Home > 2.9 Electoral offences and sanctions > MEXICO - General Law on Electoral Institutions and Procedures of Mexico
 
 
 
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Article 458
 

458.1. When the federal, state or municipal authorities fail to comply with the mandates of the electoral authority, they do not provide the information requested of them in due time and form, or they do not provide the assistance and cooperation required of them by the bodies of the Institute, the following will occur:


a) Once the violation is known, the Technical Unit of Electoral Disputes of the Executive Secretariat will integrate a f le that will be given to the hierarchical superior of the infringing authority, so that this authority proceeds according to the law;


b) The hierarchically superior authority referred to in the previous subparagraph will communicate to the Institute the measures it has taken in the case, and


c) If the offending authority does not have hierarchically superior authority, the requirement will be handed over to the Supreme Audit Office of the Federation, or its equivalent in the state in question, so that this body proceeds according in the terms of the applicable laws.


458.2. When the Institute knows of the incompliance by the public notaries with the obligations imposed on them by this Law, the Technical Unit of Electoral Disputes of the Executive Secretariat will integrate a f le that will be given to the competent authority, so that this authority proceeds in the terms of the applicable legislation; this authority should communicate to the Institute, within a month, the measures it has taken and the sanctions it has imposed. In any case, the competent authority will order the precautionary measures to ensure that the infringing conduct ceases immediately.


458.3. When the Institute or the Local Public Bodies are aware that a foreigner, by any form, intends to interfere or is interfering in political affairs, they will take the appropriate measures and will immediately proceed to inform to the Ministry of the Interior, for the purposes established by law. If the offender is outside the national territory, the Institute or the Local Public Bodies will inform the Ministry of Foreign Affairs for the appropriate action.


458.4. When the Institute or the Local Public Bodies are aware of the commission of an infringement by ministers, associations, churches or groups of any religion, they will inform the Ministry of the Interior for the appropriate legal effects.


458.5. For the individualization of the sanctions referred to in this Book, once the existence of an violation and its accusation have been con f rmed, the electoral authority should take into account the circumstances surrounding the violation of the administrative rule, among others the following:


a) The seriousness of the responsibility incurred and the benefit of suppressing practices that violate, in any form, the provisions of this Law, in reference to the legally protected rights, or those pronounced based on them;


b) The circumstances of method, time and place of the violation;


c) The socioeconomic conditions of the offender;


d) The external conditions and the means of execution;


e) The reoccurrence in the incompliance with obligations, and


f) Where applicable, the amount of benefit, profit, damage or loss arising from the incompliance with the obligations.


458.6. The offender who having been declared responsible for the incompliance with any of the obligations referred in this Law again commits the same violation to this legislation will be considered as a repeat offender.


458.7. The fines should be paid to the Executive Directorate of Administration of the Institute; if the offender does not comply with the obligation, the Institute will inform the tax authorities so that they proceed to collect it in accordance with the applicable legislation. In the case of the political parties, the amount will be discounted from the f nancing for their ordinary expenses according to the established in the decision.


458.8. The resources obtained by the application of economic sanctions stemming from violations committed by the subjects of the electoral sanctioning regime considered in this Eighth Book will be allocated to the National Council on Science and Technology in the terms of the applicable provisions when they are imposed by the federal authorities, and to the state bodies in charge of the promotion, encouragement and development of science, technology and innovation when they are imposed by the local authorities.


e) The reoccurrence in the incompliance with obligations, and


f) Where applicable, the amount of benefit, profit, damage or loss arising from the incompliance with the obligations.


458.6. The offender who having been declared responsible for the incompliance with any of the obligations referred in this Law again commits the same violation to this legislation will be considered as a repeat offender.


458.7. The fines should be paid to the Executive Directorate of Administration of the Institute; if the offender does not comply with the obligation, the Institute will inform the tax authorities so that they proceed to collect it in accordance with the applicable legislation. In the case of the political parties, the amount will be discounted from the f nancing for their ordinary expenses according to the established in the decision.


458.8. The resources obtained by the application of economic sanctions stemming from violations committed by the subjects of the electoral sanctioning regime considered in this Eighth Book will be allocated to the National Council on Science and Technology in the terms of the applicable provisions when they are imposed by the federal authorities, and to the state bodies in charge of the promotion, encouragement and development of science, technology and innovation when they are imposed by the local authorities.