The popular election of electoral councilors and magistrates, as proposed by the federal Executive in its constitutional reform initiative in electoral matters, entails risks, among which the preservation of partisan quotas, the subordination of the electoral authorities to the government in power, institutional uncertainty and conditions of political and social instability, warns the Belisario Domínguez Institute of the Chamber of Senators.
In a note titled “Advantages, costs and risks of the popular election of the electoral authorities in Mexico”, he warns that in a context of clear partisan hegemony such as the one that has been configured after the 2018 presidential election, “the possibility that the counselors and magistrates elected by the citizens belong to the party in government is very high, which would once again convert the electoral authorities into entities dependent on the federal Executive power”.
In addition to organizing and holding a federal electoral process in February 2023 to elect all the electoral councilors (seven instead of the current 11) and seven magistrates, as proposed by President Andrés Manuel López Obrador in his reform initiative to 18 articles of the Constitution, would have an economic cost of more than 8,000 million pesos, which “goes against the principle of austerity that the government seeks to incorporate.
“The federal Executive’s proposal offers advantages such as the strengthening of democracy, greater legitimacy of the electoral authorities, as well as possibilities for improvement and institutional innovation as a product of political competition.
“However, this democratic formula that turns referees into players also implies costs and risks that should not be lost sight of in the legislative deliberation process that we are about to witness,” cites the executive investigation carried out by César Alejandro Giles Navarro.
Uncertainty for other institutions
According to the note, “the popular election of the electoral ministries and magistracies entails important risks such as the partial and biased performance of the electoral authorities, the preservation of partisan quotas and, especially, the subordination of the authorities to the government in power.
If this proposal advances, moreover, an uncertain path would be opened for other State institutions, since the same democratic argument could be proposed in the future in technical bodies such as the Bank of Mexico, the (National Institute of Statistics and Geography) INEGI or the Federal Institute of Telecommunications (IFT), putting at risk the economic and political stability of the country”.
The presidential initiative, it establishes, “opens the possibility that the electoral authorities perform in a partial and biased manner in the exercise of their responsibilities, guided more by political calculations than by adherence to legality.
“In that sense, it is noteworthy that the proposal is contradictory in its own terms, since it proposes ‘elect honest and impartial administrative and jurisdictional authorities that stay out of the struggle for power.’
“The adoption of the direct vote for the formation of the electoral authorities not only introduces them fully into the struggle for power, but also makes them judge and party in the electoral contests, which could cast doubt on the objectivity of their resolutions. and eventually weaken them in the framework of a competitive election”, he says.
“On the other hand, the participation of the parties in Congress and of the head of the Executive power in the nomination of the candidacies leaves open the possibility that the electoral authorities may be captured by the political actors that participate in the struggle for power, even with the endorsement of the popular vote.
Hence, he summarizes, “the greatest risk in this sense would be the capture of the electoral authorities by the government in power.
“If today the elections were held to integrate the electoral authorities, it is very likely that the councilors and magistrates with the most votes would be those proposed by the President of the Republic, considering the media exposure and popularity that this figure has, the majorities with which he has in the chambers of Congress and the fact that his party governs in 20 of the 32 states.
They ask to find coincidences in amendment
When asking citizens to follow up on the electoral reform that is being discussed in the Chamber of Deputies, the president of the National Electoral Institute (INE), Lorenzo Córdova, urged legislators to make legal changes by consensus, otherwise the post-electoral conflicts already overcome in Mexico will return.
“The need to build any reform with a broad consensus that prevents majorities and exclusions that, if they occur, will inevitably be the source of problems that we have already overcome today in electoral matters.
“The work of an electoral reform has begun that, if it prospers, hopefully for the good of all, will be the result of a respectful dialogue among all and broad and inclusive coincidences and consensus, an essential condition for the maintenance of our democracy.
“Otherwise, we would endanger a 30-year-old political construction that today is a source of stability and public peace. It is worth following up on the work started in the Chamber of Deputies and paying attention to their agreements”, he said.
In a Sunday message through his social networks, the president of the INE reiterated to citizens and legislators that today “Mexico has accredited and robust electoral institutions.
“A very important collection of technical information and international prestige that has made us a world reference on the organization of the elections and the arbitration of the political contest,” he assured. (Jorge Monroy)
rolando.ramos@eleconomista.mx
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