ELECTORAL TRAINING AND ADMINSTRATION

INTERNATIONAL WORKSHOP

Centrul de Instruire Continuă în Domeniul Electoral

INDEX

I. PRESENTATION 2

II. PARTICIPANTS 6

III. AGENDA 16

IV. POLITICAL-ELECTORAL CURRENT CONTEXT IN MEXICO 21

V. CHARACTERISTICS OF THE MEXICAN POLITICAL-ELECTORAL SYSTEM 23

VI. CHARACTERISTICS OF THE POLITICAL-ELECTORAL SYSTEM OF PANAMA 39

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Mexico City, March 3rd. – 7th, 2014

I. PRESENTATION

The General Council of the Federal Electoral Institute approved the creation of the International

Center for Electoral Training and Research (CICIE, by its acronym in Spanish) in September, 2010. Its

purpose is to offer an international forum for training, updating and professionalization to electoral functionaries

worldwide, in order to provide with new aptitudes (knowledge and skills) and new attitudes (values and

behaviors) thru different training programs addressed to those responsible for organizing and managing the

electoral processes, but under an empirical approach of sharing experiences, best practices and knowledge in

the frame of an horizontal cooperation, therefore active participation in society of several actors of the

international electoral system, is important to enhance the electoral activities.

This initiative aims to justify the complexity in elections organization in which, during the last decade,

new dynamics and challenges have emerged, such as: over sighting of public and private funding of political

parties and campaigns, regulation of political advertising and election campaign periods, the use of new

technologies for issuing and counting votes, immediate provision of preliminary results, vote from abroad and

political representation of expatriates, limitation on campaign expenditures and other mechanisms to ensure

equitable conditions in competition.

In this sense, it is important to refer the main precedent of the Centre. It is the International

Programme for Electoral Training and Research (PICIE) an horizontal cooperation mechanism, developed

by IFE with the United Nations Development Programme in Mexico and the Federal Electoral Court. This

Programme was addressed to senior managers and executives officers, under a scheme of medium and large

term perspective. It emphasizes strategic planning for political leadership on technical aspects into the

electoral management. It also motivates the participation of other partners like the Foreign Affairs Ministry of

Mexico (SRE), the International Foundation for Electoral Systems (IFES), the Association of European

Elections Officials (ACEEEO) and the International Institute for Democracy and Electoral Assistance

(International IDEA), among others.

From March 2004 to September 2012, under this Programme, 36 international workshops have been

realized. And forward the CICIE has continues providing these cooperation activities. Keeping ongoing

activities we have realized to date 49 workshops to foreigner delegations. To this new effort of CICIE, the

Foreigner Affairs Ministry of Mexico, through the Mexican International Cooperation and Development Agency

(AMEXCID, by its acronym in Spanish) and the Federal Electoral Court of Mexico (TEPJF, by its acronym on

Spanish) have joint them.

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We have responded the requests from electoral authorities of the five continents as described in the

following table:

Africa America Asia Europe Total

2004 Haiti Iraq 2

2005 El Salvador

(2) Guatemala

3

2008 Bosnia &

Herzegovina 1

2009 Zambia South Africa

Guatemala

East Timor Lebanon

The Philippines

6

2010 Burundi

Botswana Benin

Argentina (2) Macedonia 6

2011 Ethiopia, Botswana and Kenya

Venezuela Guatemala

Nepal East Timor Afghanistan

Ukraine Georgia

10

2012

Egypt; Egypt, Libya y Tunisia; Nigeria Ethiopia

Costa Rica Peru

El Salvador Guatemala

Rumania Croatia

10

2013 Nigeria

Ecuador (4), Bolivia; Peru y Colombia;

Haiti

Indonesia 9

2014 Cameroon Ecuador 2

Total 14 21 8 6 49

Within this framework, this International Workshop will assume the responsibility of providing in a comparative

perspective and exchange of experiences the main electoral challenges faced, between Mexico and Moldova.

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INTERNATIONAL WORKSHOP OF ELECTORAL TRAINING AND ADMINISTRATION FOR THE CENTRAL

ELECTORAL COMMISSION AND THE PERMANENT TRAINING CENTRE OF THE REPUBLIC OF

MOLDOVA

a) Background

On December 2008 the PICIE and the Association of European Electoral Officials (ACEEEO)

developed an international workshop to the Bosnian-Herzegovinian EMB. Due to the obtained results and the

stretch cooperation between institutions, on March 2009 the Federal Electoral Institute (IFE) and ACEEEO

signed a cooperation agreement, framework of the International workshop for the Macedonian Electoral

Commission in February 2010; further on February 2011 for the Central Electoral Commission of Ukraine and

on October of the same year to the Central Electoral Commission of Georgia. The same year we realized a

workshop for the Permanent Electoral Authority of Romania, one more in 2012 for the State Electoral

Commission of Croatia. Today we develop an international workshop on Electoral Training and Administration

to the Central Electoral Commission (CEC) and the Permanent Training Centre (CICDE) of the Republic of

Moldova.

This International cooperation responds to the request of the President of CEC, Iurie Ciocan, sent

past September to participate on the programmes offered by the International Center for Electoral Training and

Research (CICIE).

b) Workshop Objectives

To contribute to the institutional strengthening of the Electoral Central Commission of

Moldova through the exchange of knowledge and experiences in order to improve the

administration processes.

To exchange technical and practical elements in order to collaborate with the Electoral

Central Commission of Moldova and its Continuos Training Centre in their objective to

provide training and professionalization mechanisms on electoral administration at every

level, national and local.

To share useful experiences and best practices of technical elements at electoral

organization in Mexico and in a comparative perspective with Panama on specific affairs

expressed by the CEC.

c) Methodology and Main Topics

In order to fulfill needs and expectations expressed by the delegates of CEC and CICDE, the program includes

the following topics:

Comparative perspective on electoral systems

Voters’ Registry

Electoral Training Programs

Electoral organization (electoral documentation, logistics and voting mechanisms)

Political parties’ prerogatives, financing and media access

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Expenditures control of political parties’ financing

Vote from abroad

Permanent Training to Electoral Servants To optimize the exchange of knowledge and empirical practice between your delegation and the Mexican

electoral authorities and other international experts, hereby the dynamic of the Workshop:

1. The sessions will start with the presentation of the Central Electoral Commission of Moldova

regarding the problematic and challenges faced by your institution related to the topic of the

session.

2. Later on, the same topic will be presented from a comparative experience, in this case the

Mexican, and the Peruvian.

3. The Mexican Federal Electoral Court participation will consist in share its own experience in

training programmes and methods designed to the electoral servant service, in a point of

view of the electoral justice.

4. Every session will have time at the end for exchange and questions.

5. All sessions will have simultaneous translation English-Spanish-English.

d) Organizers

The International Workshop, to be held in Mexico City from March 3rd. to 7th, has been organized by the

partners of the International Centre for Electoral Training and Research of the Federal Electoral Institute, and

the Mexican Federal Electoral Court (TEPJF) with the support of our partners, AMEXCID and in the framework

of the Memorandum of Understanding with ACEEEO.

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II. PARTICIPANTS’ PROFILES

Delegation´s Profiles

Doina Bordeianu, Deputy Director of the Permanent Training Centre. She has a Bachelor in Public Administration; a Master in European Studies and currently she is studying a PhD at Alexandru Ion Cuza University. Former Head of Section at the Training and Civic Education Secretariat Office, previously she was Advisor and the Senior Advisor for the same office. She has been part of Electoral Missions in Hungary, Russia, Romania and Austria. Worked for the Basa-Press Agency as Journalist, Junior Assistant to the Jean Monnet Conference. Is Facilitator of BRIDGE Project. She has published on electoral and political affairs.

Pasat Corneliu, Communication Deputy Head of the Office of Massive Media Communications and Public Liaisons of the CEC. Has a Bachelor in International Relations for the State University of Moldova. Currently is in charge of design and execution of Information and Electoral Training Project, public liaisons of the CEC with International organisations. From 2007 to 2012 he was CEC’s Consultant for the Training and Civic Education Secretariat Office. He worked for Techno Food, MOMIO and Cristal Flor. He is Facilitator of BRIDGE Project.

Cristina Cucurdza,

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Opening Session

Marco Antonio Baños, current President of the Federal Electoral Institute. He has a Master in Comparative Public Policies by the Social Sciences Latin American School (FLACSO) and a Bachelor in Law by the National Autonomous University of Mexico. He is a founder member of IFE, was Executive Director of the following sections of the institute, Statistic’s and Documentation; of the Electoral Servant Service and of the Secretariat. In 2008 he was appointed as Electoral Counsellor to the General Council of the Institute, as Counsellor chaired the following commissions: Electoral Servant Service, Electoral Training and Civic Education and Electoral Registry. He has published at several specialized publications on electoral and political affairs. Author and joint-author of many books among the most representatives are “Democracy at Digital Era”; “Democratic Monitor”; “Challenges to the Electoral Registry” and “Treat in Comparative Electoral Law in Latin America”.

Pedro Esteban Penagos, Magistrate of the Superior Chamber of the Federal Electoral Court of Mexico. He has a PhD. in Law by the National Autonomous University of Mexico. He was appointed at his current assignment in 2006. He is part of the Judiciary Branch since 1975 and has done the judicial career. He achieved the non-mobility in 1993 by its ratifications on the branch. He was Under-secretary for the Clerk Office of the Supreme Court of Mexico, where he has held several posts including: Regional Chamber Magistrate at the Federal Electoral Court; Circuit Magister on the administrative branch of the Federation; District Judge, Circuit Magister on Labor Affairs and Instruction Secretary for the Supreme Court, among others. He has several publications on legal affairs; he is co-author of “Appealing System on Electoral Affairs General Law, commented” and “State Reform and the Judiciary System of Mexico”. He has been granted with the Constitutional Guarantees Class at the National University and in the Judicial Specialization Institute. He has been national and international key speaker on different congress and conferences.

Doina Bordeianu, Deputy Director of the Permanent Training Centre. She has a Bachelor in Public Administration; a Master in European Studies and currently she is studying a PhD at Alexandru Ion Cuza University. Former Head of Section at the Training and Civic Education Secretariat Office, previously she was Advisor and the Senior Advisor for the same office. She has been part of Electoral Missions in Hungary, Russia, Romania and Austria. Worked for the Basa-Press Agency as Journalist, Junior Assistant to the Jean Monnet Conference. Is Facilitator of BRIDGE Project. She has published on electoral and political affairs.

Alonso Borrego Llorente, Member of the Mexican Diplomatic Service, he is Advisor to the General Director of Europe in Political Affairs at the Foreigner Affairs Ministry of Mexico. He has a Bachelor in International Relations and a second one in Administration, both by the Technologic Autonomous Institute of Mexico. He has studies at the Matías Romero Institute of the Foreigner Ministry

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Topic 1: Electoral Systems, Mexico and Moldova

Terms of Reference

To present current situation, problems and challenges of the politic and electoral systems

EMB’s members nomination procedure, EMB´s functions and attributions.

Citizenship perception of the EMB

Relationship between EMB and Political Parties

Current implementation of a Political-Electoral Reform.

Speaker

Carlos Navarro, since 1993, is head of the Direction of Electoral Studies and Political Affairs at IFE’s International Affairs Unit. He obtained a B.A. in International Relations and a Master’s degree in Latin American Studies from the Faculty of Political and Social Science of the National Autonomous University of Mexico (UNAM). He has been IFE’s representative at international electoral observation missions and has provided technical assistance on electoral organization, voting from abroad, electoral systems, over sight and regulation of political parties’ and campaigns’ financing for Afghanistan, Iraq, Haiti and East Timor. He has been also speaker at several regional, continental and international forums organized by international associations of electoral authorities. He has prepared and authored publications for the Federal Electoral Institute directed to international community and many international compared studies on political and electoral issues. He also has coordinated translation and adaptation of the Administration and Cost of Elections Project to spanish, main source of electronic information on key subjects and options on elections. (www.aceproject.org)

Manuel Carrillo has been Chief of Staff of the International Affairs Unit at the Federal Electoral Institute of Mexico since 1993. He obtained a B.A. in Political Science and Public Administration from the Faculty of Social and Political Science of the National Autonomous University of Mexico, and a Master’s degree in Political Science at the Center of International Studies of El Colegio de México. He worked in the public officials’ training program at the National Institute of Public Administration (INAP), as well as in several governmental agencies, such as the Ministry of the Interior and the President’s Office. He has participated in several electoral observation missions and technical assistance projects. He has written several articles on electoral issues, and collaborated in the second edition of the Electoral Dictionary published by the Centre for Electoral Promotion and Assistance of the Inter-American Institute of Human Rights (IIDH/CAPEL).

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Topic 2: Electoral Register

Terms of Reference

Describing the current situations, problems and challenges of electoral register, according with

following:

Characteristics of electoral register and voting ID card

mechanisms and procedures to updating and debugging the electoral roll

Training electoral officers in charge of Register

Informative campaigns to citizens

Speakers

René Miranda, in charge of the Executive Direction of the Federal Electoral Register Office. Former General Coordinator of the Technical Unit of Informatics Services of IFE. He is Electric and Mechanical Engineer for the National Autonomous University of Mexico (UNAM) with specialization in Electronic and Communications; he has a Master degree in Informatics Technologies and Administration from the Autonomous Technology Institute. He was Project Supervisor for the General Direction of Computing Academic Services of UNAM. Under-director of Communications and later, Computing Coordinator of the Electoral Preliminary Results Programme of IFE. He has designed the Project National Network of Informatics of the institute and coordinated activities related of network administration of the same project, also developed an institutional information service. He was Operations Director of the Technical Unit of Informatics Services of IFE since where he has the responsibility of implementation of the Informatics National Network of the Institute (RedIFE), there he also participated in technologic update projects to the Informatics System of the Electoral Registry.

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Topic 3: Political Parties’ Prerogatives (Financing and Media Access)

Terms of Reference

Expose media access mechanisms and it characteristics in each electoral system, media

access procedures and its managements.

Characteristics of Political parties’ Funding Regulation

Characteristics of the Mexican Integral System for Managing Media State Times

(SIATE, by its acronym in spanish)

Speaker

Alfredo Rios Camarena is the Head of the Executive Direction of Political Parties and Prerogatives at IFE. He has a B.A. in Law by the Autonomous Technologic Institute of Mexico with the specialization on Private Law. Has a MSc at the Post graduate Law Faculty in UNAM. He was Advisor of the Political Development Under Secretary at the National Affairs Minister. His first appointment to IFE was Executive Officer at District Level. Since 1996 by opposition exam he was appointed as Instruction Secretary at the Federal Electoral Court. At the Local Elections Institute of Mexico City he was Executive Director for Political Associations. Since 2008 works by IFE among other posts as Advisors’ Coordinator for the Presidency of the Institute and the Temporaries- Chairman of the Executive Direction of Administration and of Legal Office. He was appointed in 2011 at his current post as Temporary Chairman and later Head of the Office.

Topic 4 : Equity and Accountability for Political Parties

Terms of Reference

Mexican experience in resources oversight of political parties

Mechanisms to present funding reportsMechanisms of verification of campaign

expenses

Sanctions

Legal mechanisms for loss of political parties registration

Speaker

Alfredo Cristalinas holds a degree in Accounting by the National Autonomous University of Mexico. He has held several positions at the Tax Revenue Administration Service Office. From 2007 to 2009 he was Manager of Planning and Programming in the General Administration of the Federal Tax Audit. He is a member of the Accountability and Governmental Auditing Commission of the Public Accountants College of Mexico. He has participated at International Meetings of Internal Auditing and in conferences on Tax Administration. He has published articles in national newspapers and magazines. In 2009 he was appointed General Director to the newborn Oversight Unit for Political Parties Resources

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Topic 5 Civic Education and Diffusion Programs, Case Studies

Terms of Reference

Sharing experiences means and mechanisms to promote citizen’s participation and

electoral training:

Electoral Training addressed to Polling Station Officers

Dissemination Strategy for Citizen’s participation

Relationship with NGOs

Speaker

Luis Javier Vaquero Ochoa holds a B.A. in Law by the National School of Professional Studies of the National Autonomous University of Mexico; and a Masters’ degree in Sociology by the Autonomous Meritorious University of Puebla. He has participated in seminars, congresses and workshops regarding human rights and environment. He has taught the following course: Law, Society and State, and Social Problems in Mexico. He has worked in two nongovernmental organizations; as Project Coordinator at Civic Alliance and as external Legal Advisor at “Capolihtic” Social Solidarity Society. He was Coordinator of the B.A. in Political Sciences at the Ibero-American University. He has been two times Electoral Councilor at the Federal Electoral Institute (IFE); the first time from 1999 to 2000, and the second time from 2002 to 2003. During the first period, he chaired the Electoral Training and Civic Education Commission. At the Human Rights Local Commission of Mexico City, he worked as Advisor and Coordinator of Advisors to the Presidency, and as Executive Secretary. Currently he is the Executive Director of the Electoral Training and Civic Education at the IFE.

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Topic 6 Electoral Organization

(Material, Logistics and Voting)

Sharing a tripartite experience, the Panama experts will share about their own challenges faced and the way they overcome them;

Election Day

Vote Tallying

Electronic vote

Electoral Results Transmission

from a comparative perspective the Mexican experts will share experience and achievements in electoral organization field:

Mexican Electoral Organization (materials and logistic taskforce to develop a federal electoral process)

Voting and Tallying Procedures

E-voting: advantages and disadvantages

Quick Counts and the Mexican Electoral Preliminary Results Programme (PREP by its acronym in spanish)

PREP general overview and operative process

PREP’s officials Training

Miguel Angel Solís is Executive Director of the Electoral Organization in IFE. He holds a degree in Education and specializes in Spanish Literature and Language by the Superior Teaching Training School in Oaxaca (1974-1978). He is graduated in Education Science, specialized in Educative Research. He is permanent member of the Permanent Servant Service of IFE. Also, he was designed as Local Executive Authority in 1991 to 1993. Between 1993 and 1999, he worked as Electoral Organization authority in the Electoral Local Board. In 1999 to 2004 he was designed as IFE´s delegate in Baja California.

Gerardo Martínez is graduated from the National School of Teachers. From 1974 to 1991 he was professor at different public and private institutions. Since 1992 works at the Federal Electoral Institute where he has held different positions: he was Department Officer in the First and Third Circumscription; Executive Officer of District 01 in Tuxtla Gutiérrez, Chiapas; Deputy Director of the Third Circumscription; Executive Secretary of the Local Board of Veracruz; Director of the Forth Circumscription. Since 1999 he is Director of Statistics and Electoral Documentation. He has been speaker at different, national and international, forums including Master’s programs in electoral law. He has advised different countries on electoral affairs such as Haiti.

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Topic 7

Voting from Abroad

Terms of Reference

Sharing lessons learned by the EMBs, challenges of organization and citizens

participation, a view to tallying procedures, budgetary disadvantages:

Voting from Abroad Mechanisms

Dissemination Programs

Problems and challenges for voting from abroad

Speaker

Es Licenciado en Relaciones Internacionales por el Tecnológico de Monterrey, Ciudad de México y Maestro en Cooperación Internacional para el Desarrollo por el Instituto Mora, Durante el PEF 2011-2012 se desempeñó como Jefe de Departamento de Vinculación con Instituciones en la Coordinación del Voto de los Mexicanos Residentes en el Extranjero, ha colaborado en el Instituto de los Mexicanos en el Exterior de la SRE y en El Colegio Mexiquense. Actualmente es Líder de Proyecto de Vinculación con Instituciones en la Oficina de Vinculación Electoral de Mexicanos en el Extranjero.

Jorge Humberto Torres, currently Temporary Head of the Technical Unit of Informatics Services (UNICOM). He is Engineer in Computing from the National Autonomous University of Mexico (UNAM). From 1994 to 1999 worked at the General Direction of Academic Computing Services of UNAM at Telecommunication area. In 1997 he was member of the joint taskforce of the Electoral Preliminary Results Programme on behalf of UNAM; the programme was for the first time public published on the internet. After that, he joined IFE in 1999 as Communication Under director at the Technical Unit of Informatics Services, in 2001 was appointed as Operations Director of the same Unit. He has been Technical Coordinator for the Electoral Preliminary Results Programme at 2006, 2009 and 2012 federal elections.

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Topic 8 : International Training Programmes and Electoral Service Training

Terms of Reference

Presenting the main reasons for the establishing specialized training centres for electoral officials

and the international cooperation programs as a mechanism to collaborate in the domestic

objectives:

On the Mexican side, by constitutional mandate IFE must enhance and promote their electoral

officials training and development, both EMBs constituted training centres: Centre for Democratic

Development (CDD) and the Professional Electoral Service, who are nominated to the IFE’s

decentralized offices and the Centre for Electoral Judicial Training (CCJE) of the Federal

Electoral Court:

Main characteristics and functions

Modality of Training Programs (personal, e-learning and b-learning)

Specific Training to Political Parties

Financing and structure

An Electoral Professional Service

International Programmes

Strategic Planning

Why an international training cooperation centre

Speakers

Kenji Sato, Deputy Director of Educational Technology on the Democratic Development Centre. He has a B.A. in Communications. His professional experience includes knowledge of Project Management on a basis of informatics technologies and communications with a specialization on dissemination, e-commerce and on-line education.

Edith Cárdenas, Project Leader, responsible of the Methodological Area at the Centre for Democratic Development. She has a B.A. in Pedagogy, a MBA. on New Technologies applied to Continuous Education, and on curricular planning, on-line education, design on educational materials, ITCs applied to education, web 2.0 and on-line training. Professional experience in techno-pedagogical design on on-line training and in development of new educational projects using technologies.

Carlos Báez, Director of the Centre for Electoral Judicial Training (CCJE). He has a Bachelor in Law, MBA. In Political Science and PhD. In Law from the National Autonomous University of Mexico (UNAM). Previously at the Electoral Court was appointed as Research Unit Head and Study and Procedure Secretary to Magistrate. He has co-authored several books, among other titles, “The Evidency in Mexican Electoral Law”; Intervention of State Organisms into Political Parties’ Internal Life”; “Mexican Electoral Law: judicial perspective”. He has taught at private and public universities in Mexico. He is member of the National Researcher System ay I level. He has written many specialized articles of electoral affairs.

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Ubléster Damián Bermúdez, Deputy Director for Programs and Dissemination Policies of the Executive Direction of the Professional Electoral Service at the institute. He is PhD. In Political Science, Sociology and Anthropological Sociology by the Autonomous University of Madrid. He has a MBA in Political Sociology by the Institute Dr. José María Mora, has a B.A. on Political Science by the National Autonomous University of Mexico. Is member of the scholarships programs of the following usntitutions , National Bank of Mexico, Education Minister; National Council of Sciences and Technology and of MacArthur Foundation Scholarship Programs. Since 1999 he has a long career in the Federal Electoral Institute.

Pedro Grández is Director of the Electoral and Governance School of the National Jury of Elections of Peru. He has a B.A. in Law for the National University of San Marcos, a MBA on Law in Political Jurisdiction for the Catholic University of Peru and has concluded studies of PhD. in Constitutional Guarantees Interpretation by Castilla-La Mancha University in Madrid.

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III. AGENDA

Monday, March 3rd., 2014. (Multi - Purpose Room. Building A, Headquarter)

Welcoming Session

10:00 to 10:05 h Introduction, Manuel Carrillo, Chief of Staff of the International Affairs Unit, IFE 10:05 to 10:10 h Martín Borrego, Political Affairs Advisor for Europe, Foreign Affairs Ministry 10:10 to 10:15 h Pedro Esteban Penagos, Magistrate of the Federal Electoral Court, TEPJF 10:15 to 10:20 h Doina Bordeianu,, Deputy Director of the Permanent Training Center 10:20 to 10:25 h Marco Antonio Baños, President Councilor, IFE 10:25 to 10:30 h Break

Topic 1: Electoral Systems of Mexico and Moldova Moderator IFE 10:40 to 11:10 h The Electoral System of Moldova

Main Challenges of the current electoral context

Representative of CEC Moldova 11:10 to 11:30 h Exchange Session 11:30 to 12:00 h The Mexican political system

Political reforms

The Democratic Transition Context

Carlos Navarro, Director of Electoral Research and International Projects 12:00 to 12:20 h Exchange Session 12:20 to 12:30 h Break 12:30 to 13:00 h IFE’s main characteristics, mandate and functions

Functions and responsabilities

Relationship between centralized and decentralized bodies

Main challenges for IFE with the upcoming electoral reform

Carlos Navarro, Director of Electoral Research and International Projects 13:00 to 13:30 h Exchange Session 13:30 to 13:45 h Visit to the General Council’s Room

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Tuesday, March 4th, 2014 (Multi - Purpose Room. Building A, Headquarter)

Topic 3: Political Parties Prerogatives (Financing and Media Access)

Moderator IFE 11:20 to 11:40 h Funding mechanisms and media access for political parties in Moldova

Representative from the Moldovan Delegation 11:40 to 12:10 h Characteristics of political parties funding in the Mexican electoral system

Alfredo Ríos Camarena, Executive Director of Prerogatives for the Political Parties 12:10 to 12:30 h Exchange Session 12:30 to 13:00 h The Mexican integral system for managing media State time (SIATE, by its acronym

in Spanish) Alfredo Ríos Camarena, Executive Director of Prerogatives for the Political Parties

13:00 to 13:20 h Exchange Session 13:20 to 15:30 h Lunch

Topic 2: Voters Registration Moderator IFE 09:30 to 09:50 h Current Situation and Challenges: Voters registration and voters ID Card

production in Moldova Representative from the Moldovan Delegation

09:50 to 10:10 h Exchange Session 10:10 to 10:50 h Electoral registration in Mexico

Updating mechanism and procedures

Characteristics of the voting ID card

Training to electoral officials in charge of the registration

Informative campaigns towards citizens

René Miranda, Executive Director of the Federal Electoral Register, IFE 10:50 to 11:10 h Exchange Session 11:10 to 11:20 h Break

Topic 4: Equity and Accountability for Political Parties Moderator IFE 15:30 to 15:50 h Political parties accountability in Moldova: current situation and challenges

Representative from the Moldovan Delegation 15:50 to 16:10 h Exchange Session 16:10 to 17:00 h IFE’s experience in over sight the resources of political parties

Control regime

Judicial Framework

Sanctions and consequences

Alfredo Cristalinas, Chief of Staff of the Over Sight of Political Parties’ resources unit, IFE 17:00 to 17:30 h Exchange Session

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Wednesday, March 5th, 2014 (Multi - Purpose Room. Building A, Headquarter)

Topic 5: Civic Education and Diffusion Programs Case Studies

Moderator: IFE 09:30 to 10:30 h Civic education and Diffusion programs 15 min each Moldova Panama Mexico 10:30 to 10:50 h Exchange session 10:50 to 11:50 h Electoral training directed to polling station officers 15 min each Moldova Panama Mexico 11:50 to 12:10 h Exchange session 12:10 to 12:20 h Break 12:20 to 13:20 h Diffusion programs during the electoral process

Relation with media

Communication strategies 15 min each Moldova Panama Mexico 13:20 to 13:40 h Exchange session 14:00 to 15:30 h Lunch

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Thursday, March 6th, 2014 (Multi - Purpose Room. Building A, Headquarter)

Topic 6: Electoral Organization (Electoral Material, Logistics and Voting) Moderator IFE

09:30 to 09:50 h Current situation and challenges for electoral organization in Moldova Representative from the Moldovan Delegation

09:50 to 10:10 h Exchange Session

10:10 a 10:30 h

Panama’s electoral organization

Election day

Vote counting

Transmission of electoral results

Carlos Díaz, Director of the Centre for Democratic Studies Electoral Tribunal of Panama 10:30 a 10:50 h Exchange Session 10:50 a 11:00 h Break

11:00 a 11:30 h

Mexican electoral organization: materials, logistics and electoral process development. Miguel Ángel Solís, Executive Director of Electoral Organization, IFE Gerardo Martínez, Director of Documentation and Electoral Statistics, IFE

11:30 a 11:50 h Voting and Counting Mechanisms Miguel Ángel Solís, Executive Director of Electoral Organization, IFE Gerardo Martínez, Director of Documentation and Electoral Statistics, IFE

11:50 a 12:10 h Electronic Voting: Advantages and Disadvantages Miguel Ángel Solís, Executive Director of Electoral Organization, IFE Gerardo Martínez, Director of Documentation and Electoral Statistics, IFE

12:10 a 12:30 h Exchange Session 12:30 a 12:40 h Recess

12:40 a 13:10 h

Quick count and the Mexican Program for Preliminary Results

PREP general overview and operative process

PREP officials training Jorge Torres, General Coordinator of Informatics, IFE

13:10 a 13:30 h Exchange Session 13:30 a 15:30 h Lunch

Topic 7: Voting from abroad Moderator IFE 16:00 to 17:00 h Voting from abroad mechanisms 15 min each Moldova Panama Mexico 17:00 to 17:45 h Voting from abroad diffusion programs

10 min each Moldova Panama Mexico 17:45 to 18:30 Problems and challenges for voting from abroad mechanisms 10 min each Moldova Panama Mexico 18:30 to 18:50 Exchange Session

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Friday, March 7th, 2014 (Multi - Purpose Room. Building A, Headquarter)

Topic 8: International Training Programs and Electoral Service Moderator IFE 09:30 to 09:50 h The Center for Continuous Training of Moldova: current situation and challenges

Representative from the Moldovan Delegation 09:50 to 10:10 h Exchange Session 10:10 to 10:30 h Democratic Studies Center

Carlos Díaz, Director of the Centre for Democratic Studies Electoral Tribunal of Panama 10:30 to 10:50 h Exchange Session 10:50 to 11:10 h Center for Democratic Development

Main functions and characteristics

Training programs: personal, e-learning and b-learning

Training programs directed to Political Parties Edith Cárdenas & Kenji Sato, Center for Democratic Development, IFE

11:10 to 11:40 h Exchange Session 11:40 to 12:00 h Center for Electoral Judicial Training, TEPJF

Main characteristics and functions

Financing and Structure

Programs Carlos Báez, Director of the Center for Electoral Judicial Training, TEPJF

12:00 a 12:20 h Exchange Session 12:20 a 12:30 h Recess 12:30 a 12:50 h The Electoral Professional Service

Main characteristics and functions

Members of the Electoral Professional Service Ubléster Damián Bermudez, Policies, Programme and Diffusion Under Director of the Executive Direction of the Professional Electoral Service, IFE

12:50 a 13:10 h Exchange Session 13:10 a 13:30 h Electoral and Governance School of the National Jury of Elections of Peru (ESEG)

Main characteristics and functions

Strategic Planning

International programs

Pedro Grández, Director of the Electoral and Governance School 13:30 a 13:50 h Exchange Session

13:50 a 14:10 h Closing Session

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IV. CURRENT POLITICAL-ELECTORAL CONTEXT IN MEXICO

With the Possession Act of the current President of the Republic1 a new instrument was subscribed between

the federal government and the principles country’s political forces, the document was named “Pact for

Mexico”. In this document the federal executive holder proposed to the political forces a series of structural

and substantial reforms, at very different fields, under his consideration of a better management and

development of the country.

They will work to reform key sectors of the country: energy, financing, telecommunications, public treasury and

the political among others, this last one take us to an electoral reform. It was said a reform on electoral affairs

it was necessary to improve Mexican democracy.

In Mexico, for a constitutional reform could be approve, it is necessary to obtain 50% plus one of the local

congresses approval, which means 16 votes2 of local congresses, it happened last February. To it

consequently implementation, Union Congress must issue regulatory laws, those ones needed under the

reform; Political Parties’ General Law, a new Code for Electoral Institutions and Procedures, Electoral Crimes

General Law, and still pendant of the 2012 electoral reform there are Independent Candidatures Law and a

People’s Consultancy Regulatory Law, so as approve Appeals on Electoral Affairs General Law’s additions.

As key points to be modified by the reform, we can mention the following:

On Political Affairs:

a. Senators and Deputies to the Union Congress’ reelection

b. Change on the starting date of Presidential mandate, therefore on Congress Installation’s date, for

that purpose

c. Some faculties of the Senate and the Chamber of Deputies3

d. Faculties and obligations of the President of the Republic

e. Constitution and transition to new constitutional autonomous organisms

f. Transition, autonomy and new faculties of a General Prosecutor Office of the Republic

g. Some aspects regarding judiciary prosecution and law enforcement

h. Consecutive reelection on local appointments4 for one period more, when this no exceed a three year

term and to local deputies even up to four consecutive periods, among others

On Electoral Affairs:

The Constitution of the National Electoral Institute as superior authority of electoral administration

bodies

Increase of the number of Electoral Councilors to the General Council to ten members

No reelection of the President Councilor and extension on its appointment term from six to nine years

1 December 2012. 2 There are 31 states and a Federal District in the Republic. 3 Issuing of laws, included electoral crimes general law and law regarding competition of duties on electoral function 4 Municipalities.

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Inclusion of a new core principle of the institute, “maximum publicity”

The General Council will appoint local General Councils

A new national law that rules all electoral institutions and procedures in the country

Faculty of INE, under local EMB request to manage the local electoral process

Addition of new nullity causes, applicable to federal and local fields

To obtain at least 3% of the issued valid voting to maintain the political party registry5

Change on federal elections’ date6

Federal Electoral processes start a month earlier

Obligation of staggered change on local elections dates in order to match to federal elections day

Prerogatives to independent candidates under the frame of a new law (without issued), among others

Reform was signed by the President the past February tenth, two thousand fourteen; implementation process

has begun; issue of new laws required to regulate the reformed aspects must be approved and published in

the forthcoming months. Extinction of IFE must open INE’s constitution, financing, budgetary, material and

human resources of the first one shall pass entirely to INE and these will give continuity on the work plan and

usually professionalism which with the staff works since 1990 when the Federal Electoral Institute was created.

5 Not applicable when a political party with national registry participate at local elections 6 Under the actual law, a federal election shall be celebrate on the first Sunday of July, under the reform it settle up a month earlier.

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V. THE MEXICAN POLITICAL-ELECTORAL SYSTEM

a) Political System

Political Organization: Representative, democratic and secular federal republic, integrated by 32

autonomous entities within them but integrating a Federation (31 states and a Federal District7).

Form of Government: Presidential, with separation of powers

Federal Executive Branch: unipersonal and hold in the President of the Republic, who is elected by direct

and popular vote for a single six-year term. The president may not serve a second term under any

circumstances. The President acts as both, Head of State and Head of Government.

Federal Legislative Branch: resides in the Honourable Union Congress, composed by a bi-chamber system:

The Senate and the Chamber of Deputies. The Chamber of Deputies is integrated by 500 members that serve

three-year terms with the current implementation of the 2013 political-electoral reform8 they could be

consecutive re-elected even for four terms, which represents up to 12 years. The Senate is integrated by 128

members with a term of six-year terms, with the current reform could be re-elected even for two consecutive

terms, also maximum of 12 years.

Federal Judiciary Branch: presided by the Highest Court in the Country, Supreme Court of Justice of the

Nation, the judiciary function besides is deposited at the Electoral Court of the Federation, Circuit Tribunals

and District Courts. With exception of the Supreme Court, the Federation Judiciary Council oversights and

runs disciplinary procedures to organisms’ members of the branch.

b) Electoral System

Mexican electoral system is a mix system of election, it means representatives are elected by relative majority election through direct vote and a proportional representative derived of it; with a little inclination to relative majority system election. Mexican Electoral System Bodies

Federal Electoral Institute9

Federal Electoral Court10

Specialized Prosecutor Office for Electoral Crimes11

7 Mexico City, with a special political-administrative status related to its condition of being the city/state in which are concentrated federal powers, capital of the republic. 8 Approved by the Congress on December 2013 and signed the President on January 2014. 9 The current reform will change the name and range of faculties from IFE to National Electoral Institute (INE), it shall happen no

beyond April 2014. 10 Tribunal Electoral del Poder Judicial de la Federación, (TEPJF, by its acronym in Spanish. With a Central Chamber and Five Regionals Chambers. 11 A specialized office subordinated to the General Prosecutor Office of the Republic.(FEPADE, by its acronym in Spanish)

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Besides these three specialized bodies at federal level, every state of the republic has, by constitutional mandate, independence at their elections’ organization. Therefore, we have 32 permanent Local Electoral Courts and 32 permanent EMBs, no matter Mexican Constitution gives autonomy of functions to local EMBs, if needed the local EMB can subscribe an agreement with federal institute to arrange this last one administrates a local election. This independence principle indirectly gives a clearly marked definition on competences and jurisdiction of the electoral bodies.

FEDERAL ELECTORAL INSTITUTE

Federal Electoral Institute was created by Presidential Decree back in 1990. Since then, all faculties on federal elections’ management resided on IFE, forthcoming National Electoral Institute (INE). The venue of the institute is located at the Federal District (Mexico City), but acts all over the country through a wide net of decentralized permanent organs that represent It at two levels, at state and district levels; a principal office at every capital city of the 32 states and in 300 electoral districts wide nation, in which the country has been divided into electoral purposes. IFE has constitutional faculties to perform fully and directly all tasks related to prepare, organize, conduct and

survey federal elections, for example revision and adjustment of electoral geography, integration and updating

of the electoral roll; all concerns on political parties’ rights, obligations and prerogatives, also of national

political groups; design and execution of permanent programmes for voters’ electoral education, and the

administration of Media Access of the State’s time on radio and TV.

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. IFE’s organizational structure

IFE’s General Council is the highest directive organ of the institute; therefore, its main responsibility is

monitor the compliance with constitutional and legal provisions on electoral matters and to ensure that Institute

guides itself under the core principles of certainty, legality, independence, impartiality, objectivity and

maximum publicity. Currently it is composed by law of nine members with voice and right to vote, and a

variable number of members with only voice12. The current General Council is integrated by four Electoral

Councilors in functions Marco Antonio Baños Martínez, Provisional President, Lorenzo Córdova Vianello,

Benito Nacif Hernández and María Marván Laborde.

The nine members with voice and vote are the President Councilor and eight Electoral Councilors13.

They are elected by vote of two thirds of the Chamber of Deputies, among the proposals made by the

parliamentary groups14 and subject to wide consultation with the society. The President Councilor is elected to

12 Variability of these members depends of the number of political parties with register at federal level, can be part as many as political

parties at federal level. 13 After reform implementation, will be a President Councilor and ten Electoral Councillors. 14 Chamber of deputies publish an open announcement to those citizens interesting on the post and fulfill requirements. After a selection process parliamentary groups made their proposals from those who passed technical assesments..

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serve a period of six years15 and can be reelected only once. All eight council members are elected on a

staggered basis to serve a period of nine years and cannot be reelected.

The members with only voice are the councilors of the Legislative Branch (now seven, one from each

parliamentary group), representatives of political parties (also currently seven) and the Institute’s Executive

Secretary, who is appointed and removed by President Councilor’s proposal and two thirds of the General

Council’s vote.

c) Voters Registry

In Mexico, the vote is universal, free, secret and direct. Other two qualities to the vote are given by the

electoral code: personal and non- transferable these qualities are insured through the Electoral ID Card.

All persons with Mexican nationality, by birth or naturalization, who are 18 years of age or older and have an

honest way of living, have the right to vote. However, in order to exercise this right, the law establishes certain

additional joint requirement: be registered at the Federal Registry of Voters and the possession of a photo-

voting card.

The exact and timely registration, as well as the updating and permanent refinement of the diverse instruments

that contain names and personal information of all Mexican citizens’ holders of right to vote, constitutes an

essential requirement to guarantee transparency and reliability of the electoral processes.

The electoral registry in Mexico is of an active nature, that is, it is responsibility of the citizens who fulfill the

requirements, to attend, carry out and complete their registration in person at one of the field offices or

modules set up for this purpose by IFE throughout the country.

In any case, the registration process is verified by an accurate geographic-electoral frame in accordance to the

voters’ home address within the national territory, which also determines the place where, as a general rule,

the citizens shall vote.

A specific territorial demarcation named electoral section, which is the basic geographical unit into which the

national territory is divided for electoral purposes. According to the law, an electoral section is made up of a

minimum of 50 and a maximum of 1,500 voters; within the limits of each section, a polling station shall be

installed for every 750 registered voters, so much as needed.

It is important to remark the federal nature of the registry, which implies that only IFE is in charge of it and

through collaboration agreements subscription it is used for local elections, so as other instruments issued by

the Federal Registry of Voters.

15 Last Presidency concluded term on October 2013, regarding the electoral reform and the change to a National Electoral Institute is

vacant, the Electoral Councilors in functions agree a Collegiate Rotate Presidency until the reform implementation finishes and a new President is named.

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Instruments issue by the Federal Electoral Registry:

Last Electoral Roll issued for the 2012 Presidential election: 84, 722, 877 millions of citizens registered and

final Electoral Lists of 79,454,802 millions of voters

d) Electoral Training

A Polling station board is integrated by four key figures of the process, President, Secretary, two

scrutinizers and three general substitutes. A polling station board is the smaller electoral organ at the system

its nature is temporary with limited faculties. It is composed exclusively by citizens without militancy on political

parties or public high or medium post responsibility.

IFE must hired temporary staff to compliance legal deadlines to integrate those boards. The last process

nationwide, were hired 29,490 Electoral Trainer/Assistants and 4,837 Electoral Supervisors. They are the

taskforce of the Electoral Training Strategy.

The electoral training provides tools to different actors (citizens acting as election polling station officers;

political parties’ members and representatives; domestic electoral observers and citizens interested on it)

involved in the development, monitoring and observation of electoral processes to fulfill the entrusted task.

16 On the valid period of the LNERE legal force (October 1 previous year of election to January 15 of the year of the election). 17 It serves to ship the electoral ballot to the citizen abroad. 18 It rules the return of the ballot classification in order to realize the scrutinizing and tallying.

Electoral Roll Federal Instrument that holds all information of citizens that inscribed themselves to the electoral registry to obtain their Voting ID Card.

Electoral List

It holds information of all citizens whom requires a Voting ID card and

completes the procedure obtaining it. Information classified by electoral

district and by electoral section. It is the instrument polling officers handle at

elections day

Electoral List of Citizens living Abroad (LNERE ,by its acronym in spanish)

Temporary Instrument in which previous expressed requirement of the

citizen abroad, the Registry office pull out them of their sectional lists to put

into this temporary legal instrument that acts only during the electoral

process16. The LNERE is used to integrate documentation shipping abroad.

This instrument shall be integrated by the Registry Executive Direction of

IFE and validated by the General Council, onto two modalities: By voters’

current address abroad17; and by voters’ permanent address in Mexico.18

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Polling station officers: Citizens selected randomly, by means of two drawings, to receive, count and register

the votes during Election- Day. The training program is based on the cascade activities as shown in the chart

below:

First Stage To notify, make aware and integrate the list of eligible citizens by section (10% of the nominal list)

The stages for the integration of the polling stations according the art 240 of the COFIPE are:

1. General Council raffle

2. First Training course:

Training Mode

a) In situ: Teaching platform: Cognitive approach, constructivist theory and skills

development.

b) Individual or group: Home addresses or at an alternative space determined by the

Training District Office; Temporary of fixed training centers.

Materials: Basic information for eligible citizens, Handbook for electoral trainer-assistant,

Handbook for the electoral supervisor, Handbook for polling station officer.

Electoral Supervisor and Electoral Trainer/Assistants

Both figures are the main taskforce to locate, notify and train in first round citizens to be asked to serve as polling officers

First Training Stage Visiting, Notification and Training

Second Training Stage Designating, notifying of charge and specific training focused

on the charge

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After a first train and with the collected data a second round of selection begins, the system under the required

criteria will select the citizen shall act as polling station officers.

Second Stage

The stages for the integration of the polling site stations directive boards according the art 240 of the

COFIPE are:

1. Raffle done by General Council

2. Second Raffle (councils) and designation of positions (boards)

3. Publication list

4. Notification and second stage of training (substitutions, acceptations and practices)

Materials:

Polling station officer Handbook, Exercise notebooks for each category (basic

polling station, special polling station an extraordinary pooling station),

Informative brochure on the Election Day,

document “Important aspects to carefully watch out during the election day”

list of activities of the FMDC (drills and polling stations),

video of the election day,

interactive CD,

Sample materials for drills and practices (Ballots, different kind of acts/records,

voting screens, voting boxes).

e) Electoral organization

Composition and Location of the Polling Stations Directive Boards

The ruling legislation establishes that the polling station should be located in places with free and easy

access to voters, that allow the installation of modules or screens that guarantee secrecy in the casting of the

vote. To this end, the preferred locations would be schools and public offices. In any case, it corresponds to

the district councils of the IFE to determine the number and location of the polling stations shall be installed in

the sections included within their area of jurisdiction.

143,130 polling stations nationwide were approved to be installed the past federal election of 2012.

In order to let voters know, in a timely and accurate fashion, the makeup and location of the polling sites where

they must cast their vote, the law mandates that the exact location of the polling sites to be installed in each

section, as well as the names of the members of the directive board, shall be published up to two times prior to

the election day.

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Polling Day

The polling day starts at 8:00 a.m. with the installation and opening of the polling stations and ends with

the closing of the sites at 6.00 p.m., after the scrutiny and tally of the votes received in each one of the sites

have been carried out and the respective electoral dossiers have been put together.

Installation and Opening of the Polling Site

A polling site may never be installed before 8:00 a.m. political parties’ representatives can be present,

their absence I shall never be impediment to install.

If a polling site is not installed according to the ordinary procedure, the electoral law provides a series of

sequential alternatives; IFE staff must visit every polling station under its responsibility, in case citizens

designated as officers do not show up:

a. IFE staff can select citizens in line waiting to vote as polling officers if they agreed

b. District electoral authorities shall do it

c. In case, of reason of non-easy accessibility for authorities, as last resources political parties’

representative shall do it.

Installment of a polling station at a different place of that previously approved. Therefore, the law specifies the

circumstances in which there could be a justified cause, under the need shall be installed at the nearest

available place and maximum publicity to the citizens of the new location.

Voting

Voting step by step:

The citizen shall show the president its Electoral ID Card19

The Secretary check the name appears in the electoral list of the district

The president hand over the ballots

Citizen cast its vote at special screens or booths

Drop the ballots at ballot boxes

The secretary stamp the legend “voted” on the electoral list, marked the card with the letter “V”

Return to the board, pick up its marked ID card and inked its thumb

Counting

At all-time the president of the board is the maximum authority to conduct the development of the day,

political parties’ representatives, domestic electoral observers or international visitors20 can attend the

procedures but may never take active part of them.

19 Some cases are citizens; those who filed an appeal to protect its vote right present a Favorable final resolution of the Federal Electoral Court and can vote. 20 These three mentioned figures under a formal registration by IFE or invitation in case of the non-national.

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At polling station:

Close the voting at 6.00 p.m.

Invalidate the not used ballots (by crossing two lines on them)

Count number of citizens attended to vote

Open boxes and separate ballots by type of election

Separate ballots by vote for political party and count them ( task for the scrutinizers)

Write on the records, the following

Number of citizens with mark “voted” on electoral list

Number of used ballots

Number of invalidated ballots

Number of votes by political party

Number of null votes

Total

Storage by kind of vote and election in given envelopes the ballots

Assemble the electoral package with all enveloped ballots, records and stationary material

Publish at the polling station door a preliminary results sheet

Hand over by the president of the electoral package at District Electoral Council

At District Electoral Council:

Immediately receiving the package, locate at its outside a preliminary results sheet

A member of the council read at the District board session the results

Meanwhile IFE’s staff typed into the system every result

Other taskforce of the PREP in the same council types the results from the sheet and sent it

in a simultaneous effort to the National Center

Every District Council must publish at its main door a Preliminary results sheet

Since 1994, the IFE has implemented and perfected a Preliminary Electoral Results Programme (PREP, by its

acronym in Spanish), which allows the electronic transmission of data from each of the 300 district councils to

a national center, by means of state of the art technology. These results are publicly broadcasted in a national

pressroom and through the Internet at the moment they are received.

Law authorizes the President of the General Council, with the agreement of the Council itself, to order the

conduction of studies or pertinent procedures, in order to get to know the electoral trends on the polling day,

which may only be broadcasted when the maximum collegiate body of the IFE authorizes it.

The prohibition to publish or broadcast results or opinion surveys on electoral preferences through any means

is void as of 20.00 hours central time. Usually, the electronic communications media publicize the results of

exit polls and of quick counts at this time.

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POLITICAL PARTIES’ PREROGATIVES: FINANCING AND ACCESS MEDIA

Registry: For political parties participate in elections and perform all the functions that are inherent to

them, parties must obtain their legal registration, which gives them a set of rights, privileges and

obligations. To maintain its registration, with the current reform at least it must obtain 3% of the valid

voting cast in a federal election.

Currently, in Mexico there are seven political parties at Federal level

Partido Acción Nacional (PAN) (National Action Party)

Partido Revolucionario Institucional (PRI) (Institutional Revolutionary Party)

Partido de la Revolución Democrática (Democratic Revolution Party)

Partido Verde Ecologista de México (PVEM) (Ecologist Green Party of Mexico)

Partido del Trabajo (PT) (Labor Party)

Nueva Alianza (New Alliance)

Movimiento Ciudadano (Citizen Movement)

Financing: There are two sources for financing: public and private funds. Public financing is divided

into three fields:

permanent ordinary activities,

specific activities as entities of public interest (both yearly financing) and

Campaign expenditures.

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The total amount of ordinary public financing per year is linked to the number of registered voters and the legal

minimum wage.

The number results from multiplying the total amount of citizens registered in the electoral roll up to July times

65% of the minimum wage currently in force in the Capital City.

The subsidy granted for specific activities as entities of public interest aims at supporting political parties in

activities that concern political training and education, socio-economic and political research, as well as

editorial tasks. With this purpose, an additional amount that equals 3% the amount for ordinary activities, is

granted and is also distributed on the same grounds.

As for private funding for campaign expenditures in general federal elections (those for President, Senators

and members of the Lower Chamber), each party gets an amount equivalent to 50% of the financing that it had

received for ordinary expenses. In case of intermediate legislative elections, the political parties get 30% of the

normal yearly funding.

It is important to remark that each financing mechanism is distributed in the same way: 30% is allocated in

equal parts to all political parties with parliamentary representation and the other 70% is distributed according

to the percentage of votes gained of the total sum cast for each political party with representation in Congress

in the preceding election for Lower Chamber members at national level.

For political parties that obtained their registration after the last federal election or that kept their registry but do

not have representation in Congress, the law establishes that each one of them must receive public funding as

follows: 2% of the total amount that corresponds to political parties for permanent ordinary activities; the

corresponding additional amount for electoral expenses and only the equalitarian part of the funding for

specific activities.

Media Access: Recent constitutional and legal reforms have brought significant modifications in this

matter. Although political parties had guaranteed permanent and free access to radio and television,

they were also allowed to hire additional time slots during electoral periods.

The main novelty is that nowadays the free access is the only way political parties and their candidates may

transmit electoral advertisement through radio and television that, in Mexico, operate under a scheme of

licenses and concessions granted by the State. With this reform and by constitutional mandate, neither the

political parties, nor any other subject may hire time slots in electronic media for electoral purposes.

To operate the new scheme of access and the use of radio and television for electoral purposes, the law

appoints the IFE as the sole authority for the management of the time owned by the State in those media for

all electoral bodies, federal and local authorities, as well as political parties that contend in the federal and

local elections.

The law itself details criteria and procedures for the allocation of that time (that during electoral periods adds

up to 48 minutes a day en each radio station and television channel within the country) between the electoral

authorities and the different political parties.

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Also as a result of the recent reforms, the Constitution establishes that during the period comprising the federal

and local campaigns and until the end of the corresponding polling day, the broadcasting of all government

propaganda must be interrupted except for that of education and health services, or the one needed to protect

the citizenry in emergencies.

Likewise, the recent reforms rocketed a decree to constitutional level. The new law states that political or

electoral propaganda disclosed by the political parties must not include expressions that denigrate the

institutions, the parties themselves or slander the people.

f) Oversight and expenditures control of political parties

As a result of the reform, a new specialized autonomous administrative unit was created within the IFE

with responsibilities related to the reception and the integral revision of the reports presented by political

parties regarding the origin, amount and destination of the financial resources.

Such is the Oversight Unit for the Resources of Political Parties, which will not be limited in its performance by

the banking, fiscal or fiduciary secrets established by other laws. In this regard, the parties are not only

compelled to present annual financial and campaign reports, but also must present the following: quarterly

advance reports of their exercise in non-electoral years; a consolidated annual statement of their assets and

property; pre-campaign reports for each of their pre-candidates to elective posts, within the following 30 days

of the conclusion of the pre-campaign; report of the expenses of organization of the intern and pre-campaign

processes for the selection of candidates included in the annual financial report; and a preliminary report of

campaign expenses, with updated data as of May 30 on election year.

g) Voting from Abroad

The Mexican electoral law protects and guarantees the exercise of right to vote of all Mexican citizens,

including those living abroad. Is a non-easy mechanism that begun its implementation on 2006 after a

legislative reform. The procedure is by mail.

The right to vote from aboard is limited for one electoral post, the President election, therefore only every six

years this modality is run. The General Executive Board (GEB) of the institute has the possibility to request the

constitution of additional taskforce to compliance the law the GEB will set the number and ask for the budget at

the previous year of election; these administrative units are temporary units.

The citizens may issue a written petition to IFE requesting its inclusion to the Electoral List of Mexicans Abroad

(LNERE by its acronym in Spanish), this is a temporary legal instrument issued by IFE with the only purpose

guarantee and improve the voting procedure.

Period of inscription to the LNERE, October 1st the year before to January 15th of election year

LNERE will issue at two modalities:

By Addreess Abroad (to send the ballot)

By Address in Mexico (to scrutinize and count)

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LNERE will never be publish abroad, but Political parties will have

Ballot and electoral material will be sent to declared address abroad before may 20th.

Same ballot to be use in national territory but with the legend “Mexican living abroad”

Scrutinize and Tallying

After cast their vote the citizen will mail it to Mexico in the special envelop send by IFE21

All ballots received at the latest 24 hours previous to the election day22

As envelops arrive to IFE, authorized staff classify and registry them per electoral section and district,

after that stamp the legend “voted” into LNERE.

Guarantee of secrecy of the vote is assure

To modality of voting, at 5.00 pm of elections day groups23 for scrutinize and tally will set, scrutinize

begin at 6.00pm

Of the procedure:

The president must count every stamp at LNERE

Scrutinizers must count every envelope, number must match

President will open one by one and pull out the ballot to pour it into an electoral box

After this, apply the normal procedure of scrutinize and tally

Results must be write on the results sheet by district and sign by polling members and

representatives attending the procedure

Executive Clerk of the Institute must give an inform to the General Council of those results

After the next Wednesday, all sheets must be at the correspondent electoral district, to be counted

with the rest of their results.

In case an envelope does not have any ballot, or have more than one ballot, those votes will be null votes and

reported as that at the results sheets. Once the tallying is done, the institute must assemble the electoral

package with all original sheets, ballots and LNEREs and hand over, before the next Sunday of elections day,

to the Superior Chamber of the Federal Electoral Court.

ELECTORAL FEDERAL COURT

The jurisdictional activities belong to the Federal Electoral Court, a specialized organ of the Judiciary

Branch of the Federation that has the faculty to solve, in certain cases any local electoral controversies

(Regional Chambers) and in some issues at last instance (Superior Chamber).

21 This envelope has printed citizens’ electoral code. After it used, in Mexico will have a destruction process in order to protect the

citizens’ data. 22 All envelopes received beyond deadline must be received and elaborate a list and without open them, in presence of political parties representatives will be destroyed. 23 A group for every electoral district, maximum 1,500 votes per group. Polling board shall be integrated by a president, secretary, two

scrutinizers and two general substitutes.

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Electoral Jurisdiction suffered a series of reforms since 1977 until at finally an electoral jurisdiction organ of the

judiciary branch is constituted. The Tribunal Electoral del Poder Judicial de la Federación is the Federal

Electoral Court in the country, its composition is as following:

Superior Chamber

Five regional chambers, one for each constituency

Superior Chamber

It has its venue at Mexico City and is integrated by 7 Magistrates24, with previous judicial career and appointed

by a term of nine years without re-election25.

President José Alejandro Luna Ramos; Magistrates Pedro Esteban Penagos; Constancio Carrasco

Daza; Salvador Nava Gomar; Flavio Galván Rivera, Manuel González Oropeza and María del

Carmen Alanis Figueroa.

Five constituencies determine the electoral geography and jurisdiction, each jurisdiction has a collegiate organ.

Each regional chamber is integrated by three magistrates, elected by two thirds of the Senate under proposal

of the Supreme Court of Justice of the Nation, appointed for a term of nine years with no re-election and on a

staggered basis.

Electoral Justice

The General Law for the Settlement of Electoral Disputes specifically stipulates the disagreement

procedure to challenge, only during the stage of results and declaration of validity of the elections, the

decisions of the federal electoral authorities that are allegedly in breach of constitutional or legal norms

regarding the elections for President, Senators, and Deputies.

24 Elected on a staggered basis by two thirds of the Senate Chamber by a proposal of the Supreme Court of Justice of the Nation. The requirements to be considered as Magistrate are the same requirements to be Ministry of the Supreme Court of Justice of the Nation. 25 President José Alejandro Luna Ramos; Magistrates Pedro Esteban Penagos; Constancio Carrasco Daza; Salvador Nava Gomar;

Flavio Galván Rivera, Manuel González Oropeza and María del Carmen Alanis Figueroa.

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The system comprises the different appeals and procedures that may be filed for each one of the federal

election posts. Only political parties and candidates are entitled to appeal, although candidates can do so only

when because of illegibility reasons the electoral authorities do not grant certificate of majority or first minority.

The Mexican electoral system has seven mechanisms on electoral controversies; each one has its terms

special procedures for entitlements and correspondent jurisdictions or authorities with competence to solve the

cases:

Review Process

Appeal Process

Unconformity Trial

Reconsideration Appeal

Protection to the political-electoral rights of the Citizens Trial

Constitutional Review on Electoral Affairs Trial

Labor disputes between IFE and its employees Trial

Labor disputes between TEPJF26 and its employees Trial

Besides, the law comprises the appeal of reconsideration to challenge the resolutions set forth by the TEPJF

for the appeals regarding the election of Deputies and Senators and allocation of seats by the General Council

of the IFE by means of proportional representation. The resolution of such appeals is exclusive of the Superior

Chamber of the TEPJF, and in any case must be resolved three days prior the establishment of the Chambers

of the Congress of the Union, that is, not after August 26, of the election year.

If the results are challenged by the disagreement procedure or lastly by means of the reconsideration

challenge, they are only final when the authorized bodies of the TEPJF issue the corresponding resolutions,

within the timeframe stated by law and according to the terms of such resolution.

When the counting, certificate of validity and majority or allocation are not challenged within the timeframe or

by the correct means, they are considered as valid, final and undisputable four days after the IFE concludes

the corresponding counting, since that is the term for the political parties to file disagreement challenges.

Also as a result of the 2006 electoral reform and to offer more security, reliability and transparency to the

results of an election, the current electoral law explicitly comprises the feasibility of tallying the votes for a

second time when the district counting takes place, that is, when the votes cast in every site of the districts into

which the country is divided for electoral purposes, are added. These counting takes place the Wednesday

after polling day.

The district re-count may be partial or total. Partial re-counts apply to Lower Chamber members’ election only,

and refer to the votes cast in a determined number of polling sites under some theories provided by the law.

The total re-count comprises not only the votes cast in all the polling sites in a district, but is applicable to

26 Federal Electoral Court by its acronym in spanish.

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elections for Deputies, Senators or President in equal circumstances and operates by direct request when the

difference between the winning candidate and the second place is equal to or less than one per cent.

SPECIALIZED PROSECUTOR FOR ELECTORAL CRIMES27

A specialized office, subordinated to the General Attorney of the Republic Office, created by

Presidential Decree published on July 1994. A decree issued by the President under a request by a General

Accord28 of the General Council of IFE asking to create a special prosecutor on electoral crimes at the

necessity of file criminal conducts and to typify them as crimes.

As part of the current reform in Mexico, this office will not suffer any change; the difference will be at the law,

until now those crimes are included at the Federal Criminal Law of the country, before forthcoming April the

Legislatives must issue a law of electoral crimes.

Part of the current reform on political affairs, the General Attorney Office will gets constitutional autonomy

under the name of General Prosecutor Office, prior mentioned should happened after the declaratory of

autonomy; therefore the structure of the State will change and shall transform itself as the following:

The Senate has the faculty of name or ratifies judges and magistrates of the Judiciary Branch and the General

Prosecutor of the Republic, therefore the Electoral Crimes Prosecutor; the Chamber of Deputies has the

faculty of name Electoral Counselors of the Federal Electoral Institute

27 FEPADE by its acronym in Spanish. 28 General Accord published on the Federation Official Diary on March, 24, 1994.

Constitutional Autonomous

Organs of the State

Federal Electoral Institute

General Prosecutor of the Republic Office

Specialized Prosecutor for Electoral

Crimes Office (FEPADE)

United States of Mexico

Federal Republic

Executive Branch Presdient

17 cabinet members

Legislative Branch

Judicial Branch Supreme Court of

Justice of the Nation

Federal

Electoral Court

Senate Chamber – Upper Chamber (128

senators)

Deputies Chamber- Lower Chamber (500

deputies)

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VI. POLITICAL-ELECTORAL SYSTEM OF PANAMA

PANAMA Political and institutional context

Political organization:

Unitary Republic

Political and administrative division:

Panama is divided into 9 provinces, 3 “indigenous shires” —with political independence and self-regulated—, 75 districts or municipalities and 640 corregimientos.

Population: 3’510,045 inhabitants, of which around 10% is indigenous; hence the creation of the indigenous shires.

Language: Spanish is the official languages but, due to the law No. 88 of November 2010, another 7 indigenous languages are also considered official.

Form of government:

Presidential Republic

National Executive Power:

The Executive Power is vested upon the President, who is both the Head of State and Government. The President, along with the Vice President, is elected through a simple majority system for a 5-year term with no immediate re-election. After two terms, either one can run for office again. As of January 1st, 2009, the Presidency is held by Ricardo Martinelli Berrocal, and the Vice Presidency by Carlos Varela.

National Legislative Power:

The Legislative Power is vested upon a single-chamber National Assembly composed of 71 representatives elected through a blocked list proportional representation system. They remain in office for a 5-year term and can run for re-election.

Most recent national elections:

General elections: May 3rd, 2009 – Presidential and Legislative

Registered voters: 2’209,555

Electoral turnout: 1’515,167 voters (68.6%)

Upcoming elections: May 2014 – Presidential and Legislative

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Electoral Management Body The Electoral Tribunal is the highest electoral authority; it is autonomous, independent, with legal personality, a patrimony of its own and the right to manage it. It is composed of three justices29 that must meet the requirements for a judge of the Supreme Court of Justice, and who are nominated as follows: one by the National Assembly, another one by the Republic’s President and the last one by the Supreme Court of Justice, from among those not belonging to the nominator entity. The justices’ ten-year terms are staggered. Some of their core attributions are:

Organise, conduct and oversight of the national civil and electoral registries.

Issue the individual identity document.

Elucidate and apply the Electoral Law; issue regulations accordingly and trying any controversy that

its application might provoke.

Register political parties and their candidates.

Regulate and oversight electoral campaigning.

Grant, according to the Law, the political parties’ prerogatives.

Develop civic and electoral education campaigns.

Plan and conduct everything relating with electoral logistics and organisation.

Appoint the officers for the polling tables and centres.

Hand over the certificates to the winning candidates; publish the definitive election results.

Penalise electoral infringements and offences.

The General Electoral Prosecutor30 —an independent investigation agency auxiliary to the Electoral Tribunal— has the right to manage its own budget. The General Electoral Prosecutor Attorney31, who shall be appointed for a 10-year term by the Executive power upon the approval of the National Assembly, must meet the same requirements as those established for a judge of the Supreme Court of Justice. The core function of this office is to oversight, through the daily control of all related documents, the use of the resources granted to the Electoral Tribunal, so that they are used in a transparent manner and in accordance with the legal framework. It is also responsible for:

Watching over the behaviour of public officers in terms of their political-electoral rights and duties.

Prosecuting electoral infringements and violations.

Verifying and approving a number of different procedures of accountancy and accountability.

Collating the checks issued for all the different procedures of accountancy.

Acquitting enquiries and reaching an agreement on the necessary procedures with the different areas

involved.

Preparing the refund forms for the Management Units, stating the requirements to rectify any given

procedure whenever those specified in the legal framework and/or the special regulations by the

Republic’s General Comptroller, the Economy and Finances Ministry or the Electoral Tribunal has

been overlooked.

29 Justice President Erasmo Pinilla Castillero, Justice Vice President Eduardo Valdés Escoffery,

Justice Heriberto Araúz Sánchez 30 Further information in the appendices 31 Eduardo Peñaloza

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Political Parties’ Regime In the multi-party system of Panama, it is only the political parties who can nominate candidates for the presidency. Five political parties are currently registered before the Electoral Tribunal. The rules for the political parties’ configuration, affiliation and registration before the Electoral Tribunal are clearly stated in a specific law. Rights and Prerogatives The State, through the Electoral Tribunal, grants public financing for both political parties and independent candidates. For them to receive such resources, their intention to take part in the electoral process and to receive the State’s contribution must be submitted no later than 30 days prior to the opening of said electoral process. The State’s contribution to the expenses of political parties and independent candidates is meant in the following fashion: Pre-election financing

Independent candidates receive an initial amount of 30-hundredth part of a balboa32 for each person

adhering to their candidacy.

Political parties are granted a fixed amount based on the 40% of the sum assigned to the Electoral

Tribunal at the State’s General budget for that end. 10% is distributed equally among the parties as a

contribution for the expenses made for nominating the candidates, and the remaining 30% is also

distributed equally among the political parties for their publicity expenses. This 30% is paid directly by

the Electoral Tribunal to the corresponding media outlet or advertising agency on behalf of the

political party.

Post-election financing

Independent candidates are granted an amount —in one single instalment— depending on how many

votes they win.

Political parties receive one third of the remaining public funding (all devoted to ordinary activities and

distributed on a yearly basis).

As for private income, the Panamanian Electoral Code lists the following donations or contributions as banned:

1. From public officers or from legal persons not carrying out economic activities within the country.

2. From anonymous donors. Ban does not apply to anonymous donations in public rallies that are

according to regulations established by the Electoral Tribunal.

3. From foreign governments, persons or organisations. Ban does not apply to donations from

international party organizations or foreign foundations associated with national parties or

foundations, as long as they are not for campaign expenses purposes.

4. From corporations where the State is partial owner.

The State, through the Electoral Tribunal, also grants political parties equal free access to State media outlets to political parties. These outlets can only be used to disseminate electoral propaganda, public opinion programmes, debates and every political event.

32 1 balboa=0.98 USD

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To prevent the overcrowding of State publicity or propaganda, public institutions are only allowed to as much of spots, announcements or any other kind of advertisement or propaganda —per day and per month— as the average of those broadcasted in the six months previous to the electoral process. Political parties are also entitled to a landline —for free calls to local numbers and mobile phones— at a permanent venue established at the main administrative city of each province. Those party venues receive a 50% discount in the electricity rate. In addition, political parties can import up to 5 service-vehicles and 5 sound amplifiers and communications system tax-free every 4 years. Requirements to maintain the registry For a political party to continue to be registered, it must receive at least 4% of all votes cast in any of the elections —Presidential, National Assembly or local33—, to continue to be registered. At the same time, the registration of the political party is supressed if it only nominates candidates for one of the elections —Presidential, National Assembly or local.

33 Whichever favours it the most

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National Political Parties

The Democratic Change Party (Partido Cambio Democrático) is currently in power at the Legislative and Executive branches. Electoral Regime Electoral Registry Every citizen has the duty of obtaining its personal identity document and to be included in the Electoral Registry. The Electoral Tribunal has, therefore, the obligation to ease the issuing of the personal identity documents and to include all citizens in the Electoral Registry. Every citizen must enrol at its place of residence during the Electoral Census that take place for putting together or updating the Electoral Registry. The Electoral Tribunal is in charge, in collaboration with other government agencies, of maintaining and rectifying the permanent electoral roll, from which the voters’ rolls are taken for consideration of the voters themselves. The electoral Tribunal shall exclude from the Electoral Roll, after it has been published for amendments, those citizens that have not voted in three consecutive elections and who, during that period, have not followed any proceeding before any office of the Electoral Tribunal. All proceedings on change of address for the Electoral Registry will be suspended on April 30 of the year previous to the general elections. Any citizen who had failed to file such proceeding, or who had filed it after that date, will cast its vote at the polling table that have been previously assigned to the previous registered address. Candidates’ nomination or registration The period for filing nominations as deputies, majors, representatives and council members before the Electoral Tribunal goes from the calling for elections until three months before the election. Only the registered political parties can nominate candidates for President and Vice President. The rest of the candidates can be nominated either by the political parties or independently. Those wishing to run for Deputies of the Republic independently must meet the following requirements: the nomination form duly signed by the aspiring candidate and by, at least 10% of the total amount of citizens necessary to endorse

44

such candidacy. The candidate must then obtain the endorsement of at least (4%) of all valid votes cast in the previous election for the office to which s/he is contending. The nominations by the political parties will observe the following rules: 1. The candidates running for the Presidency of the Republic will be elected through primaries, and the Vice President candidate to complete the formula will be chosen by the Presidential candidate and ratified by the National Board of the party. 2. The candidates for Deputies of the Central American Parliament will be chosen according with the internal regulations of each party, and then approved by the Electoral Tribunal before their actual nomination. 3. The nominations of the candidates for Deputies of the Republic, Majors, and Local Representatives and Council members will be according with the internal regulations of each political party. The internal elections of the political parties must guarantee a nomination quota of at least 30% of women candidates. Election Campaign Regulations The campaigning period is established for each electoral process, but it usually goes from the calling of the election or the beginning of the candidates’ nominations until 24 hours before the election. Under the Constitutional principle free enterprise with social responsibility, all political parties and candidates have the right to hire paid political advertisements, protected by the principles of non-discrimination and equality of opportunities and conditions. Media outlets and advertisement companies have the obligation of providing all the necessary information on the paid political advertisements to the Electoral Tribunal and the General Electoral Prosecutor within a 3-day period. During the electoral processes, the Electoral Tribunal conducts media outlets’ monitoring to assess the scope of the coverage each one of them provide to the Presidential formulas, regardless of the spots or spaces that were bought. While the Electoral Tribunal acknowledges that each media outlet has its own rates, they must be the same for all parties and candidates for the same amount of spots, commercial spaces or products within the same media outlet. A special outlay is included in every Electoral Tribunal’s electoral process budget for the removal of electoral propaganda. For that purpose, the Electoral Tribunal has coordinated efforts with the corresponding municipalities so that, within the 30 days following an election, all electoral propaganda is removed. Election Day

The Electoral Tribunal, after consulting with the National Council of Political Parties, will establish the

amount of polling tables, their location and how many voters will be assigned to vote in each one of them;

all in accordance with the Final Electoral Roll, and whether it is an urban or rural area and the type of

election, but always assuring the “domiciliary vote” in the rural areas with a minimum of 50 voters.

Schools, both private and public, gymnasiums, sports’ complexes and other fitting public spaces will be

preferred to host polling stations.

The voting will take place in one single day, beginning at 7 a.m. and ending by 4 p.m. Those still queuing

by that time will be allowed to cast their vote. The polling officers must meet at 6 a.m. for all the

preparations.

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The voter approaches the polling table, where the identity document must be show. A polling officer

corroborates the voter is included in the electoral list of said polling table, and then the ballots are issued

for the voter to mark them in secret at the polling booth. The vote is then placed in the ballot box. The

voter must sign or imprint his finger by its name in the electoral list.

Once the last vote has been cast, the polling officers can vote and close the voting. The counting of the

votes cast at that polling table is done immediately after that.

Scrutiny and Provision of Results

While the Electoral Tribunal, along with the National Council of Political Parties, define the regulations

followed by the polling tables for the counting and scrutinising the votes for each election, these conditions

are always considered: the counting of the votes must begin with those for President, then for Deputies,

Representatives of the corregimiento and Council Members; representatives of the political parties and

independent candidates can be present through the whole process; and, the grounds for nullity of a vote

must be established before any vote is scrutinised.

The Electoral Tribunal, upon consulting with the National Council of Political Parties, shall establish an

Unofficial System of Transmission of Results (Sistema de Transmisión Extraoficial de Resultados - TER)

so that information can be provided as soon as the results of any given election are received. At the

general elections, the system will cover those for President and Deputies, at least, at the political parties’

level. The Presidential candidates are allowed to be represented at the centres where the information for

this system is compiled.

The original certificate of the polling table is sent, as identical copies, to the National Tally Board (Junta

Nacional de Escrutinio), the Electoral Circuit Tally Board (Junta de Escrutinio de Circuito Electoral) and to

the Electoral Tribunal. Each board writes its own tally certificate based on the information from the

certificates from the polling tables and the amendments that might have taken place.

The general scrutiny for the elections of the President and Vice President of the Republic is made at the

National Tally Board, and the results must be announced within the 24 hours following the voting. The

single-member Electoral Circuit Tally Boards announce as winner the one with the most votes.

Council members that receive the most votes are announced as winners by the District Tally Board (Junta

Distrital de Escrutinio). When several political parties have nominated the same candidate, the District

Tally Board will add up all the votes cast for those parties.