Mexico: Electoral Reform (1998) —
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Mexico: Electoral Reform (1998)

Author: Santolaya, Pablo; Iñiguez, Diego

 

One national case that deserves special attention is the reform process of the Mexican political and electoral systems. Setting out from an electoral system whose organisational and material deficiencies contributed to undermining the democratic credibility of the whole of the political system, a highly ambitious legislative and organisational reform was put into operation. The process rests on two main aspects: on the one hand, legislative reform, directed at increasing the number of electoral positions and especially, to guarantee freedom in standing for the elections and transparency; on the other, a complete reform of the Federal Electoral Institute, the organ in charge of administering and controlling the electoral process, which contributes reasonable guarantees of honesty in the material development of the process and promotes changes to the regulations.

1. The 1996 political and electoral reform

The 1996 legislative reforms as a whole has affected the electoral system in many of its relevant elements:

a) In the composition of the Chamber of Deputies

  • The maximum limit of representation of the main electoral power is set at 300 deputies elected according to the two principles (majority and proportional), e.g., 60% of the 500 seats.

  • A maximum level of over-representation is set at eight points in the relation votes-seats for all political parties, as a complement to a maximum limit set for representation of the main electoral power, to try to reinforce proportionality.

  • An increase of the voting threshold required for a political party to take part in the assignation of seats for proportional representation, from 1.5 to 2%.

b) The Senate

  • The principle of proportional representation is incorporated to elect 32 of its 128 members. Now three senators are elected equally in the 32 federal entities: two according to the principle of relative majority and the third one assigned to the main minority; the remaining 32 will be elected according to the principle of proportional representation by means of the system of lists in one sole national plurinominal constituency.

  • The voting threshold for the assignation of senator seats of proportional representation is also set at 2% of the votes cast at national level.

c) Political parties and groupings

  • One sole procedure is established for a political organisation to obtain registration as a national political party. A second form that existed up to then is therefore done away with, which consisted of conditioned registration so that a political organisation could obtain recognition to be able to take part in the federal elections.

  • The requisites for registration as a political party are made more flexible: instead of the minimum of seventy-five thousand members at national level that were required before, three thousand members in at least 10 of the 32 federal entities are now required, or 300 in at least 100 of the 300 uninominal electoral districts; the total must be lower than 0.13% of the Voters Register utilised in the immediate ordinary federal elections before the application is made.

  • The percentage required for a national political party to remain registered: a minimum of 2%.

  • The concept of national political groupings, able to take part in federal electoral processes, is recognised, by subscribing to and registering an agreement of participation with a political party before the electoral authority. They have to have at least seven thousand members throughout the country, a management body at national level and offices in at least 10 federal entities. They dispose of a special tax system and public funding.

d) Reforms to improve conditions of fairness in the political-electoral contest.

  • Guarantees of greater fairness in the free access to radio and television during electoral periods are established, irrespective of the 15 minutes per month they dispose of permanently. During electoral periods 30% will be distributed in an egalitarian manner and 70% in a proportional way to the electoral powers. Additional time consists of not only up to 250 hours of radio and 200 hours of television time in the electoral process for the election of the President (which is reduced by half in strictly legislative elections), but also the monthly acquisition of up to 10 thousand promotional slots on behalf of the Federal Electoral Institute on the radio and 400 on television, of 20 seconds duration each.

  • The right to clarify information provided by the media during the electoral campaigns is recognised when it is considered that they have distorted facts or situations referring to activities or personal characters.

  • It is established that public funding must take preference over other types permitted and regulated by law.

  • Public funding takes on three forms: the maintenance of permanent ordinary activities, campaign expenses and specific activities as entities of public interest.

  • Anonymous contributions are prohibited and new limits are established for funding by supporters.

  • Increased powers of control by the Commission on Taxation of the Resources of Political Parties and Groupings. Among such powers audits of the finances of the political parties and groupings and verification visits are included, with the purpose of corroborating the fulfilment of their obligations and the veracity of their reports.

  • The rules are modified so that the FEI can set the limits for campaign expenses.

e) Legal possibilities for the formation of electoral coalitions are broadened.

f) Regarding electoral Justice matters:

  • The action of unconstitutionality on electoral matters in terms of the electoral laws known to the public at federal and local level is recognised, acknowledging the political parties as the only subjects that have the power to file them before the Supreme Court of Justice of the Nation.

  • Federal and local electoral laws have to be promulgated and published at least 90 days before start of the electoral process to which they will be applied. No basic legal modifications may be made during the electoral process.

  • Appeal mechanisms of proceedings and resolutions of electoral authorities are increased, to guarantee the protection of electoral rights and those of a public associated nature.

  • A new constitutional revision system of the proceedings and resolutions of the electoral authorities is established, destined towards organisation and development, as well as to resolve controversies that come up within them.

  • The Electoral Court is incorporated into the Judiciary of the Federation, as an organ specialised in the matter with maximum jurisdictional authority, with the exception of actions of unconstitutionality.

g) The Constitutions and laws of the states must incorporate basic principles and guarantees equivalent to those established on electoral matters at federal level.

h) The political-electoral system of the Federal District is modified:

  • The Representatives' Assembly is converted into the Legislative Assembly and assumes new powers.
  • Direct election of the Head of the Government of the Federal District is established for a period of six years. In addition, his powers are significantly increased.

2. The reform of the Federal Electoral Institute (FEI)

As it would be practically impossible to handle the implementation of these reforms without a parallel modification of the electoral administration, the Federal Electoral Institute has also been substantially reorganised.

The Federal Electoral Institute is the autonomous public organisation, responsible for the organisation of federal elections, i.e., those of the President of the United Mexican States and of the deputies and senators. The FEI went into operation on 11 October 1990, as a result of the constitutional reforms of 1989 and the new Federal Code of Institutions and Electoral Procedures ("COFIPE") of August 1990. Since then, three other relevant reform processes have taken place, in 1993, 1994, and 1996. The 1993 reform increased the powers of the FEI in the naming of candidates and to be able to set limits for campaign expenses. The 1994 reform increased the importance of the citizen advisors within the FEI itself, conferring upon them the majority of the votes and increased the powers of the management organs at state and district level. The 1996 reform made an effort to reinforce the autonomy of the Federal Electoral Institute by splitting it completely from the Executive Power and reserving the vote within the management organs exclusively to the citizen advisors. The designation of its members was left up to the Legislative Power, demanding reinforced agreement that would ensure sufficient consensus. In turn, the structure and the permanent means of the FEI were considerably reinforced. The FEI also took charge of the permanent control of matters related to recognition, funding, access to the media, etc., of the political parties.

On the other hand, the Electoral Court is incorporated into the Judiciary, before which it is possible to impugn the proceedings and resolutions of the electoral authorities that may be determining for the development or the final result of the electoral processes. The FEI has a body of integrated officials in a Professional Electoral Service. And, different from the previous electoral bodies that only worked during the processes, it is constituted as an institution of a permanent nature. It is organised under a decentralised scheme, through organs based in each of the 32 federal entities, as well as in each of the 300 uninominal electoral districts into which the Mexican territory is divided for electoral purposes.

The Federal Electoral Institute carries out the set of tasks related to the preparation, organisation, conduct and observation of the federal elections, among others:

  • Permanent handling, updating and correcting of the register and the voters lists.
  • Attention to the rights and prerogatives of the political parties and groupings.
  • Design and printing of electoral material.
  • Preparation of Election Day.
  • Training of the citizens entrusted with receiving the ballots and doing the counting at each polling station.
  • Calculating of the results, declaring and naming of deputies and senators in the elections.
  • Calculating the results of the President of the United States of Mexico.
  • Regulation of electoral observation, surveys and opinion polls for electoral purposes.
  • Drawing up and execution of civil education programmes.

The aims that should inspire the functioning and organisation of the FEI are of outstanding value. Its guiding rules are not limited to enunciating effective administrative activities, but include the aims to "contribute to the development of democratic life, preserve the strengthening of the systems of political parties, ensure the citizens of their political electoral rights and guarantee that elections are held periodically and peacefully".





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