INTERNATIONAL EXCHANGE ON OFFENSES,

CRIMES, AND ELECTORAL DISPUTES WITH

REPRESENTATIVES OF SOUTH AFRICA´S

INDEPENDENT ELECTORAL COMMISSION

2

INDEX

I. PRESENTATION

II. MEXICO-SOUTH AFRICA ELECTORAL RELATIONSHIP

III. WORKSHOP´S OBJECTIVE

IV. PROGRAM

V. SPEAKERS´ CURRICULAR PROFILES

VI. DELEGATES´ CURRICULAR PROFILES

VII. MEXICO´S POLITICAL AND ELECTORAL SYSTEM

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I. PRESENTATION

Outlook

Electoral democracy requires constant improvement and update in order to satisfy those demands

presented by a modern society, rights-demanding citizens, and strong political parties fighting over

access to political power.

Through this given outlook, elections´ management has gradually become an object of knowledge, as

well as a specialized practice. Nowadays, those of us involved in elections´ management not only

encounter a widely extended and diversified practice, but also a very complex one, related to ways of

conducting it to satisfy universally recognized international standards, oriented towards free, clean,

fair, equal, and reliable elections.

The classic standards on electoral democracy have not changed, but the parameters established to

meet them have. Current developing conditions on electoral abilities demand a broader electoral

quality for the authority to comply with such standards. An effort in accordance with the political

exigency to train electoral officers is required.

Registered changes in the electoral agenda´s evolution ask for new aptitudes, (knowledge, abilities,

skills) and new attitudes (values and behaviors) of those responsible of organizing elections in the

world.

It is necessary to carry out an inspection and a periodic adjustment in subjects such as: electoral

registry update and integration; voting and scrutiny mechanics; voter information campaigns; special

care of vulnerable groups; document and electoral material acquisition, or production, and

distribution policies; and the mechanics to preserve vote´s secrecy, among others.

Thus, information, specialization, and update of electoral bodies´ human resources have become a

strategic must. Electoral formation is a fundamental piece to electoral bodies for many reasons:

It encourages specialization over the functions and key subjects for them.

Generates and institutional memoir that makes procedures more effective.

Promotes research to deepen aspects on institutional interest, or encourages knowledge on

better practices.

The General Council of the National Electoral Institute (INE) approved the creation of the

International Center for Electoral Training and Research in September, 2010. Its purpose is to offer

an international forum for training, updating and professionalization, in order to provide with new

aptitudes (knowledge and skills) and new attitudes (values and behaviors) thru different training

programs aimed at those responsible for organizing and managing the electoral processes, but under

an empirical approach of sharing experiences, best practices and knowledge in the frame of the

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horizontal cooperation and, therefore, the active participation in the society of several actors of the

international electoral system, in its conformation and programming.

This initiative aims to justify the complexity in the organization of elections in which, during the last

decade, new dynamics and challenges have emerged, such as: the over sighting of public and private

funding of political parties and campaigns, regulation of political advertising and election campaign

periods, the use of new technologies for issuing and counting of votes, the immediate provision of

preliminary results, the vote from abroad and political representation of expatriates, the limitation on

campaign spending and other mechanisms to ensure equitable conditions of competition.

In this sense, it is important to refer to the main precedent of the Center. It is the International

Program on Electoral Training and Research (PICIE), which is a mechanism of horizontal cooperation,

developed by INE with the United Nations Development Program in Mexico and the Federal Electoral

Court. This Program is aimed to senior managers and executives, under a medium and large term

perspective. It emphasizes the strategic planning for political leadership of the technical aspects in

the electoral management. Also it motivates the participation of other partners like the Foreign

Affairs Ministry of Mexico, the International Foundation for Electoral Systems (IFES), and the

International Institute for Democracy and Electoral Assistance (International IDEA), among others.

Under this Program, from March 2004 to January 2014, 59 international workshops have been

developed. We have responded the applications from electoral authorities of 4 of the five continents

as we can see in the next table.

Year/Continent Africa America Asia Europe Total

2004 Haiti Iraq 2

2005 El Salvador (2) Guatemala

3

2008 Bosnia & Herzegovina 1

2009 Zambia South Africa

Guatemala East Timor Lebanon The Philippines

6

2010 Burundi Botswana Benin

Argentina (2) Macedonia 6

2011 Ethiopia Botswana Kenya

Venezuela Guatemala

Nepal East Timor Afghanistan

Ukraine Georgia

10

2012 Egypt Egypt, Libya y Tunisia Nigeria Ethiopia

Costa Rica Peru El Salvador, Guatemala

Romania Croatia

10

2013 Nigeria Ecuador (4), Colombia, Perú y Bolivia, Haiti Guatemala

Indonesia 9

2014 Cameroon Ecuador (3) Nepal Moldova 6

2015 Cameroon Ecuador, Colombia, and Peru

Albania

Total 17 25 10 9 60

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II. MEXICO-SOUTH AFRICA ELECTORAL RELATIONSHIP

The relationship between the National Electoral Institute (INE) of Mexico and the Independent

Electoral Commission (IEC) of South Africa, began during 2009, after the implementation of the

International Training and Electoral Research Program by the former Federal Electoral Institute of

Mexico, in which an International Workshop on Electoral Administration was held.

The International Workshop was organized by the former Federal Electoral Institute (IFE), the United

Nations Development Program (UNDP), Electoral Tribunal of the Judiciary Branch, and the Center for

Electoral Promotion and Assistance (CAPEL).

One of the main objectives of the Workshop was to collaborate along with the Independent Electoral

Commission in an attempt to contribute with the Institution´s consolidation regarding electoral

organization mechanisms and procedures. The other objective was to present experiences and

practices with regards to the political and technical aspects in the electoral process, as well as

presenting compared perspectives in accordance to the request of particular themes of interest made

by the South African Electoral Commission.

Such relationship may also be contemplated under various approaches made between the two

Nations on their efforts to strengthen works within the electoral framework. Thus, a series of visits

and specialized exchanges have taken place between Mexico and South Africa since 1997.

Official visits to INE (former IFE)

1997-1998: A delegation of South Africa´s Electoral Commission along with South Africa´s

Ambassador to Mexico took part of the works regarding the electoral reform of 1996, the

preparations for the 1997 federal elections and a series of works regarding the electoral

process and organization in 1998.

2003: participation of South Africa´s accredited ambassador in Mexico at IFE´s event for

strengthening ties between the Institution and the foreign diplomatic missions.

2006: A delegation of government officers participated in works regarding the Mexican

political system and Foreign Policy.

Technical assessment and assistance missions

During this mission, a delegation from Mexico participated in Johannesburg the works

regarding the launching the second phase of the Ace Project.

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Electoral Observation Missions

2000: Mexican general elections in which a delegation of the Independent Electoral

Commission participated.

2012: The Independent Electoral Commission of South Africa participated in the observation

mission of the General Elections.

2015: Chairman, Mr. Glenn Mashinini, and Vice-Chairman, Mr. Terry Tselane from the

Independent Electoral Commission participated in the General Elections conducted for the

first time by INE.

III. WORKSHOP´S OBJECTIVE

Background

A petition made by South Africa IEC´s Vice-Chairperson requesting a series of work sessions between

two representatives from IEC and officers from Mexico´s electoral institutions in order to learn of the

country´s experience on handling electoral crimes and offenses.

Such request emerges from the evaluation process held by the IEC after the national and local

elections of 2014, identifying the need to strengthen institutional capacities to investigate complaints

related to alleged transgressions to the Electoral Code of Conduct, which integrates part of the

Electoral Law.

Mexican elections 2015 and South Africa

Representing South Africa´s IEC for Mexico´s Midterm Elections, assisted the institution´s Chairman,

Mr. Glenn Mashinini, and Vice-Chairman, Mr. Terry Tselane. During the event, both representatives

participated in the events, before, during and after Election Day.

Starting on June 4th, the representatives assisted to the Foreign Visitors Forum, in which the actively

participated in order to understand how the elections would work on June 7th.

During Election Day, they both joined the electoral polling station routes as part of the works carried

out during the day in order to acquire a closer perspective on how the elections took place through

electoral constituencies within the Federal District.

To conclude the Foreign Visitors´ program, they attended the meetings carried out by the Inter

American Union of Electoral Bodies (UNIORE), in which and assessment of the Electoral Day was

produced, result of the opinions and observations made by all those foreign visitors present in the

electoral process.

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Objective

To hold working and exchange sessions with representatives between the IEC and Mexico´s electoral

institutions (INE, TEPJF, and FEPADE). The intention of this working sessions will be oriented

towards the presentation of general concepts and key aspects to the operating model in Mexico, in

order to define the differences and terms between electoral offenses and crimes, and the appropriate

institutional stances and procedures to solve them.

Subjects

- Electoral offenses and crimes - Electoral litigious process - Electoral conflict and disputes resolutions - Resolution of electoral complaints

Methodology

The workshop´s working order will be developed in three stages: 1. Presenting the session´s core subject from an international compared perspective in order to provide a wide array of relevant experiences for Cameroon and Mexico. 2. Presentation of the main challenges and issues faced by experts, institutions and South African officers on each subject from the program, so that the speakers may get contextualized on the situation pertaining to the guest country. 3. Present the Mexican experience on subjects integrated within the agenda. On each working session, a space for exchange of ideas will be granted. Collaborating Organizations

- National Electoral Institute (INE) - Electoral Tribunal of the Judiciary Branch (TEPJF) - Specialized District´s Attorney for Electoral Crimes (FEPADE)

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IV. PROGRAM

Wednesday, November 4th

(INE, Multipurpose Hall)

INAUGURAL SESSION

Moderator INE

09:30 to 09:35h Preamble, Manuel Carrillo, Head of the Foreign Affairs Unit/Carlos Navarro, Director of International Studies and Projects

09:35 to 09:40h Terry Tselane, IEC´s Vice-Chairman

1st SESSION RESEARCH MODELS FOR ELECTORAL CRIMES AND OFFENSES

Moderator INE

09:40 to 11:40h Basic principles of the Mexican model on electoral crimes and complaints

Particular aspects of the legal doctrine Raúl Ávila, International expert

11:40 to 12:00h Break

12:00 to 13:30h Meeting with the President of INE´s Complaints Commission Adriana Favela, Electoral Councilor

13:30 to 16:30h Lunch

17:00 to 17:50h INE´s litigious model on elections

Current context and main challenges

Ordinary and Special penalizing processes Aidé Macedo, Director of Special Penalizing Processes / Oscar Vela, Director of Ordinary Penalizing Processes

17:50 to 18:10h Exchange session

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Thursday, November 5th

(INE, Multipurpose Hall)

Friday, November 6th

(INE, Multipurpose hall)

2nd SESSION

CONTROVERSY AND DISPUTE RESOLUTION MODELS

Moderator INE/TEPJF

10:00 to 10:30h Controversy resolution experiences

General aspects of the Electoral Court´s attributions IEC´s representative

10:30 to 11:00h Mexico´s Electoral Tribunal attributions regarding controversy and electoral disputes resolutions Electoral Tribunal´s representative

11:00 to 11:30h Controversy resolution system Electoral Tribunal´s representative

11:30 to 12:00h Exchange session

12:00 to 12:20h Tour through the TEPJF facilities

12:20 to 14:20h Lunch

16:00 to 18:00h Meeting with representatives from political parties at INE • PRI • PAN • PRD • MORENA • MOVIMIENTO CIUDADANO • NUEVA ALAIANZA • PVEM • HUMANISTA • ENCUENTRO SOCIAL

3rd SESSION ELECTORAL COMPLAINTS´ RESOLUTION MODEL

Moderator INE 10:00 to 10:30h EMB´s attributions regarding electoral complaints´ resolutions

IEC´s representative 10:30 to 11:00h Electoral complaints´ resolution mechanisms

Lorenza Morán, FEPADE´s representative 11:00 to 11:30h Exchange session

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V. SPEAKERS´ CURRICULAR PROFILES

SESSION 1: RESEARCH MODELS FOR ELECTORAL CRIMES AND OFFENSES

Manuel Carrillo Holds a Bachelor´s Degree in Political Sciences and Public Administration granted by the National Autonomous University of Mexico´s (UNAM) Faculty for Political and Social Sciences. He holds a Master´s degree in Political Sciences by the El Colegio de Mexico´s Center for International Studies. He was Deputy Director for Political Analysis of the Ministry of State´s National Security and Research Department. Since 1993 he has been the Head of INE´s (former IFE) Foreign Affairs Unit.

Carlos Navarro is the Director of International Electoral Projects and Studies in International Affairs section of the National Electoral Institute (INE). He has a graduate degree in International Relations and a Masters in Latin American Studies from National Autonomous University of Mexico (UNAM). He is the author of publications, which give insights to the Federal Electoral Institute on the international community and various comparative studies on electoral politics. He has participated in international missions of technical assistance on topics such as regulation, control and supervision of the financing of political parties and electoral campaigns, electoral systems, voting abroad and electoral organization. He has been a representative of the IFE in international election observation missions, as well as a speaker in different forums at various institutions and associations of electoral bodies.

Raúl Ávila holds a PhD in law from UNAM and a Master´s degree in Latin American Studies by the University of Texas. He was president of the Mexican Academy for Law, Education and Culture AC (AMEDEC). He has held several positions in the public administration of the state of Oaxaca, including Chief of Staff and General Coordinator of Social Communication. He was Coordinator of International Affairs of the Electoral Court of the Judicial Power of the Federation. He is currently a Commissioner of the State Institute for the Access to Public Information of the State of Oaxaca. Additionally, he is external consultant for International IDEA.

Adriana Favela Holds a Master´s Degree in Public Administration by the Universidad Anáhuac del Norte and a Law Bachelor´s Degree by the Juarez University of the state of Durango. She is currently realizing her PhD in Law at the Universidad Anáhuac del Sur. She has broad experience in electoral matters having held charges such as Instructor Judge at Durango´s Regional Court and Secretary Instructor at the Superior Chamber of the Electoral Tribunal of the Judiciary Branch. On 2005, she was appointed by the Mexican Senate as Judge of Toluca´s Regional Court of the Electoral Tribunal of the Judiciary Branch. She has been INE´s Electoral Councilor since April of 2014.

11

Aidé MAcedo, Director for Special Sanctioning Procedures, Technical Unit on Contentious Electoral Matter

Oscar Vela, director for Ordinary Sanctioning Procedures, Technical Unit on Contentious Electoral Matter

SESSION II: CONTROVERSY AND DISPUTE RESOLUTION MODELS

Representative from Mexico´s Electoral Tribunal

SESSION III: ELECTORAL COMPLAINTS´ RESOLUTION MODEL

Lorenza Morán

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VI. DELEGATES CURRICULAR PROFILES

Terry Tselane is Vice-Chairperson Chairperson of the Independent Electoral

Commission. He has served as the Chief Executive Officer of Gauteng Tourism

Authority. He has served in the Secretariat for the National Economic Forum

and Business South Africa and National Education Coordinating Committee for

3years. On 2013 he participated in the Specialized Course on Political Systems

and Results Transmission organized by CICIE. He also attended the 2015

Mexican Elections as a Foreign Visitor in the Federal Electoral Process 2014-

2015 Forum.

Rekha Raath served two years of clerkship with Attorneys Harkoo, Brijilal and

Reddy. Admitted as an attorney of the High Court in August 1997 and joined the

above-mentioned firm as a Professional Assistant. Fields of expertise included

civil and criminal litigation and, negotiations involving commercial transaction

and labor-related matters. Commented on legislation that is administered by

other government departments and have forwarded submissions to the other

Departmental Directorates informing them of the provisions of any relevant

legislation and its practical implications for the Department, for e.g. the

provisions of the Promotion of Access to Information Act and the Promotion of

Administrative Justice Act.

Phatudi Simon Mamabolo has extensive experience in research and public

administration. Holds a Bachelor’s Degree in Arts and a Master’s Degree in

Local Government and Management both from the University of the

Witwatersrand. Possesses extensive experience in electoral administration. He

was Deputy Chief Electoral Officer responsible for Electoral Operations in

which he finalized an elections’ program and legislative amendments which are

being piloted through Parliament for the preparations of the 2016 municipal

elections. He currently holds office as Deputy Chief Electoral Officer.

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VII. MEXICO´S POLITICAL AND ELECTORAL SYSTEM

Mexico

Political and Electoral Overlook

Political Organization: Mexico is a Federal State composed by thirty-two entities of a Federation:

thirty-one states and the Federal District (Mexico City), this one, being the venue of the Federal

Branches. The government system is presidential. Both, Federation and the thirty-two states are

based on the principle of division of powers between the Executive, Legislative and Judicial Branches.

Form of Government: presidential

Executive Power: The Federal Executive power rests upon the President of the Mexican United

States1. At local system, for each one of the thirty-one states upon the Governor for each entity

and in the Chief of Government for the Federal District. All of them are elected every six years

and may not be re-elected.

Legislative Branch: vested upon the Congress of the Union, divided into: Upper and Lower

Chambers. The Legislative Branch of the thirty-two entities is single-chambered; those

belonging to the thirty-one states are called Local Congresses and the one for the Federal

District is named Legislative Assembly. All legislators are elected for a three-year period,

except the members of the Upper Chamber who serve a six-year period. And beyond the 2015

election can be related for another term of service not exceeding, the Congresses Men and the

Senators a twelve years period at the appointment.

Judiciary Branch: At Federal level presided by the Highest Court in the Country, Supreme

Court of Justice of the Nation, the judiciary function besides is deposited at the Electoral Court

of the Federation, Circuit Tribunals and District Tribunals. With exception of the Supreme

Court, the Federation Judiciary Council oversights and manage disciplinary procedures to

organisms’ members of the branch.

1 Official name of the country.

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Electoral System

Mexican electoral system is a mix system of election, it means representatives are elected by relative

majority or simple majority election through direct vote and a proportional representative derived of

it; with a little inclination to relative majority system election.

Election of the President of the Republic: through direct election, universal suffrage, and the principle

of simple majority.

Election of the Lower Chamber Members: The Lower Chamber is integrated by 500 representatives;

all of whom are renewed every three years by a mixed system; 200 by proportional representation

through a system of parties’ lists of five constituencies and 300 by simple majority at uninominal

electoral districts wide country.

Election of the Upper Chamber: composed by 128 members elected through a three-partite system.

64 are elected in a two-member formula2 –two senators for each state of the country- elected by

simple majority, 32 are determinate by proportional representation and the last 32 senators are

elected by a principle of the first minority, this minority is the formula that gains the second largest

balloting.

Mexican Electoral System’s Bodies

National Electoral Institute

Federal Electoral Court3

Specialized Prosecutor Office for Electoral Crimes

Besides these three specialized bodies at federal level, every state of the republic has, by

constitutional mandate a permanent Local Electoral Court and a permanent EMB, which results in 32

Local EMBs and 32 local Electoral Courts; no matter Mexican Constitution gives autonomy of

functions to local EMBs, if needed the local EMB can subscribe an agreement with the National

Institute to arrange this last one administrates a local election besides the faculty of attraction that

law grants to INE of vote .

Electoral management bodies, national and locals

There are two main features regarding electoral affairs that determine distribution of competences.

First; the Federation; as well as the 32 states, has their own regulations, institutions and procedures

in electoral affairs. That is to say, the boundaries between the electoral competences of the two levels

of jurisdiction are clearly marked, but some functions are just faculty of the national EMB, i.e.

electoral training, national voters’ registry, over sight, for mention some of them. In case the INE,

2 Candidate and substitute candidate.

3 Tribunal Electoral del Poder Judicial de la Federación, (TEPJF, by its acronym in Spanish. It is integrated by a Superior Courtroom and Five Regionals Courtrooms).

15

considers the local EMB has enough structure and capacity to handle the functions it can be delegated

on them.

Hence, although they have some fundamental rules in common, federal elections (President,

Representatives and Senators) and local elections (Governors, State Representatives and local

authorities) are ruled and organized separately.

Second, the administrative and the jurisdictional functions are separated functions, therefore are

given to different organs for each level.

The National Electoral Institute (INE) is an autonomous, public organization, with an independent

character regarding its decisions and functioning. It is in charge of manages federal elections, that is,

the election of President of the United Mexican States and Lower and Upper Chamber members that

constitute the Union Congress.

The National Electoral Institute (INE) is an autonomous, public organism, with an independent

character regarding its decisions and functioning. It is in charge of manages federal elections, that is,

the election of President of the United Mexican States and Lower and Upper Chambers’ members that

constitute the Union Congress.

The Constitution core values in which the National Electoral Institute must base every action are six:

Certainty

Legality

Independence

Impartiality

Objectivity

Maximum Publicity

INE is endowed with a permanent character, legal personality and patrimony of its own. Its

headquarters are in the Federal District, and in order to carry out its tasks it operates in a

decentralized manner across the nation with 32 decentralized offices one in every entity of the

country and 300 more offices at district level.

Ever since its creation, the constitutional and legal regulations in this matter have experienced

significant reform processes, which have had an impact on its integration, attributions and functions.

It is worth to mention the reforms of 1996 and 2007.

The first one because it reinforced the level of independence and autonomy of the EMB by completely

dissociating the Executive Branch from any aspect regarding its integration and functioning, and by

reserving the vote within all its directive bodies to Citizens Councilors that do not have links to any

political party or to any State power or body. The second one, because it strengthened and extended

EMB’s attributions, especially in terms of over-sight’s faculty and control of the funding of political

16

parties and electoral campaigns, as well as the administration of the slots allocated to the State on

radio and television to operate a new electoral advertisement scheme.

In order to guarantee a professional and specialized performance, the Institute relies on a special

system regarding recruitment, selection, training, and evaluation of qualified staff to provide electoral

services, especially in areas directly linked with the preparation and organization of elections. This

system developed is the Professional Electoral Service.

Mandate

The electoral law establishes that the organization and functioning of INE must be oriented towards

achieving eight fundamental goals:

To contribute to the development of democracy.

To preserve the strengthening of the political parties’ system.

To integrate the federal registry of voters.

To ensure the citizens' exercise of political-electoral rights and to guard the observation of

their duties.

To guarantee periodical, truthful and peaceful elections to renew the Legislative and the

Executive Branches.

To watch for the authenticity and effectiveness of vote casting.

To promote vote and democratic culture.

To be sole authority to manage the slots belonging to the State in radio and television

designated to spread electoral bodies’ objectives and to guarantee the right of equity of the

political parties.

Main Attributions

INE is directly responsible for all of the activities concerning the preparation, organization,

conduction, and surveillance of the federal electoral processes, as well as for those regarding the

goals that the law has established for it. Among its main attributions are the following:

To periodically determine and revise the electoral geography.

To elaborate and update the Federal Registry of Voters, and issue the photographic voting

card required for casting a vote.

To register national political groups and parties as well as guard their rights and prerogatives.

To set the ceilings for campaign expenses.

To oversee and audit the origin, management and application of all political parties’ financial

resources regarding ordinary and campaign activities.

17

To register the candidacies for federal election posts.

To design, print, and distribute all electoral materials.

To select and train polling site officers.

To regulate opinion surveys and polls.

To assure electoral observation.

To tally electoral results.

To declare the validity and grant certificates in the elections for Lower and Upper Chamber

members4.

To receive electoral breaches according to law and filed documentation to be send to the

Electoral Court.

To design and execute permanent civic education programs.

Role distribution on electoral areas

As already mentioned, on December 13th of 2013, the Congress of the Union approved a block of

constitutional reforms that deliver significant updates and some novelties onto the Mexican electoral

regime oriented towards political and electoral matters.

On February the 10th of 2014, the Official Gazette of the Federation published the decree in which

various political and electoral dispositions were reformed and abrogated in the Political Constitution

of the United Mexican States.

Such reform redesigns in a substantial manner the Mexican electoral regime, for the purpose lies in

aligning the standards in which the federal and local electoral processes are organized, thus

guaranteeing the Mexican democracy´s quality levels.

On May 2014, the secondary law was issued from the electoral and political reform, and named

General Law for Electoral Institutions and Procedures (LEGIPE by its acronym in Spanish).

Besides organizing the federal electoral processes, INE coordinates along with local electoral

organisms for the polls´ organization in each federated entity when federal and local elections

converged, the unique polling station with divided costs.

The administrative attributions (prepare, organize, and conduct elections), and the jurisdictional

attributions (controversy resolution and applying of electoral justice), are clearly differentiated and

are bestowed upon different organisms for each governmental level.

On a national level, the administrative attributions correspond to direct management of the National

Electoral Institute (INE), which is, as previously mention, a public autonomous and independent

4 Regarding Presidential Election, the Electoral Court has the final part of the process into its responsibility. After solve all claims and resources filed, the

Court must tally and declare validity of the election so as grants to the winning candidate the certificate of President Elect.

18

body; as for the jurisdictional attributions, these belong to the Electoral Tribunal, which is a

specialized Court of the Federation´s Judiciary Branch that also possesses attributions to resolve, in

certain cases and as a last instance, local electoral controversies.

National Electoral Institute

The National Electoral Institute (INE) is the public autonomous body responsible for organizing

federal elections, meaning, elections of the Republic´s President, Representatives, and Senators that

integrate the Congress of the Union. By the recent reform it has being endowed with a faculty, if the

case, to vote at the General Council to organizing local elections in the states of the Republic or the

Federal District, along with the local electoral management bodies.

INE is empowered to carry out in an integral and direct manner all the duties related to preparing,

organizing and conducting federal elections, which include reviewing and adjusting electoral

geography; integrating and updating the electoral roll; attending the rights and prerogatives of

political parties and national political clusters; formulating and executing permanent civic education

programs.

Also, along with the new political and electoral reform, INE possesses new roles.

Under petition of the political parties, INE may organize their internal elections5.

INE will guarantee that independent candidates have access to State´s times on radio and

television, so that they may issue their campaigns.

Verify the compliance of the required minimum of the nominal list (2%) in order to request

practice of popular consultation6, and carrying out the necessary activities for its

organization, including the results scrutiny and declaration.

INE´s inner structure on a central and decentralized level has three different types of bodies:

1) Executive, constituted under the General Council´s figure, is the decision-taker body and

deliberative stances, responsible for watching over the compliance of constitutional and legal norms

related to the matter;

2) Technical-executive, constituted under a board of trustees figure and are responsible of carrying

out all required technical and administrative tasks for preparing, organizing, and developing the

elections (300 offices long-across the country and 32 offices at every state entity in the country);

3) Surveillance, integrated under a commissions figure with exclusive assignments in the electoral

registry sphere.

5 Which has occurred the past summer; the Democratic Revolution Party (PRD) requested the EMB to organize its internal elections that being held on

September 7th.

6 A direct democracy tool, which could be used by citizens for the first time in Mexico’s history.

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INE´s General Council

The General Council is the superior executive body of the National Electoral Institute, thus,

responsible of watching over compliance of the constitutional and legal dispositions on electoral

affairs, as well as for watching over certainty, legality, independence, impartiality, objectivity and

maximum publicity principles guide all institution´s activities.

It is composed by 11 members with voice and vote rights, and a variable number of members with

voice right but no vote7.

Within their new attributions, it has been considered that INE will designate local General Councils

for every local EMB.

The 11 members with the right of voice and vote are the President Counselor and 10 Electoral

Counselors all of which are elected with a two thirds voting by the legislative lower chamber, from

proposals made by the Technical Evaluation Committee (CTE). This committee is made up by seven

“personalities of recognized prestige”- three of them designated by the lower chamber, two of them

by the Information Access Federal Institute (IFAI), and two more by Human Rights National

Commission (CNDH). The President Counselor is elected to serve for a 9 year term (the current

President Counselor began his term in February 2014) no reelection is possible. The ten Electoral

Counselors are appointed to serve nine, six or three years’ terms and may not be reelected.

Current Electoral Council is integrated by:

PhD. Lorenzo Córdova Vianello, President of the General Council

M.A. Enrique Andrade González

M.A. Marco Antonio Baños Martínez

M.A. Adriana M. Favela Herrera

M.A. Beatriz Eugenia Galindo

Centeno

PhD. Ciro Murayama Rendón

PhD. Benito Nacif Hernández

PhD. José Roberto Ruiz Saldaña

M.A. Pamela San Martín Ríos y

Valles

M.A. Arturo Sánchez Gutiérrez

M.A. Javier Santiago Castillo

7 Seven Councilors from Legislative Branch, one for each parliamentary fraction representing at the Congress; and ten national political parties’

representatives, one for every party with national registration and the Executive Secretary.

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2015 Elections Overview Background

Mexico´s Federal Electoral Process of 2014-2015 started on October 7th, when the National Electoral

Institute began all the organization works to renew The Chamber of Deputies. On June 7th, there

were 16 entities with concurrent elections where 2,179 public charges were elected:

500 federal deputies 9 governorships (Baja California Sur, Campeche, Colima, Guerrero, Michoacán, Nuevo León,

San Luis Potosí, Sonora y Querétaro)

641 local deputies

993 mayor offices

16 constituencies´ leaderships in the Federal District

The electoral process had a total cost of 18,572 million pesos, representing a 4% increase compared

to the 2012 presidential elections. INE estimated the cost of each vote to be of 228.91 pesos, which

increased to 451.96 pesos if only 50% of the electoral roll voted.

Among others, for the first time, local EMBs and INE will share a unique polling station8; that

represents a challenge in logistics operations and financially. Sharing a polling station means sharing

costs, human resources at field operations, a different scrutiny and tally methodology and a different

number of polling officers regarding the previous used model.

E-DAY

INE reported that by 13:00 hours on June 7th, a

total of 98.1% total of approved polling tables had

been installed, according to an official message

given by INE´s President Councilor, Lorenzo

Córdova.

The Quick Count processed by INE as well as for the

Preliminary Electoral Results Program (PREP)

showed the following data by 23:15 on June 7th:

When the PREP closed, with a total of 98.63% of the

vote certificates being tallied, meaning a total of

147,683 counted polling tables, a total of 4.88% of

nullified cotes was reached. The last report showed

that the parties PRI, PAN, and PRD lost altogether a

total of 5.1 million votes compared to 2009.

8 In 2015, 17 federal entities (states of the country) will hold local elections the same day of federal, in where unique polling station model shall operate.

21

The election celebrated to choose federal deputies and local authorities from 16 states had a total

voter participation of 47% (3% more than in 2009) from the people registered in the electoral roll.

INE informed that a total of 148,409 polling stations out of the 149,726 approved, representing a

99.84% of installation.

Only 182 polling stations where not installed in 10 districts of 5 federative entities, meaning a total of

0.12%; and 410 polling stations were suspended from the voting exercise, which means a total of

0.27% of the total 300 polling stations.

From the suspended polling stations, in which case, 145 where suspended for reasons of violence and

in 245 because of theft or wrack of electoral packages, from which 363 corresponded to the state of

Oaxaca, 29 from the state of Chiapas, 10 from Baja California Sur, 4 from Tabasco, 2 from Michoacán,

and 2 from Veracruz.

From the non-installed polling stations, 137 belonged to the state of Oaxaca, 26 to Guerrero, 15 from

Chiapas, 3 from Hidalgo, and 1 from Chihuahua.

Participation from political parties´ representatives at the polling station corresponded to a 99.39%:

PAN: 79.8%,

PRI:94.3%,

PRD: 64.4%,

PVEM: 52.3%,

PT: 32%,

MC: 27.3%,

PANAL: 54.2%,

MORENA: 35.2%,

PH: 5.6%,

PES:11.1%

This drill test outlined that the Chamber of Deputies was to be distributed as follows: 243

seats for the PRI-PVEM alliance (198+45 accordingly); PAN received 110; PRD 54;

MORENA 34; MC 27; PT 13; PANAL 10; PES 8 and one independent candidate (Manuel

Clouthier).

The independent candidates who won on the

June 7 electons were:

Jaime Rodríguez Calderón, el Bronco, won Nuevo Leon´s state governorship with a 48.9% of votes.

Manuel Clouthier won a federal seat in Congress representing the state of Sinaloa, Culiacán, by garnering a total of 42.3% votes

César Valdés won as Mayor of García, Nuevo León with 41% of votes.

In Zapopan, Jalisco, Pedro Kumamoto obtained a seat for the local Congress with

37.6% of the votes.

In Comonfort,

Guanajuato,

Alberto Méndez

won with 29.3%;

and

In Morelia,

Michoacán,

Alfonso Martínez

garnered

substantial votes.

Composition of the newly elected Lower Chamber

New model of Single polling station

With the traditional model in the forthcoming e-day of 2015, polling workers should be in

charge of maximum three elections (president, congressmen and senators) with the new

sharing model they will in charge maximum of four elections (congressmen, governor,

mayor and local congressmen).

ELECTORAL TRAINING

The electoral training provides tools to different actors (citizens acting as election polling

station’s officers, political parties’ representatives at polling stations, electoral observers

and citizens) involved in the development, monitoring and observation of electoral

processes to fulfill the entrusted task.

General Substitutes

Scrutinizers President Secretary

v

Single Polling Station Model Traditional Model

In Mexico polling station officers are citizens selected by a random process and train with

the specific purpose of receive votes casted and conduct the scrutiny and tallying

processes.

Random selection process for polling station officers

By raffle the General Council of INE selects a month of the calendar, all citizens

born in that month and the immediately following month shall be candidates

Every district council must select at least the 13% of every electoral list

Those selected citizens will received an invitation to get trained, in a general

overview

The general council will select a capital letter, those last names beginning with that

letter must head the lists of potential polling stations’ officers

With this last one criteria each district council must conduct the entitlement of

their polling stations officers

Those will be invited to a second training course with specific information

regarding to the role he or she must develop on e-day

Polling station officers: Citizens selected randomly, by means of two drawings, to receive,

tally and register the votes during Election- Day.

Training Modes: a) In situ: Teaching platform: Cognitive approach, constructivist theory

and skills development. b) Individual or group: Home address; Alternative space

determined by the Executive Direction; Temporary of fixed training centers.

The electoral training during electoral process also considers train to electoral observers.

Electoral Observers are citizens that want surveillances the process, they are allowed by

law and all EMBs must assurance they can do it and provide the knowledge tools.

Mexico is a country with an old and strong tradition in support electoral observation;

since 1994 with public money through an international organism have funded a special

support project for those civil society organizations to develop specific projects regarding

the process with a wide range of topics to be observed. As well, have a legal figure –the

foreigner visitors- that let the EMB invite foreigner organizations, citizens or EMB´s

members to accompany for e-day.

Under requirement of political forces also INE is in possibility of provide train to

representatives of political parties and other sector of citizens interesting in got training

regarding elections, under timing possibilities of the institute.

ELECTORAL ORGANIZATION

Location of the Polling Centers

The ruling legislation establishes that the polling sites should be located in places with

free and easy access for voters, that allow the installation of booths or modules that

guarantee secrecy in the casting of the vote, and that places which may be susceptible to

influencing should be avoided. To this end, the preferred locations would be public

schools and offices. In any case, it corresponds to the district councils of the INE to

determine the number and location of the polling site that will be installed in the sections

included within their area of jurisdiction.

E- Day

The election-day is, undoubtedly, the crucial stage of the electoral process. During this

stage, the citizens cast their votes, which will determine the integration of the national

representation bodies.

The polling day starts at 8:00 a.m. with the installation and opening of the polling sites,

and ends with the closing of them at 6.00 p.m. After that scrutiny and tally of the votes

received in each one of the sites have been carried out and the respective electoral

packages have been put together the president of every polling site has the duty of hand

over them back onto INE district offices.

Since 1994, the EMB has implemented and perfected a Preliminary Electoral Results

Program (PREP), which allows the electronic transmission of data from each of the 300

district committees to a national center, by means of state of the art technology. These

results are publicly broadcasted in a national pressroom and through the Internet at the

moment they are been received.

The prohibition to publish or broadcast results or opinion surveys on electoral

preferences through any means is void as of 20.00 hrs. Central Time Zone. Usually, the

electronic communications media publicize the results of exit polls and of quick counts at

this time.

TRANSMISSION OF ELECTORAL RESULTS

Electoral Preliminary Results Program (PREP)

This program is a mechanism of information in real time, provides preliminary results, it

allows to citizens to known of the preliminary results of the election the same night of e-

day with a high grade of accuracy.

Its execution has been done since 1994, developed under an agreement with the National

Autonomous University of México since then the State of Art of the program has been

perfected.

The operational process is as following, 300 gathering and Transmission Center shall be

installed, one at each decentralized office of INE (District Electoral Office) and two

national preliminary electoral results reception centers (one functioning and the other

one is a backup). In the latest election it operates with a temporary staff of 4,705 people

nationwide. Its accuracy on the 2012 general election was from -0.01 to +0.05 with the

first fourth places in the results.

Operational Process

Tally Sheets arrives to the district office from each polling station of its jurisdiction

Immediately staff of INE took off from the electoral package the original of that

sheet

Results are read in loud voice one by one and at the same time clerking them into

an internal system that is being projecting on a big screen, so all political parties’

representatives can viewed them

At the same time at CEDAT9 clerk officers are typing the same information10 that

will be transmit in real-time to the national preliminary results center with a

confirmation round in order to avoid mistakes in typing; only matched results

could be sent.

After clerks typed data, other personnel from CEDAT scan every tally sheet to be

uploaded to internet, so every citizen can consult it practically 1 hour after being

received at INE offices through RedINE website

The information is compiled at the national center in order to project a nationwide

preliminary result by each election.

Media representatives and independent journalists so as foreigner journalists can register

at INE and get an accreditation to be at the national center pressroom in where giant

screens are projecting these results with hardware equipment and TICs connections

available to let them work and send their press releases.

9 Centro de Acopio y Transmisión de Datos by its acronym in Spanish (Gathering and Results Transmission Center).

10 The information typed is as following: type of election; electoral section number; number ID of polling station; time of gathering;

total of ballots unused; total number of voters on electoral list; number of ballots took off ballot box; obtained votes by each political

party; casted votes for a non-registered candidate and null votes.

POLITICAL PARTIES’ PREROGATIVES: FINANCING AND MEDIA ACCESS

Registry as political party

Mexico has a political parties’ regime, Mexican Constitution considers a political party as a

public interesting entity, in that sense procures all the activities regarding assurance the

exercise of a political life to every political organization that fulfilled legal requirements

and reach the status of political party.

For those entities participate in elections and perform all the functions that are inherent

to them, parties must obtain their legal registration, which gives them a set of rights,

privileges and obligations. To maintain its registration, with the current reform at least it

must obtain 3% of the valid voting cast in a federal election.

When a political force reaches the status of political party, it access to constitutional

prerogatives. By legal mandate prerogatives includes not only public financing, there are

also media access, telegraphic and mailing franchises.

Currently, in Mexico there are ten political parties at federal level. The following chart

presents its name, registered symbol and year of registry, in which order for all activities

are mentioned by the institute;

Partido Acción Nacional (PAN) (National Action Party)

1939

Partido Revolucionario Institucional (PRI)

(Institutional Revolutionary Party)

1945

Partido de la Revolución Democrática (PRD)

(Democratic Revolution Party) 1988

Partido Verde Ecologista de México (PVEM)

(Green Party of Mexico) 1993

Partido del Trabajo (PT)

(Labour Party) 1993

Nueva Alianza

(New Alliance) 2005

Movimiento Ciudadano

(Citizen Movement) 2011

Movimiento para la Regeneración Nacional

(National Regeneration Movement)

2014

Partido Humanista

(Humanist Party) 2014

Partido Encuentro Social

(Social Encounter Party) 2014

Financing There are two sources for financing: public and private funds. Public financing is divided into three fields:

permanent ordinary activities,

specific activities as entities of public interest (both yearly financing) and

campaign expenditures.

The total amount of ordinary public financing per year is linked to the number of

registered voters and the legal minimum wage.

The amount results from multiplying the total number of citizens registered in the

electoral roll up to July previous election year per 65% of the minimum wage currently in

force in the Capital City.

The subsidy granted for specific activities as entities of public interest aims at supporting

political parties in activities that concern political training and education, socio-economic

and political researches, as well as editorial tasks. With this purpose, an additional

amount that equals 3% the amount for ordinary activities, is granted and distributed to

women enhancing specific activities.

As for private funding for campaign expenditures when general elections (those for

President, Senators and members of the Lower Chamber), each party must receive a 50%

plus of the amount of the financing that it shall receive each year for ordinary expenses

for the campaign. In case of intermediate legislative elections, the political parties get 30%

of the normal yearly funding.

It is important to remark that each financing mechanism is distributed in the same way:

30% is allocated in equal parts to all political parties with parliamentary representation

and the other 70% is distributed according to the percentage of votes gained of the total

sum cast for each political party with representation in Congress in the preceding election

for Lower Chamber members at national level.

For political parties that obtained their registration after the latest federal election or that

kept their registry but do not have representation in Congress, the law establishes that

each one of them must receive public funding as follows: 3% of the total amount that

corresponds to political parties for permanent ordinary activities; the corresponding

additional amount for electoral expenses and only the equalitarian part of the funding for

specific activities.

Media Access

The constitutional and legal reforms of 2007-2008 have brought significant modifications

in this matter. Although political parties had guaranteed permanent and free access to

radio and television, they were also allowed to hire additional time slots during electoral

periods but in 2008 this change.

The main novelty is that nowadays the free access is the only way political parties and

their candidates may broadcast electoral advertisement through radio and television that,

in Mexico, operate under a scheme of licenses and concessions granted by the State. With

this reform and by constitutional mandate, neither the political parties, nor any other

subject may hire time slots in electronic media or radio for electoral purposes.

To operate the scheme of access and the use of radio and television for electoral purposes,

the law appoints the EMB as the sole authority for the management of the time owned by

the State in those media for all electoral bodies, federal and local, as well as political

parties that contend in the federal and local elections.

The law itself details criteria and procedures for the allocation of that time (that during

electoral periods adds up to 48 minutes a day in each radio station and television channel

within the country) between the electoral authorities and the different political parties.

Also as a result of the recent reforms, the Constitution establishes that during the period

comprising the federal and local campaigns and until the end of the corresponding polling

day, the broadcasting of all government propaganda must be interrupted except for that

of education and health services, or the one needed to protect the citizenship in

emergencies.

Likewise, the reform rocket a decree to constitutional level. The new law states that

political or electoral propaganda disclosed by the political parties must not include

expressions that denigrate institutions, parties themselves or slander the people.

OVERSIGHT AND EXPENDITURES CONTROL OF POLITICAL PARTIES

As a result of the same reform11, a new specialized, permanent and autonomous

Technical Unit was created within the EMB with responsibilities related to the reception

and the integral revision of the reports presented by political parties regarding the origin,

amount and destination of their financial resources.

Such is the Technical Unit for Oversight Political Parties’ Resources (UTF, by its acronym

in Spanish), which will not be limited in its performance by the banking, taxes or fiduciary

secrets established by other laws in Mexico.

In this regard, the parties are not only compelled to present annual financial and

campaign reports, but also must present the following:

quarterly advance reports of their exercise in non-electoral years;

a consolidated annual statement of their assets and property;

pre-campaign reports for each of their pre-candidates to elective posts, within the following 30 days of the conclusion of the pre-campaign;

report of the expenses of organization of the intern and pre-campaign processes for the selection of candidates included in the annual financial report; and a

Preliminary report of campaign expenses, with updated data as of May 30 on election year.

With the 2013-2014 reform on electoral affairs UTF was endowed with the faculty of

oversee at national and local level the financial resources of political parties with national

or local registry. But it is also endowed with the possibility of delegate local oversight

onto local EMBs with the only restriction of verify that have technical and human

resources capacity.

A new faculty given by law to the UTF is the possibility of pay in behalf of political parties

for some expenditure regarding the following activities:

Permanent ordinary activities

Pre-campaign

Campaign

11 The 2007-2008 legal and electoral reform.

Or just to pay specifically for:

Those regarding to advertising on public places during campaign

All political parties are compelled to hand over informs to the UTF, as well the Unit after made a final decision about each one integrated a consolidated inform which is presented to the General Council of the institute through its President, to proceed with sanctions if it the case.

ELECTORAL TRIBUNAL OF THE JUDICIARY BRANCH

The jurisdictional activities belong to the Federal Electoral Court, a specialized organ of

the Judiciary Branch of the Federation that has the constitutional sole faculty to solve

regarding electoral affairs, in certain cases at first instance in local electoral controversies

(in Regional Courtrooms) and in some issues at last instance or unique instance (Superior

Courtroom).

Electoral Jurisdiction in Mexico suffered a series of reforms since 1977 from an

administrative nature tribunal depending of the executive branch until at final an

electoral jurisdiction organ of the judiciary branch is constituted. The Electoral Tribunal

of the Judiciary Branch is the Federal Electoral Court in the country, its composition is as

following:

Superior Chamber

Five regional chambers, one for each constituency

Superior Chamber

It has its venue at Mexico City and is integrated by 7 Magistrates12, with previous judicial

career and appointed by a term of nine years without re-election.

The current members of Superior Courtroom are: President Magistrate Constancio

Carrasco Daza; Magistrates María del Carmen Alanís Figueroa, Flavio Galván Rivera,

Manuel González Oropeza, Salvador Olimpo Nava Gomar, and Pedro Estebán Penagos

López. Five constituencies determine the electoral geography and jurisdiction, each

jurisdiction has a collegiate organ.

12 Elected on a staggered basis by two thirds of the Senate Chamber by a proposal of the Supreme Court of Justice of the Nation. The requirements to be fulfilled as Magistrate are the same requirements to be Ministry of the Supreme Court of Justice of the Nation.

Each regional courtroom is integrated by three magistrates, elected by two thirds of the

Senate under proposal of the Supreme Court of Justice of the Nation, appointed for a term

of nine years with no re-election and on a staggered basis as well.

The main criteria to determinate an electoral constituency is voters’ demography per

km2, that’s the reason why some constituencies are smaller in land but same number of

voters as other bigger.

Each constituency’s main city is the venue of its regional courtroom. Citizens can file a

complaint in person or by electronic means.

Electoral Justice

The General Law of Electoral Disputes Means’ System specifically stipulates the procedure

to challenge elections;

Results of any election

Any act adopted or produced by the EMBs, in which have the

perception of rights’ breaches.

Those acts can be dispute only during the stage of results and

declaration of validity of the elections.

Decisions of the national EMB that are allegedly in breach of

constitutional or legal norms regarding the elections for President,

Senators, and Congressmen.

Even, as last instance at internal disputes of political parties.

The system comprises different appeals’ means and procedures that may be filed for each

one of the federal election posts. Only political parties and candidates are entitled to

appeal, although candidates can do so only when because of illegibility reasons the

electoral authorities do not grant certificate of majority or first minority.

The Mexican electoral system has seven mechanisms on electoral controversies; each one

has its own terms and times, special procedures for entitlements and correspondent

jurisdictions or authorities with competence to solve the cases:

Review Process

Appeal Process

Unconformity Trial

Mean of Reconsideration

Protection to the political-electoral rights of Citizens’ Trial

Constitutional Review on Electoral Affairs’ Trial

Labor disputes between INE and its employees’ Trial

Labor disputes between TEPJF13 and its employees’ Trial

Besides, the law comprises the appeal throughout reconsideration to challenge the

resolutions set forth by the TEPJF for the appeals regarding the election of Deputies and

Senators and allocation of seats by the General Council of INE by proportional

representation system. The resolution of such appeals is sole faculty of the Superior

Courtroom of the TEPJF, and in any case must be solved three days prior the

establishment of the Chambers of the Congress of the Union, that is, not after August 26, of

the election year.

When tallying, validity and majority certificate is granted or allocation are not challenged

within the timeframe or by the correct means, they are considered as valid, firm and

undisputable four days after INE concludes the corresponding tallying, since that is the

time period for political parties to file challenges.

Also as a result of the 2007 electoral reform and to offer more reliability and transparency

to the results of an election, the electoral law in force explicitly comprises the feasibility of

tallying all votes on a second round by specific causes.

The district re-tally procedure may be partial or total. Partial re-tally refer to the votes

cast in a determined number of polling station under some theories provided by the law.

The total re-tally comprises all votes cast in all polling station in a district, is applicable for

elections of Deputies, Senators or President and operates by direct request when the

difference between the winning candidate and the second place is equal to or less than

one per cent.

13 Federal Electoral Court by its acronym in Spanish.

New specialized Chamber

Due to the current electoral reform, the electoral jurisdiction suffer changes –less than the

management authority-, the most representative is the faculty of solve as last instance of

the administrative complaint mean at the Mexican electoral system, for that the Electoral

court shall create within it a new specialize courtroom in charge of solve in less than 24

hours all complaint presented during electoral process by any electoral stakeholder.

The new unit is endowed as Regional Courtroom, with a collegiate body of three

magistrates –newly appointed by the Senate for 9 years and fulfilled same requirements

of regional magistrates14-. The venue of the courtroom is at Mexico City and will work in

close coordination with the –also new created- Complaint Substantiation Unit of INE,

under the following scheme;

1. At INE:

a. File the complaint at INE

b. INE must accept or reject the complaint (24 hours)

c. Order and conduct the needed hearings (within the following 48 hours)

d. Elaborate an inform

e. Send immediately the chart to the specialized courtroom

2. At Electoral Court:

a. Once received by the specialized courtroom must verify its complete filed

b. If consider necessary, order and conduct proof-hearings and settle the time

to conduct them

c. The magistrate in charge of will have 48 hours to submit a sentence project

to the collegiate

d. The collegiate will have 24 hours to approve it and dictate sentence

e. Otherwise, will made observations for a new project.

14 With this first integration the magistrates were named for 3, 6 and 9 years in order to the following changes will be at a staggered

basis.

13

SPECIALIZED PROSECUTOR FOR ELECTORAL CRIMES15

A specialized office, subordinated to the General Attorney of the Republic’s Office, created by Presidential Decree published on July 1994. A decree

issued by the President under request by a General Accord16 of the General Council of INE asking to create a special prosecutor on electoral crimes

at the necessity of file criminal conducts and to typify them as crimes.

As part of the current reform in Mexico, this office will not suffer any change; the difference will be at the law, electoral crimes prior were included

at the Federal Criminal Law of the country, now the Congress has issued the General Law of Electoral Crimes.

Due to the recent reform on political affairs, the General Attorney Office will gets constitutional autonomy under the name of General Prosecutor

Office, prior mentioned should happened after the declaratory of autonomy; therefore the structure of the State will change and shall transform

itself as the following:

15 FEPADE by its acronym in Spanish.

16 General Accord published on the Federation Official Diary on March, 24, 1994.