Again, the INE issued precautionary measures against AMLO for promoting the Revocation of Mandate

The Complaints and Complaints Commission of the National Electoral Institute (INE) resolved two requests for precautionary measures against President Andrés Manuel López Obrador (AMLO) for violating the process of promoting the Revocation of Mandate to which it will be submitted on April 10.

On this occasion, the agency chaired by Lorenzo Córdova acted in response to a complaint promoted by the National Action Party (PAN): “The Commission issues precautionary measures and preventive protection to the President for the dissemination of government propaganda during a prohibited period,” the Institute reported in a statement official.

The Complaints Commission declared that the precautionary measures requested against the head of the federal executive were appropriate for the alleged dissemination of government propaganda during a prohibited period referring to the Mandate Revocation process.

It was estimated that, through publications made on 7, 14, 15 and 17 March 2022 on the Facebook profile of the Government of Mexico, summaries of the morning presidential conferences were disseminated in which “government achievements and/or actions related to the security system, public works, fiscal incentives and public investment”.

Having made this dissemination was categorized, by the INE, as an exercise of governmental propaganda, which, in appearance of good law, is prohibited during the Mandate Revocation process, since it could intervene in the exercise of the demonstration of citizenship at the polls.

Regarding the ratification of the decree modifying the definition of the Scope of the Concept of Government Propaganda, the INE maintained that the legislative interpretation criterion does not apply to the ongoing Mandate Revocation process and that it began on February 4, 2022 with the publication of the respective call.

This criterion coincides with what was issued by the Regional Specialized Chamber of the Electoral Tribunal of the Federation Judiciary (TEPJF), in judgment SER-PSC-33/2022 of March 18, which established that this interpretation decree does not apply to the electoral processes that have already begun, so even if it is in force this decree is not applicable in ongoing proceedings.

It should be noted that Friday, March 18, was when this decree was published in the Official Gazette of the Federation (DOF), so the new definition of government propaganda would come into force from that moment on, so the national president and any other official could express themselves on the Revocation of Mandate and other electoral processes.

This is because on Thursday the 17th, the Senate of the Republic approved, with 67 votes in favor and 25 against, that the reform of official propaganda is a fact, so that now, public officials, as long as they do not allocate budget from the treasury to the dissemination of these processes, will be able to express themselves freely about the procedure and other elections , even in closed time.

This reform, presented by Sergio Gutiérrez Luna, president of the Board of Directors of the Chamber of Deputies, proposes to modify the concept of propaganda in the General Laws on Electoral Institutions and Procedures (LGIPE) and Federal Revocation of Mandate (LFRM), so that government propaganda is understood as “the set of writings, publications, images, recordings and projections disseminated under any form of social communication, paid by the public budget, labelled specifically for that purpose by a public entity”.

The decree also explains that “the expressions of public servants, who are subject to the limits established in the applicable laws”, do not constitute governmental propaganda; however, the electoral authorities do not recognize the validity of this decree and, at the same time, the detractors of Q4 said that they will appeal their terms to the Supreme Court of Justice of the Nation (SCJN).

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