Presentación del libro “Entre la Constitución y la Campaña Mediática”, del 12 de febrero de 2026.

Presentation of the Book: Between the Constitution and Media Campaigns

Introduction and Welcome

• The event begins with a warm welcome to distinguished guests attending the book presentation, "Between the Constitution and Media Campaigns."

• Notable attendees include Dr. Felipe Alfredo Fuentes Barrera, a magistrate from the Electoral Tribunal, and Senator Javier Corral Jurado, President of the Senate Justice Commission.

• Additional guests welcomed are Dr. Felipe de la Mata and Senator Gerardo Fernández Noroña.

Overview of the Book's Purpose

• Alejandra Tello Mendoza is invited to speak about the book's objectives, which focus on electoral assignments for 2024 and legal precedents.

• The author expresses gratitude to those who contributed by reading and discussing the work, emphasizing their valuable time.

Key Arguments Presented in the Book

• The primary aim is to dismantle media narratives suggesting that electoral assignment processes involve theft or manipulation.

• Article 56 of the Constitution clearly states that over-representation calculations must be done per political party; this has been regulated since 2009.

Technical Explanation of Electoral Procedures

• The book details technical procedures applied by Mexico's National Electoral Institute (INE), countering misleading media simplifications regarding party representation in Congress.

• It explains Mexico’s mixed electoral system established in 1977, comprising both majority relative elections (300 deputies) and proportional representation (200 deputies).

Misinterpretations in Public Discourse

• Historically, academia has recognized that this mixed system aims for a strong majority capable of enacting reforms rather than pure proportionality.

• The author critiques irresponsible arguments from some academics regarding electoral fairness, highlighting misconceptions about party representation limits.

Media Campaign Analysis

• Acknowledges an orchestrated media campaign against certain political parties aimed at delegitimizing election outcomes through public discourse.

• Highlights concerns over how such narratives can undermine democratic processes by attempting to overturn results not achieved at the polls.

Constitutional Interpretations

• Following discussions on media influence, constitutional experts provide insights into why current interpretations align closely with legal standards and doctrines.

Dissecting Theoretical Fallacies in Democratic Systems

The Morality of Majorities

• The discussion begins with the examination of theoretical fallacies regarding majorities, particularly the claim that majorities are inherently immoral or unconstitutional.

Questioning Majority Systems

• A critical question is posed: If majorities are unconstitutional, why do 87 democratic countries utilize relative majority systems? This system, known as "first past the post," allows the winner to take all.

Effectiveness of Congressional Majorities

• Majorities in congresses aim for effective governance and constitutional changes. However, issues arise when there is a tyranny of the majority or lack of respect for rights and real competition.

Importance of Public Engagement

• The speaker expresses hope that these discussions will engage interest and emphasizes the importance of listening to audience feedback during this session.

Political Pressures on Electoral Judgments

• Acknowledgment is given to various senators present, followed by a focus on political pressures faced by electoral tribunals before and after issuing judgments related to proportional representation.

Legitimacy Concerns in Judicial Decisions

Systematic Attacks on Electoral Authority

• There is an observation of systematic attacks against electoral authority prior to judgment issuance, highlighting attempts by political forces to influence tribunal decisions since at least 2009.

Paradigm Shift in Judicial Communication

• The need for courts to communicate their reasoning directly with citizens is emphasized as a shift from traditional views where judges only spoke through their rulings.

Erosion of Trust Post-Judgment

• Concerns are raised about diminishing legitimacy and trust towards judicial institutions following certain academic critiques aimed at undermining tribunal credibility ahead of upcoming elections.

Historical Context and Evolution

Constitutional Foundations

• Reference is made to Article 99 which states that electoral tribunal decisions are definitive and unassailable, underscoring their authoritative nature amidst ongoing criticisms.

Historical Developments in Electoral Representation

• A historical overview begins with events from 1946 post-revolution Mexico, detailing how electoral systems were designed primarily for maintaining power structures until reforms began integrating minority political forces in 1963.

Changes Over Time

• By 1976, efforts were made to combat abstentionism within elections while evolving representation thresholds reflected changing political dynamics over decades.

Political Representation and Electoral Reform in Mexico

The Evolution of Political Representation

• The ruling party manipulates electoral rules, leading to a system that combines relative majority with proportional representation. The PAN views the 1977 reform as marginal and a façade of democracy.

• The PRI fears that the new model will allow opposing political expressions, threatening its dominance. In 1986, Miguel de la Madrid's reform increased legislative seats from 400 to 500 and allowed the PRI to participate in proportional seat distribution despite being the majority.

• By the 1990s, economic changes due to free trade agreements shifted focus towards market centrality in national life. A significant reform established an 8% threshold for representation, seen as a step towards greater plurality.

Recent Electoral Agreements

• An agreement from the National Electoral Institute (INE), referenced as General Council Agreement 2129-2024, aims to compute total votes and validate proportional representation elections while assigning seats according to constitutional law.

• The INE calculates total votes excluding those not considered for proportional seat allocation. It applies a pure proportionality formula using natural quotients and the largest remainder method for initial seat assignments.

Compliance with Constitutional Limits

• After preliminary assignments, the agreement checks compliance with constitutional limits on over-representation outlined in Article 54. If exceeded, necessary adjustments are made by deducting excess seats.

• Final seat distributions among parties follow legal procedures ensuring territorial fairness through distribution quotients and methods that guarantee objective verification.

Legal Framework and Predictability

• This agreement confirms final allocations of proportional representation seats while adhering strictly to principles of legality, certainty, objectivity, and constitutionality based on electoral outcomes.

• Observations highlight that both constitutional design and normative frameworks dictate calculations performed by INE; adherence is non-negotiable if following prescribed mathematical sequences.

Challenges in Interpretation

• The author emphasizes that issues stem from normative design rather than interpretative problems; pre-election rules must remain unchanged post-voting for predictability and legal security.

• Allegations from political parties seeking reinterpretation post-agreement challenge established rules; such changes violate constitutional mandates aimed at maintaining certainty in electoral processes.

Fundamental Conclusions on Proportional Representation

• Key premises assert that assigning proportional representation is not merely political alignment but an obligation under constitutional mandates requiring strict compliance.

• Article 54 sets clear limits on over-representation which electoral authorities must respect; questioning agreements equates to challenging foundational constitutional designs essential for governance stability.

• Over-representation results not from misinterpretation but adherence to existing norms; attempts to alter these interpretations without legislative process amount to unconstitutional reforms overlooked by critics of judicial decisions.

Legal Framework and Political Discretion

The Role of Law in Electoral Processes

• The law does not allow for political discretion; it establishes a closed mathematical formula with mandatory, verifiable steps.

• Political parties previously utilized these rules before the 2024 elections, questioning the surprise at their application now.

• The 8% limit on over and underrepresentation does not invalidate electoral victories or alter majorities arbitrarily; it is a known mechanism historically applied.

Understanding Party Awareness and Compliance

• All parties were aware of the established rules and had previously contested agreements set by the National Electoral Institute (INE).

• If there is a desire for a different representation model, discussions must occur to change the normative design rather than expecting judicial alterations to existing rules.

Defending Institutional Integrity

• Criticism has arisen regarding claims that the tribunal's decisions are unconstitutional; however, they adhered to long-established constitutional designs.

• The tribunal's actions aimed to ensure predictability, legal security, and certainty in legislative formation according to constitutional standards.

Constitutional Respect and Judicial Function

Upholding Constitutional Mandates

• The Constitution must be respected fully; the Electoral Tribunal serves as a guarantor of this respect.

• Concerns have been raised about reducing tribunal members influencing decisions favorably towards minority interests.

Analyzing Majority Dynamics

• Even with fewer members in the tribunal, majority decisions remain valid as four votes constitute a majority regardless of total membership size.

Reflections on Recent Publications

Importance of Accessible Legal Literature

• Acknowledgment of contributions from magistrates in presenting literature that addresses recent electoral debates surrounding representation issues.

• Emphasis on making legal texts accessible to citizens without complex jargon often found in judicial rulings.

Importance of Electoral Reform and Book Recommendations

Overview of the Speaker's Background

• The speaker, currently a senator, also runs a bookstore in Chihuahua and is involved in promoting literature through book presentations.

Significance of the Recommended Book

• The book is deemed essential for addressing misconceptions surrounding the recent electoral decisions made by the Electoral Tribunal regarding federal deputy distribution.

• It serves as a crucial guide for future electoral decisions, especially in light of potential electoral reforms concerning proportional representation.

Contextual Relevance to Electoral Reform

• The current constitutional framework mandates specific distributions of seats in Congress, regardless of public opinion on election outcomes.

• The book is freely accessible online and aims to foster collective understanding and debate about electoral processes.

Structure and Content of the Book

• Coordinated by notable figures, it comprises eight specialized essays that provide insights into judicial decisions that have faced media scrutiny.

Media Influence on Public Perception

• The discussion highlights how traditional media has contributed to distorting perceptions around election results, amplifying resistance against them.

Allegations Against Judicial Decisions

• Claims have emerged suggesting that judicial rulings were influenced by corruption rather than legal interpretation, particularly regarding party representation.

Key Constitutional Interpretations Discussed

• Central to the discourse is Article 54 of the Constitution which outlines how deputies should be assigned based on party votes without over-representation.

Statistical Analysis Presented in the Book

• A detailed statistical breakdown illustrates how deputy assignments are calculated according to established procedures since 2009, emphasizing transparency in electoral processes.

Analysis of Electoral Representation in Mexico

Distribution of Deputations and Political Forces

• Marta Alejandra Teyho comments on Morena's situation, noting that if they exceeded the eight-point criterion, the 12 assigned diputaciones were redistributed among other political forces based on a new natural consensus.

• The author explains that this distribution was not politically motivated but rather a technical compliance with established norms, emphasizing the need for legislative modification if the legal design is challenged.

Constitutional Framework and Historical Context

• José Alfonso Herrera García and Felipe de la Mata Pisaña argue in their essay that according to current constitutional text, over-representation limits apply to parties individually rather than coalitions.

• Since 1996, these limits have been consistently applied to parties; there was no justification for changing this precedent or contradicting constitutional provisions regarding representation.

Interpretation of Legal Reforms

• The discussion highlights that if individual parties had run separately within a coalition, only Movimiento Ciudadano would have qualified under certain criteria.

• A significant debate arose around the interpretation of various electoral reforms (1996, 2009, 2014), focusing on the spirit behind these laws and how they should be understood hermeneutically.

Legislative Changes and Their Implications

• From November 1996 to January 2008, an indisputable limit of eight percent between diputaciones and national votes applied equally to parties and coalitions as per Article 59 of the Federal Code.

• In November 2007, reforms proposed by senators aimed at allowing each party in a coalition to appear separately on ballots and submit distinct plurinominal candidate lists.

Ongoing Debates Surrounding Representation

• Despite changes made since 2008 favoring party-based distribution over coalitional arrangements, some critics who previously supported these decisions now contest them vehemently.

• The importance of distinguishing between party representation versus coalition representation is emphasized; past reforms did not clarify or include "coalition" in their language despite its significance.

Media Influence on Electoral Discussions

• The authors assert that media campaigns influenced tribunal decisions significantly; public discourse often misrepresented legal stipulations regarding party versus coalition representation.

Discussion on Legal Interpretations and Electoral Reforms

The Nature of Law and Interpretation

• Marta Alejandra Teyome Mendoza argues that law is not a fixed algorithm but a space for interpretative disputes, allowing for reasonable alternatives.

• Santiago Jesús Chablé critiques the historical interpretation of Article 54, highlighting an overrepresentation as a coalition rather than by parties.

Contradictions in Legal Resolutions

• There are contradictions between legal resolutions and established laws regarding coalitions and party representation in Congress.

• Recent debates have emerged around electoral reforms, particularly following the elections of 2024, with new literature addressing excessive overrepresentation.

Historical Context of Representation

• The book discussed provides insights into the historical process leading to proportional representation, emphasizing minority rights in accessing representation.

• It reflects on past electoral reforms that increased proportional representatives from 100 to 200.

Future Electoral Reforms

• The text suggests examining international examples (Chile, Argentina, Colombia) to inform future electoral reforms beyond just candidacies for proportional representation.

• It highlights how proportional representation has been crucial in shaping political leadership within parliamentary contexts.

Mechanisms Behind Representation Issues

• The problem lies not in proportional representation itself but in how party elites control these candidacies.

• A call is made for equitable distribution of proportional election spaces while considering public opinion on overrepresentation percentages.

Democratic Principles and Public Will

• Emphasizes the importance of respecting popular will even if it results in overwhelming majorities within Congress.

• Critiques those who resist accepting electoral outcomes when they do not favor their interests, stressing the need for constructive political dialogue.

Acknowledgments and Closing Remarks

• Appreciation is expressed towards contributors to the discussion and organizers at the Senate presentation.

Introduction and Acknowledgments

Acknowledgment of Contributors

• The speaker expresses gratitude to Felipe Fuentes Barrera and Aletello, highlighting their contributions to the work.

• Names of authors involved in the project are listed: Miguel Ángel Bonilla, Sara Saga, Santiago Jesús, Chable Velázquez, Fernando Díaz Naranjo, Alfonso Reda García, Fernando Ramírez Barrios, Marta Alejandra Teyó Mendoza, Alonso Vázquez Moyers.

Judicial Experience and Case Complexity

Insights on Judicial Decision-Making

• The speaker reflects on their experience as a judge regarding a specific case that was deemed straightforward due to clear constitutional rules.

• They reference Ronald Dworkin's theory on difficult cases where norms may not apply or lack clarity.

Clarity of the Case

• The case was considered easy because it had a definitive rule found in the Constitution.

• All precedents supported this ruling, making it an obvious decision for the court.

Media Campaign and Political Pressure

External Influences on Judicial Decisions

• The speaker notes they were also involved in a similar case in 2018 with identical circumstances.

• A media campaign emerged aimed at pressuring the tribunal to alter its decision against constitutional guidelines and established precedents.

Implications of Political Pressure

• There is concern that political motivations sought to manipulate judicial outcomes based on election results rather than legal principles.

• The speaker emphasizes that such attempts could be seen as a technical coup d'état against judicial independence.

Constitutional Integrity vs. Political Interests

Defense of Constitutional Text

• The speaker argues for adherence to the Constitution's text over subjective interpretations like "the spirit of the Constitution."

• They challenge those claiming unconstitutionality by directing them to Article 54 of the Constitution for clarity.

Consequences of Ignoring Constitutional Rules

• Attempts to change judicial decisions based on political dissatisfaction are criticized as undermining democratic processes.

• Emphasizes that judges must remain steadfast in applying constitutional law regardless of external pressures or threats.

Final Thoughts and Call for Reflection

Commitment to Judicial Independence

• The speaker asserts that judges do not bend under pressure; they uphold constitutional mandates consistently.

Encouragement for Engagement with Legal Work

• Invites attendees to read relevant works and reflect critically rather than simply accepting popular opinions or narratives about judicial rulings.

Conclusion and Transition

Invitation for Further Discussion

• Expresses appreciation for contributions from colleagues and encourages ongoing dialogue about potential electoral reforms while respecting constitutional boundaries.

Closing Remarks

• Thanks everyone present before transitioning to Senator Gerardo Fernández Noroña for further comments on the presented work.

Discussion on Electoral Representation and Constitutional Issues

Overview of the Case Presented by Dr. Felipe LaMacha

• Dr. Felipe LaMacha describes a straightforward case regarding the established criteria for representation distribution, referencing the INE's 2023 guidelines.

• Criticism is directed at Córdoba, a key opponent, highlighting his previous unsuccessful challenges to electoral decisions.

Analysis of Judicial Decisions

• Alejandra Tello's presentation succinctly outlines the issues at hand and supports the tribunal's decision as constitutionally sound.

• Javier Corral’s article clarifies why the proportional representation determination was both constitutional and mathematically valid, noting that Morena lost two legislators due to overrepresentation rules.

Opposition's Stance on Democracy

• The speaker argues that opposition demands reflect an aversion to democratic processes, suggesting they wish to undermine public decision-making.

• Since February 2024, President López Obrador has introduced reforms that clarify voter intentions in upcoming elections.

Judicial Authority and Constitutional Amendments

• The opposition sought judicial intervention to alter constitutional provisions unlawfully; however, Norma Piña’s actions in court demonstrated adherence to legal boundaries despite losing votes.

• Piña faced criticism for her interpretation of qualified majority voting but ultimately maintained integrity in her role.

Implications of Overrepresentation

• The concept of overrepresentation is criticized as detrimental; if Mexico operated under a pure majority system, it would yield disproportionate legislative power.

• There were alternative mathematical and political paths available that could have been pursued by those opposing the tribunal’s decisions.

Public Sentiment and Future Elections

• The populace recognizes their electoral power and is actively exercising it; there are concerns about maintaining majorities in future elections against opposition efforts.

• Accusations against the Electoral Tribunal suggest attempts to manipulate outcomes favorably for opposition parties while undermining public support for current governance.

Integrity within Judicial Processes

• Reyes-Mondragón’s vote reflects personal integrity despite his political affiliations; he chose not to compromise his principles during critical votes.

Conclusion on Electoral Fairness

• The discussion concludes with a critique of calls for constitutional changes aimed at limiting voter rights or altering electoral fairness based on partisan interests.

Political Dynamics and Electoral Reforms in Mexico

The Nature of Political Alliances

• The speaker expresses a lack of concern about being part of a majority, contrasting with Javier Corral's views. They describe current political alliances as "absolutely twisted."

• Discusses the concept of "candidaturas comunes" (common candidacies), where allied parties compete for the same electorate, undermining traditional coalitions.

• Predicts the decline of major political parties like PRI and PAN by 2027 and 2030, emphasizing that these outcomes depend on the Mexican people's votes.

Legislative Changes and Their Implications

• Advocates for reinstating common candidacies to allow proportional representation under a unified political force rather than fragmented lists from multiple parties.

• Highlights that electoral coalitions dissolve on election day, complicating proportional representation distribution based on coalition status.

Judicial Reform and Democratic Responsibility

• Critiques the judicial system's corruption and calls for reforms to ensure all institutions derive authority from the people, noting that only the judiciary is not elected by them.

• Stresses that democracy means majority rule; those elected must fulfill their campaign commitments responsibly.

Personal Reflections on Literature and Civic Engagement

• Shares personal anecdotes about promoting literature outside their home, expressing love for reading as an essential civic duty tied to honesty and constitutional commitment.

Acknowledgments and Future Aspirations

• Recognizes contributions from various individuals in politics and academia while emphasizing collective responsibility towards electoral integrity.

• Concludes with gratitude towards attendees at an event discussing electoral reforms, encouraging engagement with literature related to these topics.