SCJN resolved 12 years ago that the transfer of votes is unconstitutional

Twelve years ago, the Supreme Court of Justice of the Nation (SCJN) ruled that the so-called transfer of votes is unconstitutional.

The sentence corresponding to the unconstitutionality actions 61/2008 and its accumulated actions 62/2008, 63/2008, 64/2008 and 65/2008 promoted by the national political parties Convergence, Labor, New Alliance, Rural Social Democratic Alternative and Green Ecologist of Mexico against the Congress of the Union and other authorities, demanding the invalidity of the Decree by which the Federal Code of Electoral Institutions and Procedures (Cofipe) was issued, published in the Official Gazette of the Federation on January 14, 2008, ordered invalidate paragraph V of article 96 of said regulations, which establishes:

“When two or more parties coalesce, the coalition agreement may establish that in the event that one or more parties reach one percent of the national vote issued but does not obtain the minimum required to keep the registry and participate in the allocation of deputies Due to the principle of proportional representation, the necessary percentage will be taken from the vote of the party or parties that have met this requirement so that each one of them can maintain the registry. The agreement must specify the multi-member constituencies in which this procedure will be applied. In no case may it be agreed that the percentage of votes taken for parties that do not manage to keep the record, added to that obtained by such parties, exceeds two percent of the national vote cast.”

The Cofipe was repealed after the promulgation, on May 23, 2014, of the current General Law of Electoral Institutions and Procedures (Legipe), which in its Article 12, numeral 2, provides.

“The right of association of the political parties in the electoral processes to positions of popular federal or local election will be regulated by the General Law of Political Parties.

Regardless of the type of election, coalition agreement and terms specified therein, each of the political parties will appear with their own emblem on the ballot, depending on the election in question; The votes will be added for the candidate of the coalition and will count for each one of the political parties for all the effects established in this Law. In no case can voting be transferred or distributed by means of a coalition agreement.”

rolando.ramos@eleconomista.mx