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ELECTORAL TRIBUNAL OF THE FEDERAL JUDICIAL BRANCH

Introduction

The Mexican electoral justice system has the purpose of guaranteeing a democratic state, subject to the rule law. The Electoral Tribunal is a preeminent institution inside this system, since it is the highest authority on electoral matter and is a specialized organ of the Federal Judicial Branch.

The Electoral Tribunal has the responsibility to supervise that all acts and rulings pronounced by the electoral authorities meet the Constitution and the laws derived from it.

In this document, you will briefly know the Electoral Tribunal organizational structure and responsibilities, as well as the means of challenge provided by the electoral law.

DEVELOPMENT OF THE ELECTORAL JUSTICE

In the last 20 years, the Mexican electoral conflict solving system has passed from a predominantly political character to a jurisdictional nature.

The first electoral tribunal was created in 1987, with the name Tribunal de lo Contencioso Electoral (Court of Electoral Litigation). It was formed as an autonomous administrative body, responsible for solving electoral conflicts derived from elections for representatives, senators and the President of the Republic.

During this stage, the electoral system had a mixed nature, since rulings pronounced by the Court of Electoral Litigation were freely modified by the electoral collegiate organizations belonging to the House of Representatives and the Senate, which were the only bodies that could nullify an election.

In 1990, the Tribunal Federal Electoral (Federal Electoral Tribunal) was created as an autonomous jurisdictional organ. However, the mixed nature of the electoral system prevailed. Rulings pronounced by the Federal Electoral Tribunal could be reviewed and, if applicable, modified by the vote of two-thirds of the Electoral College members present in the House of Representatives or in the Senate, respectively.

In 1993, the Federal Electoral Tribunal became stronger, since the Mexican Constitution defined it as "the highest jurisdictional authority on electoral matter". In addition, the self-definition system, applicable to the elections for representatives and senators, was eliminated. Nevertheless, the election for the President of the Republic remained being assessed by the House of Representatives, which became into Electoral College for this purpose.

In 1996, after a profound constitutional reform, the Electoral Tribunal of the Federal Judicial Branch was created. This Electoral Tribunal was vested with the power to settle appeals against the election results in a final and irrefutable manner.

Besides this, the Electoral Superior Courtroom was vested with the power to settle appeals against the results of the election for President of the Republic, as well as to carry out the final counting-up, in order to declare the election valid and to announce the winner.

In 2007, the Electoral Tribunal was strengthened, when its five regional courtrooms became permanent and due to the responsibility redistribution and the power to order not enforcement of electoral laws that are contrary to the Constitution, making, this way, the Electoral Tribunal the highest authority on electoral matter.

THE ELECTORAL COURTROOMS

THE SUPERIOR COURTROOM

The Superior Courtroom is a permanent organ, headquartered in Mexico City. It is composed of seven electoral judges. Since 1996, the electoral judges are proposed by the Supreme Court of Justice of the Nation and are elected by the two-thirds of the members present in the Senate.

Since 2007, after the constitutional reform, judges shall hold office for a nine-year period, they will be elected in a staggered way.The President of the Superior Courtroom is elected among its members. The President of the Electoral Court holds office for four years, who can be reelected only once.

The Superior Courtroom is responsible for hearing and solving challenges related to the elections for President of the Republic, governors, Head of the Federal District Government, as well as representatives and senators elected through the principle of proportional representation. The Superior Courtroom also hears and solves challenges against acts or rulings pronounced by the main bodies of the Federal Electoral Institute (Instituto Federal Electoral).

In addition, the Superior Courtroom hears and solves claims about infringement of political-electoral rights by decisions taken by the political parties while choosing their candidates for the elections mentioned above and while electing the heads of their managerial national bodies.

REGIONAL COURTROOMS

The regional courtrooms are permanent bodies. Within their jurisdiction, they have the responsibility to hear and solve challenges related to: a) the federal elections for representatives and senators through the principle of relative majority; b) the elections for local deputies and members of the Federal District Assembly of Representatives; c) the elections for public offices in city councils; d) the elections for the heads of the political-administrative bodies located in the Federal District suburbs; e) the elections for several local public servants; and e) acts and rulings pronounced by the decentralized bodies of the Federal Electoral Institute.

The regional courtrooms also hear and solve claims about infringement of political-electoral rights by decisions taken by the political parties while choosing their candidates for the elections mentioned above and their leaders, different to the national ones.

Each regional courtroom is composed of three electoral judges, who are elected through the same procedure followed to elect the Superior Courtroom members.

Currently, there are five regional courtrooms, headquartered in Guadalajara, Monterrey, Xalapa, Mexico City and Toluca. These cities are also the administrative centers of the five electoral districts.

THE ELECTORAL TRIBUNAL RESPONSIBILITIES

According to articles 41, section IV; 60, second and third paragraphs; and 99, fourth paragraph, of the Political Constitution of the United Mexican States, and with the Article 186 of the Organic Law of the Federal Judicial Branch, the Electoral Tribunal has the responsibility to settle, in a final and irrefutable manner, on the following issues:

• I. Dissents against the results of the elections for President of the Republic, representatives and senators.

• II.Appeals against acts and rulings made and pronounced by the federal electoral authority.

• III.Trials of constitutional electoral review of final and firm acts and rulings pronounced by the authorities responsible for organization, assessment or settlement of contestations on the state electoral processes, which may be decisive in the electoral process or could affect the final result of the elections.

• IV.The trials for protection of citizens' political-electoral rights against acts and rulings that infringe the right to vote, the right to be elected, the right to assembly and the right to join a party.

• V.Labor conflicts between the Electoral Tribunal and its public servants, and labor conflicts between the Federal Electoral Tribunal and its public servants.

• VI.To order, in specific cases, no enforcement of electoral laws that oppose the Mexican Constitution.

ACTIVITIES RELATED TO EVALUATION OF THE ELECTION FOR PRESIDENT OF THE REPUBLIC

The ordinary process of federal elections includes the following stages:

• a) Arrangements

• b) Election day

• c) Counting-up and declaration of validity of the election

• d) Declaration of validity of election and announcement of the winner.

Dissent

he Article 50, paragraph 1, subsection (a), of the General Law of the Challenging Means System on Electoral Matter says that a dissent can be lodged to challenge the results of the election for President of the Republic:

• I. Against the results stated in the counting-up documents, against the nullity of the votes received in one or more voting booths or against arithmetical mistakes.

• II. Due to nullity of the whole election.

• A. Regarding contestations against the results stated in the district documents in the election for President of the Republic, the following procedure must be followed:

  Counting-up and declaration of valid election stage

  • · The 300 district councils shall receive electoral documentation from the voting booths installed within their respective electoral district.

  • · The Wednesday following the election day, each one of the 300 district councils shall carry out the counting-up of the election for President of the Republic.

  • · Each district council shall integrate a file with the information about the district counting-up, attaching the minutes submitted by the district committees, the original district counting-up document, a certified copy of the affidavit written during the counting-up session, and a copy of the council chairman's report, informing about the electoral process course.

  • · Once the term for lodging a dissent has expired (four days after the district counting-up ends), the district council shall submit to the Superior Courtroom of the Electoral Tribunal the file and documents indicated in the previous paragraph.

  • · The Superior Courtroom shall receive and hear the dissents that could be lodged against the results of the election for President.

  • · If necessary, the Superior Courtroom shall modify the results stated in the district counting-up document, declaring the election of a specific voting booth void or accepting that there is an arithmetical mistake.

• B. Regarding dissents lodged against rulings that declare the whole election void, the Superior Courtroom must take into account that established in the Article 310 of the Federal Code of Electoral Institutions and Procedures and in Article 55, paragraph 2, of the General Law of the Challenging Means System on Electoral Matter:

  • · On the Sunday following the election day, the General Council Executive Secretary shall inform the Council, in a public session, the general result of elections per party and per candidate, based on the certified copies of the district counting-up documents, without prejudice of the constitutional powers and responsibilities conferred on the Electoral Tribunal.

  • · In the event of nullity of the whole election for President of the Republic, the dissent against such ruling must be lodged at the latest four days after the report mentioned in the previous paragraph is presented.

  • The Superior Courtroom must settle all the dissents before August 31 of the year in which election was carried out.

• C. Opinion, declaration of validity of election and announcement of the winner.

• ·This stage shall begin after that all dissents have been solved, provided that rulings do not nullify the election.

• · At the latest on September 6, in the year when election was carried out, the Superior Courtroom of the Electoral Tribunal shall:

• -Carry out the final counting-up of the election for President of the Republic, adding the results stated in each one of the 300 district counting-up documents.

• -Get the name of the candidate who has obtained the highest number of votes.

• -Declare the election valid after verifying that such election has complied with all formalities and procedures established in the applicable law.

• -Make sure that the winner meets the requirements established in the articles 82 and 83 of the Mexican Constitution.

• -Make a report, which must include the final counting-up, the declaration of validity of the election and the announcement of the winner.

• -Issue the certificate of majority and validity and give it to the winner.

In order to declare the election valid, to announce the winner or to nullify the election, there must be at least six members present in the Superior Courtroom.

Final stage

• · The Superior Courtroom shall notify the Executive Committee of the House of Representatives about the validity of election and the winner on September of the year when the election was carried out.

• · Immediately, the House of Representatives must issue and publish the Solemn Edict announcing the new President of the Republic.

Electoral tribunal jurisprudence

• a) The Superior Courtroom establishes legal precedents in the following cases:

  • -When the Superior Courtroom defends the same criterion for application, interpretation or development of a rule in three sentences that have not been interrupted by a contrary sentence.

  • -When the Superior Courtroom settles a criteria contradiction between two or more regional courtrooms or between a regional courtroom and the Superior Courtroom.

• b) The regional courtrooms establish legal precedents in the following cases:

  • -When they defend the same criteria for application, interpretation or development of a rule in five sentences that have not been interrupted by a contrary sentence, provided that the Superior Courtroom ratifies them.