“Breach of due process”: the argument of the President of the Electoral Tribunal in the Salgado Macedonio case

the presiding magistrate of the Superior Room Electoral tribunal of the Judicial Power of the Federation (TEPJF), José Luis Vargas Valdez, argument this Sunday on your social networks their reasons for considering that INE (National Electoral Institute) must review the cancellation of the candidacy of Félix Salgado Macedonio and Raúl Morón, the two candidates of the ruling party Brunette, in the governorates of Guerrero and Michoacán, respectively.

“In both cases, the INE refused the registrations of the candidates proposed by the party, because of the failure to respect the deadline for the delivery of the expense reports, which implied the affectation of the fundamental right to vote and to be votedVargas Valdez wrote on Twitter, widely criticized by experts for his defense of Morena’s candidates.

However, before imposing a sanction of this magnitude, the authority must guarantee the rights of defense to possible victims, which seems to me not to have taken place this time.

In addition, the presiding magistrate added that the supervisory authority violated due process, because “he did not call the pre-candidates so that they could defend themselves and express what was appropriate by the law due to the failure to submit the reports attributed to them, thus violating their hearing guarantee” .

“Again and when the party sent the authority the pre-campaign expense reports of the two states in an improvised fashion, this happened before it issued the resolutions, and even so he sanctioned them with the loss of registration rights, ”he said.

For these reasons, as Vargas Valdez understands, “and as the Superior Chamber has determined in various precedents”, It must be considered that the hypothesis of omission of delivery is not updated, but another which is that of untimely delivery, he stressed.

“In my opinion, the disputed resolution should have been revoked so that the general council of the INE, carry out a new assessment of the facts and impose the sanction it deems relevant, for the untimely submission of reports, ”he added.

And that’s it, when it comes to similar questions, the legal solution to the dispute should have been the same, according to the presiding magistrate. “This is why I voted privately on the Guerrero case, because the treatment is not the same as that initially proposed for Michoacán, which I was in agreement with,” he said. he adds.

“In both cases the voting right was exclusively analyzed, on the basis of the registration application file», Vargas Valdez concluded. The case, with the majority of the votes of the TEPJF, returned to the INE last Friday.

the The electoral tribunal only concluded that both Salgado Macedonio and Morón were candidates for Morena, despite the fact that they rejected it from the start, and therefore had to submit their respective reports, which they did not do on the date set or in the required format.

However, the TEPJF has not resolved or confirmed the sanction of the INE. Now, The Institute will have 48 hours to define whether it maintains the sanctions interposed at the start and withdraws its application or will define a more lax sanction., beyond the six million pesos that Morena will have to pay, as determined by the electoral tribunal.

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