Although the amounts with irregularities are very minor, “legality and transparency in accountability as guiding principles of electoral activity are violated,” the INE concluded in July, when supervising the campaigns.
With the sentence issued today by a majority of the magistrates, the violations that several candidates for judicial positions had allegedly incurred were confirmed.
Bátiz’s case is relevant because he is a member of the (TDJ), the body responsible for ensuring that the conduct of judges, magistrates and ministers adheres to the law and ethics.
In the resolution of the cases on the judicial election, electoral magistrates Gilberto Bátiz, president of the Chamber, and Claudia Valle, magistrate, were excused from participating.
What anomalies did Bernardo Bátiz incur?
Candidates for judicial office had very low spending limits and strict rules.
The main one was that they could only spend their own resources, not contributions from supporters, parties, public resources or any other type.
And furthermore, they could not make any advertising expenditure on social networks or the media, only on flyers or printed papers; They could not hold rallies or mass meetings either.
In the case of Bátiz Vázquez, the INE established that he incurred seven types of irregularities that violated the inspection rules: he did not use a bank account solely and exclusively to manage campaign resources and he did not present proof of spending on gasoline.
In addition, it made cash payments greater than 20 Measurement and Update Units (UMA) for air transportation and reported campaign events extemporaneously prior to their completion or once they concluded.
All of these behaviors were confirmed by the majority of the magistrates.
Two other anomalies that the INE had confirmed consisted of not reporting in the Electronic Mechanism for the Supervision of Persons Candidates for Judges (MEFIC) expenses on a jingle and vinyl records.
In these last two cases those were prohibited spending concepts; However, by majority, the TEPJF plenary session determined that Bátiz did not pay vinylones, which waived the proposed fine, which was 452 pesos.
In the case of the jingle there was a divided vote, so the anomaly or the penalty of 38,688 pesos would not have been confirmed.
In this way, the other sanctions for at least five of the seven irregularities were finalized, and the fine would have been 7,919 pesos.
Although the amounts are small, according to the consolidated opinion approved by the INE, these are irregularities that do affect oversight, accountability and transparency.
For example, by not carrying out your operations in an exclusive bank account for that purpose, as established by the supervision rules, this “brings with it a lack of accountability, it prevents guaranteeing the necessary clarity in the amount, destination and application of the resources.
“Consequently, certainty and transparency in accountability as guiding principles of electoral activity are violated.”
Meanwhile, by making cash payments of more than 20 UMAS, rules that seek to “guarantee the legality and certainty of the origin of the resources with which the obligated person must conduct” were violated.
Regarding the omission to inform in advance of their proselytizing events, this violates the principles of legality and transparency in accountability, and prevents guaranteeing the necessary clarity in the amount, destination and application of resources.”
This is because by not notifying the INE, it prevented personnel from showing up to monitor the acts and verify the legal financing.
