SCJN endorses coalition governments in Edomex

The plenary session of the Supreme Court of Justice of the Nation (SCJN) did not reach the qualified majority of eight votes to invalidate the amendment to the Electoral Code of the State of Mexico that provides for the signing of a participation agreement to establish the coalition government, challenged by the National Regeneration Movement (Morena) party.

The ministers Norma Piña, president of the country’s highest constitutional court, Alfredo Gutiérrez Ortiz Mena, Luis María Aguilar Morales, Jorge Pardo and Alberto Pérez Dayán voted against the draft sentence prepared by Yasmín Esquivel Mossa, which proposed invalidating the reform promulgated last September 30th.

The ministers Juan Luis González Alcántara Carrancá, Loretta Ortiz Ahlf, Arturo Zaldívar, Margarita Ríos Farjat and Javier Laynez Potisek supported the proposal of the speaker.

Article 74 bis, added to the Mexican Electoral Code and which was not invalidated, establishes:

“In the case of a coalition or common candidacy to nominate candidates for governor or governor, the parties that make it up may sign a specific Agreement that establishes the way in which they will participate in the integration of the branches of the Executive Branch and its agencies. assistants, as well as in the definition of the legislative agenda.

“The Participation Agreement provided for in the previous paragraph must be signed by the candidate for governor or governor and the state leaders of the political parties that make up the candidacy, with the approval of their respective state governing bodies.

“The Agreement must be submitted to the Institute for the purposes of its registration, within the terms established for the registration of coalition agreements or common candidacy, as appropriate.”

Arguing in favor of the meaning of the project under discussion, Zaldívar explained that the local Constitution establishes the power of the governor of the State of Mexico to opt for a coalition government at any time, but already elected.

He specified, however, that the law under analysis establishes that the coalition government agreement is made previously.

Hence, in his opinion, “the source reserved by the General Constitution of the Republic for state constitutions is clearly being affected.

“The state Constitution, I reiterate, establishes a coalition government that can be chosen after the election. The Electoral Law that we are analyzing foresees the possibility of a coalition government agreement prior to the election; They are two different things, both affect the way the state government is organized and, consequently, it seems to me that there is a direct violation of Article 116 of the Constitution.”

On June 4, elections will be held in the State of Mexico to renew the governorship and for the first time the candidates will be able to sign agreements to establish the coalition government.

rolando.ramos@eleconomista.mx