TEPJF revokes the call to include only women in the election of Tlaquepaque, Jalisco

The Electoral Court of the Federal Judicial Branch (TEPJF) rejected the issuance of an exclusive call for women in the extraordinary election of San Pedro Tlaquepaque, Jalisco, to be held on November 21.

In the framework of the extraordinary election for the municipal presidency of Tlaquepaque, Jalisco, because the first was annulled by the Electoral Tribunal due to the intervention of the cardinal Juan Sandoval Íñiguez, the electoral magistrates revoked, by majority vote, the resolution of the Guadalajara Regional Chamber, which validated the summons issued by the Jalisco Congress which determined that the parties should only nominate women for the office of the municipal presidency.

The parties Brunette and Let’s do, and a citizen, challenged the call, considering that the local Congress lacked the competence to establish an affirmative action in the call, and to modify the existing rules for ordinary elections. They also argued that it was a disproportionate and discriminatory measure for male candidates.

The magistrate Monica Aralí Soto Fregoso proposed to confirm the affirmative measure established by the local Congress, since in his opinion the local Congress is empowered to establish an affirmative action in the call for extraordinary elections, by virtue of the fact that parity is a constitutional principle that must be observed by all The authorities.

Magistrates Indalfer Infante Gonzales and Jose Luis Vargas Valdez they supported the project. However, the magistrate Janine Otálora Malassis and the magistrates Felipe de la Mata Pizaña, Felipe Alfredo Fuentes Barrera and Reyes Rodríguez MondragonThey considered that the call issued by the local Congress did modify the rules previously established for ordinary elections.

In the same sense, they estimated that extraordinary elections are linked to ordinary elections and are subject to the same rules in accordance with electoral regulations.

Therefore, by a majority of magistrates, the Court rejected the proposed project and ordered the revocation of the summons issued by the state Congress, since it created a disadvantageous situation that could affect the result of the extraordinary election. This, due to the fact that some political parties would have to replace their candidacies with little time foreseen for the development of the electoral campaign.

In that sense, the TEPJF concluded that gender parity should not only be achieved in the nomination of positions for popular election, but also in the effective access of women to the exercise of public power, provided that the substantive rules of electoral processes are not altered.

Also that the measure of Jalisco Congress generates a substantial alteration to the rules of electoral processes, without justification for this, which would also generate unequal competition.



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