Until now, the new magistrates have in pause the resolution of judgments related to the accordions and other irregularities, in which the forgiveness of the economic fines is emerging, including those that the INE imposed on both of them.
That is because they submitted excuse requests not to know or resolve on sanctions imposed on judicial candidates, since they themselves were fined by the accordions and by various irregularities in the field of inspection, such as some close to the magistrate Felipe de la Mata, who also excused himself from solving certain cases.
On July 29, the General Council of the INE endorsed fines against 172 federal and local judicial candidates who were winners in the June 1 election, but which appeared physically or digitally in any of the copies of accordions or voting guides that managed to document the Institute.
In addition to Valle and Guzmán Bátiz, 10 of the 15 future magistrates of the five regional rooms of the same court They were also sanctioned.
Of Guzmán Bátiz and Valle challenged before the Superior Chamber of the Electoral Court, of which they are now part and, not to incur a possible conflict of interest, they asked to excuse themselves from the resolutions that the Court issues by reliefing the challenges presented by the other sanctioned candidates, winners or not.
This triggered the figure to more than 900 accumulated impediment requests In recent weeks.
On Sunday, September 28, in a private session, the magistrates resolved in block five incidents of excuse and accumulated files, in which they determined that in some cases, those two magistrates Yes they are prevented from participating in the discussion and resolution of cases, but not all.
Thus, the Electoral Court is practically ready to solve dozens of pending cases. However, the discussion has postponed four times. The most recent just this Wednesday, then The issues related to fines were removed from the pubic session.
Who are they?
Gilberto de Guzmán Bátiz He was president of the Electoral Court of the State of Chiapas; Electoral Director of the Institute of Elections of the same State; Advisor in the Jurisprudence, Monitoring and Consultation Coordination of the Superior Chamber of the Electoral Court of the Judicial Power of the Federation; and advisor to the Judiciary in Chiapas.
“I am a militant of the transformation of the electoral institutions to provide certainty and confidence to the popular vote,” wrote the former judicial candidate on the Conóceles platform, of the INE.
Among the proposals he made as a candidate are: revaluation of justice, project justice as a public service with leveling effect, and comprehensive solutions of the conflict.
Claudia Valle Aguilasocho It has an experience of more than 30 years in the Judicial Branch of the Federation. Before the judicial election he served as president of the Monterrey Regional Chamber of the Electoral Tribunal.
“He has a 19 -year experience in review of federal and local electoral processes,” he stands out in his public profile, uploaded to Conóceles.
As a candidate, she proposed modern and accessible justice; Leave behind the lack of signature in a lawsuit brought with it a decision to discard or non -study of what is claimed; and strengthen the Electoral Court to offer certainty and generate trust.
Why did they fined them?
According to the INE, the magistrates received an undue benefit for appearing in accordions, but also for incurring other irregularities and violating the control model, which prevented the correct verification of their income and expenses.
Guzmán Bátiz magistrate was detected anomalies in the report of his income and expenses, in addition to the issue of voting guides.
According to the opinion approved by the INE, the magistrate incurred seven fouls, two of a formal nature and five “substantially or background”, including: omitting to use a bank account in his name, exclusively for the management of his campaign resources and not register in real time (three later days) operations for 33,683 pesos.
In addition, he did not present proof of payment or transfer for 49,862 pesos and did not present documentation support that checks the expenditure consisting of lodging and food, as well as terrestrial and aerial passages for an amount of 46,402 pesos.
The judge extemporaneously reported 25 campaign events and did not cancel or modify the status of 28 events that marked, which, in accordance with the inspection rules, prevents the INE from auditing events and making verifications, “indispensable elements of the new inspection model.”
Magistrate Valle, in addition to appearing in the accordions, incurred two fouls in the field of inspection, according to the INE, one of them considered ordinary.
An irregularity was not to open a specific bank account to disperse from there the campaign expenses and the other, not to reject the contribution of a person prevented by electoral regulations, who paid advertising on the Internet.
Although the fine is minimal, the INE control unit concluded that the then candidate violated norms which “brings with it the non -account of accountability, prevents guaranteeing the necessary clarity in the amount, destination and application of the resources; consequently, the certainty and transparency is violated in the lawful origin of the income as guiding principles of the electoral activity.”
‘You can’t know those matters’
The electoral laboratory research coordinator, Víctor Díaz de Leónconsiders that both magistrates are effectively prevented from knowing these issues so as not to be a judge and part.
But now the panorama is that the Electoral Court will have to solve again with an incomplete full, Of four or five magistrates (seven in total), because in some files the magistrate Felipe de la Mata also requested to excuse himself, since former members of his presentation were judicial candidates and challenged sanctions.
The substantive problem, considers the expert, is that both the INE and the Electoral Court were not endowed in the judicial reform of the tools and the time necessary to organize all stages of the choice and finally to qualify it.
What is the panorama right now? Well, these excuses have to be decided because both magistrate Valle and Judge Bátiz cannot know about these issues. ”
Víctor Díaz de León, expert in electoral issues.
The specialist considers that, when solving the fines, the vision of the majority is probably imposed, which is to remove all the sanctions imposed by the INE. This could lead to the case of accordions without punishment.
What sanctions were imposed by the accordions?
The INE imposed minisuals to candidates for judicial positions: the most popular cases were the punishments to appear in accordions, but other behaviors such as the omission of presenting income and campaign expenses reports, prohibited contributions, expenses or non -proven income and contributions not allowed, among others were also sanctioned.
Only in terms of control were 18.3 million pesos in finesin addition to sanctions for irregularities in propaganda.
To appear in accordions, federal or local judicial candidates were sanctioned for a total of 6.3 million pesos.
This is the case of the nine ministers of the Supreme Court of Justice of the Nation (SCJN), all sanctioned for appearing in the “voting guides.” The ministers Loretta Ortiz with 255 thousand pesos; Yasmín Esquivel Mossa with 190 thousand pesos; and Sara Irene Herrerías with 138 thousand pesos.
Minister María Estela Ríos with 125 thousand pesos; Giovanni Figueroa with 94 thousand pesos; Lenia Batres with 89 thousand pesos; Arístides Guerrero 80 thousand pesos; Minister President Hugo Aguilar, with 79 thousand pesos; and Minister Irving Espinosa Betanzo, with 79 thousand pesos.
However, there are many other cases of contested sanctions in which the complainants claim that the INE did not individualize the fines, made decisions without assessing the tests presented, disproportionate amounts were imposed or simply resolved.
