TEPJF dismisses complaint against Marcelo Ebrard for early campaign acts

The Superior Chamber of the Electoral Tribunal of the Federal Judiciary (TEPJF) dismissed a complaint against the Secretary of Foreign Affairs, Marcelo Ebrardfor presumed pre-campaign and campaign acts, as well as improper use of surveys and dissemination of false news.

The Court confirmed, by unanimous vote of the magistrates, the agreement of the Technical Unit for Electoral Litigation of the National Electoral Institute.

Last November, a citizen filed a complaint against Marcelo Ebrard and electronic pages, for the dissemination of surveys that allegedly positioned the Secretary of Foreign Relations as the person with the most support both in Morena’s militancy, and among citizens in general, ahead of the 2024 presidential election.

At the proposal of Judge Mónica Soto, the plenary session of the Superior Chamber pointed out that the Technical Unit of the INE it did found and motivated the dismissal of the complaint, since it considered that the denounced behaviors did not constitute a violation in electoral matters.

The foregoing, since the publications in question were due to exercises of opinion and freedom of expression, with respect to which no evidence to the contrary was provided, and because such publications are not subject to the regulations applicable to surveys and polls, since they still The presidential electoral process is not underway.

It indicated that the rejection did not imply a substantive study, since it corresponds to the Specialized Regional Chamber of the Court.

BC Governor violated principles of impartiality

The Superior Chamber of the Court, by unanimous vote of the magistrates, confirmed that the governor of Baja California, Marina del Pilar Ávila Olmeda, committed an offense for her attendance and participation in a proselytizing event held on May 23, 2022.

The matter originated from a complaint filed by the National Action Party against the governor for her alleged participation in a proselytizing event in which she expressed her support for Alma Vitela, then a candidate for governor of Durango in the 2021 electoral process. -2022.

In this regard, the Specialized Regional Chamber declared the infraction to exist. Dissatisfied, the governor went to the Upper Room.

Candidates can proselytize

When analyzing the case of Coahuila, the plenary session of the Electoral Tribunal of the Federal Judiciary determined that if a party has a single candidacy, it can approach the militancy as long as it does not engage in anticipated campaign acts.

Morena consulted the General Council of the Electoral Institute of Coahuila what acts her single pre-candidacy could carry out during the pre-campaign stage, to which the local institute responded that its local legislation prohibits single pre-candidates from holding pre-campaign acts in an absolute manner.

For its part, the local Court modified the response by determining that, according to the jurisprudence of the Superior Court, when a single pre-candidacy is subject to a ratification process within its political party, it can carry out acts of rapprochement with the militancy. , as long as they do not imply anticipated campaign acts. This position was supported by the Superior Chamber of the Court.

jorge.monroy@eleconomista.mx