Home > 1.3.2.4 Aggregation procedure and election results > MEXICO- General Law on Electoral Institutions and Procedures of Mexico
 
 
 
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Article 311
 

311.1. The district count of the votes for representatives will be subject to the following procedure:


a) The packages containing the f les of the election that do not show proof of alteration will be opened following the numerical order of the polling stations; the result of the scrutiny and count certificate included in the file of the polling station will be compared with the certificate received by the president of the district council. If the results of the two certificates match, they will be entered in the forms established for this purpose;


b) If the results of the certificates do not coincide, or evidence of alterations are found in the certificates that generate reasonable doubt regarding the outcome of the election in the polling station, or the scrutiny and count certificate is not included in the file of the polling station or is not in the possession of the president of the council, the scrutiny and the count of the polling station will be carried out again, issuing the corresponding certificate. To carry out the above, the secretary of the council will open the package in question and, after verifying its content, will count aloud the ballots not used, the invalid votes and the valid votes, noting down the quantity resulting in the space of the corresponding certificate. At the moment of counting the invalid and valid voters, the representatives of the political parties that wish to and an electoral councilor will verify that the validity or invalidity of the votes cast have been correctly determined, in accordance with the provisions of article 291 of this Law. The results will be recorded in the form established for this purpose, leaving it recorded in the corresponding detailed minutes; likewise, it will be recorded in the minutes the objections expressed by any of the representatives before the council, without prejudice to their rights to challenge before the Electoral Tribunal the count in question. The realization of the counts cannot be interrupted or hindered under any circumstances;


c) In this case, the votes cast in favor of two or more coalition parties and that for this reason have been entered separately in the corresponding section of the scrutiny and count certificate of the polling station will be added up. The district sum of such votes will be evenly distributed among the parties that integrate the coalition; in the case of fractions, the corresponding votes will be allocated to parties with the highest vote;


d) The District Council should carry out the scrutiny and count again when:



  1. There are evident errors or inconsistencies in the various elements of the certificates, except when they can be rectified or clarified with other elements to the full satisfaction of those who requested it;

  2. The number of invalid votes is greater than the difference between the candidates in first and second place in the vote, and

  3. All the votes have been deposited in favor of the same party.

  4. Next, the packages that show proof of alteration will be opened and the operations mentioned in the previous subparagraphs will carried out, as applies to the case, recording the results in the respective detailed minutes;


f) The sum of the results, after carrying out the operations set out in the previous subparagraphs, will make up the district count of the election of representatives by majority that will be registered in the corresponding certificate;


g) Next, the packages that contain the files of the special polling stations will be opened, in order to extract the file from the election of representatives and they will proceed according to the established in subparagraphs a) to e) of this paragraph;


h) During the opening of electoral packages according to the provisions of the previous subparagraphs, the president or the secretary of district council will extract: the written objections, if any; the corresponding nominal list; the list of citizens who voted and do not appear on the nominal list, as well as the incident statements and the other documents determined by the General Council in agreement prior to the Election Day. The district council will be informed of the documentation thus obtained, in the order of the numbering of the polling stations. The folders with this documentation will remain under the safeguard of the president of the council to meet the requirements that may be submitted by the Electoral Tribunal or other bodies of the Institute;


i) The district count of the election of representatives by the principle of proportional representation will be the result of adding the obtained numbers according to the two previous subparagraphs, and it will be recorded in the certi f cate corresponding to the election by proportional representation;


j) The district council will verify the compliance with the formal requirements of the election and, also, that candidates of the formula that have won the majority of votes ful f ll the eligibility requirements established in article 10 of this Law, and


k) The results of the counts, the incidents that occurred during the same, the declaration of the validity of the elections and of the eligibility of the candidates of the formula that obtained the majority of the votes will be registered in the minutes of the session.


311.2. When there is an indication that the difference between the presumed winning candidate in the election in the district and the one that has obtained the second place in voting is equal to or less than one percentage point, and at the start of the session there is an expressed request by the representative of the party that nominated the second of the previously mentioned candidates, the district council should perform a recount of votes in all of the polling stations. To this end, the presentation before the Council of the summation of the result by party included in the copies of all scrutiny and count certificates of the polling stations of the district will be considered sufficient indication.


311.3. If, at the end of the count, it is established that the difference between the presumed winning candidate and the one in second place is equal to or less than one percentage point, and there is a specific request as referred to in the previous paragraph, the district council must proceed to carry out the recount of the votes from all polling stations. In any case, the polling stations that have already been subject to a recount will be excluded from the previous procedure.


311.4. According to the provisions of the two previous paragraphs, to carry out the total recount of votes regarding a given election, the district council will make the necessary arrangements for it to be carried out without impeding the scrutiny and count of the other elections and for it to conclude before the Sunday following the Election Day. For this purpose, the president of the district council will immediately notify the Executive Secretary of the Institute; will request the creation of working groups composed of the electoral councilors, the representatives of parties and the members, who will preside the groups. The groups will carry out their task simultaneously dividing proportionally between them the packages that each one will be responsible for. The political parties will have the right to appoint a representative in each group, with their respective substitute.


311.5. If during the recount of votes, votes of a different election are found in the package, these will be counted for the corresponding election.


311.6. The executive member presiding over each group will take the minutes, which includes the result of the recount of each polling station and the final result produced from the addition of the votes for each party and candidate.


311.7. The president of the council will, in a plenary meeting, add up the results recorded in the minutes of each working group and will include the result in the f nal scrutiny and count certificate of the election in question.


311.8. The mistakes included in the original scrutiny and count certif cates of the polling stations that are corrected by the district councils following the procedure established in this article cannot be invoked as a cause for annulment before the Electoral Tribunal.


311.9. The Electoral Tribunal cannot under any circumstances be requested to carry out a recount of votes regarding the polling stations that have been subject to this procedure in the district councils.