The Federal Electoral Court will vote tonight on a project ordering the Ministry of Finance to provide INE with the necessary resources for election referees to fulfill their obligations to organize and carry out revocation consultations.
The draft ruling, prepared by presenting judge Felipe Fuentes, overturned the agreed INE agreement to postpone holding the repeal consultations due to budget shortfalls.
The proposal argues that the election arbitrator does not have the power to delay the exercise, and orders it to carry out adjustment of your budget to meet your obligations.
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However, if resources are insufficient, the project says, INE can request a budget from the Ministry of Finance and Public Credit (SHCP), and it should process your request.
Based on the arguments put forward, this High Council decided to withdraw the disputed agreement so that INE looked for other alternatives for budget management to carry out the process of revoking the mandate and guaranteeing citizen participation.
“On the other hand, related to the Ministry of Finance and Public Credit so that in the event that INE submits a request for budget expansion to follow the procedure for revocation of the mandate, then INE responds to it as soon as possible in a reasoned and reasonable manner and follows the respective procedures that gave rise to the request”, indicating the project to which it has access. Political Animal.
To bind the SHCP, the Fuentes Barrera project cites election jurisprudence 21/2002, which suggests that authorities are obliged to comply with election decisions when, regardless of whether they are irresponsible, they must implement actions so that they are complied with by the actors.
The project also cites the Federal Budget and Fiscal Responsibility Act, which provides for the SHCP to allow budget increases so that agencies can better meet program objectives under their responsibility.
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“In particular, with respect to autonomous entities such as INE, in article 60, (the law) provides for the possibility to allow adjustments to their respective budgets provided that they allow for better fulfillment of the objectives and programs under their responsibility, determining it is necessary to inform the Secretariat for the purpose of integrating the respective reports,” said the proposal.
Because it is the final decision of the court, if it is approved by the majority, it must be obeyed by the relevant authorities.
INE argues that the budget required for consultations on revocation of the mandate is 3 thousand 830 million pesos, but the Chamber of Deputies only approved 813 million in the 2022 Federation Expenditure Budget.
The election referee has made budget adjustments that allow him to expand 813 million pesos to a wallet of 1,000 503 million, which continues to be insufficient.