Decree to Promote Revocation of Mandate does not apply for this cycle: TEPJF

The Electoral Tribunal of the Judiciary of the Federation (TEPJF) considered that the decree approved last Thursday allowing public servants to disseminate and promote the consultation and which was published in the Official Gazette of the Federation (DOF), is not applicable for the Revocation of Mandate to be held next 10 of April and for the electoral processes that are already under way.

The Specialized Chamber of the Tribunal ruled that it cannot be applied at this time, since it would be contrary to the temporality established in Article 105 of the Constitution, which states that amendments to the electoral rules must be approved and published at least 90 days before the start of the elections or in this case, the Revocation query, which did not happen.

“This specification of the scope of the concepts referred to in the decree is fundamental and therefore should not apply to the electoral processes that have already started because then the application of the principles governing these elections could be altered, at least that of certainty, which implies that all people who are going to participate actively in the proceedings and those who are going to vote must be very clear,” said the presiding judge of the Chamber, Rubén Lara.

He explained that if the decree is applied in the current electoral processes, it would alter the certainty of which rules they are subject to, to which they will be subject and which will determine the routes of these processes, as well as those of legal certainty, legality and the non-retroactivity of the norms.

The considerations explained by Lara were supported by the other two judges of the Specialized Chamber. “It seems to me that there is a very clear constitutional determination in article 105, which relates to the fact that electoral laws cannot be changed within 90 days prior to or before the start of the electoral process in which they will be applied,” the president argued.

“This new interpretation, this determination of the scope, having been approved and having entered into force when electoral processes have already started in some entities, could not then govern the development of this electoral phase,” Lara said.

For her part, Judge Gabriela Villafuerte pointed out that “the validity of this decree, which is as of today (Friday), does not meet the requirement of certainty about the rules that must operate in the electoral processes that were already underway. It is valid, as of today, but it is not applicable for the revocation of the mandate that is in progress,” he clarified.

It should be recalled that last Thursday, the plenary session of the Senate of the Republic approved with 67 votes in favor, 34 against and zero abstentions, the opinion allowing officials and legislators to disseminate and promote the Mandate Revocation Consultation that will take place on April 10.

With shouts and shouts, Senators de Morena and their allies endorsed the ruling which considers that the dissemination of the consultation does not constitute government propaganda.

The so-called “decree” establishes an interpretation in the General Law on Electoral Procedures and the Federal Law on the Revocation of Mandate, so that the opinions and actions of public officials regarding the Revocation of Mandate are not considered as government propaganda.

After what happened in the Senate, the leader of the National Action Party (PAN), Marko Cortés, confirmed that he will file an action of unconstitutionality before the Supreme Court of Justice of the Nation (SCJN) to stop the decree.

Through his social networks, he said that what was done by Morena and her allies only shows that Mexico is under an authoritarian regime that responds to the instructions issued by the National Palace to benefit President Andrés Manuel López Obrador.

He also stated that the “decree” is a “serious blow to democracy”, since it is something illegal, even described by the Constitution.

“Changing the rules of consultation in full consultation is completely unconstitutional, illegal and immoral. It is a serious blow to democracy,” he emphasized while clarifying that the PAN will bring an action of unconstitutionality, different from the one that will be brought by the legislative groups of the Va X Mexico coalition.

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