Home > 2.1.4 Others > MEXICO- Opinion on the Draft Constitutional Amendments Concerning theElectoral System
 
 
 
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Paragraph 39
 

Article V, para. A of the current Constitution sets out the procedure for the election of INE Councillors, requiring that they be persons of recognised prestige. In addition, a public call and the intervention of a technical evaluation committee are prescribed. All these requirements are fully consistent with the technical and independent nature of the electoral administration. The text of the Initiative instead does not include any requirement regarding the technical preparation and qualifications of the Councillors. Moreover, while the text of the Constitution provides an extremely detailed description of the powers and specifics about the operation of the electoral management administration, the Initiative does not set out the rules for the elections to the INEC and the TEPJF (and the electoral system applied). The Venice Commission is of the view that this would be necessary: the composition of the electoral management bodies is an essential element for the credibility of elections. The Code of good practice in electoral matters provides that “[one] way of avoiding manipulation is to define in the Constitution or in a text higher in status than ordinary law the elements that are most exposed” and points to the membership of electoral commissions as one of them. It appears that in the examined Initiative this essential element - ensuring the transparency of the process (the way the members of INEC are elected) - is left out while matters of more technical nature are part of the constitutional text.