GlobalThe electoral process is voidable

The electoral process is voidable

In the few months left of this six-year term, I don’t think it will improve for the better. Certainly, AMLO and his people can still do some damage, mainly in the electoral sphere. Despite their action, the fundamental public institutions resisted.

At the height of the political campaigns, one thing is certain: the electoral process is voidable, enough defects have occurred for such a declaration to be made.

The fault is not attributable to the Morena candidate. It is very limited, I give an example: it asks voters, among other things, to give it enough votes to reach two-thirds of the deputies, of the senators to the Congress of the Union and of the state legislatures. It is understood that this percentage is required in the chambers to be able to reform the political Constitution at will.

But why do you want two-thirds of the state legislatures? Do you intend to form a new state within the limits of the existing ones? Which is the only case in which that special majority is required (article 73, section III).

The electoral authorities responded to AMLO. They informed him that they are bringing together the illegalities that he is carrying out in the electoral process; This, obviously, with a view to its eventual annulment. They must understand, of course, both those he carried out in the pre-campaign stage and those that he is carrying out to favor Claudia, his candidate, and to harm Xóchitl Gálvez, his opponent.

We must recognize that there has never been a president as meddlesome as AMLO. It was not even Vicente Fox, whom he silenced with the famous phrase: “Shut up, chachalaca.”

Lopez Obrador. Interference in the electoral process. Photo: Octavio Gómez

At this moment AMLO and Morena have already done enough for the electoral process to be annulled. If they are realistic: what is the point of them continuing to spend more money and fighting to get more votes, if they have already given reason for the process to be annulled.

Thanks to the crude and unfortunate interventions of AMLO and the excessive expenses incurred by Morena, the Green Party and the Labor Party, the situation is adverse for Claudia Sheinbaum. In a scenario in which she is victorious in the election, there would be more than enough elements to demand the annulment of the electoral process regarding the Presidency of the Republic.

The same cannot be stated regarding a scenario in which Xóchitl Gálvez is victorious. Morena and her accomplice, until now, have no evidence to demand the annulment of the election.

During the validity of the Political Constitution of 1917, an election has never been annulled. There is no precedent to serve as a model. This possibility is contemplated in the new regulatory framework. Current legislation allows and regulates it.

By constitutional provision (article 99, section II), the Superior Chamber of the Electoral Tribunal of the Judicial Branch of the Federation is competent to hear challenges to an election of the President of the Republic.

There is talk that, when the time comes, that Superior Chamber would be unable to exercise the jurisdictional function conferred on it, because there are only five magistrates and six are required to do so. Those who affirm this do not take into consideration what is provided in the third paragraph of 167 of the Organic Law of the Judicial Branch of the Federation:

“In the event of a definitive vacancy, a new magistrate will be appointed, who will remain in office for the remaining time of the original appointment. In this case, while the respective election is being made, the absence will be made up for by the Regional Chamber magistrate with the greatest seniority, or, where appropriate, the oldest if there are matters of urgent attention.”

In this case, the negligence of the Senate, in bad or good faith, cannot result in detriment to the public functions entrusted to the Superior Chamber of the Federal Electoral Tribunal. In public law, no one can prevent a Power or a Public Body from exercising a power or attribution that has been expressly conferred on it. The transcribed precept would be applicable with a view to the principles of analogy and majority of reason. The previous criterion is corroborated by article 17 of that same law.

The nullity can be declared for defects that have arisen before and during the electoral process; and, why not, also regarding impediments that some of the candidates have to occupy the position, as is the case of Claudia Sheinbaum.

The electoral process is voidable
Sheinbaum. Adverse situation. Photo: Octavio Gómez

The resolution issued by the electoral tribunal, regardless of how it is integrated or what its meaning is, is final and unassailable. The Supreme Court of Justice of the Nation and the remaining federal courts lack jurisdiction to review it or to hear this matter. The fate of Mexico’s democratic institutions, like never before, is in the hands of the magistrates who make up the electoral court and in their high sense of duty. They can’t fail us.

“…in the actions of all men, and especially of princes, where there is no court of appeal, the result is taken into account. Let a prince seek, therefore, to conquer and preserve his State; The means will always be judged honorable and praised by all because the vulgar are carried away by appearances and the results of things, and in the world there is only the vulgar…” (N. Machiavelli, Of principalibus, chap. XVIII, 23 and 24).

AMLO and Morena, no matter how hard they tried, because they had dedicated themselves to spending their gunpowder on hell, they did not have enough time to control the Superior Chamber of the electoral court. They do not know what to expect from the magistrates who comprise it.

I do not believe that at the height of the electoral process they will be able to control the majority of their members. Furthermore, despite the offer he made that there would be no homing pigeons or threatening hawks, the truth is that there were both. One of them, apparently, is turned into an ominous vulture: a former president of the Supreme Court.

By constitutional mandate there is a procedure to follow: first, the challenges that arise in relation to the electoral process must be resolved and then the votes cast must be counted. In that virtue, as long as the challenges are not resolved, AMLO, Morena and Claudia Sheinbaum cannot claim to have won, despite having calculations that apparently give them victory.

The intervention conferred on the Chamber of Deputies in section I of article 74, to issue the Bando to make the president-elect known throughout the Republic is a declarative act that, although solemn, is of a secondary and derivative nature. ; It has no constitutive effects. It no longer has the characteristic of being decisive and definitive that it was for a long time. The issuance of this declaration is subject to the Electoral Court issuing its resolution, and determined by its meaning.

In that context, it does not matter that Morena and its allies control the majority of the members of the Chamber of Deputies. The Solemn Side cannot be issued autonomously nor can it alter the meaning of what the electoral court resolves.

The electoral process is voidable
Morena and allies, in the crosshairs of the electoral authority. Photo: Miguel Dimayuga.

In the event that Xóchitl wins, the morenos and their acuaches from Labor and Green cannot invoke their own excesses or errors to request the annulment of the electoral process: Nemo auditur propriam turpitudinem allegans (Do not listen to those who claim their own clumsiness).

At this point, not even crying is good. There is no going back. May AMLO and the brown people continue to violate the law more and more; that they get dirtier, in the end that they no longer have a clean part left to stain. Follow the biblical advice: “Let the unjust continue committing injustice and the stained continue to be stained…” (Revelation, cp. 22, v. 11, Jerusalem Bible).

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