Addition to sanctions as in Michoacán and Guerrero
The parties, in addition to reporting ordinary income and expenses, must report pre-campaign and campaign expenses.
In particular, there is a provision in the law, article 221 of the Legipe, which obliges pre-candidates to report their pre-campaign expense report. This is done so that there are no undue advantages, so if you do not turn in your pre-campaign expense report, you lose the right to be registered as a candidate.
Councilor Rivera mentions that with the so-called Plan B, “the sanction disappears”, since the term to report their expense reports is extended from three to 10 days, whether they are pre-campaign or campaign, and to 20 days, for ordinary expenses.
“Extending the term to 10 days means that the Inspection Unit will not be able to properly audit, so campaign deadlines are very short and an opinion must be issued soon. If the parties report their income 10 days after the campaign operation and the INE only has 45 days after election day to review and rule on all expenses, that will eventually be impossible ”, he assures.
On the other hand, it notes the fact that if a party or candidate takes many days to report an operation “it gives them room” to alter, simulate or hide any of these operations and this weakens the control.
In addition, it ensures that Plan B establishes that the INE will not be able to carry out research, supervision of activities that are not expressly provided for as ordinary expenses and as campaign expenses.
“In other words, if they exempt the INE from that power, it would prevent it, for example, from auditing expenses that are not regulated, such as in the case of the revocation of mandate and that the INE cannot audit income and expenses, even though there were a great concealment ”, he warns.
– Does the door open to illicit income? -he is asked.
-Honestly, we hope that the Judiciary declares the invalidity or non-application of any of these regulations because it substantially weakens the auditing capacity of the INE and if this is weakened, the door opens, more room is opened for there to be illegal income, out-of-control expenses and undue advantages in electoral competition.
This, remembering that the electoral referee presented before the Supreme Court of Justice of the Nation (SCJN) a constitutional controversy against the Decree by which various provisions of the General Law of Social Communication and the Law are reformed, added and repealed. General of Administrative Responsibilities, published in the Official Gazette of the Federation on December 27, 2022.
While it is waiting for the second package of Plan B reforms to be approved, to go before the Court.
INE overstepped its bounds, says Morena
Regarding the Michoacán and Guerrero cases, Senator Alejandro Armenta considers that in both cases, the INE overreached by canceling the possibility of both Salgado Macedonio and Morón Orozco, by denying them their right to register as candidates at the time.
“There may be positions for or against, but he went too far. The electoral body violated the right of a candidate due to circumstances that with criteria did not correspond to the substitution of a candidacy, ”he argues.
