Leaders of the Morena party, such as Mario Delgado and Citlalli Hernández, and his representative before the INE, Eurípides Flores, promote the exercise of Revocation of Mandate as a “ratification” of Andrés Manuel López Obrador as president of Mexico.
“Yes it can be done a revocation / ratification of mandate optimizing resources correctly ”, Hernandez tweeted. “The ratification of the mandate of the President @lopezobrador_ it must be a democratic exercise ”, published Delgado.
Along the same lines, social networks also circulate images and videos of promotional in the streets where it is invited to endorse a “ratification” next year, and there are other cases in which people come to sign the forms and complain about what appears in them.
Given these facts, specialists consulted by Political Animal They explained that talking about a ratification is misleading and misinforming, because that figure doesn’t exist in the approved law by legislators.
“What exists constitutionally today is the revocation of the mandate. It is very cheating that today a campaign is made saying that it is a ratification of mandate because that is a figure that does not exist and I believe that citizens are being deceived ”, comments the political scientist and academic from CIDE, Javier Martín Reyes in an interview.
The revocation of the mandate, specialists insisted, is a democratic exercise that citizens request to remove the president of the Republic in turn in the middle of his term. Either due to loss of confidence or if they consider that it is not adequately fulfilling its functions.
Read also: https://www.animalpolitico.com/2021/08/ciudadanos-solicitar-consulta-revocacion-mandato-firmas-aplicacion/
In the approved law it is specified that it is a procedure for remove from his position to the federal agent, an extension in office or a “ratification” is never mentioned.
To the letter, this process can only be requested by citizens, with the collection of some 2.7 million signatures.
Said signatures are collected by people who registered as promoters of the consultation, and must be delivered to the INE for validation, with the deadline of December 25, 2021.
The lawyer Reyes considers that the confusion or manipulation can arise from the question of the exercise, approved by legislators:
“Do you agree that Andrés Manuel López Obrador, President of the United Mexican States, have his mandate revoked due to loss of trust or remain in the Presidency of the Republic until the end of his term?”
Then the possible answers appear: “That his mandate be revoked due to loss of confidence” or “That he continue in the Presidency of the Republic.”
According to Martín Reyes, the question presents constitutionality problems and was the product of a political negotiation:
“Legally it is wrong to ask whether or not the figure that exists for revocation has to continue or not. It is very tricky that the question was worded like this ”.
The UNAM constitutional law specialist, Jesika Velázquez Torres, explains in an interview that since it is an exercise in direct democracy that is being carried out for the first time in the country, it can generate many doubts, however, the distinction is clear.
“The figures of revocation and ratification are completely different. Revocation is to remove, remove from office, any person who has been elected by popular election. The ratification is an administrative exercise in which a public servant is approved to continue to carry out his post, ”says Velázquez Torres.
Regarding the possibility that this exercise is understood as an “extension of mandate”, the specialist specifies that this is illegal and unconstitutional and is not possible to carry out, “neither in this exercise of revocation of mandate nor in any other”, and to To do so, not only would there have to be a legal modification and to the Constitution, but it would also have to be analyzed in the light of international treaties.
The same INE clarified that this process is not about a “ratification of mandate”.
In this preliminary stage of an unprecedented process, specialists said, the INE forms that the population is signing in the streets could be valid, even when those who deliver them wrongly say that it is for “ratification.”
A challenge could be filed before the Regional Chambers or the Superior Chamber of the Electoral Tribunal of the Federal Judicial Power (TEPJF), which would analyze whether the signatures and these collection forms were valid or not.
Nevertheless, “From a procedural point of view, it is difficult to successfully challenge the collection of signatures on the grounds that citizens are being deceived. There, the burden of proof would have to be enormous and convincingly demonstrate that this was a determining factor for the support to be granted ”, admits Javier Martín Reyes.
How is the proccess?
In order for the mandate revocation consultation to be carried out, they will have to request it at least 3% of the people registered on the Nominal List of Voters of at least 17 states, representing at least 3% of those registered in the National Electoral Register.
If we consider that until the last cut validated by the INE, in October of this year, there were 91 million 940 thousand 907 people with valid voting credentials in all states and abroad, then they would have to join, at least, 2 million 758 thousand 227 citizen signatures.
In accordance with the updated guidelines established by the INE, the period for the signatures to be collected is from November 1 to December 25 through a Physical format or by the mobile application “My support”.
Who collects the signatures?
Physical formats may only be distributed by individuals and organizations that have requested it and that have met the requirements established by the INE. In total, there are 22,419 organizations or people who can do it. Each promoter must be in the final list endorsed by the Institute. In addition, the ballot boxes must have a folio and the name of the petitioner.
No political party, member of the federal or local government or of Congress has the authorization of the INE to collect signaturesNeither are organizations or individuals that promote a “ratification of mandate”.
Then, What happens if you sign one of the forms now? If they play in your house or on the street they ask you to sign, it is part of the collection process for the consultation to be carried out, but You are not voting yet whether or not you want the president to remain in office.
And there is no obligation to sign, it is a free decision.
The formats must have a folio. The INE will be the one that will guarantee that the ballot boxes and formats collected have the correct data from both the organization or person promoting it, as well as the voters, otherwise it will not take those votes into account.
As of November 22, 399,374 signatures had been collected, but the INE had only validated 308 thousand 771, which have been those found in the Nominal List, the rest presented inconsistencies or continue to analyze them.
The Institute will have almost a month, from December 25, to perform the count, and On February 3, 2022, you must announce how many signatures were collected.
If they are more than 3% of the Electoral Register, on February 4 you must issue the call for the Revocation of the Mandate, which will have to be held on April 10.
If there is a consultation, what would happen?
In case the signatures are reached and the vote was carried out on April 10, then the INE will count and count the votes to give the results.
For the revocation to proceed, the vote of at least 40% of the Nominal List of Electors will have to be gathered, which are, approximately, 36 million 776 thousand 362 people.
In other words, it would take more votes than those won by Andrés Manuel López Obrador to reach the presidency in 2018, when he obtained the vote of 30 million 113 thousand 483 people.
If that figure is achieved, the challenge period before the Superior Chamber of the TEPJF would begin. In case they do not proceed or there are none, they will issue the final results and declare the validity of the revocation.
As soon as the results are notified to the President of the Republic, he would have to leave office definitively. While, whoever then presided over the Congress of the Union would provisionally assume the post.
After the same Congress, acting as Electoral College, that is, made up of at least two-thirds of the total number of members of both Chambers, it will decide by a simple majority and secret ballot, within 30 days, who will preside over the country for the rest of the six-year term.
Why does AMLO promote the revocation?
One of the main doubts you may have is, why is President López Obrador himself promoting its revocation? Although the TEPJF prohibited him from promoting or expressing his opinion on this exercise and only the INE is in charge of the dissemination, the federal president has said that this allows “full compliance with the spirit of article 39 of the Constitution, that the The people have at all times the right to change the form of their government ”.
For Jesika Velázquez Torres, whoever promotes this exercise coincides with her national project. “In his administration he has wanted to give space to figures of direct citizen participation, such as the popular consultation and revocation of the mandate. In other words, they are actions proper to the discourse ”.
However, the opposition parties, PAN, PRI and PRD, have expressed their rejection of this exercise, pointing out that it may be an unnecessary expense or a covert search for self-promotion. In fact, they challenged the law before the SCJN on the grounds that it improperly allowed the query question to be modified or expanded. The appeal was admitted by the Court, but they have not resolved it yet.
What role does the INE play and why is it demanding a budget?
The law established that the INE deliver the material and forms for the collection of signatures, validate the requirements, be in charge of the dissemination, organization and development of the exercise of revocation of the mandate, as well as the computation and issuing the results of signatures. and votes.
Upon approval of the Expenditure Budget of the Federation 2022, the Institute accused that the Chamber with a majority of Morena cut him almost 5 billion pesos, the equivalent of what it considered as a precautionary budget for the exercise of the revocation. Faced with the claims, Morena has said that the INE could still do so, reducing other expenses.
“The INE will have to do more exercises with much less budget, not only because of the elections (which will have six states in 2022), but also the eventual exercise of the revocation of the mandate,” says lawyer Jesika Velázquez in this regard.
“It is a brutal political and legal irresponsibility, There is no way for the INE to organize a mandate revocation process, which is the equivalent of a presidential election, it has to install the same number of polls, ”Javier Martín Reyes points out.
“It will not be enough for the revocation of the mandate, for the popular consultations and additionally there is the risk that other functions of the INE are compromised, such as the issuance of voter credentials, which would be very serious because it is the only official national identification. and free that exists in Mexico ”, affirms the specialist.
For now, Lorenzo Córdova announced that Even with this budgetary adjustment, the Institute will do everything possible for the consultation to take place. He also proposed going to the SCJN and asking, derived from the scarcity of resources, if it is possible to carry out the exercise but with fewer boxes.