Santamarina Steta

Plan B of the Electoral Reform

Executive Summary

  • On March 2, 2023, the Decree that issues the General Law on the Means of Challenge in Electoral Matters, known as the “Plan B” of the electoral reform, was published.
  • These modifications directly affect the electoral processes of 2024.
  • It is expected that these electoral laws will be challenged through actions of unconstitutionality before the Supreme Court of Justice of the Nation. 

On March 2, 2023, the Decree amending, adding, and repealing various provisions of the General Law on Electoral Institutions and Procedures, the General Law on Political Parties, and the Organic Law on Electoral Procedures were published in the Official Gazette of the Federation. Judiciary of the Federation, and the General Law on the Means of Challenge in Electoral Matters, known as the “Plan B” of the electoral reform, is issued. These modifications directly affect the electoral processes of 2024.

The reforms include a significant restructuring of the composition of the National Electoral Institute (“INE”); a reduction in its budget, number of workers, and closure of various offices; the delimitation of the concept of “governmental propaganda,” opening the possibility of carrying out promotion from the government during electoral campaigns; and the reduction of sanctions to candidates. 

In this regard, the main effects of the reform are the following: 

  • The more remarkable absence of polling station officials and less training for them.
  • Risk of annulling elections for not installing 20% of the necessary polling stations in a district. 
  • Reduction in the number of personnel trained to count votes. 
  • Effects on the organization of elections and citizen participation mechanisms. 

It is expected that these electoral laws will be challenged through actions of unconstitutionality before the Supreme Court of Justice of the Nation, having procedural legitimacy to file it: the National Human Rights Commission, 33% of the legislators of each of the Chambers of the Congress of the Union, the political parties registered with the INE and the INE itself. 

For said reforms to be declared totally or partially unconstitutional, it is required to have a qualified majority of eight votes of the ministers that are members of the Plenary of the Supreme Court. 

Notwithstanding the above, it is essential to mention that the INE promoted an electoral trial against the reforms before the Superior Chamber of the Electoral Tribunal of the Federal Judiciary. 

Authors

Mariano Calderón

Partner

mcalderon@s-s.mx

Jair Vaca

Associate

jvaca@s-s.mx

Alexa Zuani

Associate

alexa.zuani@s-s.mx