By KELIN DILLON

In a ruling on Wednesday, April 9, the Superior Chamber of the Electoral Tribunal of the Federal Judicial Branch (TEPJF) decided by a majority of three votes to two that Mexico’s government institutions and public officials, including President Claudia Sheinbaum, are permitted to promote voting and civic engagement ahead of the upcoming judicial elections on June 1. 

Keyly, the TEPJF ruled that any promotion of the elections must still maintain the principles of equity and neutrality outlined in the Mexican Constitution.

During Wednesday’s session, the TEPJF addressed 44 matters primarily filed by politicians and authorities associated with the National Regeneration Movement (Morena) that challenged an earlier agreement that designated the National Electoral Institute (INE) as the exclusive authority for promoting voting and citizen participation in this judicial electoral process. 

Two draft rulings were presented during the session; the majority, led by judges Felipe de la Mata and Felipe Fuentes, emphasized the need to facilitate an extraordinary process for the popular elections of judges nationwide.

Judge Mónica Soto, who serves as the President of the TEPJF, criticized and even mocked the dissenting judges, Reyes Rodríguez and Janine Otálora Malassis, suggesting their position would undermine democratic values. 

“I’m going to tell you a secret: there will be elections on June 1st of this year, but don’t tell anyone,” said Soto. “Silencing citizens goes against democracy.,”

Judge Fuentes echoed this sentiment, arguing that the ban on public institutions and officials from promoting electoral activity is antithetical to democratic principles. 

“A law created to prevent abuse cannot be interpreted as a law designed to enforce silence,” said Fuentes, claiming that promoting citizen engagement should not be conflated with campaigning on behalf of candidates.

Fuentes went on to say that “a democracy without information is an empty democracy,” highlighting the importance of informed participation across the Mexican electorate.

Emphasizing the sovereignty of the people, Fuentes noted, “All public power emanates from the people and is informed for their benefit. Denying the people the opportunity to inform themselves through their institutions is equivalent to denying them the full exercise of that sovereignty.”

“The Constitution demands impartiality, but not absolute silence; it demands legality, but not unjustified exclusivity; and it demands an open, informed, and participatory democracy,” he concluded.

In contrast, Judge Reyes Rodríguez and Judge Janine Otálora, who presented the minority opinion, advocated for the confirmation of the INE’s agreement and insisted that the autonomous electoral organization retain exclusive authority to promote voting and citizen participation. They argued that allowing public officials to engage in this promotion would misuse public resources.

Otálora stressed that, although judicial elections differ from traditional elections, the foundational principles embedded in the Mexican Constitution must be respected, and reasserted her belief that the use of public resources to promote elections is illegal.