TEPJF declares that the publicity ordinance is not applicable during cancellation

In private session and by majority vote, the Supreme Council of the Electoral Tribunal of the Judicial Power of the Federation (TEPJF) Decided to declare the decree inapplicability of interpretation For the concept of “government propaganda” in the framework of the procedures for canceling the mandate.

The judges concluded that “the ordinance of authentic interpretation is not applicable in cases of revocation of the mandate, because a genuine interpretation of the concept of ‘government propaganda’ is not made, but rather is established Exception to the ban on advertising government while developing a process of de-authorization—which would violate prohibitions enshrined in the general constitution itself—”.

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They continued: “Similarly, by creating this exception, a fundamental modification is made to the rules of political communication in repealing the mandate, And it’s forbidden at the constitutional level.

Newsletter | The #tbjf He declared the original Interpretation Decree on “Government Propaganda” inapplicable in revoking the mandate and emphasized that MORENA should withdraw its statement.

📰 https://t.co/dFyy6Ryxwy pic.twitter.com/hr4jy70OmA

– TEPJF (@TEPJF_informa) March 29, 2022

In addition to that too Precautionary measures confirmed It was dictated by the Complaints and Convictions Committee of the National Electoral Institute (INE) against the governor of Campeche, Lleida Sansoris, and the Morena party.

They are considering removing the post in support of President Andres Manuel Lopez Obrador from their social networks, considering it government propaganda published during the closed season and previously described as apparently illegal by the National Statistics Institute.

Actions derived from a complaint filed by Movimiento Ciudadano (MC) against the Governor of Campeche and Morena, for the publication of a document entitled “Governors and Governors of the Fourth Transformation” on their social networks.

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INE . Complaints and Reports Committee I declare that the precautionary measures are acceptable The MC requested and ordered that the rejected publications be withdrawn. However, brunette Promote a way to appeal He argued that the publications were not government propaganda, but “political positions” that could be disseminated within and outside of electoral processes.

With regard to the publications, the Electoral Tribunal judges concluded that “Yes, government propaganda can be prohibited‘, from a preliminary analysis, having already been analyzed and rejected by the Supreme Chamber, at Resolution SUP-REP-33/2022 and compiled.

On this subject, President Andres Manuel Lopez Obrador wondered how the Legislature’s agreement could be rescinded; He asserted that it was “absurd” and “anti-democratic”.

“How will there be a decree or how will the agreement of the legislature which has to do with the promotion of democracy be annulled, and how will the Electoral Tribunal be against the publication of consultation and public referendum, it is a referendum, paradoxical, paradoxical, absurd, in addition to being anti-democratic,” he said at the morning conference.

Before being discussed, Electoral Court The draft resolution was passed Which confirmed it Government propaganda is not allowed, Including public servants’ expressions, in the closed period to cancel the assignment.

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The document, decided by Judge Felipe de la Mata Pisana, Declares the inapplicability of the decree, stressing that it has exceeded the constitutional text, in addition to that it highlights that the interpretation conflicts with the rule that electoral laws must be issued and published at least 90 days before the start of the electoral process to be published, and during this period it cannot be There will be major legal changes.

For this reason, she concludes, the decree is “not applicable in cases of de-authorization, which include disputes arising in the development of the current process, either in precautionary measures or in background analysis.”