“It is constitutionally unfeasible to suspend the carrying out of the electoral procedure of judging persons or any of the stages in charge of the Senate of the Republic, the National Electoral Institute and all the competent authorities that participate in its organization and preparation,” it is mentioned in the project.
Furthermore, Fuentes Barrera proposes that no authority, power or organ of the State may suspend, limit, condition or restrict the activities related to the extraordinary electoral process for the election of positions in the Judicial Branch of the Federation.
This project will be discussed and voted on by the judges of the Superior Chamber in the following days.
This arises after the president of the Senate, Gerardo Fernández Noroña, and the INE presented lawsuits, separately, in which they asked the Electoral Court to issue a statement to guarantee actions related to the process, given the multiple provisional suspensions issued by judges. district to stop the election.
Among the arguments of Judge Felipe Fuentes, the reform of “constitutional supremacy” recently approved by Morena stands out, since the judge remembers that constitutional article 107 mentions that protection in electoral controversies is not appropriate.
“This circumstance is in accordance with the exception established in article 107 of the Constitution, regarding the fact that protection is not appropriate in electoral controversies, since this matter has state regulation and relevance that imposes the need to protect, in all moment, the right to elect the authorities and participate democratically in the election procedures, circumstances that the norm recognizes by making it impossible to stop its effects through trials aimed at suspending the acts of authority under direct control.
Furthermore, it emphasizes that political-electoral rights must be guaranteed and that these cannot be suspended in accordance with the provisions of article 29 of the Constitution.
