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Rules Of The Federal Electoral Institute In The Field Of Institutional Propaganda And Electoral Public Servants Politician

Original Language Title: Reglamento del Instituto Federal Electoral en Materia de Propaganda Institucional y Político Electoral de Servidores Públicos

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FEDERAL ELECTORAL INSTITUTE

FEDERAL ELECTORAL INSTITUTE

AGREEMENT of the General Council of the Federal Electoral Institute, for which the Federal Electoral Institute's Rules of Procedure on Institutional and Political Elections of Public Servants are approved.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Federal Electoral Institute.-General Council.-CG38/2008.

AGREEMENT OF THE GENERAL COUNCIL OF THE FEDERAL ELECTORAL INSTITUTE APPROVING THE REGULATION OF THE FEDERAL ELECTORAL INSTITUTE IN THE FIELD OF INSTITUTIONAL AND POLITICAL ELECTORAL PROPAGANDA FROM PUBLIC SERVERS.

BACKGROUND

1.       On November 6, 1996, the head of the Federal Executive Branch sent to the Congress of the Union an initiative concerning the reform of the Federal Code of Electoral Institutions and Procedures, which proposed the suspension, 20 days before the election day, of the social communication campaigns in radio and television about the special actions of social support policies of the Federal Government.

2.       On March 25, 1997, the General Council of the Federal Electoral Institute approved the "Agreement of the General Council of the General Council for the understanding of acts that generate pressure or coercion to the electors, as well as other faults." administrative, at the express request of the representatives of political parties to the General Council. "

3.       On March 25, 1997, the General Council Agreement of the Federal Electoral Institute was approved for which the Federal, State and Municipal Governments were urged 30 days before the election and during the election day. suspend the advertising campaigns of all government programs and actions whose dissemination is not necessary or of public utility.

4.       On May 25, 2000, the President, the Electoral Advisers and the Executive Secretary of the Federal Electoral Institute, signed an invitation to the federal, state and Federal District governments to avoid advertising. on government works and programs, which was sent on the 30th of the same month and year.

5.       On June 10, 2003, the President, the Electoral Advisers and the Executive Secretary of the Institute, asked the heads of the federal and local governments to suspend the disclosure campaigns for the government, in order to avoid confusion with electoral campaigns.

6.       On June 25, 2003, the General Council of the Federal Electoral Institute approved the CG145/2003 Agreement, for which it asked the Federal Government to suspend the dissemination of campaigns related to the promotion of voting and participation. citizen.

7.       On November 10, 2005, the CG231/2005 agreement of the General Council of the Federal Electoral Institute was approved by which criteria were established for the political parties to assume the commitment to refrain from carrying out definitive any act or propaganda that was intended to promote in a manner prior to the formal start of the campaigns of the federal electoral process 2005-2006, to whom would be their candidates for President of the United Mexican States for this process. In the first and second points of agreement, it was established that in order to strengthen the value of equity, it became necessary that from 11 December 2005 to 18 January 2006, political parties should refrain from carrying out any act or propaganda. such as spectacular advertisements, bardas and other similar advertisements, the transmission of advertising messages or spots of any kind in the press, radio and television, or by any other electronic, printed or advertising medium, intended to promote any candidate nominated for the position of President of the Republic.

8.       On November 14, 2005, in the city of Torreon, Coahuila, the "pronouncement for the democratic civility of the National Conference of Governors (CONAGO) was signed to assist in the legality, transparency and fairness of the process." 2006 election. " In the celebration of the pact, the Federal Electoral Institute, the Special Prosecutor's Office for the Attention of Electoral Crimes and the Interior Secretariat, witnessed the federal pact signed by the presidents of the states of the Mexican Republic.

9.       In the Federation's Budget for Fiscal Year 2006, various rules were included regarding the management of public resources during the electoral process. In particular, Article 30 indicated that, during the 2006 federal electoral process, public agencies and agencies were prohibited: to identify themselves in the exercise of their functions with political parties and candidates; combat them with federal resources and, in particular, influence the decision of the voters through propaganda or identifiable actions with objectives other than the fulfillment of their function.

Also, Article 61, fifth paragraph of the legal order cited, indicated that the stationery, official documentation, as well as the advertising and promotion that they will acquire the dependencies and entities for programs, should include the following legend: " This program is of a public nature, is not sponsored nor promoted by political party and its resources come from the taxes paid by all taxpayers. The use of this program for electoral, profit, and other political purposes is prohibited. Those who misuse the resources of this program shall be denounced and punished in accordance with applicable law and with the competent authority. "

10.     On February 19, 2006, the General Council of the Federal Electoral Institute (CG39/2006) approved the agreement of the General Council of the Federal Electoral Institute, in which the rules of neutrality were issued to be attended by the President of the Republic, the Governors of the states, the Head of Government of the Federal District, the Municipal Presidents, the Chief Delegate in the Federal District and, where appropriate, the rest of the public servants during the federal electoral process 2006, published in the Official Journal of the Federation on 23 February 2006. The aforementioned document, in the points of agreement IV and V, established the abstention for its recipients to carry out, within the 40 calendar days prior to the election day and during the same, any type of publicity about programs of public works or social development, as well as campaigns to promote the personal image of the public server through inserts in press, radio, television or the Internet, as well as bardas, blankets, flyers, spectacular announcements or other similar.

11.     On April 5, 2006, the Superior Court of the Electoral Tribunal of the Judicial Branch of the Federation issued the judgment in the file identified with the number SUP-RAP-017/2006, in which it recognized that the General Council of the Federal Institute Electoral has implicit powers consistent with preventing and correcting the commission of unlawful conduct, as well as restoring the violated legal-electoral order, and explicit powers contemplated in the federal code, as long as it is only the scope of such powers which is interpreted in the light of the principles constitutional and legal, as well as legally assigned purposes to the Federal Electoral Institute.

This sentence states verbatim: " To hold an opposite interpretation of the electoral law (for example, to assert that the rules that establish They have a limited effect) would render the order dysfunctional, since it would deprive of its effects to the provisions that set the purposes of the Federal Electoral Institute, would cause to lose to the constitutional principles in strict sense their regulatory status by converting them into programmatic rules or mere rhetorical declarations in the pejorative sense and, consequently, the normative character of the federal Constitution would be avoided. "

12.     On May 7, 2006, the President and the eight Electoral Advisers of the Federal Electoral Institute sent the then President of the Republic, C. Vicente Fox Quesada, the office PC/160/06 reminding him that the Agreement of Neutrality It stated that, from 23 May of that year, it should refrain from carrying out any advertising campaign of public works or social development programmes, with the exceptions provided for in the document itself. Likewise, in that communication the Federal Electoral Institute reiterated the ban on: a) Attend in business days to any event or public event, tour, rally, party, coalition or campaign, of the candidates and candidates for federal popular elections; b) Conduct any act or campaign that aims to promotion of voting; and c) Emitir through any speech or media, publicity or expressions of promotion or propaganda in favor of a political party, coalition or of its aspirants and candidates for positions of popular choice in the electoral process federal, 2006, including the use of symbols and distinctive messages linking to a political party, coalition or candidate. Finally, he was asked to adopt a neutral attitude regarding the candidates ' campaigns in the electoral race, both in his public statements and in the actions of his government in order to guarantee, in the July 2 elections 2006, a free, authentic and effective suffrage for all Mexicans.

13.     On May 7, 2006, the President of the Federal Electoral Institute sent to the 31 Governors of the States and to the Head of Government of the Federal District, the PC/161/06 trade with a content similar to the one mentioned in the previous point. As of that date, the 32 Executive Vocals of the Federal Electoral Institute sent the Municipal Presidents from all over the country and the Federal District's Delegation Chiefs, a trade on the same terms.

14.     By Decree published in the Official Journal of the Federation, on November 13, 2007, among others, Articles 41 and 134 of the Political Constitution of the United Mexican States were reformed, in the latter's paragraphs. the end of the propaganda, under any form of social communication, that spread as such, the public authorities, the autonomous organs, the agencies and entities of the public administration and any other entity of the three orders of government, must be of an institutional and informative nature, educational or social orientation, which in no case will this propaganda include names, images, voices or symbols that imply the personalized promotion of any public servant, and that the laws, in their respective fields of application, will guarantee the strict compliance with the provisions of the previous two paragraphs, including the regime of sanctions to be followed.

Regarding the additions to Article 134 Constitutional, the statement of reasons for the Decree on appointment states the following:

" ...

On the other hand, the second paragraph is intended to put an end to the improper practice of public servants using official propaganda, whatever the means to broadcast them, paid with public resources or using the time that the State has on radio and television, for personal promotion. To do this, it is established that such propaganda will not be able to include names, images, or symbols that imply personalized promotion of any public server.

In the third paragraph, the basis for determining penalties for those who violate the above rules is established.

These United Commissions fully share the meaning and purposes of the Collegiate Association, so they support the additions to Article 134 in the commentary. The impartiality of all public servants with regard to political parties and their electoral campaigns must be based on the solid foundation of our Constitution so that the Congress of the Union will determine in the laws the sanctions to which the violators of these rules will be subject to. "

15.     By Decree published in the Official Journal of the Federation on 13 November 2007, Articles 6, 41, 85, 99, 108, 116 and 122 were reformed; Article 134 is added and Article 97 of the Political Constitution is repealed. which came into effect the next day.

16.     On 14 January 2008, the Decree for the Federal Code of Electoral Institutions and Procedures, which entered into force the following day, was published in the Official Journal of the Federation

CONSIDERING

1.       That Article 41, base V of the Political Constitution of the United Mexican States, provides that the Federal Electoral Institute is an authority in the matter, independent in its decisions and functioning and professional in its performance, and that has the privileges that the law establishes.

2.       That Article 134, the seventh paragraph of the Political Constitution of the United Mexican States, provides that propaganda, under any form of social communication, spreading as such, the public authorities, the autonomous organs, the agencies and entities of the public administration and any other entity of the three government orders, must have institutional and informational, educational or social orientation purposes. In no case this propaganda will include names, images, voices or symbols that involve personalized promotion of any public servant.

It also determines that the laws, in their respective fields of application, will ensure strict compliance with the provisions of the previous two paragraphs, including the system of penalties to be imposed.

3.       That article 128 of the Constitution establishes that every public official, without any exception, before taking possession of his order, will make the protest of keeping the Constitution and the laws that emanate from it.

4.       That the statement of reasons for the decree approving the constitutional reform in the electoral field, referred to in the antecedent number 1 of this agreement, states:

" ...

The third objective pursued with the proposed constitutional reform is of prominent importance: prevent actors from outside the electoral process from having an impact on the electoral campaigns and their results through the media; as well as raising to the rank of constitutional norm the regulations to which government propaganda must be subjected, of all kinds, both during the electoral campaigns and in non-electoral periods.

... In Mexico it is urgent to harmonize, with a new scheme, the relations between politics and the media; to achieve this, it is necessary that the public authorities, in all orders, observe in all times a conduct of impartiality with respect to to electoral competence.

The individual guarantees that our Constitution recognizes and enshrines are for the people, not for the authorities; they cannot invoke as justification or defense of its acts such principles. Freedom of expression is an individual guarantee to the state; the public authorities are not protected by the Constitution; it is the people, the citizens, who the Constitution protects against possible abuses of public power.

That is why proposes to bring to the text of our Magna Carta the rules that prevent the use of public power for or against any political party or candidate in charge of popular choice, and also the use of the same power to promote personal ambitions of a political nature.

The third generation of electoral reforms must respond to the two major problems facing Mexican democracy: money; and the use and abuse of communication.

...

5.       That of the article 134 constitutional, as well as the ratio essendi of the same norm, is inferred as a legal duty for all public servant of the Federation, the states and municipalities, the Federal District and the organs self-employed, managing and exercising, at all times, with efficiency, effectiveness, honesty and impartiality of public resources, so they will not be able to make use of government propaganda to influence the fairness of the competition between the parties policy or to promote personal ambitions of a political nature.

6.       According to the provisions of Article 2, paragraph 1 of the Federal Code of Electoral Institutions and Procedures, for the performance of the functions of the federal organ, the electoral authorities established by the Constitution and the The Code itself will have the support and collaboration of federal, state and municipal authorities.

7.       That, in the light of the public order and the general interest that the electoral norms safeguard, the various authorities will assume, in the field of their powers and without prejudice to the intervention that the Federal Electoral Institute could reach have, the competence that corresponds to them in the attention of the denunciations that they receive in order to carry out behaviors that involve personalized promotion of public servants through the institutional campaigns.

In that regard, the offences committed by one of the subjects of political or criminal liability referred to in Articles 110 and 111 of the Constitution The United Mexican States, shall be known to the H. Congress of the Union or local legislatures, in accordance with applicable law.

As far as the rest of the public servants are concerned, the competent authority, as the case may be, shall proceed in accordance with the legislation applicable to the responsibilities to which there would be.

8.       In accordance with Article 2, paragraph 4 of the Federal Code of Electoral Institutions and Procedures, the Institute shall have the necessary to ensure compliance with the rules set out in paragraphs 1, 2 and 3 of this Code. legal precept, as well as those contained in the same order.

9.       In accordance with the provisions of Article 3, paragraphs 1 and 2 of the aforementioned Code, the Federal Electoral Institute is empowered to apply and interpret the legal provisions in the field of its jurisdiction.

10.     That Article 52, paragraph 1 of the Federal Code of Electoral Institutions and Procedures, provides that the General Council, on a reasoned and substantiated proposal from the Complaints and Complaints Commission, may order the immediate suspension of any political or electoral propaganda on radio or television which is in violation of that system, without prejudice to other penalties to be applied to offenders.

11.     That Article 109 of the Federal Code of Electoral Institutions and Procedures states that the General Council is the top management body, which is responsible for monitoring compliance with constitutional and legal provisions in the field. The Institute of the Electoral Institute of the European Commission

the European Commission of the European

12.     That Article 118 (1) (a), (h), (w) and (z) of the Code of the Code gives the General Council the power to ensure that the activities of the national political parties are carried out in accordance with the code itself and fulfil their obligations. to which they are subject; to know about the infringements and, where appropriate, to impose the penalties that they correspond, as well as to make the necessary arrangements to make their privileges effective.

13.     That Article 228, paragraph 5 of the electoral code, provides that for the purposes of the provisions of the seventh paragraph of Article 134 of the Constitution, the annual report of the work or management of the public servants, as well as the messages that to make them known are spread in the social media, they will not be considered as propaganda, provided that the diffusion is limited to once a year in stations and channels with regional coverage corresponding to the field the geographical responsibility of the public servant and does not exceed the previous seven days and five after the date on which the report is given. In no case shall the dissemination of such reports be for electoral purposes, nor shall it be carried out within the electoral campaign period.

14.     That the legal procedure for cases of electoral violations is contained in the Seventh Book of the Federal Code of Electoral Institutions and Procedures.

15.     Under the terms of Article 341 (1) (a), (c), (d) and (f) of the code of the matter, they are liable for offences committed to the electoral provisions contained therein, the political parties; candidates, candidates and candidates for positions of popular choice; citizens, or any natural or moral person, as well as the authorities or public servants of any of the Powers of the Union; of the local authorities; organs of municipal government; governing bodies of the Federal District; autonomous bodies, and any other public entity.

16.     That article 344, paragraph 1, point (a) of the code of the matter, states that they constitute infractions of the aspirants, precandidates or candidates to positions of popular choice, the realization of precampaign or campaign precampaign, according to be the case.

17.     That article 345, paragraph 1, point (b) of the federal code establishes that they constitute infractions of the citizens, of the leaders and members of political parties, or in their case of any natural or moral person, to hire propaganda on radio and television, both on national and foreign territory, aimed at personal promotion for political or electoral purposes, to influence the electoral preferences of citizens, or for or against political or political parties. candidates for popular choice charges;

18.     That Article 347 (1) (b) (c) and (d) of the electoral code provides that they constitute infringements by the public authorities or servants, as the case may be, of any of the Powers of the Union; of the Local Authorities; Municipal government bodies; governing bodies of the Federal District; autonomous bodies and any other public body, The dissemination, by any means, of governmental propaganda within the period it comprises since the beginning of the campaigns electoral day up to and including election day, with the exception of information on education and health services, or the need for civil protection in cases of emergency; failure to comply with the principle of impartiality established by Article 134 of the Constitution, where such conduct affects the fairness of the competition between political parties, among candidates, candidates or candidates during electoral processes, as well as non-compliance with any of the provisions contained therein.

19.     That Article 354 (1) (a), (c) and (d) of the code referred to in Article 354 (1) provides for penalties which may be imposed on political parties; applicants, pre-candidates or candidates for posts of popular choice; and citizens for the misuse of the political or electoral propaganda.

20.     That Article 355, paragraph 1, in relation to Diverse 2, paragraphs 1 and 4 of the Federal Code of Electoral Institutions and Procedures, states that when federal, state or municipal authorities fail to comply with the mandates of the the electoral authority or they do not provide the assistance and collaboration required to them shall be forwarded to the respective file to their hierarchical superior to determine the measures to be taken.

21.     That in terms of article 365, paragraph 4 of the Federal Code of Electoral Institutions and Procedures, in an ordinary sanctioning procedure, precautionary measures can be dictated with the aim of achieving in order to achieve the cessation of the acts or acts constituting the infringement, preventing the production of irreparable damage, the affectation of the principles governing the electoral processes, or the violation of the legal goods protected by the provisions contained in that Code.

22.     That article 365, paragraph 6 of the Federal Code of Electoral Institutions and Procedures, establishes the faculty of the executive members of the Institute's de-concentrated organs to carry out investigations, responsible for the due exercise of the inquiry function.

23.     That article 367 of the code of the matter establishes that within the electoral processes, the Secretariat of the General Council shall instruct the special procedure established by this chapter, when the commission of conduct is denounced which: violate the provisions of Article 41, Base III or the seventh paragraph of Article 134 of the Constitution; contravene the rules on political or electoral propaganda established for political parties in this Code; or pre-campaign or campaign advance events.

24.     Article 368 of the federal electoral code provides for the possibility of taking precautionary measures within the special sanctioning procedure.

25.     That the judicial precedent issued in the file identified with the number SUP-RAP-42/99 shows that the General Council of the Federal Electoral Institute constitutes a collegiate body, whose functions are provided for in the constitution. and in the electoral laws. Therefore, their agreements and resolutions are true legal acts, that is to say demonstrations of will to produce consequences for the law. As a result, legal situations are created, modified or extinguished by virtue of those acts. Such acts are translated, for example in the issuance of a regulation, the determination of the amount of a financing, the imposition of a sanction, among others.

26.     That the thesis S3EL 120/2001 issued by the Superior Room of the Electoral Tribunal of the Judicial Branch of the Federation under the rubric " LEYES. THEY CONTAIN COMMON HYPOTHESES, NOT EXTRAORDINARY ", it is noted that in the face of the emergence of extraordinary situations not foreseen by the law, it is necessary to contemplate the normativity in what is required, always attending to the fundamental questions which are contained in the positive legal system, in addition to always maintaining respect for the guiding principles of the matter, applied in such a way as to safeguard the purpose of the electoral acts and respect the rights and prerogatives of the the governed, within the prevailing real conditions and with the arrangements which will impose the particular needs of the situation. It is therefore appropriate for the competent authority to seek and establish solutions to cases not specifically provided for in the law, respecting the principles stated in the thesis.

27.     That the judicial precedent issued in the file identified with the number SUP-RAP-48/2000, is warned that the General Council of the Federal Electoral Institute has the generic power to issue regulations, in order to be effective its powers, since the federal electoral law gives you the power to perform the regulatory function.

28.     That the judicial precedent issued in the file identified under the number SUP-RAP-046/2002 is established that the General Council is the top management body responsible for monitoring compliance with the constitutional and The law of the Federal Electoral Institute, as well as revealing the principles of certainty, legality, independence, impartiality and objectivity, will guide all the activities of the Federal Electoral Institute. the agreements indispensable to be effective those that assist you, among which find, the regulatory authority. That the XVII/2007 thesis issued by the Superior Court of the Electoral Tribunal of the Judicial Branch of the Federation, under the rubric " EXPLICIT AND IMPLICIT POWERS OF THE GENERAL COUNCIL, MUST BE AIMED AT FULFILLING THE PURPOSES FOR WHICH IT WAS "THE FEDERAL ELECTORAL INSTITUTE" is warned that the General Council of the Federal Electoral Institute, as the highest governing body and in charge of the electoral function of organizing the elections, has a series of express powers that allows you, on the one hand, to remedy and investigate effectively and immediately, any irregular situation which may affect the electoral contest and its results, or which have endangered the values which the electoral rules protect; and, on the other hand, assure the citizens of the exercise of electoral political rights, ensure the regular and peaceful holding of elections, and in a general manner, ensure that all acts in the electoral field are subject to constitutionally protected principles, values and assets. However, it may be the case that the aforementioned explicit powers of the General Council, in practice, may be dysfunctional, since the existence is not recognized and certain implicit powers are not exercised. are necessary to make them effective. For this reason, the exercise of both explicit and implicit powers granted to the General Council must be aimed at fulfilling the purposes for which the Federal Electoral Institute was created. Otherwise, such privileges would become ineffective and would hardly be achieved by the institutional ends provided for in the Political Constitution of the United Mexican States, and in the Federal Code of Institutions and Procedures. Election.

29.     That the article Ninth Transitional of the Decree that promulgates the Federal Code of Electoral Institutions and Procedures, provides that the General Council will dictate the necessary agreements to make the provisions of the aforementioned code effective.

30.     That of the judicial precedents issued in the files identified with the numbers SUP-RAP-017/2006 and SUP-RAP-34/2006, it appears that the Federal Electoral Institute has implicit faculties consistent in preventing and correcting the Commission of unlawful conduct, as well as to restore the legal-electoral order violated, and explicit powers contemplated in the federal code, while it is only the scope of such attributions that is interpreted in the light of the constitutional and legal principles, as well as legally assigned purposes to the Federal Electoral Institute.

31.     That in this sense, in the sentence identified with the case number SUP-RAP-017/2006, it is stated verbatim: " To hold an opposite interpretation of the electoral legal order (for example, to affirm that the norms that establish institutional purposes have a limited effect) would render the order dysfunctional, since it would deprive of its effects to the provisions that set the purposes of the Federal Electoral Institute, would cause to lose to the constitutional principles in meaning strict their normative status by converting them into programmatic or mere standards Rhetorical statements in a pejorative sense and, consequently, would be circumvented the normative character of the federal Constitution. "

32.     That by virtue of the fact that the adjustments to the secondary legislation, derived from the constitutional reform, have not been issued in its entirety, specifically as regards the subject of the use of the propaganda by the public servants in non-electoral times, it is necessary to determine the faculties of this Institute in the field in order to strengthen the principle of certainty and the values of equity and transparency in the political competition.

33.     Since the propaganda of the public servants derived from the activities inherent in their function can be generated at any moment, it is not possible to admit that their regulation is limited only to the period of the electoral process, since the The plurality of subjects and times involved, their emission tends to cause effects that are not optimal for the consolidation of the principle of certainty, nor for the values of equity and transparency that must characterize democratic life.

34.     That one of the fundamental aims of the electoral regulation is to generate in a permanent way conditions of fairness and impartiality in the elections through specific restrictions, such as the personal promotion of public servants, any of the Powers of the Union; of the local authorities; autonomous bodies and any other public entity, through institutional propaganda, for this reason it is up to the Federal Electoral Institute to ensure on a permanent basis for its due compliance and, where appropriate, sanction their failure to comply.

35.     It is necessary to determine the scope of the concepts of electoral political propaganda and institutional propaganda.

36.     That the articles which are regulated in the instrument identified as a single annex and referred to in the first article of that order will mainly address the conduct of public servants in the field of propaganda and Only other subjects shall be considered, when they participate in the conduct that they are accused of in secondary form, with the sole purpose of indicating their connection with the current electoral law and their possible responsibility under that law.

37.     Taking into consideration that the constitutional and legal changes in electoral matters represent one of the highest expectations of the general interest in the achievement of the principles of the democratic state and under which the immediate events following the entry into force of those rules, require the prompt and immediate intervention of all the authorities in the light of the materialised intentions of the legislator, the General Council of the Federal Electoral Institute, which is based on the provisions of Articles 41, Base V; 128; 134, seventh paragraph of the Political Constitution of the United Mexican States; 2, paragraphs 1 and 4; 3, paragraphs 1 and 2; 109; 118, paragraph 1, points (h), (w) and (z); 228, paragraph 5; 341, paragraph 1, points (a), (c), (d) and (f); (c) and (d); 355, paragraph 1 and Ninth Transitional of the Federal Code of Electoral Institutions and Procedures, the following:

AGREEMENT

FIRST.- In order to regulate the provisions of the Federal Code of Electoral Institutions or Procedures in the field of institutional and political electoral propaganda public servants, the regulation contained in the single Annex which integrates this Agreement is adopted.

SECOND.- For compliance with the aforementioned Regulation, the Federal Electoral Institute will have the support and collaboration of federal, state and municipal authorities.

THIRD.- The Institute's de-concentrated organs are instructed to verify, within the territorial scope of their jurisdiction, compliance with this Agreement and its Rules of Procedure. on the part of the public servers.

In the event that as a result of the verification propaganda is detected contrary to the provisions of the Constitution and the electoral code, the vowels will have to put up a record in the the circumstances of time, mode and place are specified, accompanied by technical evidence supporting it and shall send the documentation to the Council Secretariat for examination and determine, where appropriate, the initiation of the procedure; corresponding sanctioning administrative.

At each ordinary session held by the General Council after the entry into force of this Agreement, the Secretary of the Council shall report to its members on the result of those verifications.

FOURTH.- The partial or total validity of the Regulation covered by this Agreement shall be subject to the adjustments that the Congress of the Union makes to the legal systems. in accordance with the constitutional reform published in the Official Journal of the Federation on 13 November 2007.

QUINTO.- This Agreement shall enter into force on the day following that of its publication in the Official Journal of the Federation.

SIXTH.- The Secretary of the General Council is instructed to publish this Agreement in the Official Journal of the Federation.

This Agreement was approved in an extraordinary session of the General Council held on March 12, two thousand eight.-The President of the General Council, Leonardo Valdés Zurita.-Heading.-The Secretary of the General Council, Manuel López Bernal.-Heading.

FEDERAL ELECTORAL INSTITUTE REGULATION ON INSTITUTIONAL AND POLITICAL-ELECTORAL PROPAGANDA OF PUBLIC SERVANTS.

ARTICLE 1.- This normative instrument regulates the following articles of the Federal Code of Electoral Institutions and Procedures:

(a) Article 52, with respect to the powers of the General Council so that, on the basis of a proposal from the Commission on Complaints and Complaints, prior to the fulfilment of the requirements set out in the Book Seventh, order the immediate suspension of any political or electoral propaganda, on radio or television that is violative;

(b) Article 228, paragraph 5, in relation to the submission of annual reports of work or management in any social media, by public servants federal, state, municipalities, Federal District and their delegations;

(c) Article 344 (1) (a) in respect of applicants, pre-candidates or candidates who engage in pre-campaign or campaign advance acts;

(d) Article 345 (1) (b) in respect of the hiring of radio and television propaganda for the purposes of personal promotion for political or electoral purposes, or for influence the preferences of citizens for or against political parties or candidates for positions of popular choice, on the part of citizens, leaders, members of political parties or, where appropriate, any natural person or moral;

(e) Article 347, paragraph 1, points (b), (c) and (d), arising from violations of authorities or public servants of the federal authorities; of the local authorities; of the organs of the District Federal or its delegations; of the autonomous organs; or of any other public entity, as a consequence of the dissemination by any means of social communication of institutional or personal propaganda, from the beginning of the campaigns to the day For failure to comply with the principle of impartiality established in Article 134 of the Constitution, when such conduct affects the fairness of the competition between political parties, aspirants, pre-candidates or candidates during electoral processes; or by the dissemination of propaganda during the process In any form of social communication, which contravenes the provisions of the seventh paragraph of Article 134 of the Constitution;

(f) Article 354 (1) (a) and (d) in respect of infringements of political parties; citizens, leaders of political parties or of any natural or moral person; the misuse of political or electoral propaganda;

(g) Article 355 (1) (a), (b) and (c), in the event that the federal, state or municipal authorities fail to comply with the mandates of the electoral authority or do not provide the assistance and collaboration required by the Federal Electoral Institute bodies;

(h) Article 365, to initiate the ordinary sanctioning procedure for the improper dissemination of political or electoral propaganda and, where appropriate, for the application of the precautionary measures to the ones that are in place;

(i) Article 367, in order to initiate the special sanctioning procedure within the electoral processes for acts that violate the provisions of Article 41 of the Constitution or Article 41 of the Constitution; the seventh paragraph of Article 134 of the Constitution itself; in contravention of rules on the dissemination of political or electoral propaganda; and for advance campaign or pre-campaign events;

(j) Article 368, paragraph 8, for the application, where appropriate, of the precautionary measures to be taken for violations of the rules on political or electoral propaganda during the proceedings election; and

article 371, with respect to the participation of local and district boards and councils, during the electoral process, when the complaints have as their motive the commission of conduct referring to the physical location or the content of the printed political or electoral propaganda, of that painted on deck, or of any other other than that transmitted by radio or television, as well as when they relate to pre-campaign or pre-campaign events campaign in which the offending conduct is related to this type of propaganda.

Article 2.- It will be considered political-electoral propaganda contrary to the law, that contracted with public resources, disseminated by federal, local institutions and public authorities, municipal or Federal District, autonomous organs, any public entity of the three government orders or their public servants; through radio, television, press, blankets, bardas, spectacular announcements, flyers or other similar means, which contain any of the following:

a) The name, the photograph, the silhouette, the image, the voice of a public servant or the allusion in the propaganda of symbols, slogans or phrases that in a systematic and repetitive way lead to relate directly to it;

b) The expressions "vote", "vote", "vote", "vote", "vote", "elections", "election", "choose", "electoral process" and any other similar linked to the different stages of the process election.

c) The dissemination of messages to obtain the vote in favor of some public servant, of some third party or of some political party, aspirant, precandidate or candidate;

d) The mention that a public server aspires to be a precandidate;

e) The mention that some public server aspires to a popular choice position or to which a third party aspires;

(f) The mention of any date of electoral process, be it of organization, pre-campaign, campaign, election or computer days and qualification, or other similar;

g) Other types of content that tend to promote the personal image of some public server; and

h) Any other similar message aimed at influencing the electoral preferences of citizens, for or against candidates, candidates, candidates or political parties.

Article 3.- It will be institutional propaganda that the public authorities and governing bodies at the federal, local or municipal level, as well as those of the Federal District and its delegations; the autonomous bodies; or any other public entity of the three government orders, carry out out of the period from the beginning of the campaigns to the day of the Electoral Day, which is informative, educational or social orientation, the content of which is limit to identifying the name of the institution concerned without phrases, images, voices, symbols or any other allusion referred to in Article 2 of this Regulation which may be classified as political propaganda for promotion purposes personal, or as political-electoral propaganda.

Article 4.- The use of public entities, political parties, and public servants to make Internet portals, with the photograph and name of the Internet, will have an institutional character. servers for information purposes, for communication with citizens or for accountability, as long as they are not used in any of the cases referred to in Article 2 (b) to (h) of this Regulation.

Article 5.- The dissemination of messages for the release of work reports or the management of public servants shall not be deemed to be in violation of Article 2 of this Regulation, provided that it complies with the limits set out in Article 228, paragraph 5 of the Federal Code of Electoral Institutions and Procedures.

Article 6.- With independence from the beginning or not of any sanctioning procedure for violation of electoral order provisions, the Federal Electoral Institute will analyze and determine in each case, whether it is appropriate to give notice or to file a complaint with the competent authorities, where it has knowledge of possible offences or misconduct in the field of political or administrative responsibilities.

Likewise, the Federal Electoral Institute may give a view to the political party that corresponds so that, where appropriate, the party's responsibilities will be dislocated.

Article 7.- Outside the electoral processes, the Federal Electoral Institute will know of the violations contained in Article 2 of this Regulation through the procedure regular sanctioning of the Federal Code of Electoral Institutions and Procedures, and the following procedure shall be observed in any case:

(a) Upon receipt of the complaint or complaint, the Secretary of the Council, after examination of the complaint or complaint, shall integrate a file which shall be forwarded to the competent authorities with all the elements with which it counts, so that the administrative, political or criminal responsibilities to which it takes place are terminated.

b) If the Secretariat values that precautionary measures should be issued, it will propose it to the Complaints and Complaints Commission to resolve the issue within the time limit set by the law.

c) Furthermore, the Institute prior to the substantiation of the administrative penalty procedure shall define the possible liability of any political party or special party in the referred to in this Article and shall apply, where appropriate, the penalties applicable.

d) Where during the substantiation of an investigation the probable participation of any political party is noted, it shall be carried out in accordance with the provisions of Article 363, paragraph 4 of the code of the matter.

Article 8.- In addition to the procedural acts referred to in Article 7 (a) to (d) of this Regulation, the General Council shall, where appropriate, determine in respect of all paragraphs of Article 2 of this order, concerning the configuration of precampaign or campaign advance acts, carried out by themselves, or by person, paid with private or public resources, or agreed with social media, with the consequences of the case consisting of public admonition, fine or, including the refusal to register as a candidate for the applicant who has violated the regulatory provisions that are regulated.

Article 9.- During the electoral process, the Federal Electoral Institute will be aware of issues contrary to this Regulation through the special sanctioning procedure, with the possible application of the precautionary measures referred to in Article 368 of the Federal Code of Electoral Institutions and Procedures, without prejudice to the views that may be carried out for alleged administrative, criminal or political responsibility of the server itself. In addition, the General Secretariat shall proceed in accordance with Article 371, paragraph 2 of the Code of Matter, in order to ensure that the cases covered by this Regulation are resolved by the General Council.

Article 10.- What is not provided for in this Regulation shall be resolved by the General Council of the Federal Electoral Institute in accordance with federal electoral law. in effect.

PARTICULAR VOTE BY THE ELECTORAL ADVISER MARCO ANTONIO GOMEZ ALCANTAR IN CONNECTION WITH THE AGREEMENT OF THE GENERAL COUNCIL OF THE FEDERAL ELECTORAL INSTITUTE REGULATION OF THE FEDERAL ELECTORAL INSTITUTE IN THE FIELD OF INSTITUTIONAL AND POLITICAL PROPAGANDA OF PUBLIC SERVANTS.

With due respect and with the recognition of the professionalism of the Electoral Advisers that make up the General Council of the Federal Electoral Institute and based on the provisions of the Articles 41, base V, second and third paragraphs of the Political Constitution of the United Mexican States, 108, 109, 110, first paragraph, and 113 second paragraph of the Federal Code of Electoral Institutions and Procedures, and 14, fractions b), (c), (d) and (t) of the Rules of Procedure of the Federal Electoral Institute, allow me to anticipate the sense of my vote, which will be AGAINST of the Agreement approving the Federal Electoral Institute's Rules of Institutional Propaganda and Electoral Policy of Public Servantsfor the reasons which I then expose:

CONSIDERING

FIRST.- As noted in the proposal of this writing, the sense of my vote is AGAINST of the Agreement which is put into consideration by the General Council, proposes to issue a regulation on the institutional propaganda of public servants, in line with Article 134, paragraph 7 of the Federal Constitution, which provides:

" The propaganda, under any form of social communication, spreading as such, the public authorities, the autonomous bodies, agencies and entities of the public administration and any other entity of the three government orders, must have an institutional and informational, educational or social orientation purpose. In no case will this propaganda include names, images, voices, or symbols that involve personalized promotion from any public server. "

From the reading of this normative provision, it follows: First, that the propaganda of social communication, regardless of the modality that magazine and that is transmitted by any public entity, whether from the Federation, the States or the municipalities, must be endowed with an institutional character, have information, educational or social orientation purposes and in no case, include names, images, voices or symbols that involve the custom promotion of any server public.

In the Agreement that we are dealing with, the second article of the Rules of Procedure states the following:

" It will be considered political-electoral propaganda contrary to the law, that hired with public resources, disseminated by federal, local institutions and public authorities, municipal or Federal District, autonomous organs, any public entity of the three government orders or their public servants; through radio, television, press, blankets, bardas, spectacular announcements, flyers or other similar means, which contain any of the following items ... "

From the analysis of this standard, it is understood that the electoral authority distinguishes the origin of the resources used to carry out the dissemination of political-electoral propaganda. involves the custom promotion of a public server.

That is, it distinguishes between whether the resources that were used for that purpose, are of public or private origin. And based on this, it states that only in the event that public resources are used to broadcast social communication propaganda that personally benefits a public servant, a violation will be updated to the Institute's Rules of Procedure. Federal Electoral in Matter of Institutional and Political Propaganda of Public Servants and consequently, Article 134, paragraph 7 of the Political Constitution of the United Mexican States.

In my opinion, this distinction is incorrect and illegal and its approval in the Agreement that it occupies, could even generate a responsibility to the Electoral Advisers who approve it. The above, since it constitutes a breach of an obligation under the Federal Constitution, as I will explain below.

SECOND.- In effect as I pointed out in the previous paragraph, Article 134, the seventh constitutional paragraph orders that any type of social communication propaganda, irrespective of the origin of the resources with which it is carried out, it complies with three essential requirements: (a) Having an institutional character, (b) for information, education or social guidance purposes and (c) Not involving promotion custom from no public server.

However, the Agreement presented to us, states that only the propaganda of social communication that has its origin in public resources, must comply with these requirements.

Then, if private resources are used to broadcast social communication propaganda, it might not have an institutional, informational, educational or orientation character. social and might include names, images, voices, or symbols that will involve the custom promotion of a public server.

Such an interpretation, is a violation of the principle of legality, under the following argument:

The regulatory authority of the Federal Electoral Institute provided for in Article 118 (a) and (z) of the COFIPE is subject to two limits: the principle of the reserve of law and the principle of hierarchical subordination. The first means that the Constitution expressly reserves to the law the regulation of a certain matter. In other words, this matter cannot be regulated by any other instrument other than the law. On the other hand, the second means that the rules contained in a regulation cannot alter the rules laid down in the law. In other words, the regulation cannot exceed the assumptions provided for in the law.

In this sense, the case law is pronounced REGULATORY FACULTY. ITS LIMITS issued by the Supreme Court of Justice of the Nation. [1]

In the present case, the article .... of the Regulation that is put to our consideration, carries out a distinction that is not provided for in Article 134, paragraph 7 of the Constitution Federal. Therefore, violent the principle of reserve of law and hierarchical subordination, under this logic, implies an excess of the regulatory faculty of the Federal Electoral Institute.

As it overruns its regulatory authority, the administrative authority violates the principle of legality. Which, in terms of the provisions of Articles 41, base V, first paragraph of the Constitution and 109 of the COFIPE is a guiding principle of the electoral function.

THIRD.- In addition to the above, the Opinion of the United Commissions of Constitutional and Government Points with Draft Decree Reform of Articles 6, 41, 85, 99, 108, 116 and 122; in addition to Article 134 and a paragraph to Article 97 of the Political Constitution of the United Mexican States is repealed points out in the considerations relating to Article 134 of the Constitution, the following:

" The three paragraphs that the Minute under opinion proposes to add in this constitutional article are, in the opinion of the United Commissions, of the greatest importance for the new model of electoral competition that is intended to be established in Mexico.

On the one hand, it establishes the obligation of every public servant to apply impartially the resources that are under his responsibility, without influencing the fairness of competition between political parties. The rule will allow more and better controls to be established for that purpose, as well as the penalties applicable to those who violate it.

On the other hand, the second paragraph is intended to end the improper practice of which servers public use of official propaganda, whatever the medium for its dissemination, paid for with public resources or using the times that the State has in radio and television, for personal promotion. To do this, it is established that such propaganda will not be able to include names, images, voices, or symbols that involve personalized promotion of any public server

In the third paragraph, the basis for the determination of the sanctions against those who violate the rules is established flagged.

These United Commissions fully share the meaning and purposes of the Collegiate Bar, so they support the additions to Article 134 in comment. The impartiality of all public servants with respect to political parties and their electoral campaigns must have the solid foundation of our Constitution so that the Congress of the Union will determine in the laws sanctions against that the violators of these rules will be subject ".

The three paragraphs referred to in the opinion in the above section were finally drawn up as the sixth, seventh and eighth paragraphs of Article 134 of the Constitution. to the letter has:

" The public servants of the Federation, the States and the municipalities, as well as the Federal District and its They have at all times the obligation to apply with impartiality the public resources that are under their responsibility, without influencing the fairness of the competition between the political parties.

The propaganda, under any form of social communication, that spread as such, the public authorities, the autonomous bodies, agencies and entities of the public administration and any other entity of the three government orders, must have an institutional and informational, educational or social orientation purpose. In no case will this propaganda include names, images, voices, or symbols that involve personalized promotion from any public server.

The laws, in their respective fields of application, will ensure strict compliance with the provisions of the two paragraphs above, including the sanctions regime to be in place ".

By means of a systematic and functional interpretation of these two texts, it is concluded that in the case of the sixth paragraph of Article 134 the will of the legislator was to oblige all public servants to apply with impartiality public resources under their responsibility, thus avoiding the diversion of public resources, such as violation of the principle of fairness in electoral contests.

On the other hand, in the case of the seventh paragraph, the legislator's will was to prevent all public entities from using social communication propaganda to promote personally to a public servant. Hence, the rule expressly states that in no case will include names, images, voices, or custom promotion symbols.

It can be appreciated, that at no point was it pointed out in the opinion, the possibility that public servants will use private resources to spread propaganda that will involve their promotion custom, maxime, that it is emphasized that this will not happen "in any case".

That is, that the legislator did not carry out the distinction that is intended to be made in the second article of the Regulation that is put to our consideration. Then, it is confirmed that this distinction is incorrect and lacks foundation and motivation.

In addition, it should be considered that according to the previously transcribed opinion, the purpose of the constitutional reforms carried out by the legislator was the impartiality of the of all public servants with respect to political parties and their electoral campaigns.

If the interpretation proposed by the Rules of Procedure in your second article is applied and under that logic, the public servants would be allowed to spread electoral propaganda that It will imply its personalized promotion, it is obvious that this objective will be transgressed, since there would be no impartiality on the part of the public servants in relation to the electoral campaigns.

In addition, Article 134 of the Constitution finds its regulation, for the term of the electoral campaign in Article 347 of the COFIPE.

On the contrary, the principle of fairness in the race, which has been described by the Electoral Tribunal of the Judicial Branch of the Federation as an indispensable element, would be violated. of the electoral processes.

Thus, for example, according to the relevant thesis entitled SUSPENSION OF ADVERTISING OF GOVERNMENT PROGRAMS AND ACTIONS DURING THE THIRTY DAYS PRIOR TO THE ELECTION DAY. IT COMPRISES THE UNJUSTIFIED DELIVERY OF PROFITS. (Yucatán legislation) There is a prohibition for goods to be delivered or services to be carried out by public servants, since these activities could induce the sense of vote and affect the freedom of suffrage and equity of the electoral contest.

In this order of ideas and using the criterion of analogy, it can be understood that the prohibition for the public servants to spread propaganda of social communication that implies their Personalized promotion, regardless of whether it comes from private or public resources, also obeys the need to protect the freedom of the vote and the fairness of the contest.

In addition to the above, it can be argued that while it is true that the Opinion contains the phrase: "paid with public resources". It is also true that the final wording of the seventh paragraph of Article 134 of the Constitution did not establish this criterion, but rather, he pointed out: "under any form of social communication."

This wording must be interpreted in the sense that it prohibits propaganda contracted with public or private resources. Therefore, it is incorrect to conclude that it only prohibits public servants from carrying out propaganda that involves personalized promotion with public resources and, instead, allows them to be carried out, with private resources.

FOURTH.- Finally, I would like to point out that, in the event of approval of the Agreement that is presented to the General Council in its terms, this is, including the second article of the Rules of the Federal Electoral Institute on Institutional Propaganda and Political Electoral of Public Servants and if such a decision produced negative consequences in future electoral processes, I believe they could be updated. causes of responsibility for the Electoral Advisers involved in the said decision.

In this sense, article 108, first paragraph of the Political Constitution of the United Mexican States, points out:

" For the purposes of the responsibilities referred to in this Title, the members of the Federal Judicial Branch will be repudiated as public servants. and the Judicial Branch of the Federal District, officials and employees and, in general, any person who carries out a job, position or commission of any kind in the Congress of the Union, in the Legislative Assembly of the Federal District or in the Federal Public Assembly or Federal District, as well as the public servants of the bodies to which this Constitution grants autonomy, who will be responsible for the acts or omissions they incur in the performance of their respective functions.

Thus, according to this normative provision, the Electoral Directors of the Federal Electoral Institute are responsible for the acts or omissions in which we are taking our part. functions.

As I have previously stated, to approve the second article of the Rules of Procedure, which involves violating the prohibition provided for in Article 134, paragraph 7 of the Constitution. Federal and also lacking the principle of legality that all acts of the electoral authority must take and stop observing the content of article 109 of the COFIPE that establishes the General Council of the Institute as the responsible for monitoring the compliance with the constitutional and legal provisions in the field election.

In this regard, an omission would be made by failing to adequately ensure the effective and effective implementation of the provisions of the Constitution.

In addition to the above, consideration should be given to the content of the first paragraph of Article 109, section I and 110, constitutional order:

" The Congress of the Union and the Legislatures of the States, within the scope of their respective competences, will issue the laws of responsibilities of the public servants and the other rules conducive to sanctioning those who, having such a character, are liable, in accordance with the following provisions:

I. The penalties referred to in Article 110 shall be imposed by political judgment on the public servants referred to in the same provision, where in the performance of their duties they incur acts or omissions which are detrimental to the interests of the public. fundamental public or good office. "

" Senators and deputies to the Union Congress, the Ministers of the Supreme Court of Justice of the Nation, the Directors of the Judiciary, will be subject to impeachment. Federal, the Secretaries of the Office, the deputies to the Federal District Assembly, the Chief of Government of the Federal District, the Attorney General of the Republic, the Attorney General of the Federal District, the Circuit magistrates and District judges, judges and judges of the Federal District of the Federal District, Councilors of the Federal District, the president, the electoral counselors, and the executive secretary of the Federal Electoral Institute ...

In accordance with the above mentioned rules, both the President and the Electoral Advisers and the Executive Secretary of this Institute can be submitted to the the way of impeachment when they incur an omission that is detrimental to the fundamental public interests.

If, as I pointed out earlier, approving the second article of the Rules of Procedure, it implies violating the prohibition provided for in Article 134, paragraph 7 of the Constitution and not ensure that the effective and effective implementation of the Constitution can be interpreted as meaning that the members who will carry out this action would act in an omission which would be detrimental to the fundamental public interests, that the effective implementation of the Constitution is without doubt, an essential public interest.

It is for the reasons previously stated and founded earlier, that I cast my vote AGAINST of the AGREEMENT OF THE GENERAL COUNCIL OF THE FEDERAL ELECTORAL INSTITUTE APPROVES THE REGULATION OF THE FEDERAL ELECTORAL INSTITUTE IN THE FIELD OF INSTITUTIONAL AND POLITICAL PROPAGANDA OF PUBLIC SERVANTS.-Heading.

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[1] Record No. 172521, Ninth Era, Plenary, Judicial Weekly of the Federation and its Gazette XXV, May 2007, Page 1515, Thesis: P. /J. 30/2007, Constitutional Law.