In response to the initiative promoted by Morena to sanction foreign interference in electoral processes, the National Action Party (PAN) presented a proposed constitutional reform that seeks to broaden the grounds for annulling an election to include the undue intervention of public officials, including the President of the Republic and governors.
The initiative was presented by federal deputy Federico
Döring, who proposes that an election could be declared null and void when it
is objectively proven, with material evidence, that the head of the federal
executive branch or a state governor used their position to favor a candidate
who ultimately won at the polls.
According to the proposal, the mere existence of political
accusations or media reports would not suffice. The intervention would have to
be demonstrated with sufficient evidence proving illegal and decisive
participation in the electoral process. Once that conduct is verified, the
election result could be nullified and a new process called.
The project considers various scenarios that could
constitute undue interference by public authorities, including the use of
government resources for electoral purposes, the use of public administration
personnel for campaign activities, the exploitation of social programs to
influence citizens' votes, and official statements or actions aimed at favoring
or harming specific candidates or political parties.
The proposal comes after Morena promoted a reform focused on
establishing the annulment of elections when the intervention of foreign
governments, organizations, or actors in national democratic processes is
proven. In response, the National Action Party (PAN) argues that the
legislation should also include sanctions when the interference originates from
within the Mexican public sector itself.
As part of its explanatory statement, the initiative recalls
that during the 2024 federal election process, the Electoral Tribunal of the
Federal Judiciary issued more than twenty rulings and approximately fifty
precautionary measures related to the participation of then-President Andrés
Manuel López Obrador in electoral matters. In these rulings, the court
determined various violations of the principles of impartiality, neutrality,
and fairness in the election.
For the National Action Party (PAN), this precedent
demonstrates the need to strengthen the constitutional mechanisms that
guarantee free and fair elections, regardless of whether the interference comes
from domestic or foreign actors.
However, the proposal faces a complex scenario in the
Congress of the Union. As a constitutional amendment, it requires a two-thirds
majority vote of the legislators present in both chambers, in addition to
approval by a majority of state legislatures. Currently, Morena and its allied
parties have the qualified majority needed to promote or stop modifications of
this type, so the viability of the initiative will depend on the political consensus
it manages to achieve during its legislative discussion.