The 10 keys to understanding the rules established for the 2024 Mexican elections

The 10 keys to understanding the rules established for the 2024 Mexican elections

The pre-campaigns ended and from January 19 to February 29, the period known as inter-campaign was established, time that the National Electoral Institute, INE, grants to the political parties, to resolve their possible differences regarding the internal selection of their candidates.

Likewise, the INE reviews compliance with the requirements of the applications for registration of the nominations, in order to ensure equity in the electoral contest on June 2.

Although this is a phase of the electoral process, it does not mean that candidates for elected office – such as Claudia Sheimbaum, Xóchitl Gálvez or Jorge Álvarez Máynez – can do what they want; They do so as not to engage in early campaign actions and put their records at risk.

1.- What is the inter-campaign and what purpose does it have?
It is the phase of the electoral process that runs from the day after the end of the pre-campaigns to the day before the start of the campaigns.

The inter-campaign is not a period for electoral competition, since it aims to put an end to a stage of preparation of the parties for the election day and opens a space for possible differences to be resolved regarding the internal selection of candidates for election. popular.

2.- What can be classified as anticipated campaign events during the Intercampaign?
According to the electoral institute, for an action to constitute an advance campaign act, three requirements must be met:

A personal element: that they are carried out by political parties, as well as their members, applicants, pre-candidates or candidates.

A temporary element: that occur before, during or after the internal candidate selection procedure and prior to the constitutional registration of candidacies.

A subjective element: that they have the fundamental purpose of presenting the platform of a political party or coalition, or promoting a candidacy to obtain the vote of citizens on election day.

3.- What should candidates not do during the inter-campaign?
During this period, applicants will not be able to appear in spots, debates or round tables or analysis on radio and television, where more than one candidate is present. Likewise, the content of your election propaganda can only be informative in nature.

4.- Propaganda dissemination
Although it seems somewhat contradictory, the dissemination of political or generic propaganda is permitted.

4.1 Generic propaganda
In accordance with criteria of the Electoral Tribunal of the Judicial Branch of the Federation, pre-candidacies or candidacies may attend private events and meetings in which they present general topics and of public interest, whenever Generic propaganda is allowed.

The purpose of this is to present the ideology, principles and values ​​of the political parties’ programs, to “generate, transform or confirm opinions in favor of ideas and beliefs; or, invite citizens to be part of it, with the aim of promoting their participation in the democratic life of the country or increasing the number of its members.”

Obviously you cannot call the vote, so as not to incur early campaign events.

5.- The powers of the INE regarding anticipated campaign events
The INE has the power, through the Complaints Commission, to issue precautionary measures when in the events – in the opinion of the Institute – there could be room to think about legal violations, in elements that adulterate the fairness of the election.

However, there are cases in which it is up to the Electoral Court to define certain guidelines. “That is, the INE does not have the power to say ‘these are anticipated campaign events’ or to directly determine ‘these are not anticipated campaign events.’

6.- The sanction
The penalty of incurring any anticipated act of Campaign is to lose registration and candidacy, based on Article 372 of the General Law of Federal Electoral Institutions and Procedures.

7.- What happens with the Radio and TV promotions during the inter-campaign?
It is valid to include references to topics of general interest and for information purposes, as long as no explicit use is made of calls to vote, for or against, or express references to candidacies and the electoral platform of the political party that disseminates the article. promotional.
The generic allusion to the change or continuity of a public policy does not imply a serious or irreparable impact on the principle of equity in the electoral contest, since it is not a call to vote.

The dissemination of questions or achievements of government activity is permitted. In this case, the promotional material must not mention or identify a candidate or political party, in order to position it in a negative or positive way.

8.- Opinion programs and political analysis tables in the Intercampaña
During this period, the freedom of expression of the pre-candidates, as well as the candidacies, as well as the right of the media to carry out their journalistic work by conducting interviews, are safeguarded at all times.

The media may conduct interviews and broadcast news pieces about political parties, coalitions, pre-candidacies and nominated candidacies, with absolute respect for equity and the provisions on the purchase or acquisition of air time on radio and television.

9.- This inter-campaign period replicates the rules of 2018, when there were also presidential elections.

Although freedom of expression was privileged, at that time the presidential candidates preferred to omit interviews and opinions, to avoid unnecessary risks in their aspirations.

10.- The times in the media during the inter-campaign
In accordance with the Radio and Television Regulations on Electoral Matters, during this inter-campaign period, the INE authorizes and distributes media time, which corresponds to 48 minutes per day on each radio station and television channel that covers the election.

The division of time will be as follows: 24 minutes for spots from the INE and other electoral authorities and 24 minutes for the dissemination of generic messages from political parties.

In accordance with Article 37 of said regulations, the concessionaires “will disseminate the promotional materials delivered by the Institute”, thereby exempting them from any responsibility.