electoral Professional Service.

He Article 11 General Law on Electoral Institutions and Procedures (LGIPE) establishes that it is the INE that will define which workers can be redeployed to a new area and, in addition, in compliance with labor rights. Also Section 61 establishes that the Institute shall have local and district bodies; During this time he Section 33 adds that the INE will have the same 32 local bodies and 300 district bodies.

In such a way that the magistrates of the Court must take into consideration all these elements to define the course of the Mexico’s political-electoral system before the elections of 2024, where the presidency of the republic, the Congress of the Union and nine federative entities will be renewed.

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