Magistrate Reyes Rodríguez Mondragón released a project in which he proposed to the Superior Chamber of the Electoral Tribunal of the Federal Judiciary (TEPJF) confirm that the electoral adviser Carla Humphrey is under the prohibition of re-election provided for in the Constitution, which prevents her from aspiring to be president of the National Electoral Institute (INE) for a period other than the one for which she was already appointed.
“The claims of the plaintiff counselor are unfounded, since the prohibition of re-election provided for in the General Constitution prevents a person acting as electoral counselor of the INE from aspiring to another position on the General Council of that Institute, including the Presidency,” it establishes. the project that was circulated for study among the rest of the magistracies of the TEPJF.
The counselor Carla Humphrey challenged before the TEPJF the agreement of March 3 of the Technical Committee of the Chamber of Deputies that analyzes profiles to renew four INE councilors, and in which it was determined that the councilor has a constitutional impediment to participate in the election process of electoral councils of the General Council of the INE, because she holds the position of electoral advisor of the INE, and therefore the restriction contemplated in article 41, base V, Section A, fifth paragraph, of the Constitution applies to her. Also because she cannot be elected a second time to hold a position in the electoral body, since this implies a re-election.
Humphrey went to TEPJF with the argument that the position of President of the INE has functions other than the director that she currently occupies and, therefore, to request the Court to revoke the determination of the Technical Evaluation Committee and allow her to participate in the following stages of the process of election of the counselor for the Presidency of the Board General of the INE.
In his project, magistrate Reyes Rodríguez Mondragón established that the counselor’s statements are unfounded, because the Constitution provides that the head counselor of the Presidency of the General Council and the 10 electoral councils will be appointed by the vote of two thirds of the members of the Chamber of Deputies present, and will remain in office for nine years, without the possibility of being re-elected.
“The prohibition of re-election is updated when an electoral adviser intends to aspire to the council that will preside over the local Institute, because the position of electoral adviser or adviser is the same, although the Presidency has different functions. So much so, that the body in charge of the designation has the discretionary power to choose who will hold the Presidency, as well as who will hold the rest of the electoral councils.
“The functions and attributions that are recognized to the council that presides are comparable to the rest of the electoral councils, so it is not valid to try to evade the restriction under the argument that they are different charges,” he mentioned.
This project will be submitted for discussion in a next session of the Superior Chamber of the TEPJF.
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