Home > 2.9 Electoral offences and sanctions > MEXICO - General Law on Electoral Institutions and Procedures of Mexico
 
 
 
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Article 465
 

465.1. Any person can present complaints or reports about assumed violations to the electoral legislation before the centralized or decentralized bodies of the Institute or before the Local Public Bodies; the legal persons will do so through their legitimate representatives in terms of the applicable legislation and the natural persons will so do in their own right.


465.2. The complaint or report could be submitted in writing, orally or through electronic means and should comply with the following requirements:


a) The name of the complainant or accuser with signature or fingerprint;


b) The address to hear and receive notifications;


c) The documents necessary to prove the legal capacity;


d) An express and clear account of the facts on which the complaint or report is based and, if possible, the provisions alleged to be violated;


e) To offer and provide the evidence that the complainant or accuser has or, if necessary, to mention the evidence that should be required, when the complainant accredits that he requested this evidence on time and in writing to the competent body and that it has not been delivered. The complainant should link the evidence with each of the facts, and


f) The political parties should submit the complaints or reports in writing. In the event that the complainants do not prove their legal capacity, the complaint or report will be considered as not having been submitted.


465.3. Except for the assumption included in the last part of the following paragraph, in the case of the omission of any of the requirements listed above, the Technical Unit of Electoral Disputes of the Executive Secretariat will alert the complainant to enable him to correct it within three days. In the same way, the complainant will be alerted when the complaint is imprecise, vague or generic in order to clarify it. In the event that this omission is not corrected, the complaint will be considered as not having been submitted.


465.4. The authority that receives the oral submission of a complaint or report, or the submission through electronic means, should make a record of it, requiring the ratification by the complainant. In the event that the complainant does not come to ratify the report or complaint within three days after he is noti f ed of the citation, the complaint will be considered as not having been submitted.


465.5. The complaint or report could be made before any Institute body, and must be sent to the Technical Unit of Electoral Disputes of the Executive Secretariat within forty-eight hours to be processed, except in the event that the complaint or report requires the ratification of the complainant, in which case it will be forwarded once ratified or, where applicable, when the deadline for this has expired.


465.6. The decentralized bodies which receive a complaint or report on any issue will send it to the Technical Unit of Electoral Disputes of the Executive Secretariat within the timeframe specified in the previous paragraph, once they have carried out the necessary actions to prevent the concealment, damage or destruction of evidence, as well as once they have obtain additional evidence that could contribute elements to the investigation, without such measures implying the early beginning of the investigation.


465.7. The Institute body that submits a complaint will forward it immediately to the Technical Unit of Electoral Disputes of the Executive Secretariat so that it examines it along with the provided evidence.


465.8. Once the complaint or report has been received, the Technical Unit of Electoral Disputes of the Executive Secretariat will proceed:


a) To register it, informing the General Council that it was submitted;


b) To review it to determine whether additional statements or information should be required of the complainant;


c) To analyze it to determine if it should be accepted or rejected, and


d) Where applicable, to identify and request the necessary procedures for the development of the investigation.


9. The Technical Unit of Electoral Disputes of the Executive Secretariat will have five days to issue the admission agreement or rejection proposal, counted from the day in which receives the complaint or report. In the event that additional statements or information was required of the complainant, these days will be counted from the receipt of submission of the required information or from the date on which the deadline expired without the required information having been submitted.