Background on Construyendo Sociedades de Paz (CSP)
Construyendo Sociedades de Paz (CSP) is an organization aiming to establish itself as a national political party, succeeding the former parties Encuentro Solidario (PES) and Encuentro Social. The group sought clarity from the Mexican electoral authority, the National Electoral Institute (INE), regarding membership validation rules for forming a national political party.
Impugnation of Initial INE Response
CSP found the initial response from the INE insufficient, as it did not provide enough guidance on applying rules to specific cases involving memberships, especially when dealing with duplications or changes in assembly conditions. The organization then impugned the response, requesting more detailed clarification.
TEPJF’s Decision
The Electoral Tribunal of the Federal Judicial Power (TEPJF) agreed with CSP and ordered INE to provide a more comprehensive response. The TEPJF acknowledged that, although there was no legal vacuum regarding duplicate memberships, the INE’s previous response contained imprecisions that created uncertainty around varying membership types and assembly conditions.
Key Areas for Clarification
- Membership Type from Changing Assembly Modalities: INE should specify how to handle memberships obtained from assemblies that switch between distrital, state, or other modalities.
- Treatment of Memberships from Non-Quorum Assemblies: INE should explain how to manage memberships gathered from assemblies that do not reach the required quorum.
- Quorum Loss Due to Duplications: INE should clarify if a membership initially achieving quorum can lose it after the review of duplications by the authority, and what implications this would have.
Purpose of the TEPJF’s Decision
The TEPJF emphasized that such consultations aim to ensure organizations understand legal requirements. Therefore, INE must respond thoroughly, clearly, and coherently, explaining the rationale behind its decisions.
Key Questions and Answers
- Question:
Answer: INE should clarify how to handle memberships from assemblies transitioning between distrital, state, or other modalities.
- Question:
Answer: INE needs to provide guidance on dealing with memberships gathered from assemblies that fail to reach the required quorum.
- Question:
Answer: INE must explain the implications if a membership, initially achieving quorum, loses it following duplications review.
