Why should the election cancel?
When presenting his project, which analyzed the challenge presented by about twenty judicial candidates, and the Civil Association strategic litigation, magistrate Reyes Rodríguez Mondragón explained that the certainty and legality of the election were affected in three aspects.
In the file, he reported, 3,188 printed accordions contributed in the demand were known, 374 digital tests (images, videos, audios, notes, networks) and also both the National Electoral Institute (INE) – to invalidate vote in some boxes – and the TEPJF have recognized in various resolutions the existence of accordions.
(Photo: screenshot of the argumentation presented by the magistrate of the TEPJF Reyes Rodríguez)
(In TEPJF session, magistrate Reyes Rodríguez argued that there was an organized strategy behind the accordions, these are some elements.
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In addition, 38 investigation folders were considered by the Specialized Prosecutor’s Office for the Attention of Electoral Crimes in Mexico City in which they include inquiries about accordions in all the mayors of the capital and complaints data in sanctioning procedures in at least 15 states
With the set of lists, he concluded, the equity in the contest, the authenticity and freedom of the vote and the express prohibition to any type of financing outside the candidacies were impacted.
In his opinion the accordions if they existed; If they were part “of a premeditated, complex, coordinated, systematic and generalized distribution strategy to influence citizens.”
In addition, the magistrate considered that these “guides” if they were decisive in the result of the election.
To demonstrate it, he raised a statistical analysis according to which, since they contended for the ministers of the Court 64 candidacies “7,400 million different combinations could be made.”
However “a single combination of nine candidates obtained about 41 million votes, that is, approximately 45% of the valid votes.”
“The mathematical probability that this coincidence occurred on citizen initiative, individual and without any coordination is practically zero,” he said.
This block vote for socio -political realities as different as those that occur in our country is very unlikely, without coordination schemes, such as accordions, Reyes concluded.
To all this, he said, that there was a systematic affectation to electoral integrity throughout the process of organization of the process, whose standards were different from other elections.
Magistrate Janine Otálora Malassis, speaker in another of the challenges in which it was also alleged that the accordions violated the freedom of suffrage and evidenced prohibited resources in the campaigns, since they were financed by third parties and not by candidates (who were demarcated () also stated that there was no possibility for such voting coincidence, without the accordions.
“The accordions did not have a didactic nature but were designed to influence” improperly in the election, he said.
In his opinion, the nullity of an election protects the freedom of suffrage “and in this case” there were mechanisms to influence the will of citizenship affecting the freedom of suffrage decisively, this based on the evidence that integrates the file and its contextual analysis. “
There are, he said, strong indiciaries that the guides appeared throughout the territory since the journalistic notes and social networks publications account for them in the 32 federative entities, so their distribution was generalized and covered the entire country.
In the election, he recalled, in most of the states the more people voted the votes for the same nine winning candidates, when the experience dictates that in a typical choice the greater the vote greater diversity of opinions.
“In this choice it happened just the opposite, which suggests an improper and systematic coordination to favor the vote in favor of a numeric winning combination.
“In 21 states almost the same winning names were always among the most voted, which is extremely unlikely as there have been 64 options and freedom to combine, coupled with the fact that when the results are ordered from highest to lowest in a typical choice the votes should gradually lower,” he established.
