2023-04-19 20:34:00
The federal Electoral Tribunal (TEPJF) endorsed this Wednesday, April 19, the extension of the mandate until October 31, 2024 of Mario Delgado and Citlali Hernández, as President and General Secretary of the Morena Party, respectively, which had already been endorsed by the INE.
By majority vote, the Superior Chamber of the TEPJF, estimated that said expansion does not violate the Constitutionelectoral laws or statutes of the party founded by President Andrés Manuel López Obrador.
By a majority of four votes to two, with the absence of Judge Mónica Soto, the Chamber rejected the project of Judge Janine Otálora Malassis who had proposed invalidate the extension of the mandate of Delegate and Hernández.
Judges Indalfer Infante, Felipe Fuentes Barrera, José Luis Vargas, and Felipe de la Mata voted once morest the project, who spoke out for respect for the principles of party self-determination and self-organization.
Infante and Fuentes Barrera, contrary to what was proposed by the project, agreed that there were no formal or procedural violations in the issuance of the call to reform the statutes of Morena, by including the third transitory article that extended the mandate of Delgado and Hernández.
Judge Malassis’s proposal warned that the call for the Third Ordinary National Congress, on September 17 and 18, 2022, did not include the issue of leadership renewal, who signed up last minute.
The magistrates who voted once morest said that the fact that the third transitory article of the Statutes, which provides for the extension of the mandate, has not been publicized in advance, is not by itself a reason for disability.
Fuentes Barrera also assured that the extension of the mandate, voted in the aforementioned Congress, was not challenged by a significant number of party members, but for just 17 people.
“There is no general disagreement among the militants,” he said and recalled that, of 2,800 delegates, 2,365 were in Congress, of them 1,807 voted in favor of the extension of the mandate520 once morest and there were 38 abstentions.
“That is more than enough data, that vote cannot be invalidated by a plenary session, because it would be tantamount to attacking a democratic process”, seconded the magistrate José Luis Vargas regarding the voting figures.
Vargas added that the extension of the term of office of the Morena leadership does not violate the Constitution and questioned the project of magistrate Janine Otálora Malassis, who said, in a veiled manner, responds to judicial activism once morest political parties.
“I wonder, are we going to do a couple of judicial activism on parliamentary issues, to judicial activism in terms of political parties”, he assured in clear reference to the conflict that has been generated between the Congress of the Union and TEPJF due to the resolutions of the latter.
In defense of the project, magistrate Janine Otalora Malassis assured that the decision is not made ex officiobut because Morena militants requested the intervention of the electoral referee, including John Akerman
“It is a trial urged by a part of the militancy of the party itself. The Morena militants themselves went to the TEPJF to ensure checks and balances”, said the magistrate.
Most of the magistrates estimated that there is no violation of electoral integrity, certainty and legal security. They also spoke because the principle of res judicata is not updatedreferring to precedents of judgment of the TEPJF itself.
Judge De la Mata also pointed out that the statutory amendment has already been approved by the INE and enjoys a reinforced presumption of validity; besides that the grievances are insufficient to destroy it.
He pointed out the risks of withdrawing the leadership at this time since the 2023-2024 electoral process begins in September and electing a new Morena leadership would take at least several months would generate a risk of destabilizing and a possible leadership vacuum in the party.
He warned that the extension of the mandate is a reasonable, suitable and proportional measure, since has a legal footing and it is given as a rational measure of the exercise of self-organization.
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