Popular consultation in Mexico: key points of the exercise involving former presidents

This is how they prepare the consultation against former presidents of Mexico 5:30

(CNN Spanish) -

The countdown has already begun for the popular consultation in Mexico that must rule on whether or not several former presidents of the country should be brought to trial for possible illegal acts committed in the past.

On Thursday, July 15, the dissemination in official times of the popular consultation promoted by the government of Andrés Manuel López Obrador began in Mexico.

• This is how the INE prepares for the popular consultation on the possibility of prosecuting former presidents

Uuc-kib Espadas Ancona, advisor to the National Electoral Institute (INE), which is the body in charge of organizing this vote, told CNN that it is the first consultation in Mexico to be held within an established legal framework.

"It is the first (popular consultation) carried out by the INE and the first one carried out within a general legal framework in the country. There has been a history of consultations at the municipal or state level based on local legal frameworks, or some even national consultations. promoted by parties or other types of organizations. In that sense, this is the first national time in which this mechanism of direct democracy has been put into practice, "said Espadas Ancona.

However, to get to this point, there was a whole process, which included constitutional reforms, the law and discussions in the Supreme Court of Justice of the Nation (SCJN).

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When was the popular consultation that could prosecute former presidents approved?

It was a long process.

In November 2018, the still-elected president assured in an interview with Carmen Aristegui that he would hold a popular consultation to bring to trial the former presidents of Mexico who were in office from 1988 to 2018.

However, reforms had to be made to article 35 of the country's Political Constitution first.

These reforms were approved by the country's local Congresses in November 2019 and then published in the Official Gazette of the Federation (DOF) in December of the same year, thus entering into force.

This is when the path to having the popular consultation that is now being promoted really began.

On September 15, 2020, López Obrador, already with more than a year and a half in office, formally proposed to the Senate of the Republic the question for the popular consultation, which read the following:

• “Do you agree or disagree with the competent authorities, in compliance with applicable laws and procedures, investigating, and where appropriate punishing, the alleged commission of crimes by former presidents Carlos Salinas de Gortari, Ernesto Zedillo Ponce de León , Vicente Fox Quesada, Felipe Calderón Hinojosa and Enrique Peña Nieto before, during and after their respective administrations? ”.

In accordance with article 35 of the Constitution, Congress can call a popular consultation at the request of the President of the Republic.

Once the president's petition was completed, the Supreme Court received the Senate's request for a popular consultation on September 15.

And, less than a month later, the Court endorsed the popular consultation, but with a change in the question.

What is the question that will be seen in the popular consultation?

While the question that López Obrador proposed to the Senate included the names of former presidents, the Court eliminated them to make it general and within the framework of the law.

The question, therefore, remained this way and is the one that will be seen on the voting ballots:

• "Do you agree or not that the pertinent actions be carried out in accordance with the constitutional and legal framework, to undertake a process of clarification of the political decisions taken in the past years by political actors, aimed at guaranteeing justice and the rights of potential victims? "

The reaction of the former presidents

The most extensive reaction was from former President Felipe Calderón, who made his position known in a series of tweets on September 15, the same day that López Obrador made the request for a popular consultation to the Senate.

"López Obrador's request to consult the trial of former presidents violates basic guarantees: presumption of innocence, due legal process, justice by an independent court, exclusive investigation by the Public Ministry, protection of life, honor and dignity," Calderón wrote in the first message from a seven-tweet thread.

Request of @lopezobrador_ to consult the trial of former Presidents, is in violation of elementary guarantees: Presumption of Innocence, Due Process of Law, Justice by an Independent Court, Exclusive investigation of the Public Ministry, Protection of Life, Honor and Dignity.

- Felipe Calderón (@FelipeCalderon) September 15, 2020

In this context, the reaction of former President Vicente Fox came the day when the Supreme Court endorsed the popular consultation with the change in the question;

that is, on October 1, 2020.

Fox retweeted a message from businessman Claudio X. González Guajardo, who has positioned himself as one of the biggest opponents of the López Obrador government.

In this retweet, the former president stressed that it was a painful day for democracy.

Very, very painful.

Where are we and where are we going?

They are taking us to the dance !!

Let's wake up Mexicans !!

https://t.co/S771UWDSOA

- Vicente Fox Quesada (@VicenteFoxQue) October 2, 2020

And a day later, Fox returned to speak on the subject, calling the president of the Supreme Court, Arturo Zaldívar, and five other ministers of the body "lackeys".

Yesiiiiiii

What a shame the

Court, rather President Saldivar and his 5 lackeys.

How sad for Mexico !!!

Now who can save us?

YOU and ME, there is no more !!

https://t.co/iRrebatAxF

- Vicente Fox Quesada (@VicenteFoxQue) October 2, 2020

Former presidents Carlos Salinas de Gortari, Ernesto Zedillo and Enrique Peña Nieto have not commented on the popular consultation that could lead them to trial.

When will the popular consultation be?

When López Obrador delivered the petition for popular consultation to the Senate on September 15, the possibility was raised that it would go to the day of the next federal elections;

that is, on June 6, 2021.

However, the official date was not defined until the end of October, after the publication of the official call in the DOF.

Then, the date of the popular consultation will be Sunday, August 1.

In May 2021, reforms to the Federal Law of Popular Consultation were published, where it was established that "the popular consultation or consultations convened by Congress will be held on the first Sunday in August", which ended up securing the date in the legal framework. of the consultation involving former presidents.

Elected deputy defends citizen consultation in Mexico 0:51

What is the popular consultation and why is it important in this case?

According to article 4 of that law, "the popular consultation is the instrument of participation by which citizens, through the casting of free, secret, direct, personal and non-transferable vote, take part in the decisions of the powers that be. public regarding one or several issues of national or regional importance, competence of the Federation ".

As the counselor of INE Espadas Ancona pointed out, the consultation that will take place on August 1 is important because it is the first in the history of the country in a specific and detailed legal framework at the federal level.

The INE emphasizes that it is a consultation so that "actions are taken to clarify political decisions taken in the past."

While the former presidents are no longer explicitly mentioned, they are included within the nature of the question.

However, for the result of the popular consultation to be binding (that is, legal actions can really be started), the participation of 40% of the nominal list of voters in Mexico is needed, according to article 5 of the Federal Law of Popular Consultation.

In the federal elections of June 6, the nominal list amounted to 93,676,029 voters, including citizens abroad 93,676,029 voters, including citizens abroad;

therefore, more than 37 million people need to vote for the consultation to be binding.

What will be seen on the ballot?

Mexicans who will cast their vote on August 1 will see a ballot with the question that was approved.

The ballot will also include a brief description of the subject being consulted, "boxes to vote 'Yes' or 'No', the entity, district and municipality or mayor's office where the vote is cast, as well as the signatures of the president of the General Council of the INE and its executive secretary, "according to the National Electoral Institute.

People will be able to vote at the receiving table corresponding to their electoral section, which they can check on their voting credential.

Uuc-kib Espadas added that 88% of voters will be able to vote in the same location as in the June 6 elections;

However, the other 12% did not because the polls decreased (they are only a third of those of the past elections).

However, if you have questions about where you have to vote, you can click on this paragraph to see the preliminary location of all the polls nationwide.

Popular Consultation Former Presidents Mexico