Fabiola Martinez
The newspaper La Jornada
Saturday, August 31, 2024, p. 6
To protect the constitutional principles of entities and the federal Magna Carta, especially the issue of parity and affirmative action, the upper chamber of the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) modified assignments in some municipalities and local congresses.
The higher court received 103 appeals and had to make a last-minute decision and confirm the rulings, since local legislatures and municipal presidencies begin on Sunday. It rejected 28 appeals.
In Nuevo León, a seat was unanimously removed from Movimiento Ciudadano and another from the Partido Verde to make room for the dissatisfied PRI. At the proposal of magistrate Janine Otálora, it was approved that the PRI should be made up of 24 female deputies and 18 male deputies.
He pointed out that according to the federal and local constitutions, the limits of overrepresentation must be defined considering the political parties individually, regardless of whether they had competed in coalition.
Regarding parity, he explained: It is the opinion of this higher court that this principle constitutes a minimum for women and not a maximum.
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At the beginning of the session, two cases of alleged gender usurpation and fraud against the law in the Michoacan municipalities of Charapan and Lagunillas were analyzed. In the first, the winner was declared ineligible, but in the second, although the case was similar, the dissatisfied person failed to sign his document, so by majority vote this matter was dismissed.
The issues to be given finality are relevant because the higher chamber of the TEPJF enforced its final and unappealable determination by correcting criteria of both state courts and even the regional chambers of the TEPJF itself.
In Charapan, it was stated that while the registration of candidates with the administrative authority is in principle sufficient to prove self-identification of gender, it is possible to admit challenges and evidence that cast doubt on the authenticity of this circumstance, particularly because during the election, the person campaigned with one gender (male), but had registered his or her candidacy with another (female).
In this case, and derived from many others that reach the courts and are taken up by the media, a mechanism of fraud against parity by political parties is observed, consisting of delivering false written forms of gender self-identification to comply with the requirements in the applications and thus avoid the application of women.
was indicated in the approved project.
Therefore, ineligibility was declared and the trustee will replace the president-elect, while the Congress of Michoacán makes the corresponding designation.
In other matters, the invalidity of the election of Irimbo, Michoacán, was confirmed, as well as the adjustments ordered by the electoral institute of Sonora in terms of parity in the Congress of that entity. In addition, the assignment of seats in the Congress of Mexico City were ratified in compliance with the principle of gender parity.
