By a broad majority of 6 to 1 (with the sole opposition of the president, José Luis Vargas), the Electoral Tribunal of the Federal Judicial branch confirmed the cancellation of the candidacy of Félix Salgado Macedonio, considering that during the audit process he acted in a manner “Willful” and “deliberate” to deny his status as a pre-candidate, his obligation to submit pre-campaign expense reports and deny the carrying out of acts of proselytism that was confirmed by the authority. The seriousness of the sanction, they argued, aims to consolidate the model of control and accountability of political actors.
In the same way, it was announced that the omission of the delivery of the pre-campaign expense report was also determined – by 5 votes to 2 – to cancel the candidacy of Raúl Morón for the governorship of Michoacán. It was considered that even though in this case, there was a delivery of the pre-campaign expense report, it did so on March 22, when the INE could no longer carry out its audit task. It was indicated that in both cases Morena was responsible for denying that there were precandidates, even though in both cases acts of proselytism of the sanctioned applicants were confirmed.
In accordance with the approved projects, the TEPJF gave the Morena party 48 hours to carry out the substitution of candidacies. The magistrate Indalger Infante, a speaker in Salgado’s file, stated that the matter had been kept sub judice, so the period originally granted by the INE of 48 hours was not applicable.
During the session of the Superior Chamber, when confirming the sanction imposed by the National Electoral Institute, in the approved project it was determined that the right to a hearing of Salgado Macedonio was respected at all times. However, the applicant denied having the quality of pre-candidate, which, they highlighted, was confirmed since the TEPJF itself resolved the previous appeal of Salgado Macedonio
“It was confirmed that Salgado Macedonio was a pre-candidate; it was proven that he was present at various events, made tours, and gave speeches to obtain the support of the citizens, he said that he would win polls for the candidacy.
For the magistrates, Salgado incurred in “malicious conduct because he knew his pre-candidate nature, he knew of his obligations, so it is proven that he registered as a pre-candidate.
He did pre-campaign acts, but when he appeared before the electoral authority he simply denied having any obligation because he denied that he was a pre-candidate ”.
They considered that safeguarding the control and accountability system warrants imposing the most drastic sanctions. They blame the party for having denied holding pre-campaigns when acts of proselytism were detected by militants interested in obtaining the candidacy.
Judge Janine Otalora stressed that although the right to be voted must be weighed, the transparency and accountability that regulates the exercise of politics must also be protected. The law is the one that should regulate politics and not politics regulate the law. She pointed out that in both cases the execution of the inspection tasks of the INE was hampered.
In reference to the amount involved in both cases, the magistrates who voted to cancel the candidatures considered that it was not a reference to apply the maximum sanction, since by denying the holding of pre-campaigns and verifying that, indeed, if they were carried out, that amount is relative, because the INE was not allowed to deploy its oversight powers to determine the real spending of the applicants.
When arguing in the Guerrero case, Judge Mónica Soto said that “she considers that the omission to render the report affects the audit model, there is no certainty of income and expenses, and fairness of the contest cannot be guaranteed.”
Source: La Jornada