Mexico City.– Judge Felipe de la Mata will propose to the Superior Court to confirm the agreement on the allocation of plurinominal deputies that gives a qualified majority to Morena and its allies in the Chamber of Deputies.
“The agreement with the General Council of the INE by which the federal proportional representation seats were assigned is confirmed,” the proposal states.
According to the project that is already circulating in the Superior Chamber, the formula for assigning legislators approved by the INE is validated and the grievances raised by the PAN, Movimiento Ciudadano, PRI and legislators are declared unfounded. “These arguments are inoperative, precisely because this Superior Chamber has concluded that the General Council of the INE developed the formula in accordance with the provisions of the Constitution, the legislation and the INE agreement, as well as with the precedents and jurisprudential line, without a different interpretation being legally possible.
“Consequently, the decision made in this judgment must be followed, given the ineffectiveness of the arguments that challenge the way of interpreting Article 54 of the Constitution and the calculation of over-representation,” the project states.
In their objections, the protesters claim that the General Council of the INE incorrectly applied the 8 percent overrepresentation, causing excessive distortions. “It is unfounded because Article 54, Section V of the Constitution is clear in establishing that the limit is 8 points to their percentage of the national vote cast, therefore, it is a matter of adding up that amount. “Granting the actors reason would imply inserting a rule that has never been applied in clear violation of the principle of legal certainty,” he argues. Another of the opposition’s central arguments to reverse the qualified majority was that minorities were underrepresented, since the PRI, PAN, PRD and MC together obtained 41.59 percent of the vote and they want to give them 25 percent, which in his opinion violates the principle of political plurality. However, the magistrate clarifies that Mexico has a mixed electoral system, predominantly majoritarian and does not reflect an exact representation of votes. “The argument is again based on an erroneous premise when verifying underrepresentation by coalition and not by party individually,” he indicates. Regarding the complaint that the PVEM and PT won seats with Morena votes, without this being taken into account in the allocation, he also warns them that it is unfounded because the Institute did consider it. In the complaint about the “devaluation of the vote cast for the opposition”, that is, that the vote of Morena, PVEM and PT was worth more than that of the rest of the parties, the Judge insists that this is the Mexican norm. “The system of election of seats is mixed and, therefore, there may be distortion, but it is subject to constitutional limits. “Neither the Constitution nor the electoral law require that the weight of the vote be the same. Precisely because mixed systems allow differences in attention to the predominantly majority system,” he argues. In total, 5,317 appeals were filed in the Court, however, most of them were rejected, and very few were distributed among the five magistrates. The law requires the judges to resolve this Wednesday.
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