With a divided vote, the Superior Chamber of the Electoral Court of the Judicial Power of the Federation (TEPJF) decided that the Federal Government, the state governments and the public servants of the three powers of the Union can carry out activities, issue propaganda and allocate public resources to promote the judicial election, according to the medium political expansion.
This invalidation decision that the National Electoral Institute (INE) claimed to promote citizen participation in this process, allowing the authorities of all levels to disseminate institutional content for informative, educational or social interest purposes.
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The sentence, promoted by Judge Felipe de la Mata Pizaña, establishes that the INE does not have an exclusive and exclusive attribution in the promotion of the vote, arguing that public entities do have powers for this, provided that they respect a decalogue of rules.
Among the rules, personalized propaganda, proselytism or any support for specific candidacies are prohibited, and the diffusion is required and for lawful constitutional purposes.
In addition, public servants were authorized to use their social networks for this purpose and the exhort of the INE is obligatory to which candidates ask for licenses, leaving it as a recommendation.
Magistrate Mónica Soto defended that restricting the dissemination of the election to the INE goes against democracy by limiting information to citizens, while Felipe Alfredo Fuentes argued that promoting participation is not equivalent to campaigning.
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Janine Otálora and Reyes Rodríguez, in disagreement, argued that the Constitution and the law prohibit the use of public resources in electoral propaganda, warning risks of confusion or implicit support for candidates postulated by the powers themselves.
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