TEPJF Cuts INE's Radio and TV Time for Judicial Election Promotion in Half

The Electoral Tribunal of the Judicial Power of the Federation (TEPJF) is currently making significant adjustments to the airtime allocated to the National Electoral Institute (INE) for promoting the upcoming judicial election. This decision is stemming from concerns regarding the INE's initial self-allocation of all available radio and television slots for this purpose. As a result, the TEPJF is intervening to ensure a more equitable distribution, allowing other authorities and political parties to voice their perspectives.

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Background and Initial Allocation

Previously, the INE had secured 48 minutes daily of radio and television airtime to promote the judicial election. However, the TEPJF deemed this allocation excessive and is now reducing it to 24 minutes. This adjustment marks the second time the Superior Chamber of the TEPJF has overturned a decision by the INE's General Council regarding the distribution of official airtime during the judicial electoral process. According to Jannet López Ponce (2024), reporting for Milenio, the initial proposal, spearheaded by Magistrate Felipe de la Mata Pizaña, sought to mirror the airtime distribution used during the revocation of mandate process, allocating only 12% of the 48 minutes to the INE. However, this proposal failed to garner sufficient support from his peers.

Rationale Behind the Decision

The core argument revolves around the nature of the judicial election. While the INE views it as a process of citizen participation without specific candidates, the TEPJF emphasizes its electoral character, necessitating broader participation. Magistrate Janine Otálora voiced concerns that the INE was improperly appropriating a prerogative that neither the Constitution nor existing laws permits, particularly regarding airtime traditionally allocated to political parties during electoral processes. She argued that even if parties aren't directly participating in the election day, their rights to airtime must be protected.

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A Compromise Solution

Magistrate Felipe Fuentes proposed a compromise, suggesting that the INE retain half of the airtime while allocating the remaining half to political parties and for governmental information dissemination. According to Fuentes, this approach ensures a more equitable distribution, recognizing that the absence of campaign restrictions doesn't necessarily preclude governmental entities from influencing the judicial process. “The INE can have 24 minutes to manage 50 percent of the state's time, allowing institutions to disseminate government information. Parties can then have their ordinary time, two to three minutes, depending on the medium,” Fuentes stated (as quoted in López Ponce, 2024).

Implications and Next Steps

This ruling is having significant implications for the judicial election promotion strategy. The INE now has 24 hours from the notification to redistribute the official airtime, taking into account the revised allocation of 24 minutes instead of the originally planned 48. This requires a swift and strategic readjustment to ensure effective promotion within the new limitations.

Legal and Political Context

The TEPJF’s decision underscores the ongoing tensions between electoral authorities and political entities regarding resource allocation and control over messaging during electoral periods. The involvement of political parties, even in a non-candidate-based judicial election, is considered crucial for maintaining a balanced and transparent electoral environment.

Future Considerations

Looking ahead, this ruling may lead to further scrutiny of the INE's prerogatives in non-traditional electoral processes. It highlights the need for clearer guidelines on airtime allocation to ensure fairness and inclusivity. The «Grupo Milenio» (2024) reports that the long-term impact of this decision will depend on how effectively the INE can adapt its promotional strategies and how the revised airtime distribution affects public awareness and engagement in the judicial election.

References

  1. López Ponce, J. (2024). TEPJF le quita al INE la mitad de tiempos en radio y tv para promover elección judicial. Milenio. Retrieved from https://www.milenio.com/politica/tepjf-quita-ine-tiempos-radio-y-tv-eleccion-judicial
  2. Grupo Milenio. (2024). NewsMediaOrganization. Retrieved from https://www.milenio.com