People in preventive detention (PPP) have the right to vote, which must be guaranteed in the 2024 elections, reports an investigation by the Belisario Domínguez Institute of the Senate.
“The judgment of the accumulated files SUP-JDC-352/2018 and SUP-JDC-353/2018 recognized the right to vote of the PPPs, and ordered the (National Electoral Institute) INE to design and implement a pilot test, in order to guarantee this right as of the 2024 elections, as well as inform the federal and local Legislative powers.
“The voting model developed by the INE for the PPP vote only regulated the pilot test for the 2020-2021 federal electoral process. However, for the 2024 and subsequent elections, there is still no general voting model or regulatory framework for its preparation,” the report states.
It should be remembered that the Congress of the Union approved, as part of “plan b” of electoral reform, adding article 284 Bis to the General Law of Electoral Institutions and Procedures (Legipe), which establishes:
“1. The vote of people in unofficial pretrial detention will be held in prisons where, in accordance with security measures, there are conditions for this purpose. The Institute will provide what is necessary to guarantee it (sic) as a universal, free, secret, direct, personal and non-transferable act, as well as its exercise without electoral pressure or coercion.
“2. The vote referred to in the previous paragraph will be issued by ballot and envelope, within 15 days prior to the day of election day.
To date, Argentina, Costa Rica, Ecuador, and Spain have regulations that guarantee the right to vote for people in pretrial detention.
The “Findings Report of the First Electoral Exercise 2020-2021”, prepared in August 2021 by the “Observatory of Elections and Political Rights in Prison: Free to Choose”, cites the study, detected that, taking into account that the model used establishes the sending of ballots in postal format and in advance of election day, the information contained in the materials was limited and did not consider the isolation of the PPPs.
rolando.ramos@eleconomista.mx
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