Home > 2.9 Electoral offences and sanctions > MEXICO - General Law on Electoral Institutions and Procedures of Mexico
 
 
 
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Article 471
 

471.1. When the violation is related to the political or electoral propaganda in radio and television in the states, the competent administrative electoral authority will submit the complaint to the Institute.


471.2. The procedures related to the dissemination of propaganda that is considered libelous can only be initiated at the request of the affected party. Libel is understood as the accusation of false facts or crimes with an impact on an electoral process.


471.3. The complaint must meet 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;


e) To offer and provide the evidence that the complainant or accuser has or, if necessary, to mention the proof that should be required, because the complainant is not able to collect them, and


f) Where applicable, the precautionary measures that are requested.


471.4. The Institute body that receives or promotes the complaint will immediately forward it to the Technical Unit of Electoral Disputes of the Executive Secretariat, so that this body will review it together with the submitted evidence.


471.5. The complaint will be directly dismissed, without any precaution, by the Technical Unit of Electoral Disputes of the Executive Secretariat when:


a) It does not meet the requirements set out in paragraph 3 of this article;


b) The allegations do not constitute a violation regarding political-electoral propaganda;


c) The complainant does not provide or offer any evidence of his statements, or


d) The complaint is obviously frivolous.


471.6. The Technical Unit of Electoral Disputes of the Executive Secretariat should admit or dismiss the complaint during the 24 hours following its reception. In the case of dismissal, the Secretariat will notify the complainant of its resolution, by the most expeditious means available to it, within twelve hours; such a decision must be confirmed in writing and the Specialized Chamber of the Electoral Tribunal will be informed of it, for its knowledge.


471.7. When the Technical Unit of Electoral Disputes of the Executive Secretariat admits the complaint, it will summon the complainant and the respondent to appear at a hearing of evidence and allegations, which will take place during the forty-eight hours following its admission. In the respective writing, it will inform the respondent of the infringement that he is accused of and he will be given a copy of the complaint with the annexes.


471.8. If the Technical Unit of Electoral Disputes of the Executive Secretariat considers it necessary to adopt precautionary measures, it will propose them to the Complaints and Reports Commission within forty-eight hours, in the terms established in article 467 of the Law. This decision could be appealed to the High Chamber of the Electoral Tribunal.