Blow to Plan B: Electoral Tribunal rejected the article that dismissed Edmundo Jacobo from INE

The TEPJF analyzed a challenge to Plan B

The Electoral Tribunal of the Federal Judiciary (TEPJF) decided to not apply, that is, to reject the transitory article 17 that had the objective of dismissing Edmundo Jacobo as executive secretary of the National Electoral Institute (INE), by agreeing that the legislators could not “ invade” the autonomy of the collegiate body.

“In this background project, which I submit for your consideration, I propose the non-application of the seventeenth transitory article of the decree by which various electoral provisions are reformed, repealed and added”

The project was presented by the magistrate of the Superior Chamber, Janine M. Otálora Malassis, during the public session on March 22, 2023, in which she explained that, in her opinion, said article should be inapplicable, a statement that divided to the plenary among those who considered that the Congress of the Union acted outside its limits, while others explained that the situation should be discarded.

The article that dismissed Edmundo Jacobo Molina was rejected by the TEPJF (INE)

The former explained that, from their perspective and knowledge, both legislative chambers would have exceeded their powers by establishing a norm in transitory article 17, since they would not have the competence to intervene in the appointment of the executive secretary of the INE, since this only corresponds to the collegiate body.

“I do not notice that the electoral authority is recently detrimental in its legal sphere or that the functions that are constitutionally entrusted to it are hindered, since they can name who they decide”

On the other hand, the latter explained that there was no legal interest on the part of the INE, so the matter should be discarded, as had already happened in other sessions where issues on the reform of secondary electoral laws had been addressed. .

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“The constitutional autonomy that the National Electoral Institute has seeks to avoid interference or pressure from external agents or the interference of the constituted powers that could put its operation and the fulfillment of its functions at risk,” explained magistrate Janine.

Electoral Tribunal decided not to apply the article that dismissed Edmundo Jacobo (TEPJF)

Judge Felipe Fuentes was absent from the session, so the vote was tied at three, since Indalfer Infante, Mónica Aralí Soto and José Luis Vargas voted against, while Felipe de la Mata, Janine Otálora and Reyes Rodríguez voted against it. they did for; to get out of the tiebreaker, the presiding magistrate cast his casting vote with what the project passed and Edmundo Jacobo Molina will be able to continue in his position.

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Following the “non-application” of the Plan B article, the TEPJF ordered the National Supreme Court of Justice to be informed “for the purposes that may be applicable by law regarding the non-application of the aforementioned article.”

The executive secretary received an amparo to return to his position at the INE (Screenshots/Twitter/Jannet López Ponce)

It was last Monday, March 13, when Jacobo Molina rejoined the activities of the INE General Council, after having obtained a provisional suspension by Judge Blanca Lobo Domínguez, as it should be remembered that after the publication of Plan B in the Official Gazette of the Federation (DOF) had to leave his post.

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The foregoing led the plenary session of the INE to appoint from among its executive directors a person in charge of the office, for which reason, since March 3, Roberto Heycher Cardiel had been appointed as the person who would take charge of the activities of the office that Edmundo Jacobo coordinated.

However, when both the official and the electoral authority went to court, a suspension was obtained that allowed the executive secretary to return, a situation that was celebrated within the institute because they considered that a first game had been won against the modifications.

“With the resolution of the Federal Judiciary to which I have referred and the definitive suspension that was granted to the executive secretary of the INE, Mr. Edmundo Jacobo Molina, an act of justice is made that restores an official to his functions proboscis, honest and committed, to whom the electoral system and democracy owe a lot”, explained Lorenzo Córdova Vianello, President of the INE.

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