Executive Summary:
- On March 2, 2023, the Decree issuing the General Law on the Means of Appeal in Electoral Matters, known as the “Plan B"of electoral reform.
- These modifications directly affect the 2024 electoral processes.
- These electoral laws are expected to be challenged through unconstitutionality actions before the Supreme Court of Justice of the Nation.
On March 2, 2023, the Decree reforming, adding and repealing various provisions of the General Law of Electoral Institutions and Procedures, the General Law of Political Parties and the Organic Law of the Judicial Branch of the Federation, and issuing the General Law of the Means of Appeal in Electoral Matters, known as the "Plan B” of the electoral reform. These modifications directly affect the electoral processes of 2024.
The reforms include a significant restructuring of the composition of the National Electoral Institute (INE); a reduction in its budget, number of employees and closure of various offices; the narrowing of the concept of “government propaganda”, opening up the possibility of government promotion during electoral campaigns; and the reduction of sanctions for candidates.
In this regard, the main effects of the reform are the following:
- Greater absence of polling station officials and less training for them.
- Risk of annulling elections due to failure to set up 20% of the required voting stations in a district.
- Reduction in the number of personnel trained to count votes.
- Impacts on the organization of elections and citizen participation mechanisms.
These electoral laws are expected to be challenged through unconstitutionality actions before the Supreme Court of Justice of the Nation, with the following having procedural standing to file such actions: the National Human Rights Commission, 33% of the legislators of each of the Chambers of the Congress of the Union, the political parties registered with the INE and the INE itself.
In order for such reforms to be declared unconstitutional, in whole or in part, a qualified majority of eight votes from the justices who make up the Plenary of the Supreme Court is required.
Notwithstanding the above, it is important to mention that the INE filed an electoral trial against the reforms before the Superior Chamber of the Electoral Tribunal of the Judicial Branch of the Federation.
