Home > 2.9 Electoral offences and sanctions > MEXICO - General Law on Electoral Institutions and Procedures of Mexico
 
 
 
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Article 456
 

456.1. The violations set out in the previous articles will be sanctioned according to the following:


a) With respect to the political parties:



  1. With a public reprimand;

  2. With a fine of up to ten thousand days of the minimum wage in force in the Federal District, depending on the gravity of the violation. In the cases of violations to the campaign expenditure ceilings, or the applicable limits on donations or contributions of supporters or of the candidates for their own campaigns, with the same amount as the excess. In case of reoccurrence, the punishment will be up to the double of the previous;

  3. Depending on the gravity of the violation, with the reduction of up to fifty percent of the public financing corresponding to them, for the period mentioned in the decision;

  4. With the interruption of the transmission of the political or electoral propaganda that they transmit within the time allocated by the Institute, in violation of the provisions of this Law, and

  5. In the case of serious and repeated conducts in violation of the Constitution and of this Law, especially as regards their obligations related to the origin and use of their resources, with the cancellation of their registration as a political party.


b) With respect to the political associations:



  1. With a public reprimand;

  2. With a f ne of up to ten thousand days of the minimum wage in force in the Federal District, depending on the gravity of the violation, and

  3. With the suspension or cancellation of their registration, which in the former case cannot be less than six months.


c) With respect to the applicants, pre-candidates or candidates for elective office:



  1. With a public reprimand;

  2. With a fine of up to five thousand days of the minimum wage in force in the Federal District, and

  3. With the loss of the right of the offending pre-candidate to be registered as a candidate or, where applicable, if the registration is already done, with the cancellation of the same. When the violations committed by applicants or pre-candidates for elective of f ces are exclusively attributable to them, the political party in question will not be sanctioned. When the pre-candidate is elected in the internal process, the political party cannot register this individual as a candidate.


d) With respect to the Independent Candidates:



  1. With a public reprimand;

  2. With a fine of up to five thousand days of the minimum wage in force in the Federal District;

  3. With the loss of the right of the offending applicant to be registered as an Independent Candidate or, where applicable, if the registration is already done, with the cancellation of the same;

  4. In the case that the applicants fail to inform and confirm the costs related to collecting citizen support to the auditing unit of the Institute, they cannot be registered in the two subsequent elections, independently of the responsibilities they incur in terms of the applicable legislation, where applicable, and

  5. V. In the case that the Independent Candidates fail to inform and confirm the campaign costs to the auditing unit of the Institute and to refund them, they cannot be registered as a candidate in the two subsequent elections, independently of the responsibilities they incur in terms of the applicable legislation, where applicable.


e) With respect to the citizens, the leaders and members of the political parties, or any natural or legal person:



  1. With a public reprimand;

  2. With respect to the citizens or the leaders and members of the political parties: with a fine of up to five hundred days of the minimum wage in force in the Federal District; in the case of contributions that violate the provisions of this law, or concerning the purchase of airtime in radio or television for the dissemination of political or electoral propaganda, with a fine of up to double the commercial price of this airtime;

  3. With respect to legal persons realizing the conducts set out in the previous section: with a fine of up to a hundred thousand days of the minimum wage in force in the Federal District, in the case of contributions that violate the provisions of this law, or concerning the purchase of airtime in radio or television for the dissemination of political or electoral propaganda, with a f ne of up to double the commercial price of this airtime, and

  4. With respect to the citizens, the leaders and members of the political parties, or any natural or legal person, with a public reprimand and, in the case of reoccurrence, with a fine of up to two thousand days of the minimum wage in force for the Federal District, in the case that they promote a frivolous claim. For the individualization of the sanctions referred to in this section, the electoral authority should take into account the gravity of the responsibility incurred and the benefit of suppressing the practice in reference to the legally protected rights, or those pronounced based on them; the circumstances of method, time and place of the violation, the socioeconomic conditions of the offender; the external conditions and the means of execution; the reoccurrence in the incompliance with obligations and, where applicable, the amount of benefit, profit, damage or loss arising from the incompliance with the obligations.


f) With respect to election observers or organizations of election observers:



  1. With a public reprimand;

  2. With the immediate cancellation of the accreditation as election observers and the disqualification for receiving accreditation as such in at least two federal or local electoral processes, depending on the case, and

  3. With a fine of up to two hundred days of the minimum wage in force in the Federal District, in the case of the organizations to which the election observers belong;


g) With respect to the radio and television broadcasters:



  1. With a public reprimand;

  2. With a fine of up to one hundred thousand days of the minimum wage in force in the Federal District, which in the case of radio broadcasters will be up to fifty thousand days of the minimum wage; in case of reoccurrence with up to twice the amounts mentioned above, as appropriate;

  3. When they do not transmit the messages referred to in this Chapter according to the guidelines adopted by the Institute, in addition to the fine imposed as applicable, they must immediately remedy the omission, using to that effect the commercial airtime or airtime for their own purposes that the law authorizes them;

  4. In the case of serious violations, such as those established in article 452, paragraph 1, subparagraphs a) and b), and when they are also repeated, with the suspension by the Technical Unit of Electoral Disputes, upon approval by the General Council, of the transmission of the commercial airtime for one hour or for a maximum of up to thirty-six hours. In any case, when this sanction is imposed, the time of the suspended publicity will be occupied by the transmission of a message of the authority in which the audience will be informed of this. In the case of public and private broadcasters, the sanction will be applicable to the time allotted for sponsorships;

  5. When the previous sanction has been applied and the offender systematically repeats the violation, the General Council will notify the competent authority in order for it to implement the applicable sanction according to the law of the matter, and it should inform the General Council;


h) With regard to citizens’ organizations aiming to form political parties:



  1. With a public reprimand;

  2. With a fine of up to five thousand days of the minimum wage in force in the Federal District, depending on the gravity of the violation, and

  3. With the cancellation of the procedure designed to obtain the registration as a national political party, and


i) With regard to the trade union, labor organizations or employer organizations, or to any other association with a social purpose other than the creation of political parties, as well as their members or leaders, as relates to the creation and registration of political parties:



  1. With a public reprimand, and

  2. With a fine of up to five thousand days of the minimum wage in force in the Federal District, depending on the gravity of the violation.