SECRETARY OF GOVERNMENT
DECREE issuing the General Law of Political Parties.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
Single Article. The General Law of Political Parties is issued
GENERAL LAW OF POLITICAL PARTIES
1. This Law is of public order and of general observance in the national territory, and it is intended to regulate the constitutional provisions applicable to national and local political parties, as well as to distribute competences between the Federation and federal entities in the field of:
a) The constitution of political parties, as well as deadlines and requirements for their legal registration;
b) The rights and obligations of its militants;
c) The basic guidelines for the integration of their management bodies, the nomination of their candidates, the conduct of their activities in a way democratic, its prerogatives and transparency in the use of resources;
d) The minimum contents of your basic documents;
e) Forms of electoral participation through the figure of coalitions;
f) The system for monitoring the revenue and revenue of resources;
g) The organization and functioning of its internal organs, as well as intra-party justice mechanisms;
h) The procedures and penalties applicable to non-compliance with your obligations;
i) The applicable regulatory regime in case of loss of registration and settlement of political parties, and
j) The legal regime applicable to national political groupings.
1. They are political-electoral rights of Mexican citizens, in relation to political parties, the following:
a) Associate or assemble peacefully to take part in the country's political affairs;
b) Affiliate freely and individually to political parties, and
c) Vote and be voted for all positions of popular choice within the internal process of selection of candidates and election of leaders, having the qualities to establish the law and the statutes of each political party.
1. The political parties are entities of public interest with legal personality and own patrimony, with legal registration with the National Electoral Institute or local Public Bodies, and aim to promote the participation of the people in democratic life, contributing to the integration of political representation bodies and, as citizens ' organisations, making it possible for them to be accessible to the exercise of public power.
2. It is the exclusive right of Mexican citizens to form part of political parties and to affiliate freely and individually to them; therefore, the intervention of:
a) Civil, social, or business organizations, national or foreign;
b) Organizations with social object other than party creation, and
c) Any form of corporate affiliation.
3. The political parties will promote civic values and democratic culture among girls, boys and adolescents, and seek the effective participation of both genders in the integration of their organs, as well as in the nomination of candidates.
4. Each political party will determine and make public the criteria to guarantee gender parity in the candidacies of federal and local legislators. These should be objective and ensure conditions of gender equality.
5. In no case will any criteria be accepted that result in any of the genera being exclusively assigned to those districts in which the party has obtained the percentages of lower voting in the previous electoral process.
1. For the purposes of this Act, it is understood by:
a) Affiliate or Militant: The citizen who, in full enjoyment and exercise of his/her political-electoral rights, registers freely, voluntarily and individually to a political party in terms that for these purposes the party has in its internal normativity, regardless of its denomination, activity and degree of participation;
b) Local jurisdictional authorities: The jurisdictional authorities in the electoral matters of the federal entities;
c) General Council: The General Council of the National Electoral Institute;
d) Constitution: The Political Constitution of the United Mexican States;
e) Institute: The National Electoral Institute;
f) Law: The General Law of Political Parties;
g) General Law: The General Law of Electoral Institutions and Procedures;
h) Local Public Bodies: The Electoral Public Bodies of Federative Entities;
i) Technical Unit: The National Electoral Institute's Technical Control Unit;
j) Political Parties: National and local political parties, and
k) Court: The Electoral Tribunal of the Judiciary of the Federation.
1. The application of this Law corresponds, in the terms established by the Constitution, to the Institute and the Tribunal, as well as to Local Public Bodies and local courts.
2. The interpretation of the resolution of conflicts of internal affairs of the political parties shall take into account the character of an entity of public interest of these as an organization of citizens, as well as their freedom of internal decision, the the right to self-organisation and the exercise of the rights of its members or militants.
1. As not provided for by this Law, the General Law of Electoral Institutions and Procedures will be in place.
From the Distribution of Competences in Matter of Political Parties
1. Correspond to the Institute, the following attributions:
a) The registration of national political parties and the book of registration of local political parties;
b) Recognition of rights and access to the prerogatives of national political parties and candidates for popular election federal;
c) The organization of the election of the leaders of the political parties, when requested, by their prerogatives, in the terms that set this Act;
d) The audit of income and expenditure of political parties, their coalitions, national political groupings and candidates for office federal and local popular choice, and
e) Other than set the Constitution and this Law.
1. The Institute shall have the budgetary, technical, human and material resources required for the direct exercise of its powers and powers in the field of audit.
2. The Institute may, exceptionally and with the approval of a majority of at least eight votes from the members of the General Council, delegate to the Local Public Bodies the audit of the income and expenditure of the political parties. local, their coalitions and candidates for popular choice positions in the federal entities.
3. The Executive Secretariat of the Institute shall submit to the General Council the resolution agreements to be found and to motivate the use of this power.
4. For the exercise of this power, the Institute shall assess the Local Public Body in question:
a) Cuente with an organic and operating structure according to the model, protocols and specific guidelines that the General Council may issue for that purpose;
b) Establish procedures in accordance with federal law enforcement legislation;
c) Count on the infrastructure and equipment required for the development of the functions to be delegated;
d) Cuente with specialized and reliable human resources, in accordance with the National Electoral Professional Service;
e) Exercise your functions in accordance with current federal and local election regulations, and
f) The Institute may at any time resume the delegated audit functions, provided that this is approved by the same majority of eight votes of the members of the General Council.
5. Local Public Bodies shall exercise the powers delegated to it by the Institute subject to the provisions of this Law, the guidelines, general agreements, technical standards and other provisions issued by the General Council.
1. Correspond to the Local Public Bodies, the following attributions:
a) Recognising rights and access to the prerogatives of local political parties and candidates for positions of popular choice in entities federative;
b) Register local political parties;
c) Verify that the Federative Entity's Legislature is integrated with elected deputies, based on the principles of relative majority and representation proportional, in terms of its laws. In no case, a political party can count on a number of deputies for both principles representing a percentage of the total of the Legislature that exceeds by eight percentage points its percentage of vote. This rule will not apply to the political party that for its victories in single-minomial districts will obtain a percentage of seats in the Legislature's total, higher than the sum of the percentage of its vote, plus eight percent. In order to recognize and guarantee the representation and plurality of the political forces that serve in the federal entity, the allocation of local deputies and deputies to the Legislative Assembly of the Federal District of proportional representation, perform according to the following:
I. The political party that obtains in the respective elections three percent of the valid vote will be assigned a curl by the principle of proportional representation, regardless of the majority wins that would have been obtained;
II. Performed the previous distribution, the remainder of the deputations of proportional representation will be assigned according to the formula established in the local laws, and
III. In the integration of the Legislature, the percentage of representation of a political party may not be less than the percentage of voting that has received less than eight percentage points. In any event, the formula shall lay down the rules for the deduction of the number of proportional representation Members that are necessary to assign Members to the political parties that are in that case, of greater or lesser. subrepresentation. This formula shall apply once a Member has been assigned to him by way of representation in proportion to the political parties who have obtained the minimum voting rate to keep the register in accordance with the rules of procedure. election.
d) Others to set the Constitution and this Law.
OF THE POLITICAL PARTIES
Of the Constitution and Register of Political Parties
1. The citizens ' organizations that intend to become a national or local political party must obtain their registration with the Institute or the Local Public Body, which corresponds.
2. For a citizen organization to be registered as a political party, it must be verified that it meets the following requirements:
a) Submit a statement of principles and, in accordance with these principles, their action programme and the statutes which will govern their activities; satisfy the minimum requirements set out in this Law;
b) Dealing with national political parties, having three thousand militants in at least twenty federal entities, or having three hundred militants, In at least two hundred uninominal constituencies, which must have a credential to vote in that entity or district, as the case may be; under no circumstances, the total number of their militants in the country may be lower. to 0.26 percent of the federal electoral roll that has been used in the immediate ordinary federal election prior to the submission of the application in question, and
c) Dealing with local political parties, having militants in at least two-thirds of the municipalities of the entity or of the demarcations The total number of its members in the Federal District may be less than 0.26 percent of the list. election that has been used in the previous immediate local election the submission of the application in question.
1. The organization of citizens who intend to become a political party to obtain their registration with the Institute must, in the case of national political parties, or the Local Public Body that corresponds, in the case of Local politicians report such purpose to the appropriate authority in January of the year following the election of President of the United Mexican States, in the case of national registration, or Governor or Head of District Government Federal, dealing with local registration.
2. From the moment of the notice referred to in the preceding paragraph, until the decision on the origin of the registration, the organization shall report monthly to the Institute on the origin and destination of its resources, within the first ten days of each month.
1. For the constitution of a national political party the following must be credited:
a) The holding of assemblies, at least in twenty federal entities or in two hundred constituencies, in the presence of an official of the Institute, who will certify:
I. The number of affiliates who participated and participated in the state or district assembly, which in no case may be less than three thousand or three hundred, respectively, in accordance with the provisions of this Law; that they signed the document of formal manifestation of affiliation; that they attended freely; that they knew and approved the declaration of principles, the program of action and the statutes; and who elected the owners and alternate delegates to the assembly constitutive national;
II. That with the citizens mentioned in the previous fraction, the affiliate lists were formed, with the name, last name, address, key and portfolio of the credential to vote, and
III. That in the conduct of the assembly in question there was no intervention of associations or other organizations with social object different from that of constitute the political party.
b) The holding of a national constituent assembly in the presence of the official appointed by the Institute, who will certify:
I. The owners or alternate delegates, elected in state or district assemblies, attended;
II. They accredited, by means of the corresponding minutes, that the assemblies were held in accordance with the provisions of paragraph (a) of this Article;
III. The identity and residence of the delegates to the national assembly was verified, by means of their credential to vote or another feisty document;
IV. That delegates approved the declaration of principles, action program, and statutes, and
V. The lists of affiliates with the other citizens of the organization in the country were presented, in order to satisfy the requirement of the the minimum percentage required by this Law. These lists shall contain the data required in section II of the preceding paragraph.
1. For the case of citizens ' organisations intending to become a local political party, they must be accredited:
a) The celebration, at least in two-thirds of the local electoral districts, or of the municipalities or territorial districts of the District Federal, as the case may be, of an assembly in the presence of an official of the competent Local Public Body, who will certify:
I. The number of affiliates who participated and participated in the assemblies, which in no case may be less than 0.26% of the electoral roll of the district, municipality or district, as the case may be; who signed the demonstration document formal membership; that they attended freely; that they met and approved the declaration of principles, the action programme and the statutes; and that they elected the owners and alternates to the local constituent assembly;
II. That with the citizens mentioned in the previous fraction, the affiliate lists were formed, with the name, last name, address, key and portfolio of the credential to vote, and
III. That in the conduct of the assemblies in question there was no intervention of associations or other organizations with a different social object than that of constituting the political party.
b) The holding of a local constituent assembly in the presence of the official designated by the competent Local Public Body, who will certify:
I. That the owners or alternates, elected in the district, municipal or territorial districts of the Federal District, are in attendance, as the case may be;
II. They accredited, by means of the corresponding minutes, that the assemblies were held in accordance with the requirements of the preceding paragraph;
III. That the identity and residence of the delegates to the local assembly were checked, by means of their credential to vote or another feisty document;
IV. That the delegates approved the declaration of principles, action program and statutes, and
V. That the lists of affiliates with the other citizens that the organization has in the federal entity are presented, in order to satisfy the requirement of the minimum percentage required by this Law. These lists shall contain the data required in section II of the preceding paragraph.
1. The cost of the required certifications will be charged to the budget of the Institute or the competent Local Public Body. The public servants authorised to issue them are obliged to carry out the appropriate action.
2. If the interested organisation does not submit its application for registration within the time limit laid down in this Law, the notification made shall cease to have effect.
1. Once the acts relating to the procedure of the formation of a party have been carried out, the organization of interested citizens, in the month of January of the year preceding the one of the next election, will present to the Institute or the Public Body Competent local, the application for registration, accompanied by the following documents:
a) The declaration of principles, the action program and the statutes approved by its affiliates;
b) Nominal lists of affiliates by entities, constituencies, municipalities or territorial demarcations of the Federal District, as the case may be, referred to in Articles 12 and 13 of this Law. This information should be presented in files in digital media, and
c) The minutes of assemblies held in federal entities, electoral districts, municipalities, or territorial districts of the Federal District, according to be the case, and that of its national or local constituent assembly, corresponding.
1. The Institute, upon hearing the request of the organization seeking its registration as a national party, shall verify compliance with the requirements and the procedure of incorporation established in this Law, and shall formulate the draft opinion corresponding.
2. For this purpose, it shall verify the authenticity of the affiliations to the party in formation, either in its entirety or through the establishment of a random method, in the terms of the guidelines that the General Council will issue to the effect, verifying that at least they comply with the minimum membership required on the electoral roll; updated to the date of the application in question, making sure that these affiliations have a maximum of one year; within the party in formation.
1. The appropriate Local Public Body, known as the request of citizens who wish to register as a local political party, shall examine the documents of the application for registration in order to verify compliance with the requirements and of the procedure laid down in this Law, and shall formulate the draft opinion of the register.
2. The Local Public Body, which corresponds, shall notify the Institute to carry out the verification of the number of members and the authenticity of the affiliations to the new party, according to which the minimum number will be found of members, making sure that such affiliations have a maximum of one year's seniority within the newly created political party.
3. The Institute shall keep a record book of local political parties which shall contain at least:
a) Denomination of the political party;
b) emblem and color or colors that characterize it;
c) Constitution date;
d) Basic documents;
f) Legal address, and
g) Affiliate Padron.
1. For the purposes of this Law, it should be verified that there is no double affiliation to already registered or in-formation parties.
2. In the event that a citizen appears on more than one register of members of political parties, the Institute or the competent Local Public Body, it will give the political parties involved to show what is at their right; In the event of double affiliation, the Institute shall require the citizen to express himself in this respect and, in the event that it does not manifest, the most recent one.
1. The appropriate Local Public Body or Institute shall draw up the draft opinion and, within 60 days from the date on which it becomes aware of the submission of the application for registration, shall decide on the conduct.
2. Where appropriate, issue the corresponding certificate stating the registration. In the event of a refusal, it shall base the reasons on which it is based and inform the parties concerned. The registration of political parties shall take effect as from the first day of July of the year preceding that of the election.
3. The decision shall be published in the Official Journal of the Federation or in the Official Gazette of the federal entity concerned, as appropriate, and may be appealed to the Court or the competent local judicial authority.
From National Policy Pools
1. National political groupings are forms of citizen association that contribute to the development of democratic life and political culture, as well as to the creation of a better informed public opinion.
2. National political groupings may not use under any circumstances the "party" or "political party" denominations.
1. National political groupings will only be able to participate in federal electoral processes through participation agreements with a political party or coalition. Applications arising from the participation agreements shall be registered by a political party and shall be voted with the name, emblem, colour or colours of the party.
2. The participation agreement referred to in the preceding paragraph shall be submitted for registration with the President of the General Council within the time limits provided for in paragraph 1 of Article 92 of this Law, as appropriate.
3. In the propaganda and election campaign, the participating pool may be mentioned.
4. National political groupings shall be subject to the obligations and procedures for the audit of their resources in accordance with the provisions of this Law and the corresponding Regulation.
1. In order to obtain registration as a national political grouping, the person who requests it must prove to the Institute the following requirements:
a) Contar with a minimum of 5,000 associates in the country and with a national management body; in addition, have delegations in at least 7 entities federative, and
b) Contar with basic documents, as well as a different denomination to any other grouping or party.
2. The interested parties shall submit during the month of January of the year preceding that of the election, together with their application for registration, the documentation with which they establish the above requirements and those which, if appropriate, point to the General Council.
3. The General Council shall, within the maximum period of 60 calendar days from the date on which it is aware of the applications for registration, resolve the conduct.
4. Where the registration proceeds, the General Council shall issue the respective certificate. In the event of a refusal, it shall express the reasons behind it and inform the association concerned.
5. The registration of the political groupings when it has proceeded shall take effect from 1. of June of the year before the election.
6. The political groupings with registration, will enjoy the tax regime foreseen for the political parties in this Law.
7. The registered political groupings shall submit to the Institute an annual report of the previous financial year on the origin and destination of the resources they receive in any form.
8. The report referred to in the preceding paragraph shall be submitted no later than 90 days after the last day of December of the year of the reporting.
9. The national political grouping will lose its registration for the following reasons:
a) When its dissolution has been agreed by most of its members;
b) Having the causes of dissolution according to your basic documents;
c) Skip to render the annual report of the source and application of your resources;
d) Failure to accredit any activity during a calendar year, in the terms set by the Regulation;
e) For serious failure to comply with the provisions contained in this Act;
f) Haber no longer meet the requirements to obtain the registration, and
g) Other than set this Act.
Of the Rights and Obligations of Political Parties
1. They are the rights of political parties:
a) Participate, in accordance with the provisions of the Constitution and applicable laws, in the preparation, development and monitoring of the electoral process;
b) Participate in the elections in accordance with the provisions of Article 41 of the Constitution, as well as in this Law, the General Law of Institutions and Electoral Procedures and other provisions in the field;
c) Power to regulate your internal life and determine your internal organization and the corresponding procedures;
d) Access to prerogatives and receive public funding under the terms of Article 41 of the Constitution, this Law and other federal or local laws applicable.
In federal entities where there is local funding for national political parties participating in the local elections of the institution, the Local laws will not be able to set limitations on such funding, or reduce it by the funding they receive from their national leadership;
e) Organize internal processes to select and post candidates in elections, in the terms of this Act and federal or local laws applicable;
f) Forming coalitions, fronts and mergers, which in any case must be approved by the national management body that establishes the Statute of each of the parties, in the terms of this Act and applicable federal or local laws;
g) Be owners, holders, or administrators only of the real estate that is indispensable for the direct and immediate fulfillment of their purposes;
h) Establishing relationships with foreign political organizations or parties, as long as their absolute, political and absolute independence is maintained at all times economic, as well as the unrestricted respect for the integrity and sovereignty of the Mexican State and its governing bodies;
i) Access to the defense of your legitimate interests within the electoral justice system;
j) Appointing representatives to the organs of the Institute or Local Public Bodies, in the terms of the Constitution, the local constitutions and other applicable legislation;
k) Subscribe to participation agreements with national political groupings, and
l) Others who grant them the Constitution and the laws.
1. They will not be able to act as representatives of the national political parties before the organs of the Institute, who are in the following assumptions:
a) Being a judge, magistrate or minister of the Federal Judiciary;
b) Be a judge or magistrate of the Judiciary of a federal entity;
c) Be an election magistrate or secretary of the Electoral Tribunal;
d) Being an active-duty member of any armed or police force, and
e) Being a federal or local Public Ministry agent.
1. They are obligations of political parties:
) Driving their activities within the legal channels and adjusting their conduct and that of their militants to the principles of the democratic state, respecting the free political participation of other political parties and citizens ' rights;
b) Refrain from resorting to violence and any act that has as its object or result to alter public order, disturb the enjoyment of guarantees or prevent the regular functioning of the governing bodies;
c) Keep the minimum of militants required in the respective laws for their constitution and registration;
d) Ostend the name, emblem and color or colors they have registered, which may not be the same or similar to those used by parties existing politicians;
e) Meet your membership rules and observe the procedures that you point out in your statutes for candidate nomination;
f) Keep your statutory bodies working effectively;
g) Contar with registered office for your internal organs;
h) Edit at least one quarterly disclosure publication, and another semi-annual publication of a theoretical character;
i) Rejecting all kinds of economic, political or propaganda support coming from foreigners or from ministers of worship of any religion, as well as from the associations and religious organisations and churches and any of the persons to whom the laws prohibit the financing of political parties;
j) Publish and disseminate in the electoral demarcations in which they participate, as well as in the times that correspond to them in the radio stations and in the television channels, the electoral platform they shall hold in the choice in question;
k) Allow the practice of audits and verifications by the bodies of the Institute empowered to do so, or Local Public Bodies when delegated in these powers of audit as provided for in Article 41 of the Constitution for the Institute, as well as to provide the documentation required by those bodies in respect of their income and expenditure;
l) Communicate to the Institute or Local Public Bodies, as appropriate, any modification to their basic documents, within ten days following the date on which the relevant agreement is reached by the political party. The amendments shall not take effect until the General Council of the Institute declares the constitutional and legal origin of the amendments. The decision shall be made within a period not exceeding 30 calendar days from the presentation of the relevant documentation, as well as the changes of the members of its management bodies and its registered office, in terms of of the applicable provisions;
m) Act and conduct without any dependency or subordination with political parties, foreign natural or moral persons, bodies or entities and of ministers of worship of any religion;
n) Apply the financing that they have exclusively for the purposes that have been delivered to them;
o) To abstain, in its political or electoral propaganda, from any expression that denigrates the institutions and political parties or that slander the people;
p) Refrain from using religious symbols, as well as expressions, allusions, or religious fundamentations in their propaganda;
q) Refrain from collective citizen affiliations;
r) Ensuring gender parity in candidates for federal and local legislators;
s) Elaborate and deliver the source and resource usage reports referred to in this Act;
t) Meet the obligations that legislation on transparency and access to your information imposes on you, and
u) Others that establish applicable federal or local laws.
1. They are the prerogatives of political parties:
a) Having access to radio and television in the terms of the Constitution and the General Law of Electoral Institutions and Procedures;
b) Participate, in the terms of this Law, of the corresponding public financing for your activities;
c) Gozar of the tax regime that is established in this Law and the laws of the matter, and
d) Use the postal and telegraphic franchises that are necessary for the fulfillment of their functions.
Of The Obligations of the Political Parties on Transparency
1. The provisions of this Chapter are binding on political parties without prejudice to the provisions of the legislation on transparency.
1. Everyone has the right to access information from political parties in accordance with the rules laid down in this Chapter and in the legislation on transparency and access to information. The self-governing body guaranteeing transparency shall have jurisdiction to hear matters relating to the access to public information and the protection of personal data held by political parties.
2. The persons shall access the information of the political parties in a direct manner, in the terms provided for in the law referred to in Article 6o. The Constitution on transparency.
3. The legislation of the matter shall establish the bodies, formats, procedures and deadlines for the failure to drown out requests for information on political parties.
4. Where the information requested is publicly available, including the official electronic pages of the Local Public Institute and Public Bodies, or of the political party concerned, such information must always be provided notifying the applicant of the way in which they can obtain it.
5. When the information is not publicly available, requests for access to the information will be in print or in electronic form.
6. Political parties are obliged to publish on their website at least the information specified as transparency obligations in the law of the matter.
7. The information that the political parties provide to the Institute and Local Public Bodies, or that it generates with respect to them, shall as a general rule be public and shall only be reserved for the exception, in the terms available to it the law of the matter, and must be available to everyone through the electronic page of the Institute and Local Public Bodies respectively.
1. Political parties should consider in their statutes how to ensure the protection of their militants ' personal data, as well as the rights to access, rectification, cancellation and opposition of their members.
1. Public information of political parties is considered:
a) Your basic documents;
b) The faculties of your steering organs;
c) Regulations, agreements and other provisions of a general nature, approved by their management bodies, regulating their internal life, obligations and rights of their militants, the election of their leaders and the nomination of their candidates to positions of popular choice;
d) Your militants ' register, containing only the parental, maternal, name or names, date of affiliation and residence entity;
e) The directory of your national, state, municipal, Federal District, and, if any, regional, delegate, and district organs;
f) The ordinary and extraordinary remuneration received by the members of the organs referred to in the preceding paragraph, as well as by any person to receive income from the political party, regardless of the function or position it carries within or outside the party;
g) Signed contracts and agreements for the acquisition, leasing, concessions, and provision of goods and services;
h) Election platforms and government programs that register with the Institute;
i) The front, coalition or merger agreements that they hold, or of electoral participation that they hold with national political groupings;
j) The calls that you issue for your leadership election or the nomination of your candidates to positions of popular choice;
k) The amounts of public financing granted in any form, to its national, state, municipal and Federal District bodies, during the Last five years and up to the most recent month, as well as the corresponding penalties for penalties;
l) Reports that are required to deliver in terms of the provisions of this Law, the state of the political party's estate, the inventory of the real estate of which they own, have leased or are in possession under any legal figure, as well as the annexes that form an integral part of the above documents, the donor relationship and the amounts contributed by each;
m) Results of reviews, reports, verifications, and audits to be the subject of the audit of their resources, once concluded; and its due compliance;
n) Sentences of the courts in which the party is part of the process as well as how to abide by it;
o) Resolutions dictated by your internal control organs;
p) Resolutions on guaranteeing the rights of their militants, as well as their compliance;
q) The names of your representatives to the Institute's organs;
r) The listing of foundations, research centers or institutes, or any other, that receive economic support from the political party;
s) The opinion and resolution adopted by the General Council with respect to the reports referred to in point (l) of this paragraph, and
t) The other one that points to this Law and applicable laws on transparency.
1. The information on the deliberative processes of the internal organs of the political parties, the information corresponding to their political strategies, the information contained in all types of surveys ordered, as well as the referred to activities of a private, personal or family nature, of its militants, leaders, pre-candidates and candidates for positions of popular choice, in terms of the law of the matter.
2. The information on the allocation and the exercise of the expenditure of campaigns, pre-campaigns and expenditure in general of the political party for the public budget, and the contributions of any kind or species they carry out, may not be reserved. individuals regardless of the destination of the resources contributed.
1. Political parties shall keep up-to-date the public information set out in this Chapter on a permanent basis through their electronic pages, without prejudice to the periodicity, formats and means to be established for all obligations of transparency, this law and the normativity of the matter.
1. Failure to comply with the obligations laid down in this Chapter shall be sanctioned in the terms laid down in the law of the matter, without prejudice to the penalties established for political parties in the General Law of Institutions and Electoral Procedures.
OF THE INTERNAL ORGANIZATION OF POLITICAL PARTIES
From Home Affairs of Political Parties
1. For the purposes of the penultimate paragraph of Article 41 of the Constitution, the internal affairs of the political parties comprise all the acts and procedures relating to their organization and operation, on the basis of the provisions laid down in the Constitution, in this Law, as well as in their respective Staff Regulations and Regulations which approve their governing bodies.
2. They are internal affairs of political parties:
a) The elaboration and modification of their basic documents, which in no case can be done once the electoral process is initiated;
b) The determination of the requirements and mechanisms for the free and voluntary affiliation of citizens to these;
c) The choice of the members of their internal organs;
d) The procedures and requirements for selecting your pre-candidates and candidates for popular choice charges;
e) deliberative processes for the definition of their political and electoral strategies and, in general, for decision-making by their internal organs and of the bodies grouping their militants, and
f) The issuance of internal regulations and general agreements that are required for the fulfillment of their basic documents.
From the Basic Documents of Political Parties
1. The basic documents of political parties are:
a) The statement of principles;
b) The action program, and
c) The statutes.
1. For the declaration of constitutional and legal origin of the basic documents of the political parties, the General Council shall attend to the right of the parties to dictate the rules and procedures of organization that allow them to function in accordance with its purposes.
2. Political parties shall communicate to the Institute the regulations they issue within a period of no more than 10 days after their approval. The Institute itself will verify the attachment of these regulations to the statutory and statutory rules and record them in the respective book.
1. The declaration of principles shall contain at least:
a) The obligation to observe the Constitution and to respect the laws and institutions that emanate from it;
b) The ideological principles of political, economic and social character that the applicant postulates;
c) The declaration of not accepting a covenant or agreement that either makes or subordinates the applicant to any international organization or makes it dependent on entities or foreign political parties; as well as not requesting or, where appropriate, rejecting any kind of economic, political or propaganda support coming from foreigners or ministers of the cults of any religion, as well as from the associations and religious organizations and churches and any of the persons to whom this Law prohibits funding of political parties;
d) The obligation to conduct their activities by peaceful means and through the democratic path, and
e) The obligation to promote political participation in equal opportunities and equity between women and men.
1. The action program will determine the measures for:
a) Achieving the goals of political parties;
b) Propose public policies;
c) Forming your militants politically and ideologically, and
d) Preparing the active participation of their militants in the electoral processes.
1. The statutes shall establish:
a) The name of the political party, the emblem and the color or colors that characterize it and differentiate it from other political parties. The name and emblem shall be exempt from religious or racial allusions;
b) The procedures for the individual, personal, free and peaceful affiliation of its members, as well as their rights and obligations;
c) The rights and obligations of the militants;
d) The organic structure under which the political party will be organized;
e) The democratic norms and procedures for the integration and renewal of internal organs, as well as the functions, powers and obligations of the same;
f) Democratic rules and procedures for the nomination of candidates;
g) The obligation to present an electoral platform, for each election in which it participates, based on its declaration of principles and program of action;
h) The obligation of their candidates to hold and disseminate the electoral platform during the election campaign in which they participate;
i) The types and rules of private financing that political parties will use;
j) The rules, deadlines and procedures for intra-party justice and the alternative mechanisms for resolving internal disputes, with which guarantee the rights of the militants, as well as the opportunity and legality of the resolutions, and
k) The penalties applicable to members who infringe their internal provisions, by means of an intra-party disciplinary procedure, with the guarantees minimum procedural requirements which include the rights of hearing and defence, the description of possible breaches of internal or causal law of expulsion and the obligation to motivate and to establish the respective resolution.
From the Rights and Obligations of the Militants
1. Political parties may establish in their statutes the categories of their members according to their level of participation and responsibilities. They shall also establish their rights, including at least the following:
a) Participate personally and directly or through delegates in assemblies, councils, conventions or equivalents, in which decisions are taken related to the approval of the basic documents of the political party and its modifications, the election of leaders and candidates to positions of popular choice, the merger, coalition, formation of fronts and dissolution of the political party;
b) Running within the internal process of selecting candidates for positions of popular representation, meeting the requirements set out in the applicable provisions and the statutes of each political party;
c) Running within the leadership selection processes, as well as being appointed in any other employment or commission within the political party, complying with the requirements laid down by its statutes;
d) Asking for and receiving public information on any matter from the political party, in the terms of the transparency laws, independently whether or not they have a direct legal interest in the case in respect of which they request the information;
e) To request accountability from its leaders, through the reports that, based on internal regulations, are obliged to present during its management;
f) Require compliance with the basic documents of the political party;
g) Receive training and political training and information for the exercise of your political and electoral rights;
h) Having access to the internal jurisdiction of the political party and, where appropriate, to receiving legal guidance in the exercise and enjoyment of its rights as a militant when they are violated within the political party;
i) Challenging before the Court or local electoral courts resolutions and decisions of internal organs affecting their rights political-electoral, and
j) Refuse, if any, or give up your militant status.
1. The statutes of the political parties shall establish the obligations of their members and shall contain at least the following:
a) Respect and abide by the statutes and party normativity;
b) Respect and disseminate the ideological principles and program of action;
c) Contribute to the finances of the political party in terms of the internal rules and meet the payment of quotas that the party determines, within the limits set by the electoral laws;
d) Velar for internal democracy and compliance with party rules;
e) Complying with legal provisions in electoral matters;
f) Comply with internal resolutions that have been dictated by the empowered bodies based on party rules;
g) Participate in the assemblies, conventions, and other meetings that you need to attend, and
h) Forming and training through political party training programs.
1. The Institute shall verify that the same person is not affiliated with more than one political party and shall establish mechanisms for consultation of the respective standards.
2. In case a citizen appears on more than one register of political party affiliates, it will proceed in accordance with Article 18 of this Law.
From the Internal Organ of Political Parties
1. Among the internal organs of political parties, at least the following shall be considered:
a) An assembly or equivalent body, composed of representatives of all federal entities in the case of national political parties, or of the municipalities in the case of local political parties, which will be the party's highest authority and will have deliberative powers;
b) A national or local committee or equivalent body, for political parties, as appropriate, which will be the party's representative, with powers executive, supervisory and, where appropriate, authorization in the decisions of other party bodies;
c) An organ responsible for the administration of its assets and financial resources and for the presentation of quarterly revenue and expenditure reports and annual, pre-campaign and campaign;
d) A democratically integrated, collegiate decision-making body responsible for the organisation of the processes for the integration of the internal organs of the political party and for the selection of candidates for positions of popular choice;
e) A collegiate decision-making body, responsible for the intra-party justice system, which must be independent, impartial and objective;
f) An organ charged with complying with the obligations of transparency and access to information that the Constitution and the laws of matter impose on the political parties, and
g) An organ in charge of the civic education and training of militants and leaders.
2. The national political parties shall, in addition to those referred to in the preceding paragraph, have committees or equivalents in the federative entities with executive powers.
Of Internal Organ Integration and Candidate Selection Processes
1. The internal procedures for the integration of the internal organs of the political parties and for the nomination of candidates for positions of popular choice, will be in charge of the organ provided for in point (d) of paragraph 1 of the article above and will be developed based on the following basic guidelines:
a) The political party, through the body empowered to do so, will publish the call for certainty and comply with the statutory rules, which contain at least the following:
I. Charges or nominations to choose from;
II. Eligibility requirements, including those relating to the identification of pre-candidates or candidates with the programmes, principles party ideas and other requirements, as long as they do not violate the essential content of the right to vote;
III. Pre-candidate or candidate registration dates;
IV. Documentation to be delivered;
V. Period to remedy possible omissions or defects in the registration documentation;
VI. General rules and campaign spending caps for election of leaders and pre-campaign for popular election charges, in terms of the Institute;
VII. Selection method, for the militants ' vote case, this must be free and secret;
VIII. Date and place of choice, and
IX. Dates in which the campaign or campaign revenue and revenue reports are to be presented, if any.
b) The collegiate body referred to in paragraph 1 (d) of the previous article:
I. Will Register Precandidates or Candidates and Rule on Their Eligibility, and
II. Will guarantee the fairness, fairness, transparency and legality of the stages of the process.
1. Political parties may request the Institute to organise the election of its governing bodies, on the basis of their statutes, regulations and procedures, and in charge of their prerogatives.
2. For the organization and development of the process of choice, the following rules apply:
a) The political parties shall establish in their statutes the authorised internal body, the assumptions and the procedure for determining the origin of the request;
b) The political party shall submit to the Institute the application for support through the executive body provided for in Article 43 (b) of this Law, four months before the expiry of the time limit for the choice of the governing body.
If, due to disputes brought before the courts, the term of renewal of a management body has expired, the political party may ask the Institute to organise the choice outside the time limit set out in the preceding paragraph;
c) Parties will only be able to apply for the Institute's collaboration during non-electoral periods;
d) The requesting political party will agree with the Institute on the scope of its participation, as well as the conditions for the organization and development of the process, which shall be attached to the provisions of the Statutes and Regulations of the political party;
e) The agreement will establish the mechanisms for the costs of organizing the process, in which the eventual hiring can be included determined by the Institute for that purpose, be in charge of the prerogatives of the requesting political party;
f) The Institute shall coordinate with the body provided for in Article 43 (d) of this Law for the development of the process;
g) The choice will preferably be made with the support of electronic means for the reception of the vote, and
h) The Institute will only be able to reject the request if there is material impossibility to organize the internal election.
1. Political parties will establish intra-party justice procedures that include alternative dispute settlement mechanisms.
2. The collegiate decision-making body provided for in Article 43 (e) of this Law must be integrated in a manner prior to the substantiation of the procedure by an odd number of members; it shall be the body responsible for imparting internal justice. and must be conducted independently, impartially and legally, as well as with respect to the time limits laid down in the statutes of the political parties.
3. The statutes of the political parties shall establish alternative means of settling disputes on internal matters, for which they shall provide for the assumptions on which they shall be obtained, the voluntary restraint, the time-limits and the procedure formalities.
1. The collegiate decision-making body referred to in the previous article shall approve its resolutions by a majority of votes.
2. All disputes relating to the internal affairs of the political parties shall be resolved by the bodies established in their statutes for such purposes, and must be resolved in time to guarantee the rights of the militants. Only once the partisan means of defence are exhausted will the militants have the right to go before the Tribunal.
3. In the decisions of the collegiate decision-making bodies, the political rights of the citizens must be weighted in relation to the principles of self-organization and self-determination enjoyed by the political parties for the achievement of their purposes.
1. The internal justice system of the political parties must have the following characteristics:
a) Have a single instance of internal conflict resolution for resolutions to be issued promptly and expeditiously;
b) Setting certain deadlines for interposition, substantiation, and resolution of the internal justice media;
c) Respect all the essential formalities of the procedure, and
d) Be formally and materially effective in order, where appropriate, to reinstate affiliates in the enjoyment of the political-electoral rights in which they reside. tort.
FROM ACCESS TO RADIO AND TELEVISION
1. According to the provisions of Article 41 of the Constitution, it is up to the Institute to administer state time for electoral purposes, in accordance with the terms of the General Law on Electoral Institutions and Procedures.
FUNDING FOR POLITICAL PARTIES
From Public Funding
1. Political parties have the right to receive, in order to develop their activities, public financing that will be distributed in an equitable manner, in accordance with the provisions of Article 41, Base II of the Constitution, as well as the provisions of the local constitutions.
2. Public financing should prevail over other types of financing and will be used for the maintenance of permanent ordinary activities, expenses of electoral processes, and for specific activities such as entities of interest. public.
1. Political parties shall be entitled to public financing of their activities, structure, salaries and salaries, regardless of the other prerogatives granted in this Law, in accordance with the following provisions:
a) For the sustainment of permanent ordinary activities:
I. The General Council, in the case of national political parties, or the Local Public Body, dealing with local political parties, will determine annually the total amount to be distributed among the political parties according to the following: it will multiply the total number of citizens registered in the federal or local electoral register, as the case may be, to the July court date of each year, by the Sixty-five percent of the daily minimum wage in force for the Federal District, for national political parties, or the minimum wage in the region in which the federal entity is located, for the case of local political parties;
II. The result of the operation outlined in the previous paragraph constitutes annual public financing for political parties for their activities permanent ordinary and shall be distributed in the form set out in Article 41 (a) of Article 41 of the Constitution;
III. The amounts which, if any, are determined for each party, shall be delivered to monthly ministries in accordance with the annual budget schedule;
IV. Each political party must annually allocate at least two percent of the public funding it receives for the development of the activities. specific, as referred to in point (c) of this Article, and
V. For the training, promotion, and development of women's political leadership, each political party must allocate three percent of the ordinary public funding annually.
b) For Campaign Expenses:
I. In the year of the election in which the Federal or Local Executive Branch and the two Chambers of the Congress of the Union or the Chamber of an Entity are renewed The Federal Government of the Federal Government of the Federal Government of the Federal Government of the United States of the European Union, the Federal Government of the United States, and the Federal Government of the Federal Government of the United States of Mexico, the Federal Government of the United States, and the Federal Government of the United corresponds to that year;
II. In the year of the election in which only the federal Chamber of Deputies or the Congresses of the federal entities is renewed, to each political party national or local, respectively, will be awarded for campaign expenses an amount equivalent to thirty percent of the public financing that for the maintenance of their permanent ordinary activities corresponds to in that year, and
III. The campaign finance will be administered in full by the political parties; establishing the pro-rata as provided for in this Law; having to report them to the Committee on Taxation 10 days before the start of the electoral campaign, which will make it known to the General Council of the Institute at the following session, without the percentages of the pro-rata modified.
c) For specific activities as public interest entities:
I. Education and political training, socioeconomic and political research, as well as the editorial tasks of national political parties, will be supported by public financing for an annual total amount equal to three years. percent of the same year for the ordinary activities referred to in point (a) of this article; the total amount shall be distributed in the terms set out in section II of the aforementioned paragraph;
II. The General Council, through the Technical Unit, will monitor these funds for the financing referred to in this paragraph exclusively to the activities identified in the previous immediate fraction, and
III. The amounts that will be determined for each party, will be delivered in monthly ministries according to the budget calendar that is approve annually.
2. Political parties that have obtained their registration with a date after the last election, or those who have retained legal registration do not have representation in any of the Chambers of the Congress of the Union or in Congress Local parties will have the right to be granted public financing according to the following bases:
a) Each political party will be given two percent of the amount that will correspond to the political parties for the support of the political parties. of its permanent ordinary activities as referred to in this Article, as well as, in the year of the election in question, the financing for campaign expenditure corresponding to the provisions of paragraph 1 (b) of the present Article, and
b) Will participate in public financing for specific activities as entities of public interest only in the part that is distributed in form equal.
3. The quantities referred to in point (a) of the preceding paragraph shall be delivered in the proportional share corresponding to the annuity, from the date on which the registration takes effect and taking into account the approved budget calendar for the year.
1. For a national political party to have local public resources, it must have obtained three percent of the valid vote issued in the previous local electoral process in the federal entity concerned.
2. The rules that determine the local financing of the parties that comply with the provisions of the previous paragraph will be established in the respective local legislations.
1. In addition to the provisions of the above Chapter, political parties may receive funding that does not come from the public purse, with the following modalities:
a) Funding for militancy;
b) Supporters funding;
c) Self-financing, and
d) Financing for financial returns, funds, and trusts.
1. They will not be able to make contributions or donations to political parties or candidates, candidates or candidates for positions of popular choice, in money or in kind, by themselves or by person and under no circumstances:
a) The Executive, Legislative and Judicial branches of the Federation and the federal entities, and the municipalities, except in the case of public financing established in the Constitution and this Law;
b) Dependencies, entities or agencies of the Federal, State or Municipal Public Administration, centralized or parastatal, and the governing bodies of the Federal District;
c) Federal, state, and Federal District autonomous agencies;
d) Foreign political parties, natural persons, or moral parties;
e) International bodies of any nature;
f) Moral people, and
g) People who live or work abroad.
2. Political parties will not be able to apply for credits from development banks for the financing of their activities.
1. Political parties will not be able to receive input from unidentified persons.
2. The contributions in money that supporters make to the political parties, will be deductible from the Income Tax, up to twenty-five percent.
1. Funding that does not come from the public purse will have the following modalities:
a) Individual and mandatory contributions or quotas, ordinary and extraordinary, in money or in kind, carried out by party members politicians;
b) Voluntary and personal contributions, in money or in kind, that pre-candidates and candidates provide exclusively for their pre-campaigns and campaigns, and
c) The voluntary and personal contributions that supporters make during federal and local electoral processes, and will be shaped by contributions or donations, in money or in kind, made to the political parties in free and voluntary form by the Mexican natural persons with residence in the country.
2. Private financing will be adjusted to the following annual limits:
a) For the case of militant contributions, two percent of the public funding granted to all political parties for the support their ordinary activities and pre-campaigns in the year in question;
b) For the case of candidate contributions, as well as supporters during electoral processes, ten percent of the spending ceiling for the immediate presidential election, to be used in the campaigns of their candidates;
c) Each political party, through the body provided for in Article 43 (c) of this Law, will freely determine the minimum and maximum amounts and the periodicity of the ordinary and extraordinary quotas of its members, as well as the voluntary and personal contributions that the pre-candidates and candidates provide exclusively for their pre-campaigns and campaigns, and
d) Supporters ' contributions will have an annual individual limit of 0.5 percent of the spending ceiling for the previous immediate presidential election.
3. Political parties shall issue foliated receipts in which the full name and address, key of voter and, where applicable, Federal Register of Contributors of the contributor, are indicated. In case the contribution is made by cheque or bank transfer, the source account must be in the name of the contributor. The contributions or contributions shall invariably be deposited in bank accounts in the name of the political party, in accordance with the provisions of the Regulation.
4. The contributions in kind shall be entered in a contract concluded between the political party and the contributor, in which the unit value of the goods or services provided is specified, the total amount of the contribution and, if applicable, the number of units contributed; in the same way, an invoice must be annexed in which the form of payment is required; as provided for in Article 29 A, section VII (c) of the Tax Code of the Federation.
5. The political party shall provide a monthly relationship of the names of the contributors and, where appropriate, the accounts of the source of the resource which must necessarily be in the name of the person making the contribution.
6. The contributions of movable or immovable property shall be intended solely for the fulfilment of the object of the political party which has benefited from the contribution.
1. Political parties may establish in banking institutions domiciled in Mexico accounts, funds or trusts for the investment of their liquid resources in order to obtain financial returns, subject to the following rules:
a) You must inform the General Council of the Institute of the opening of the account, fund or trust concerned, no later than the following five days the signature of the contract in question, accompanying a true copy of the contract, issued by the institution of private banking with which it has been established;
b) The accounts, funds and trusts that will be constituted will be handled in debt instruments issued by the Mexican government in national currency and a period not longer than one year;
c) In any case, accounts, funds or trusts will not be protected by bank or fiduciary secrets for the Institute's General Council, so that This may require detailed information about its handling and operations at all times, and
d) The financial returns obtained through this modality shall be directed towards the fulfilment of the objectives of the political party.
From Verification of Financial Operations
1. The General Council of the Institute through its Technical Unit may request the competent administrative unit in the field of financial intelligence from the Secretariat of Finance and Public Credit to report financial operations to the presumption of the illegal origin of the resources provided to the political parties.
2. addition, at the request of the audit body, the administrative unit responsible for financial intelligence of the Secretariat of Finance and Public Credit will report on cash provisions to be made by any body or agency of the Federation, federal entities and municipalities during any electoral process, where such operations are deemed to be relevant or unusual in accordance with the applicable ordinances.
OF THE FINANCIAL REGIME OF POLITICAL PARTIES
The Political Party Accounting System
1. Each political party shall be responsible for its accounting and the operation of the accounting system, as well as for compliance with the provisions of this Law and the decisions issued by the General Council of the Institute and the Commission of Audit.
1. The accounting system to which the political parties shall be subject shall have the following characteristics:
a) Be shaped by the set of records, procedures, criteria and reports, structured on the basis of common technical principles intended to capture, value, record, classify, report and interpret, transactions, transformations and events that, arising from financial activity, modify the political party's assets;
b) The provisions that in the field of taxation establish obligations, classify the concepts of expenditure of political parties, candidates and all subjects required; as well as those who set the infringements, are strictly interpreted as the rule;
c) Recognize the legal nature of the operations performed by political parties with third parties, in terms of civil and commercial provisions;
d) Register harmoniously, delimited and specifies your budget and accounting operations, as well as other economic flows;
e) Reflect the application of the principles, general and specific accounting standards and instruments to be established by the General Council of the Institute;
f) Facilitating recognition of income, expense, assets, liabilities, and heritage operations;
g) Automatically integrate the budget year with the accounting operation, from the use of the accrued expense;
h) Allow records to be made by considering the cumulative basis for the integration of budgetary and accounting information;
i) Reflect a consistent and orderly record of each operation that generates rights and obligations arising from financial management;
j) Generate, in real time, financial statements, budget execution, and other information that helps to make decisions, transparency, programming based results, evaluation and accountability, and
k) Facilitate the recording and control of inventories of movable and immovable property.
2. The accounting system will be deployed in a computer system that will have security devices. The parties shall make their online accounting records and the Institute may have unrestricted access to those systems in exercise of their supervisory and audit powers.
3. Where appropriate, the Institute will formulate preventive recommendations for political parties and candidates, with a view to improving the effectiveness, efficiency, timeliness, consistency and veracity of the reports that this Law points out.
Of Party Obligations Regarding Financial Regime
1. As for your financial regime, political parties should:
a) Bring your accounting through books, systems, accounting records, account statements, special accounts, work papers, disks, or any actionable media data storage to enable them to facilitate the recording and audit of their assets, liabilities, revenues and expenses and, in general, to contribute to measuring the effectiveness, economy and efficiency of expenditure and revenue and debt management;
b) Generate reliable, timely, understandable, periodic, comparable, and homogeneous financial statements, which will be expressed in monetary terms;
c) Follow best accounting practices in support of financial planning, resource control, analysis, and audit tasks;
d) Contar with accounting manuals, as well as other accounting instruments defined by the General Council of the Institute;
e) Keep accounting information for a minimum of five years, and
f) Deliver to the General Council of the Institute the following information:
I. Within a period of seventy-two hours, counted from the effect of the notification of the requirement, its financial statements with a court of information at the time of the request;
II. Out of election processes, the contracts report will be presented on a quarterly basis from the previous immediate period, and
III. The information of a financial nature, the information relating to the expenditure and the conditions of implementation, the contracts to be concluded during the pre-campaigns and the campaigns, within a maximum period of three days after their subscription, after delivery of the goods or the provision of services in question, such information may be notified to the Institute by electronic means on the basis of the guidelines issued by it.
1. The General Council of the Institute shall check the content of the procurement notices referred to in paragraph 1 (f) (f) (III) (f) in accordance with the procedures to be issued by that Council for that purpose. General.
2. Political parties shall submit to the General Council of the Institute the respective notice, accompanied by a copy of the respective contract containing:
a) The signature of the political party representative, coalition or candidate;
b) The object of the contract;
c) The value or unit price and total of the goods or services to be provided;
d) The conditions through which its execution will take place, and
e) The penalty in case of non-compliance.
1. The costs of political parties, coalitions and candidates must meet the following requirements:
a) Being covered with a voucher that meets the tax requirements;
b) Making by electronic transfer, nominative check to credit the beneficiary, payments whose amount exceeds ninety days of salary General minimum current for the Federal District;
c) Be properly registered in the accounting;
d) Meet the obligations set forth in the subject of withholding and integer of taxes from third parties, and
e) Holding the expenses associated with acquisitions, to the criteria of legality, honesty, efficiency, effectiveness, economy, rationality, austerity, transparency, control and accountability.
1. Political parties may choose to make payments relating to their permanent ordinary activities, pre-campaigns and campaigns, or only those relating to public propaganda during the pre-campaign and campaign period, by Technical Unit conduit.
2. It is understood by public propaganda any propaganda that is contracted or disseminated in spectacular, mailboxes, boxes of light, billboards, marquees, urban furniture of advertising with or without movement, walls, panoramic, for buses, bridges, fences, vehicles or any other similar means.
3. In the event that the party chooses because the Institute through the Technical Unit pays all the contractual obligations contracted by the party in the campaign stage, the Technical Unit will have at all times throughout the campaign for the exclusive use of checkbooks.
4. In case the political party chooses to have the Institute, through the Technical Unit, pay only the propaganda on public roads, an account will be used for this purpose, whose checkbook will be exclusive to the authority.
5. The General Council will issue the guidelines for the implementation of the payments through the Technical Unit, which will have to guarantee, among other aspects, the transparency in the use of the resources; the realization of the payments in form timely; compliance with tax provisions, and reconciliation of balances.
1. The Institute will issue the guidelines to ensure maximum publicity for records and accounting movements, prior notices of recruitment and validation requirements for recruitment in respect of political parties, coalitions and candidates.
1. National political parties are not subject to the following taxes and duties:
a) Those related to raffles and raffles that may be held prior to legal authorization, and with fairs, festivals, and other events that are intended to be read resources for the fulfillment of their purposes;
b) On income, as to its taxable profits arising from the disposal of the buildings that they have acquired for the performance of their duties specific, as well as income from donations in numbers or in kind;
c) Those relating to the sale of printed forms for the dissemination of their principles, programmes, statutes and, in general, for their propaganda, as well as for the use of equipment and audiovisual media therein, and
d) Regarding others that establish applicable legal provisions.
1. The assumptions referred to in the previous article will not apply in the following cases:
a) In the contributions, including additional fees to be set by the states or the Federal District, on the property property, fractionation, additional to be established on ownership, division, consolidation, translation and improvement, as well as those based on the change in the value of the buildings, and
b) Of taxes and duties to be established by states, municipalities or the Federal District for the provision of public services.
1. The tax regime referred to in Article 66 of this Law does not relieve the political parties of compliance with other tax obligations.
2. Political parties shall retain and hear from the tax authorities, in accordance with applicable laws, the Income Tax corresponding to the wages, salaries, fees and any other equivalent remuneration they make to their leaders, employees, employees or independent professionals who provide services to them. The Commission for the Taxation of the Resources of Political Parties shall give notice to the competent tax authorities of the omission in the payment of taxes and other contributions incurred by the political parties.
From the Postal and Telegraphic Franchises
1. The national political parties will enjoy the postal and telegraphic franchises, within the national territory, that are necessary for the development of their activities.
1. The postal franchises will be subject to the following rules:
a) The General Council will determine in the annual budget of the Institute itself, the item intended to cover the cost of the postal franchise of the national political parties. In non-electoral years the total amount will be equal to two percent of the public funding for ordinary activities; in electoral years it will amount to four percent;
b) The postal franchise will be allocated equally to the national political parties;
c) The Institute will report to the Mexican Postal Service of the budget that corresponds annually by concept of this prerogative to each political party and will cover, on a quarterly basis, the cost of the services provided to each of them up to the appropriate limit. In no case shall the Institute directly minister to the parties the resources allocated for this purpose. If, at the end of the fiscal year corresponding to the remainder of this term, they are reintegrated into the Federation's Treasury as budgetary economies;
d) You will only be able to use the postal franchise in the governing committees of each party. The representatives of the parties to the General Council shall inform the Institute in due time about the annual allocation among these committees of the prerogative to which they are responsible;
e) The political parties will accredit to the Executive Directorate of Prerogatives and Political Parties and to the Local and District Executive Boards, two representatives authorized by each of its committees to bill the sending of their regular correspondence, their propaganda and their periodicals. The Executive Directorate itself shall communicate to the Mexican Postal Service the names of the authorised representatives and shall make the necessary steps to be granted to them;
f) National committees may refer to the entire Republic, in addition to their correspondence, propaganda and periodicals; state committees, district and municipal authorities may refer them to their national committee and within their respective territorial demarcations;
g) The Mexican Postal Service will inform the Institute about the offices in which political parties will make the deposits of their correspondence, guaranteeing that are equipped with the necessary elements for their handling. Representatives authorised and registered by each committee with the Executive Directorate or the vocalias shall invoice the submissions and sign the respective documentation;
h) In the correspondence of each political party, its sender status will be clearly mentioned;
i) The Institute shall conclude the necessary agreements and agreements with the Mexican Postal Service for the purposes set out in this Article; inform, in the terms and deadlines agreed upon, of the use made by each political party of its prerogative, as well as any irregularities in its use, and
j) Political parties shall inform the Executive Directorate of the replacement of their authorised representatives in a timely manner, in order to be notified by the Executive Directorate to the Mexican Postal Service.
1. The telegraphic franchises shall be granted exclusively for use within the national territory and shall be subject to the following rules:
a) They will only be able to make use of the telegraphic franchises the national committees of each political party;
b) National committees will be able to use franchises for their communications to the entire Republic;
c) The franchises will be used by two representatives authorized by each of the national committees. The names and signatures of the authorised representatives shall be registered with the Executive Directorate of Prerogatives and Political Parties, in order to communicate them to the relevant public body;
d) The telegraphic path will only be used in award cases and the texts of the telegrams will conform to the provisions of the subject, and
e) The telegraphic franchise will not take effect for propaganda purposes, matters of personal interest, nor for messages whose recipients are in the same city or urban turning area.
2. The Institute shall have the necessary in its annual budget in order to cover the cost to the competent public body for the attention of these provisions.
OF THE TAXATION OF POLITICAL PARTIES
Taxation of the Permanent Ordinary Activities of Political Parties
1. Political parties shall report the revenue and expenditure of financing for ordinary activities.
2. It is understood as ordinary spending items:
a) The programmed expenditure comprising the resources used by the political party with the objective of achieving citizen participation in life democratic, the spread of political culture and the political leadership of women;
b) The expenses of partisan campaign structure made within the electoral processes;
c) The expense of the internal candidate selection processes, which may not be greater than two percent of the regular spending set for the year in the the internal process is developed;
d) Staff salaries and salaries, lease of movable and immovable property, stationery, electrical energy, fuel, viatics and other similar;
e) The institutional propaganda that they carry out will only be able to spread the emblem of the political party, as well as the different campaigns of democratic consolidation, without the establishment of any kind of phrase or legend that suggests any political positioning, and
f) The expenses related to electoral structures comprising the set of erogations necessary for the maintenance and functioning of the staff participates in the name or benefit of the political party at the sectoral, district, municipal, state or national level of the political parties in the campaigns.
3. The expenses of electoral structures shall include the costs incurred for the payment of viatics and food:
a) Members of the internal organs of political parties in their ordinary and extraordinary statutory activities;
b) The members of the committees or equivalents in the federal entities, as provided for in paragraph 2 of Article 43 of this Law, in activities before the internal bodies of national political parties;
c) The members of the internal organs of the national political parties before the committees or equivalent in the federal entities provided for in the Article 43, paragraph 2, of this Law;
d) Representatives of political parties to the Institute or to Local Public Bodies;
e) The representatives of the political parties at the polling stations;
f) Those deriving from the agreement issued by the General Council on the proposal of the Commission for Taxation, prior to the delivery of the expenditure reports ordinary of each of the exercises, and
g) Institutional propaganda that spreads the governance achievements of each of the political parties or coalitions.
1. Political parties will be able to apply the resources earmarked for the training, promotion and development of women's political leadership, in the following areas:
a) The conduct of research that aims to inform the citizenry of evolution, development, progress, and any topic of interest related to the political leadership of women;
b) The elaboration, publication and distribution of books, journals, brochures, or any form of dissemination of interest topics related to the parity of gender;
c) The organization of work tables, conferences, workshops, events and projections that allow the dissemination of topics related to the development of women in their incorporation into political life;
d) The realization of propaganda and publicity related to the execution and development of actions in the field, and
e) All expenditure required for the organization and dissemination of the referenced actions.
1. Political parties may report on their reports specific activities that they develop as entities of public interest, such as the following:
a) Education and political training, involving the realization of all kinds of events or actions that promote political participation, civic values and respect for human rights, among the citizenry;
b) Performing socio-economic and political research;
c) The elaboration, publication and distribution, through any means of dissemination, of information of the party's interest, of the militants and sympathizers, and
d) All expenditure required for the organization and dissemination of the referenced actions.
Taxation of Political Parties during Election Processes
1. The General Council on a proposal from the Commission for Taxation and prior to the beginning of the pre-campaigns will determine the type of expenditure that will be estimated as a pre-campaign according to the nature of the calls issued by the parties. politicians.
1. For the purposes of this Chapter, they are understood as campaign expenses:
(a) Propaganda expenses: They buy the ones made in bars, blankets, flyers, banners, sound equipment, political events held in rented places, utilitarian propaganda and other similar ones;
b) Operating expenses for the campaign: Understanding the salaries and salaries of the eventual staff, eventual leasing of movable and immovable property, Transport of equipment and personnel, viatics and other like;
c) Propaganda expenses in newspapers, magazines and other print media: Understand those made in any of those media, such as paid inserts, advertising advertisements and their similar, intended to obtain the vote. In any case, both the party and the contracting candidate, as well as the printed media, must clearly identify what it is about propaganda or paid insertion;
d) Production expenses for radio and television messages: Understanding those made for the payment of professional services; use of technical equipment, locations or recording and production studies, as well as the other inherent to the same objective;
e) Expenses that are intended to present to the citizenry the registered candidates of the party and their respective promotion;
f) Expenses that are intended to promote the exposure, development and discussion of the candidates ' programs and actions registered as well as the electoral platform;
g) Any expense that spreads the image, name, or platform of government of any candidate or political party in the period that transitions from the conclusion of the pre-campaign and until the beginning of the electoral campaign, and
h) The expenses that the General Council on a proposal from the Committee on Taxation and prior to the start of the electoral campaign will determine.
2. The expenses incurred by the parties for their ordinary operation, for the fulfilment of their statutory obligations and for the support of their management bodies and their organisations shall not be considered as part of the campaign expenses.
3. All goods or services to be used for the campaign must have as their direct purpose the obtaining of the vote in the federal or local elections; with the exception of the expenditure relating to electoral structures itself which will be estimated as a ordinary operational expenditure.
From the Political Party Revenue and Expenditure Reports
1. The internal body of the political parties provided for in Article 43 (c) of this Law shall be responsible for the administration of its assets and its general, pre-campaign and campaign resources, as well as for the presentation of the reports referred to in this Chapter. Such an organ shall be constituted in terms and with the modalities and characteristics that each party freely determines.
2. The review of the reports that the political parties present on the origin and destination of their ordinary and campaign resources, as appropriate, as well as the practice of audits on the management of their resources and their accounting situation and The Commission will be responsible for the preparation and presentation to the General Council of the consolidated opinion and draft resolution of the various reports which will be submitted to the General Council of the Institute. are obliged to present the political parties.
1. Political parties shall submit their quarterly reports and regular expenditure reports under the following guidelines:
a) Quarterly exercise progress reports:
I. They shall be filed no later than thirty days after the corresponding quarter is concluded;
II. In the report, the result of the revenue and the ordinary expenses that the parties have obtained and incurred during the period will be reported. corresponds;
III. During the year of the federal election process the obligation set forth in this paragraph will be suspended, and
IV. If the review carried out by the Commission through the Technical Unit, anomalies, errors or omissions are found, the political party will be notified to the end. (i) to ensure that the necessary information is provided. The reports constitute a precedent for the annual review to be performed by the authority.
b) Annual Regular Spending Reports:
I. They shall be filed no later than 60 days after the last day of December of the year of the reporting;
II. In the ordinary expenditure report, the total revenue and ordinary expenditure that the parties have made during the financial year shall be reported. report;
III. Together with the annual report, the consolidated statement of assets, liabilities and assets, as well as assets, shall be presented. a detailed report of the property owned by the party concerned, and
IV. The reports referred to in this paragraph must be authorized and signed by the external auditor that each party designates for that purpose.
2. National political groupings shall submit an annual report on revenue and expenditure, within the same period specified in section I of the (a) paragraph 1 of this Article and following the guidelines laid down in the applicable regulation.
1. Political parties must submit pre-campaign and campaign reports, in accordance with the following rules:
a) Precampaign reports:
I. Must be presented by the political parties for each of the candidates for candidates in charge of the popular election, registered for each type of precampaign, specifying the origin and amount of revenue, as well as the expenses incurred;
II. Candidates and pre-candidates are responsible for the implementation of campaign and pre-campaign reports. For such purposes, the infringements in which they are incurred shall be analysed separately;
III. The reports must be submitted no later than ten days after the end of the pre-campaigns;
IV. The costs of organizing internal processes for the selection of candidates to be held by political parties will be reported in the annual report. appropriate, and
V. Any propaganda that is placed in the period in which the precampaigns are carried out and that they remain on the public road after that process has been concluded or, if necessary, once the party runs its candidates, especially those who contain the image, name, surnames, appellants or nickname of the precandidate winner of the internal contest, they shall be considered for the purpose of the campaign expenses of this, which shall be reported in the corresponding reports.
b) Campaign Reports:
I. Must be presented by the political parties, for each of the campaigns in the respective elections, specifying the expenses that the party political and candidate have been conducted in the relevant territorial area;
II. The candidate is responsible for compliance with the expense reports referred to in the preceding paragraph, and
III. Political parties will present income and expense reports for thirty-day periods counted from the beginning of the campaign stage, the which shall be delivered to the Technical Unit within the following three days of each period.
1. The procedure for the presentation and review of the reports of the political parties will be subject to the following rules:
a) Quarterly exercise progress reports:
I. Once the quarterly reports have been delivered, if the Technical Unit review is found to be anomalies, errors, or omissions, the party to allow them to subsane or make the necessary clarifications, and
II. In any case the quarterly reports are exclusively informative for the authority.
b) Annual reports:
I. Once the annual reports are delivered, the Technical Unit will have a term of sixty days for review and will be empowered at all times to to request the body provided for in Article 43 (c) of this Law of each party, the documentation necessary to verify the veracity of the reports reported;
II. If during the review of the reports the Technical Unit warns of errors or technical omissions, it will prevent the political party that has (a) they are engaged in so that within ten days, from such prevention, they shall present any clarifications or rectifications that they consider relevant;
III. The Technical Unit is obliged to inform the political party if the clarifications or rectifications made by it subheal the errors or omissions found, giving, as the case may be, an unextendable five-day period for the subsane to be subsane. The Technical Unit shall also report the result before the deadline for drawing up the consolidated opinion referred to in the following fraction;
IV. After the end of the period referred to in section I of this paragraph or, if applicable, the granted for the rectification of errors or omissions, it will have a 20 days to issue the consolidated opinion, as well as the draft resolution concerned, for consideration by the Committee on Taxation;
V. The Fiscalization Commission will have ten days to approve the projects issued by the Technical Unit, and
VI. Once the deadline referred to in the previous fraction is over, the Fiscalization Commission will present in a term of seventy-two hours, the project before the General Council, which will have ten days for discussion and approval.
c) Precampaign Reports:
I. Once the pre-campaign expense reports are delivered, the Technical Unit will have a fifteen-day term for the review of those reports;
II. The Technical Unit shall inform the political parties, where appropriate, the existence of errors or technical omissions and shall prevent them from submitting the clarifications or any other information within seven days of such notification. Corrections that you consider relevant;
III. Once the term referred to in the previous section has been completed, the Technical Unit will have a ten-day term to issue the consolidated opinion, thus as the respective draft resolution and for submission to the Committee on Taxation;
IV. The Fiscalization Commission will have six days to approve the projects issued by the Technical Unit, and
V. After the end of the six-day period, the Fiscalization Commission will present the draft to the General Council within a period of seventy-two hours, which will have a period of six days, for discussion and approval.
d) Campaign Reports:
I. The Technical Unit shall review and audit, at the same time, the development of the campaign, the destination of the political parties to the campaign resources;
II. Once the campaign reports are delivered, the Technical Unit will have ten days to review the supporting documentation and the presented accounting;
III. In the event that the authority is aware of the existence of technical errors or omissions in the supporting documentation and accounting presented, it shall grant a five-day period from the notification to the party in respect of the party, in order for it to present any clarifications or rectifications it considers relevant;
IV. Once the review of the last report has been completed, the Technical Unit will have a ten-day term to carry out the consolidated opinion and the proposal of resolution, as well as for submission to the Committee on Taxation;
V. Once the Technical Unit submits the consolidated opinion and the motion for a resolution to the Committee on Taxation, the latter will have a six-day term to vote on such projects and submit them to the General Council, and
VI. Once the consolidated opinion as well as the respective draft resolution has been adopted, the Committee on Taxation, through its President, will submit to consideration of the General Council for projects to be voted on in an unextendable term of six days.
1. All opinions and draft resolutions issued by the Technical Unit shall contain at least:
a) The outcome and conclusions of the review of the reports presented by the political parties;
b) Where appropriate, the mention of errors or irregularities found in them, and
c) The indication of the clarifications or rectifications presented by the political parties after they have been notified to them for that purpose.
1. Political parties may challenge before the Court the consolidated opinion and resolution issued by the General Council, in the form and terms provided for in the law of the matter, in which case the General Council of the Institute shall:
a) Remit to the Court, together with the appeal, the consolidated opinion of the Technical Unit and the respective report;
b) Rissue to the Official Journal of the Federation for publication, once the time limit for the appeal is met, or presented once the Court issues the relevant resolution, a synopsis of the opinion, of the resolution adopted by the General Council and, where appropriate, the resolution to the appeal, and
c) Publish on the Institute's website the full opinion as well as the resolution approved by the General Council and, if applicable, the resolutions issued by the Court.
1. The generic campaign expenses will be prorated between the benefit campaigns, according to the following:
a) As generic campaign expenses, it will be understood as campaign and propaganda events, in which the party or coalition promotes or invites to vote for a set of candidates for popular election positions, as long as the candidate or the campaign type is not specified;
b) Generic expenses in which no candidate or campaign type is identified, but some public policy or party proposal is disseminated or coalition, and
c) In cases where the emblem is published or disseminated or the mention of slogans identifying the party, coalition or its candidates or the candidates is published. contents of their electoral platforms.
2. In cases where two or more candidates are promoted to positions of popular choice, the campaign expenses will be distributed as follows:
a) In the case of a candidate for President of the Republic and a candidate for Senator, the spending will be distributed by forty percent for President of the Republic. Republic and sixty percent to the candidate for Senator;
b) In the case of a candidate for President of the Republic and a candidate for the Federal Government, 60 percent will be distributed to the candidate for president of the Republic, and forty per cent to the candidate for Federal Deputy;
c) In the case of candidates for President of the Republic, Senator and Federal Deputy, the spending will be distributed 20 percent to the President of the Republic, fifty to the candidate for Senator, and thirty per cent to the candidate for Federal Deputy;
d) In case campaign expenses are integrated for candidates for President of the Republic, Senator, Federal Deputy and a local campaign, the The candidate for President of the Republic will be distributed 15 percent; thirty-five percent will be distributed to the candidate for Senator; twenty-five percent will be distributed to the Federal Government and 25 percent to the respective local campaign;
e) In cases where the candidate for President of the Republic and a local campaign will intervene, forty percent will be distributed to the candidate for President of the Republic and sixty percent to the local campaign;
f) In cases where they are integrated by the candidates for President of the Republic, Senator and a local campaign, it will be distributed by twenty percent to the candidate for President of the Republic; sixty percent to the candidate for Senator and twenty percent to the candidate of the respective local election;
g) In the case in which the candidates for President of the Republic, Federal Deputy and a local candidate are involved, they will be distributed in forty years. percent to the candidate for president, in thirty-five to the candidate for the federal deputy and in a twenty-five to the candidate of the local election;
h) In the case where a candidate for Senator and a candidate for Federal Deputy will participate, the spending will be distributed seventy percent to the candidate for Senator and Thirty per cent to the candidate for Federal Deputy;
i) In the case where a candidate for Senator, a candidate for Federal Deputy and a local candidate, will participate, will be distributed in fifty percent. The candidate for Senator, thirty percent to the candidate for the Federal Government and twenty percent to the candidate for the local campaign;
j) In the event of a candidate for Senator, and a local candidate, a candidate will be distributed, in seventy-five percent to the candidate for Senator and a twenty-five to the candidate of the respective local choice;
k) In the case where a candidate for Federal Deputy and a candidate is involved with a local campaign, it will be distributed by fifty percent, respectively, and
l) In federal campaign cases, if more than two candidates are added to either Senators or Deputies that match in the same geographical scope, the percentage is divide between those who are involved according to the appropriate campaign. This same assumption shall apply to the case of local campaigns.
3. An expense will be understood to benefit a candidate when any of the following assumptions are present:
a) The name of the candidate nominated by the party or coalition is mentioned;
b) The candidate image is released, or
c) The vote in favor of the campaign is promoted in an express manner.
4. The Fiscalization Regulation shall develop the above rules and establish the rules for the accounting record and verification of the expenses referred to in this Article.
1. The President, the Electoral Counselors and the Executive Secretary may request at all times reports on the ordinary expenses of the national and local political parties to the Committee on Taxation.
2. Regarding the pre-campaign and campaign reports, the Fiscalization Commission will be giving the Electoral Councilors a report every twenty-five days of the progress of the reviews.
OF FRONTS, COALITIONS AND MERGERS
1. Political parties will be able to form fronts, to achieve shared political and social goals of non-electoral nature, through specific and common actions and strategies.
2. Political parties, for electoral purposes, will be able to form coalitions to run the same candidates in the federal elections, provided they meet the requirements set out in the Law.
3. Two or more political parties may merge to constitute a new party or to join one of them.
4. New registration parties will not be able to agree on fronts, coalitions or mergers with another political party before the conclusion of the first federal or local immediate election after registration. as appropriate.
5. It will be the faculty of the federative entities to establish in their Local Constitutions other forms of participation or association of political parties in order to apply candidates.
6. The validity of the coalition agreement, the act of association or participation shall be presumed, provided that it has been carried out in accordance with the terms laid down in its statutes and approved by the competent bodies, unless otherwise proved.
Of The Frants
1. To constitute a front, an agreement must be concluded in which it will be stated:
a) Their duration;
b) The causes that motivate you;
c) The purposes they pursue, and
d) The way political parties agree to exercise their prerogatives in common, within the claims of this Law.
2. The convention that is held to integrate a front must be submitted to the Institute, which within ten working days will decide if it meets the legal requirements and will have its own publication in the Official Journal of the Federation for its effects.
3. The national political parties that integrate a front, will retain their legal personality, their registration and their identity.
From the Coalitions
1. National political parties will be able to form coalitions for the elections of President of the United Mexican States, as well as of senators and deputies for the majority principle. relative.
2. The national and local political parties will be able to form coalitions for Governor's elections, deputies to the majority-relative local legislatures and town halls, as well as Head of Government, deputies to the Legislative Assembly of relative majority and the heads of the political-administrative organs of the territorial demarcations of the Federal District.
3. Political parties will not be able to run their own candidates where there are already coalition candidates from which they are a party.
4. No political party will be able to register as its own candidate for whom it has already been registered as a candidate by any coalition.
5. No coalition will be able to run as a coalition candidate who has already been registered as a candidate for a political party.
6. No political party will be able to register a candidate from another political party. This prohibition shall not apply in cases where there is a coalition in the terms of this Chapter or, where appropriate, in the case provided for in paragraph 5 of Article 85 of this Law.
7. Political parties that are engaged to participate in the elections must conclude and register the corresponding convention in the terms of this Chapter.
8. The coalition agreement may be held by two or more political parties.
9. Political parties will not be able to hold more than one coalition in the same federal or local electoral process.
10. Political parties may not distribute or transfer votes through a coalition agreement.
11. Concluded the stage of results and declarations of validity of the elections of senators and deputies, will automatically end the coalition for which candidates have been nominated, in which case candidates for senators or coalition deputies who are elected shall be included in the political party or parliamentary group which has been identified in the coalition agreement.
12. Regardless of the type of election, agreement and terms that the coalition parties adopt in it, each of them will appear with their own emblem on the ballot, according to the election. in question; the votes will be added for the candidate of the coalition and will count for each of the political parties for all the effects established in this Law.
13. The votes in which more than one option of the coalition parties would have been marked, will be considered valid for the candidate, will count as a single vote and without them being taken in account for the allocation of proportional representation or other prerogatives.
14. In any case, each of the parties involved must register lists of candidates for deputies for the principle of proportional representation and their own list of candidates for senators. by the same principle.
15. Coalitions should be uniform. No political party will be able to participate in more than one coalition and these will not be different, in what it does to the parties that integrate them, by type of choice.
1. Political parties will be able to form total, partial and flexible coalitions.
2. It is understood as a total coalition, one in which the coalition political parties run in the same federal or local process, to the totality of their candidates for positions of popular choice under the same electoral platform.
3. If two or more parties are fully involved in the elections of senators or deputies, they will have to be held for the election of President of the United Mexican States. In the case of local elections, if two or more parties are fully involved for the elections of local deputies or deputies to the Legislative Assembly, they shall be held for the election of Governor or Head of Government.
4. If once the total coalition has been registered, it will not register candidates for election positions, in the terms of the preceding paragraph, and within the deadlines set for this purpose in this Law, the coalition and the registration of the Candidate for the election of President of the United Mexican States, Governor or Head of Government shall be automatically left without effect.
5. Partial Coalition is one in which the political parties in the coalition run in the same federal or local process, at least fifty percent of their candidates for popular election positions under the same electoral platform.
6. It is understood as a flexible coalition, one in which the political parties in the coalition run in the same federal or local electoral process, at least a twenty-five percent of candidates for popular election positions under one. election platform.
1. In any case, for the registration of the coalition the political parties that intend to join will have to:
a) Credit that the coalition was approved by the national governing body to establish the statutes of each of the political parties involved and that such bodies expressly approved the electoral platform, and where appropriate, the coalition government program or one of the parties involved;
b) Check that the respective party organs of each of the coalition political parties approved, where appropriate, the nomination and registration of a candidate for the presidential election;
c) Credit that the respective party organs of each of the political parties in the coalition have approved, if necessary, to apply and register, as coalition, to the candidates for the positions of deputies and senators for the principle of relative majority, and
d) On your occasion, each coalition member party in question must, by itself, register the lists of candidates for deputies and senators. by the principle of proportional representation.
1. In the case of coalition, regardless of the choice for which it is made, each party will retain its own representation on the Institute's boards and at the polling stations.
1. The coalition agreement will contain in all cases:
a) The political parties that form it;
b) The federal or local electoral process that gives you origin;
c) The procedure each party will follow for the selection of candidates to be nominated by the coalition;
d) The electoral platform must be accompanied and, if necessary, the program of government that will be supported by its candidate for President of the United Mexican States, as well as the documents on which the approval is made by the relevant party bodies;
e) The signal, if any, of the political party originally owned by each of the candidates registered by the coalition and the of the parliamentary group or political party in which they would be included in the case of being elected, and
f) For the case of the interposition of the means of impeachment provided for in the law of the matter, who would have the representation of the coalition.
2. In the coalition agreement, it must be stated that the coalition political parties, according to the type of coalition in question, will be subject to the campaign expenditure ceilings that have been set for the various elections, as if they were a single match. In the same way, the amount of contributions from each political party involved for the development of the respective campaigns, as well as the way to report it in the corresponding reports, should be noted.
3. Total, partial and flexible coalitions will be granted the prerogative of access to time on radio and television in the terms provided by the General Law of Electoral Institutions and Procedures.
4. In any case, the radio and television messages that correspond to coalition candidates must identify that quality and the party responsible for the message.
5. It is applicable to electoral coalitions, whatever their territorial scope and type of election, in all times and circumstances, as set out in the second paragraph of Article 41 (A) of the Constitution.
1. The application for registration of the coalition agreement, as the case may be, shall be submitted to the President of the General Council of the Institute or the Local Public Body, depending on the choice that motivates him, accompanied by the relevant documentation, take 30 days before the start of the pre-campaign period of the choice in question. During the absence of the President of the General Council, the agreement may be presented to the executive secretary of the Institute or the Local Public Body, depending on the choice that motivates him.
2. The President of the General Council of the Institute or the Local Public Body shall integrate the file and report to the General Council.
3. The General Council of the Institute or the Local Public Body shall, no later than ten days after the date of the presentation of the convention, decide.
4. Once a coalition agreement, the Institute or the Local Public Body has been registered, according to the choice that will motivate it, it shall be published in the Official Journal of the Federation or in the local official dissemination organ, as appropriate.
1. The merger of parties can only be conducted between two or more national political parties; or two or more local political parties.
2. The national political parties that decide to merge, must conclude an agreement in which the characteristics of the new party will invariably be established; or which of the political parties retains its legal personality and the validity of the of their registration; and which party or parties will be merged. The merger agreement must be approved by the national assembly or equivalent of each of the parties participating in the merger.
3. For all legal purposes, the validity of the registration of the new party shall be the one corresponding to the oldest party record among those merging.
4. The rights and prerogatives that correspond to the new party will be recognized and assigned based on the sum of the voting percentages that the merged parties obtained in the last election for federal deputies, and in their case, for local Members or Members of the Legislative Assembly for the principle of proportional representation.
5. The merger agreement must be submitted to the President of the General Council of the Institute or the Local Public Body, so that, once the revision referred to in Article 93 (2) of this Law is made, it will be submitted to the General Council.
6. The General Council of the Institute or the Local Public Body shall decide on the validity of the registration of the new party within 30 days of its submission and, where appropriate, shall have its publication in the Official Journal of the the Federation.
7. For electoral purposes, the merger agreement shall be communicated to the President of the General Council of the Institute or the Local Public Body no later than one year before the day of the election.
OF THE LOSS OF POLITICAL PARTY REGISTRATION
From Log Loss
1. They are the cause of loss of registration of a political party:
a) Do not participate in an ordinary election process;
b) Do not get in the immediate immediate election, at least three percent of the valid vote issued in any of the elections for Members, senators, or President of the United Mexican States, in the case of national political parties, and of Governor, deputies to the local legislatures and municipalities, as well as the Chief of Government, deputies to the Legislative Assembly, and the holders of the political-administrative bodies of the territorial demarcations of the Federal District, dealing with a local political party;
c) Do not get at least three percent of the valid vote issued in any of the ordinary federal elections for Deputies, Senators or President of the United Mexican States, in the case of a national political party, or Governor's, deputies to local legislatures and town halls, as well as the head of government, deputies to the Legislative Assembly, and the office holders. political-administrative of the territorial demarcations of the Federal District, in the case of a local political party, if involved;
d) Haber no longer meet the requirements to obtain the registration;
e) Incompliance in a serious and systematic manner in the judgment of the General Council of the Institute or Local Public Bodies, as the case may be, obligations which points to electoral normativity;
f) Haber has been declared dissolved by agreement of its members in accordance with its statutes, and
g) Having merged with another political party.
1. For the loss of the registration referred to in points (a) to (c) of paragraph 1 of the previous article, the Executive General Board of the Institute shall issue the corresponding declaratory, which shall be based on the results of the the respective validity declarations of the Institute's councils, as well as in the decisions of the Electoral Tribunal, and should be published in the Official Journal of the Federation.
2. In the cases referred to in points (d) to (g) of paragraph 9 of Article 22 (9) and (e) to (g) of paragraph 1 of the previous Article, the General Council of the Institute for the loss of registration of a political grouping or of a Political party, as the case may be, will be published in the Official Journal of the Federation. It shall not be settled on the loss of registration in the cases referred to in points (e) and (f) of Article 22 (9) and (d) and (e) of paragraph 1 of the previous Article, without prior to being heard in defence of the political party or political party concerned.
3. The declaration of loss of registration of a political party or local grouping shall be issued by the General Council of the Local Public Body, founding and motivating the causes of the same and shall be published in the gazette or newspaper official of the federative entity.
4. The loss of the registration of a political party has no effect on the victories that its candidates have obtained in the elections according to the principle of relative majority.
5. If a national political party loses its registration because it has not reached the minimum voting percentage in the last federal ordinary electoral process, it may choose to register as a local political party in the or the federal entities in whose previous immediate election has obtained at least three percent of the valid vote issued and has run its own candidates in at least half of the municipalities and districts, a condition with which it will be accredited the requirement of the minimum number of militants to be counted, established in the Article 10, paragraph 2 (c) of this Act.
1. The political party that loses its registration will be cancelled the same and will lose all the rights and prerogatives established by this Law or the respective local laws, as appropriate.
2. The cancellation or loss of the registration will extinguish the legal personality of the political party, but those who have been their leaders and candidates will have to fulfill the obligations imposed by this Law, up to the conclusion of the respective procedures and the liquidation of their assets.
From the Settlement of the Heritage of Political Parties
1. In accordance with the provisions of the last paragraph of Article 41 of the Constitution, the Institute shall have the necessary resources to be awarded to the Federation of the resources and assets of the national political parties. they lose their legal record; for this purpose they will be the following, and as determined by general rules the General Council of the Institute:
a) If of the computations the district councils of the Institute make it is clear that a national political party does not obtain the minimum percentage of votes Article 94 (1) (b) of this Law provides that the Commission of Taxation shall immediately appoint a financial controller responsible for direct control and supervision of the use and destination of the party's resources and assets. treat. The same shall apply in the event that the General Council of the Institute declares the loss of legal registration for any other cause of those established in this Law;
b) The appointment of the financial controller shall be immediately notified, through his representative to the General Council of the Institute, to the party of treat, in the absence of the notification, at the registered office of the party concerned, or in extreme case by stratum;
c) From your appointment the financial controller will have the widest powers for administrative and domain acts on the set of assets and assets of the political party that has not reached the minimum voting percentage referred to in paragraph (a) of this paragraph, so that all expenses incurred by the party must be expressly authorized by the financial controller. Movable and immovable property belonging to the heritage of the political party may not be taxed, taxed or donated.
d) Once the Executive General Board issues the legal registration loss declaratory referred to in Article 95 of this Act, or the Council General, in use of its powers, has declared and published in the Official Journal of the Federation its resolution on the cancellation of the legal registration of a national political party for any of the causes established in this Law, the financial controller designated must:
I. Issue notice of liquidation of the political party concerned, which shall be published in the Official Journal of the Federation in the case of a national political party or in the official gazette or newspaper of the federal entity; in the case of a local political party, for legal effects;
II. Determine labor, tax and supplier obligations or creditors, in charge of the political party in liquidation;
III. Determine the amount of resources or value of the goods that are likely to be used for the performance of the obligations;
IV. Order what is necessary to cover the obligations that the law determines in the protection and benefit of the workers of the political party in liquidation. This should cover the corresponding tax obligations; if available resources are available, other obligations that are incurred and duly documented with suppliers and creditors of the political party in liquidation will be met; by applying the laws in this field;
V. It shall form a report of the action which shall contain the balance of the remaining assets and resources after establishing the necessary forecasts for the purposes indicated above; the report shall be submitted to the approval of the electoral authority. Once the report has been approved with the balance sheet of the party concerned, the financial controller shall order the necessary requirements in order to cover the specific obligations, in the order of precedence referred to above;
VI. If the foregoing were carried out, the remaining assets or resources shall be awarded in full to the Treasury of the Federation in the case of a national political party, or to the treasury of the corresponding federal entity. in the case of a local political party, and
VII. At all times, the political party concerned must be guaranteed the exercise of the guarantees that the Constitution and the laws establish for these cases. The decisions of the national or local authority may be challenged Conditionally.
FIRST. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND. The matters that are in the process of entering into force will be resolved in accordance with the provisions in force at the time they began. The above, without prejudice to the implementation of the deadlines provided for in the transitional articles of this Decree.
THIRD. The Congress of the Union, the local Congresses and the Legislative Assembly of the Federal District, must adapt the legal/electoral framework, no later than June 30, 2014.
FOURTH. The Institute will dictate the provisions necessary to make the provisions of this Law effective, no later than June 30, 2014.
FIFTH. The political parties must adapt their basic documents and other internal regulations to the provisions of this Law and the other applicable legal provisions, no later than 30 September 2014.
SIXTH. The political parties which, at the entry into force of this Law, do not have any of the internal organs foreseen in this or other legal provisions, will have to modify their structure (a) organic and appoint the persons responsible for them, in order to comply with the relevant provisions by 30 September 2014 at the latest.
SEVENTH. The rights of political parties will be respected, in accordance with the Law.
EIGHTH. The requests of the political parties for the Institute to organize its internal elections, which have been submitted before the entry into force of this Decree, shall not be subject to the time limit set out in paragraph 2 (b) of the Article 45 of this Law. Applications submitted during the year 2014 shall be submitted for consideration by the Institute a month in advance.
NINTH. All provisions that are opposed to this Decree are repealed.
Mexico, D.F., on May 15, 2014.-Sen. Raul Cervantes Andrade, President.-Dip. José González Morfin, President.-Sen. Lilia Guadalupe Merodio Reza, Secretariat.-Dip. Angel Cedillo Hernandez, Secretary.-Headings."
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at twenty-two in May of two thousand fourteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.