:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/Y5YTPS27JNFQZAFBGDY2Z5NN4U.jpg "Plan B: AMLO electoral reform will advance in the Senate, but “eternal life” divides Congress")
united commissions interior and constitutional points released their draft opinion on the second half of the AMLO Plan Bwhere they do not recognize the modification of the Chamber of Deputies in relation to the “eternal life” clause political parties with weak electoral power; however, the rest of the project will move forward.
Judicial reform: time limit for SCJN to resolve unconstitutionality claims
Due to AMLO’s Plan B, PAN Senator Damián Zepeda proposed setting a time limit of up to 90 calendar days for the Court to resolve constitutional controversies
The resolutions of the draft decree specify that the Senate “does not approve the modification made to the Article 12 of the General Law on Electoral Institutions and Procedures by the Chamber of Deputies approved on December 15, 2022, for non-compliance with the provisions of Section E of Article 72 of the Political Constitution of the United Mexican States (CPEUM)”.
The rest of the Project, drawn up by the mixed commissions, will be transmitted to the Administrative Council of the Senate of the Republic and the Chamber of Deputies will be informed of the determination of the commissions. In this regard, it turned out that this decision was made in this way because, as the original Chamber, the deputies had approved the said clause when they approved the initiative in ExpresswayTherefore, the changes that were made the second time they checked the reform only apply if they are applicable in the changes made by the Senate.
The eternal life clause, referred to in the Electoral reform promoted by the president Andres Manuel Lopez Obrador (AMLO), stresses that large parties will be able to transfer part of their votes to the small parties they have in their alliance or coalition so that they can maintain their registration as a political party. This clause was condemned by the parliamentary opposition, which maintained that it was a ruse so that the satellite parties could continue to live off the prerogatives of the state.
After pressure from opposition leaders in the Senate, the discussion of plan B will be brought forward one day
This is the ‘eternal life clause’ and will be the only change that can be made to the round of electoral reforms approved in December 2022
This means that, if this clause is approved, the vote of direct representation would be violated, since the permanence of the parties must be attributed entirely to the will of the citizens; notwithstanding, the promoters of the Fourth processing (4T) in the Senate defended this legal change.
For their part, opposition parties have said they will continue to file constitutional controversies and unconstitutionality actions whenever any of the amended laws violate the provisions of the Political Constitution of the United Mexican States (CPEUM). So one would expect that, if this part of the initiative were to be approved, the opposition would go to Supreme Court of Justice of the Nation (SCJN) challenge the “eternal life” to unpopular parties.
Minister Alberto Pérez Dayán will analyze the challenges of Electoral Plan B
The Member of the Court will shortly have to determine whether the appeals of unconstitutionality presented by the opposition parties meet the legal requirements
In this context, it should be remembered that “eternal life” is not a new mechanism, since this mechanism is used in local electoral processes; however, this amendment to the General Law on Electoral Institutions and Procedures (LGIPE) is not being considered federally or approved between the entities, which is why she had been advocated for this initiative.
Recall that, in a press conference, the leaders of the “containment bloc” had presented their points of view, where they recognized that National regeneration movement (Morena) and their allies in the Senate (PT, PSE and PVEM) have the necessary simple majority to approve the initiative, for which they underlined their wish that this initiative be ratified by the Chamber and thus be able to seize the Court to challenge it .
Other Features to Look for in the AMLO Plan B is that the claims relating to the “eternal life” clause are not directly linked to the actions of unconstitutionality promoted by the opposition and the National Electoral Institute (INE), given that the changes in the legal framework of the Political-Electoral Reform are so significant that PRI, PAN, PRD, MC and the decentralized body have already promoted their own resources.
In this regard, the SCJN must deal with these appeals, assess the alleged violations and, as a result, render a final and irrevocable judgment on the Electoral reformthis is why different political actors have come forward to provide an approximation of the discussions that will take place within the Supreme Court.
Some of the figures who entered into an ideological clash were garcia hamlet against Lorenzo Córdova, who had a different opinion regarding the legal discussion that will take place at the SCJN. On the one hand, Córdova sees that Plan B encourages the impossibility of reliable and transparent elections, in addition to the territorial presence of the INE is reduced both in modules and in the installation of boxes. On the other side of the spectrum was the MP for Morena, who mentioned that with these budget cuts and with imagination, the INE could operate efficiently without representing a greater expense.