Electoral Authorities in Mexico

Electoral authorities
in Mexico
Mr. Fernando De la Peza Berríos

Research Professor, Electoral Judicial School
ELECTORAL TRIBUNAL
of the Judicial Branch of the Federation
* \ Conceptual
Authority framework
VJ
of fulfilling some of the
State body that, in the functions of the State
exercise of its related to the organization
functions, issues acts electoral and monitoring
or resolutions that authority ___ of democratic
affect people . _____J. procedures for
access to public
It is the body in charge power (Elections).
Legal nature
Legislative Administrative Jurisdictional Criminal –

electoral
executive
branch
ELECTORAL COURT of the Judicial

Branch of the Federation
Electoral authorities in Mexico at the national level
Electoral Authorities
main attribution
Legislative and Expedition of laws

Chambers of
and
Deputies and administrative
Senators — appointment of electoral officials
Organize, carry out and grade
the elections federal,
Administrative except that of President of the
INE Republic
Guarantee the principles of

constitutionality and legality in
TEPJF
— Jurisdictional the acts and resolutions of the
authorities in subject
electoral; and qualify the election
of president of the Republic
SCJN Jurisdictional
of unconstitutionality
FEPADE
Investigate and chase the
1 ------ Penal
electoral crimes of the federal
order

National Electoral Institute
ELECTORAL COURT of the Judicial Branch of the Federation

Background
• In 1990 , as a result of the reforms made to the Constitution on electoral matters, the Congress of the Union issued the
Federal Code of Electoral Institutions and Procedures (COFIPE) and ordered the creation of the Federal Electoral
Institute (IFE), in order to have an impartial institution that provides certainty, transparency and legality to federal
elections.
• The electoral reform approved in 1994 established the figure of "Citizen Councilors" , personalities proposed by the
party fractions in the Chamber of Deputies and elected by the vote of 2/3 of the members of the Chamber of Deputies.
For their part, the political parties retained a representative with a voice, but without a vote in the decisions of the
General Council.
• In 1996, a new electoral reform was carried out by approving the modification of constitutional article 41, as well as a new
COFIPE . Among the most important aspects of this reform, the reinforcement of the autonomy and independence of
the IFE stands out by completely separating the Executive Branch from its integration and reserving the vote within the
management bodies for citizen councilors.
ELECTORAL TRIBUNAL
Background
• The constitutional reform on political-electoral matters of February 2014 redesigned the Mexican electoral regime and
transformed the IFE into a national authority: the National Electoral Institute (INE) , in order to standardize the
standards with which the processes are organized. federal and local electoral elections to guarantee high levels of
quality in our electoral democracy.
• In addition to organizing federal electoral processes, the INE coordinates with local electoral organizations to organize
elections in the federal entities.

Legal nature and regulatory framework
INE
It is governed by the
principles of:

• Political Constitution of the United Mexican States
• General Law of Electoral Institutions and Procedures
• General Law of Political Parties
• General Law of the System of Means of Challenge in Electoral Matters

Regulatory • Internal Regulations of the IFE (In
framework force at the time of updating this
INE presentation)
• Regulations for the supervision of Political Party Resources

• Radio and Television Regulations
• Statute of the National Electoral Professional Service and the

Personnel of the National Electoral Institute.

Purposes of the INE
▪ Contribute to the development of democratic life.

▪ Preserve the strengthening of the party regime.
▪ Integrate the Federal Voter Registry.
▪ Guarantee the periodic and peaceful holding of elections, as well as
exercise their powers and functions in local electoral processes.
▪ Ensure the authenticity and effectiveness of the vote.
Article 30 of Legipe
ELECTORAL TRIBUNAL
Main tasks of the INE
In federal and local processes:
▪ Popular consultations (verification of requirements, computation, declaration of results) (A.

35.VIII.4).
▪ Electoral training ;
▪ Electoral geography , as well as the design and determination of electoral districts and
division of the territory into electoral sections;
▪ The register and list of voters;

▪ The location of the boxes and the designation of the officials of their board of directors;
▪ The rules, guidelines, criteria and formats regarding preliminary results ; surveys or opinion
polls ; electoral observation ; quick counts; printing of documents and production of electoral
materials ;
ELECTORAL TRIBUNAL
▪ Supervision of the income and expenses of political parties and

candidates.
▪ The INE may organize the elections of the leaders of political

parties.
▪ It is the responsibility of the INE to designate and remove the members of the highest
management body of local public organizations (OPLEs).
Article 41, V, B, a)

Federal processes :
▪ Access to prerogatives;
▪ Preparation of the day;
▪ Scrutinies and calculations in the terms established by law;

▪ Declaration of validity and the granting of certificates in the elections of deputies and
senators;
▪ Computation of the election of President

▪ Popular consultations (A. 35.VIII.4).
▪ The others determined by law.
▪ Manage the State's time on radio and television
▪ Resolve the review resources that are within its jurisdiction in accordance with the
provisions of the LGSMIME
ELECTORAL TRIBUNAL
Electoral
geography
National local District
central organs 300 electoral districts

32 federal entities uninominal
(Deconcentrated bodies) (Deconcentrated bodies)
National

Structure of the
INE
F----------------------------------------------------------------------1
Yo Simplified structure for teaching purposes ELECTORAL COURT of the Judicial
Yo Branch of the Federation
They are collegiate structures of a deliberative and regulatory nature that direct the actions of
Address the INE , they are responsible for ensuring compliance with constitutional, conventional
and legal provisions , establishing guidelines and issuing resolutions in the areas of
competence of the INE.
Executives They are permanent and responsible for carrying out the technical and administrative tasks
and necessary for the operation of the INE. They are in charge of carrying out Institute programs,
supervising compliance with regulations.
technicians
_
Organs
from
the INE Surveillan They supervise and observe the tasks carried out by the Executive Directorate of the Federal
Voter Registry to integrate and keep the Electoral Registry updated . It works through
ce
commissions at the national, state and district levels.
Control
It ensures the proper application of the resources assigned to the INE and guarantees that
public servants comply with the functions granted to them by law.
ELECTORAL TRIBUNAL
President
Advisor
With voice
and vote
Electoral Electoral
advisors advisors
With voice With voice
and vote and vote
Advisors of the
Legislative power
One for each parliamentary
group. Only with voice
Representatives of Representatives of
political parties political parties
Only with voice Only with voice

a) Integration of the General Council
Secretary
Executive
Only with voice
Advisors of the
Legislative power
One for each parliamentary group. Only with
voice
Main powers of the General Council
▪ Monitor that the activities of political parties and groups adhere to the
provisions of LEGIPE.
▪ Ensure that the INE exercises its powers as the sole authority in the
administration of State time on radio and television , for electoral purposes.
▪ Approve the comprehensive calendar for the electoral process , the model
of the voting credential and the electoral ballots , as well as the formats of
the electoral documentation.
▪ Determine the maximum limits on pre-campaign and campaign expenses.

Main powers of the General Council
▪ Resolve on merger, front and coalition agreements of political parties, as well as

participation agreements with national political groups.
▪ Grant or withdraw registration from political parties, independent candidates and political
groups.
▪ Register the electoral platforms and the candidacies for President of the Republic; of
senators by the principle of proportional representation , the regional lists of
candidates for proportional representation deputies ; and additionally register the
formulas of candidates for senators and deputies by the principle of relative majority .
▪ Request the General Executive Board to investigate violations of the rights of political
parties and violations of the federal electoral process; learn about violations; and
impose sanctions.
▪ Resolve the review resources that correspond to it.

b) Presidency of the General Council
▪ Single-person central management body.

▪ Its main function is to guarantee the unity and cohesion of the activities of the
Institute's bodies. To carry out its functions it has the support of technical units (
Social Communication, Affairs Coordination
International and Center for Democratic Development)
Main functions of local and district councils

ELECTORAL TRIBUNAL
▪ Accredit citizens who will serve as electoral observers ;
▪ Register the formulas of candidates for MR senators and
carry out the total calculation and declaration of validity of
Tips said election;
local
▪ Carry out the calculation in each federal entity of the election
of PR senators.
▪ Supervise the activities of local executive boards during the

electoral process.

▪ Determine the number and location of the boxes ;
▪ Insult polling station officials ;
▪ Register observers
electoral candidates, MR candidates and party
Tips representatives.
District
▪ Carry out the district count of the vote for President of
the Republic.
▪ Supervise the activities of the executive district boards

during the electoral process.

d) Box directors
They are electoral bodies made up of citizens . On election day, they are the
most important electoral authorities in the country.
A president
A secretary
They are made 2 Tellers
up of: 3 General Substitutes
Its functions are: install the box ; receive the vote; carry out the counting and counting of
the vote; close the box; and report the results .
In concurrent elections , the General Council of the Institute must install a board of
directors with a single box for both types of elections. The board of directors will also be
made up of an additional secretary and an additional teller .
Basic
Contiguous
Box types:
Extraordinary
Special Article 82 of the Legipe
Executive and technical bodies of the
INE
a) Executive General Board
b) Executive Directorates
c) The Executive Secretary
d) The unit for monitoring the resources of the

Political parties
e) The technical units assigned to the Presidency of the General Council
f) The Units attached to the Executive Secretariat
g) Local and district executive boards

Main functions of the executive and technical bodies of the INE
Board
It is in charge of implementing the general policies and programs of the INE , as
General
well as complying with the agreements and resolutions of the CG.
Executiv
e
▪ Executive Directorate of the Federal Voter Registry. It generates the

necessary conditions for citizens to go to vote on election day.
▪ Executive Directorate of Prerogatives and Political Parties. Monitors the

activities of political parties and groups, ensuring that they exercise their rights and
fulfill their obligations.
Addresses
Executive
▪ Executive Directorate of Electoral Organization. Executes activities related to
the preparation of the election and election day .
s
▪ Executive Directorate of Electoral Training and Civic Education. Prepares and

proposes the INE's civic education and electoral training programs .
▪ Executive Directorate of Administration. Applies the policies, standards and

procedures for the administration of the financial and material resources of the
INE.

Main functions of the executive and technical bodies of the INE 1/4
It is a body that coordinates the General Executive Board; leads the

Secretary administration of the Institute and supervises the proper development of
Executive the activities of the executive and technical bodies
It carries out regulatory , supervision and surveillance functions on the

Unit of origin and application of resources used by political parties, APNs,
Supervision of organizations to which electoral observers belong and citizen
the resources organizations that aspire to register as political parties.
of
the parties
politicians
2/4
Technical units
National Coordination of Social comunication . Perform the

actions related to the dissemination of information about the
activities of the INE.
Attached to Coordination of International Affairs . It disseminates to the

the international community the activities carried out by the INE
presidency regarding the organization of federal electoral processes and the
of the CG promotion of democracy.
Center for Democratic Development. Develops analysis, studies,

research and databases with the aim of providing information elements
to the President Councilor and electoral councilors for internal decision-
making.
ELECTORAL TRIBUNAL
3/4
Technical units
Computer Services Technical Unit . Collaborates in the operation,
modernization, updating and maintenance of computer infrastructures
for the operation of the Institute's tasks.
Legal Address. Directs, coordinates, supervises and evaluates the

Attached to the execution of the regulations applicable to the INE.
Executive
Secretary
Directorate of the Secretariat . Coordinates the preparation and
distribution of documentation in digital media for the sessions of the
General Council and the Executive General Board.
Planning Unit. Proposes the Comprehensive Model of

Planning for the INE

4/4
Coordinate with local electoral authorities , to guarantee their access
to radio and television , and that of political parties, during pre-
Together campaigns and campaigns.
local
executive Supervise the performance of its three committees, as well
as the district bodies.
s
Receive, substantiate and resolve the means of challenge .
Train the citizens who will integrate the MDC ;

Propose to the District Council the number and location of the boxes
Together to be installed by section.
district
Evaluate compliance with programs related to federal voter
executive registration, electoral organization, electoral training and civic
s education.

Control Bodies
General Comptroller
It is responsible for ensuring the proper application of assigned

resources , promoting a culture of accountability and transparency
and guaranteeing that public servants comply with the functions
established by law.

Electoral Court of Power
Judicial of the Federation

Background
Electoral Tribunal of the Judicial Branch of the Federation
• The history of the Mexican electoral judiciary began in 1987 , with the reform of article 60 of the Constitution, by
creating a Court that guarantees legality in the actions of the electoral bodies: the Electoral Litigation Tribunal
(Tricoel) , an autonomous body of administrative nature that replaced the electoral colleges of the Chambers of
Deputies and Senators.
• In 1990 , the legislator created the Federal Electoral Tribunal (Trife) , an autonomous Jurisdictional Body in
electoral matters that had the task of building a professional and responsible institution from the beginning.
• In 1993 , a new change to the Constitution would reinforce electoral jurisdiction by disappearing 'self-qualification'.
Thus, the Court became the highest jurisdictional authority in electoral matters. In addition, a Second
Instance Chamber was created.
In 1996 , a new constitutional reform was carried out which gave rise to the TEPJF , a specialized body of the
Judicial Power and highest jurisdictional authority in the matter.

Background
Electoral Tribunal of the Judicial Branch of the Federation
• From 1996 to 2000 , the TEPJF carried out work that many have described as extraordinary, which successfully
culminated with the historic first judicial qualification of the 2000 presidential election .
• The TEPJF has become an authentic constitutional and conventional Court , which maximizes the political-
electoral rights of citizens in an egalitarian manner and guarantees the democratic principles of any electoral
process.

Legal nature and regulatory framework TEPJF
Maximum jurisdictional authority in the matter and specialized body of the Judicial Branch of the Federation. Its resolutions are final
and unassailable .
Function: ensure that all acts and resolutions of the authorities in electoral matters (federal and local) are subject to the principles of
constitutionality, conventionality and legality .

• General Law of the System of Means of Challenge in Electoral Matters
Regulator • Organic Law of the Judicial Power of the Federation
y
framewor
• TEPJF Internal Regulations
• General Law of Electoral Institutions and Procedures (LEGIPE)
• General Law of Political Parties
— r------------------------------------------------
TEPJF Organic structure of the
5 Regional Rooms
Yo
TEPJF
J.
(----------------------------------
Upper room
It is made up of 7 5 for each constituency and 1 specialized:

magistrates ▪ 1st Guadalajara,
▪ 2nd Monterrey,
▪ 3rd Xalapa,
▪ 4th Mexico City
▪ 5th Toluca, and
▪ Specialized in Sanctions (in CDMX)
Each one is made up of 3 magistrates.
• All judges remain in office for 9 years (Art. 99 of the CPEUM). They are appointed by 2/3 of the
present members of the Senate, at the proposal of the SCJN.
• Its renewal is staggered.

Competence of the Superior Chamber of
the TEPJF
Makes Final count of the presidential election
Declare the non-application of electoral laws that you consider unconstitutional
Faculties
Attraction of matters that you consider important
Establish jurisprudence
Challenges over the final count of the presidential election
Appeal
Appeal for reconsideration
Solve Appeal for review (jurisdictional)

Trial for the protection of the political-electoral rights of the citizen
Electoral constitutional review trial
Labor lawsuits between the INE or the TEPJF and their servants
Imposition of sanctions for violations of constitutional articles: 41, Base III, 134
Competence of the Regional Chambers of the
TEPJF
Declare the non-application of electoral laws that they consider
unconstitutional
Faculties
Maintain criteria for the application, interpretation or integration of
standards
Internal affairs of local political parties, political groups or
associations
Means of challenge in specific cases of your constituency:

• Appeal
They solve • Non-conformity trial
• Electoral constitutional review trial
• Trial for the protection of the political-electoral rights of the
citizen
• In labor matters, the trials that occur between the INE and its
servants, and between the regional chambers and their servants.

Supreme Court of Justice of the
Nation

Legal nature and regulatory
framework
The Supreme Court of Justice of the Nation is the highest body of constitutional control
in the Mexican legal system.
In electoral
matters, he knows
about:
Article 94 of the
CPEUM
• Frame Organic Law of the Judicial Power of the Federation
• normativ Internal Regulations of the SCJN
• e Regulatory Law of sections I and II of article 105 of the Constitution

Organic structure of the SCJN

Competence of the SCJN in electoral matters
They raise the possible contradiction of a general norm or an international

treaty with respect to the Constitution, with the purpose of invalidating said
norm or treaty .
They can be presented by minorities (33%) of the general and local congresses,
the Attorney General of the Republic, and political parties registered with the
Unconstitutionality INE.
Actions
The resolutions of the SCJN may only declare the invalidity of the challenged
regulations if they are approved by a majority of at least 8 votes.
It is the only way to raise the [general] non-compliance of the electoral laws with
the Constitution.
When a thesis of the TEPJF may be contradictory with one held by the
Chambers or the Plenary of the SCJN, any of the ministers, the Chambers or the
Contradiction of thesis parties may denounce the contradiction.
The Plenary Session of the SCJN, within a period of no more than 10 days , will
decide which thesis should prevail.
ELECTORAL TRIBUNAL
Specialized Prosecutor's Office
of Electoral Crimes
(FEPADE)

Background
Specialized Prosecutor's Office in matters of Electoral Crimes
• FEPADE was created on July 19, 1994 , attached to the Attorney General's Office of the Republic , with
technical and management autonomy; This prevents, investigates and prosecutes conduct classified as electoral
crimes in the current legal framework.
• FEPADE carries out various actions to prevent electoral crimes ; has a team of professionals who make known
the legal consequences that may be incurred by a public servant, the militants of a political party, the candidates,
cadres and leaders of political parties, as well as any person who carry out acts constituting crimes in electoral
matters ; Additionally, it prepares and disseminates content so that all citizens have access to information related
to the subject.
• It has a National Electoral Shield Program, consisting of a series of preventive actions through which public
servants are made aware of their political-electoral rights and obligations, and the importance of not using
institutional resources and programs for political purposes.

Legal nature and regulatory framework of FEPADE
Specialized agency of the Attorney General's Office of the Republic , at the level of deputy attorney general,
responsible for dealing in an institutional, specialized and professional manner with matters relating to federal
electoral crimes.
It has technical autonomy to integrate and resolve preliminary investigations related to electoral crimes.
". specialized prosecutor
---------------- designa ratifies Senate of
for the care of
h tes electoral crimes the
Executive Republic
Articles
Federal 17 of the Regulations of the Organic Law of the PGR, 17 of the Organic Law of the FGR and 102, Section
A, of the CPEUM.
_______
_J.
• Political Constitution of the United Mexican States.
• Organic Law of the Attorney General's Office of the Republic and its Regulations.
Frame
• Federal Code of Electoral Institutions and Procedures.
normativ
• e
Federal penal code.
• Federal Code of Criminal Procedures .

Specialized Prosecutor's Office
of Electoral Crimes.
Exercise the attributions prosecution of electoral crimes .

conferred to the Public Ministry of the Exercise coordination with the competent authorities in
Federation in matters of investigation and the development and execution of the federal electoral
crime prevention program.
guiding axes
/ V
PreventionPersecution
'YO J.

▪ Investigate and prosecute electoral crimes (provided for in the General Law of Electoral
Crimes).
▪ Determine the jurisdiction, reservation and non-exercise of criminal action .

▪ File appeals (when necessary) on the resolutions issued by criminal judges for the
commission of electoral crimes.
▪ Intervene in amparo trials or any other procedures related to prior investigations or

respective criminal proceedings .
▪ Order the arrest and, where appropriate, the retention of those likely responsible for the
commission of electoral crimes.
▪ Participate in coordination with the competent bodies, in the preparation and execution
of the federal electoral crime prevention program.

Electoral crimes
Some of the electoral crimes pursued by the Specialized Prosecutor's Office for Electoral
Crimes are:
▪ Vote without having the right.

▪ Put pressure on voters.
▪ Buy or commit the vote.
▪ Restrict the freedom to vote.
▪ Violate the secrecy of suffrage.
▪ Affect the exercise of electoral officials.
▪ Collect voting credentials.
▪ Introduce or remove ballots or ballot boxes and/or destroy them.
▪ Affect programs of the Federal Voter Registry.
▪ Use illicit resources to carry out electoral campaigns.
▪ Induce the electorate, as a minister of religious worship in the development of public acts
specific to his ministry , to vote for or against a candidate or political party, or to abstain.
ELECTORAL TRIBUNAL
Process followed by the Specialized Prosecutor's Office in matters of Electoral
Crimes
1. Beginning
A complaint is filed for the • formal complaint
of the
possible commission of an • Job persecution
preliminary
electoral crime through: • Re-entry
investigation
• The hypothesis is established

2. Integration • The necessary procedures are
of the file carried out
• The investigation is carried out

Process followed by the Specialized Prosecutor's Office in matters of Electoral
Crimes
Incompetence. The power to resolve the investigation

belongs to another body of the Public Ministry
Accumulated. In cases in which the process is against the

3. Determination same person or related crimes, co-participants or a crime
against several people
The Prosecutor's Booking. When the procedures do not result in sufficient

Office resolves as: elements for the consignment and no other procedures can
be carried out.
Non-exercise of criminal action. Once the procedures have

been exhausted, it turns out that the conduct or events do
not constitute a crime.
Exercise of criminal action. When the evidence and

investigation are sufficient to prove the corpus delicti and
probable responsibility.
Justice procurement process followed by the Specialized Prosecutor's
Office
matter of Electoral Crimes
4. Consignment An arrest warrant is If the judge decides to give it as a

gift, a formal prison order is
requested from the judge .
requested .
Once the arrest warrant is completed , the accused is subject to criminal

5. Process
proceedings .
freedom car
6. Sentence
Order of restraint (pecuniary
penalty)
Order of formal imprisonment

Local Public Bodies
Electoral
(OPLE)

Regulatory framework of local electoral authorities
1. Rights and access to the prerogatives of political parties and candidates;
2. Civic education;
3. Preparation for election day;
4. Printing of documents and production of electoral materials ;
5. Scrutiny and calculation in the terms established by law;
6. Declaration of validity and granting of certificates in local elections;
7. Computation of the election of the head of the executive power ;
8. Those not expressly reserved for the INE
(Article 41, V, C) of the Constitution)

Types of local electoral authorities
Administrative Jurisdictional
They are permanent and are in charge of delegations (OPLE) .

organizing elections for They are responsible for judicial control
governor , head of government, local of the acts and resolutions of local
deputies, town halls and administrative authorities (local electoral
bosses courts) .

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Electoral authorities

Mr. Fernando De la Peza Berríos

Legislative Administrative Jurisdictional Criminal –

ELECTORAL COURT of the Judicial

Legislative and Expedition of laws

Guarantee the principles of

ELECTORAL COURT of the Judicial

ELECTORAL COURT of the Judicial Branch of the Federation

ELECTORAL COURT of the Judicial Branch of the Federation

ELECTORAL COURT of the Judicial

• General Law of Electoral Institutions and Procedures

• General Law of Political Parties

• General Law of the System of Means of Challenge in Electoral Matters

• Regulations for the supervision of Political Party Resources

• Statute of the National Electoral Professional Service and the

ELECTORAL COURT of the Judicial

▪ Contribute to the development of democratic life.

In federal and local processes:

▪ Popular consultations (verification of requirements, computation, declaration of results) (A.

▪ The register and list of voters;

▪ Supervision of the income and expenses of political parties and

▪ The INE may organize the elections of the leaders of political

ELECTORAL COURT of the Judicial Branch of the Federation

▪ Preparation of the day;

▪ Scrutinies and calculations in the terms established by law;

▪ Computation of the election of President

central organs 300 electoral districts

ELECTORAL COURT of the Judicial

ELECTORAL COURT of the Judicial

▪ Determine the maximum limits on pre-campaign and campaign expenses.

ELECTORAL COURT of the Judicial Branch of the Federation

▪ Resolve on merger, front and coalition agreements of political parties, as well as

▪ Resolve the review resources that correspond to it.

ELECTORAL COURT of the Judicial

▪ Single-person central management body.

Main functions of local and district councils

▪ Supervise the activities of local executive boards during the

ELECTORAL COURT of the Judicial Branch of the Federation

▪ Supervise the activities of the executive district boards

ELECTORAL COURT of the Judicial

a) Executive General Board

c) The Executive Secretary

d) The unit for monitoring the resources of the

e) The technical units assigned to the Presidency of the General Council

f) The Units attached to the Executive Secretariat

g) Local and district executive boards

ELECTORAL COURT of the Judicial

▪ Executive Directorate of the Federal Voter Registry. It generates the

▪ Executive Directorate of Prerogatives and Political Parties. Monitors the

▪ Executive Directorate of Electoral Training and Civic Education. Prepares and

▪ Executive Directorate of Administration. Applies the policies, standards and

ELECTORAL COURT of the Judicial

It is a body that coordinates the General Executive Board; leads the

It carries out regulatory , supervision and surveillance functions on the

National Coordination of Social comunication . Perform the

Attached to Coordination of International Affairs . It disseminates to the

Center for Democratic Development. Develops analysis, studies,

Legal Address. Directs, coordinates, supervises and evaluates the