CNN
–
Mexico is scheduled to hold its first judicial election on Sunday, with hundreds of judges, magistrates and justice taking part in votes across the country.
It’s an unprecedented contest where supporters democratize courts, but critics fear it will be susceptible to politicians and criminal groups.
Nearly 900 federal positions, including all nine seats in the Supreme Court, will include around 1,800 local positions in 19 states. Sunday’s event is the first of two voting stages, with the second voting stage for 2027 set.
The vote is the result of constitutional reforms approved last year in the final weeks of Andre’s Manuel Lopez Obrador’s presidency. He argued that the change was necessary to be exempt from the court and to give voters a greater say in the judicial process.
However, opposition viewed it as Lopez Obrador’s attempt to strengthen the strength of his dominant Morena party by reviewing the judiciary that often blocked some of his policy proposals.
Critics also worry that selecting judges through the popular vote could compromise the independent authority of the court, thereby maintaining the law and restraining other authority in times of rampaging crime and corruption.
Before reforms were enacted, Supreme Court judges were appointed by the President and approved by the Senate, while federal judges were selected by the Judicial Committee using exams and coursework that assessed candidates on a judicial system basis.
In the new system, federal candidates will be elected to the public after being examined and appointed by the three branches of the government.
Unlike other elections, people running for judicial positions cannot be nominated or supported by political parties, according to Mexican election officials. They also cannot receive public or private funds. This means you have to fund your campaign yourself. Reform proponents say it reduces the likelihood that political actors will be affected, but critics say they prefer wealthy candidates.
Candidates are also prohibited from purchasing campaign ads on TV or radio, but can promote themselves on social media, interviews and other forums.
Upon in office, the elected judge will be assessed by the newly established Judicial Disciplinary Tribunal. It has the power to investigate and sanction legal personnel except for Supreme Court Justice and election magistrates. These sanctions include suspension, financial penalties, dismissals and disqualification.
The rules prohibit political parties from providing direct support to candidates, but critics warn that encouraging voters to select people to suit their interests can still affect race.
Local media reports that some politicians and their supporters have been accused of distributing pamphlets or cheat sheets.
A few days before the election, the National Institute of Elections (INE) has organized the votes – said it is investigating two complaints related to the use of such pamphlets.
“The law is very clear about who can’t intervene in this. There is no political government or political party at either level,” INE adviser Claudia Zabara said in an interview with Millenio TV.
CNN has checked with Zavala for details.
Another concern is that political parties may theoretically have the say that candidates will be nominated in the first place. If a single party shakes three branches of the government that oversees the nomination process of candidates, that party could affect those who arrive at the vote.
“We’ve been working hard to get the better of our customers,” said Stephanie Brewer, Mexico’s director of the Washington office in Latin America.
There is similar concern about the new judicial disciplinary court, which aims to oversee inauguration judges. Brewer says if political actors can influence it, they could then put pressure on the overseeing judge.
One of the biggest concerns rights groups warn is that elections can also be affected by criminal groups.
In previous races, Mexican cartels used violence to influence the outcome of the vote. Often by attacking or assassinating candidates they oppose. Last year, the country recorded record number of victims of political crimes as human rights group Datasivika reported 661 attacks on people and facilities. Many of the victims either held or were running at the local government level position.
This year, the assessment of think tank Mexico warned that eight states are at a high risk of political crime violence in future judicial elections, saying “through violence, organized crime is likely to seek to seize jurisdiction, particularly at the local level.”
Several political attacks have been documented in the lead-up to the election, but most of them involved mayoral candidates.
Miguel Meza, the defensorxs rights group, has yet to see any attacks on judicial candidates, but says there are other risks remaining.
“The cartel could identify winners that could potentially be exchanged for loyalty and provide support,” he said. Such actions have happened before and have never seen them in this election, but “in other people it could intensify.”
Defensorxs has also raised questions about some judicial candidates. While many have extensive experience in the judicial field, Defensorxs determined that it was “related to organized crime, sexual crime, political religion and other injustice.”
One of them served in a US prison on drug crimes for nearly six years after being accused of smuggling more than four kilograms of methamphetamine, according to Reuters. The candidate said on Facebook that he was faced with an “unjust” judicial process and “moved ahead.”
Another candidate was a defense attorney who joined the team representing Dr. Joaquin “El Chapo” Guzman in 2016. This is a decision he defended by telling the AP that “everyone has an effective defence right.”
Meza said his group filed complaints with INE against some of these candidates, but was told that election officials could not nullify the candidacy at this point. If one of them was to win the election, Meza said the group was told that they could try and challenge the victory in the election court.
CNN has contacted INE for more details.
A poll by the Pew Research Center found that most Mexicans approve judicial reform.
The policy sparked protests in September when Congress was voting for it, but 66% of those surveyed earlier this year supported it, saying it has high approval among Morena supporters and younger adults.
Still, judicial elections face intense criticism from the opposition.
Former Pan President Vicente Fox urged people not to vote on Sunday.
“Judicial elections are not democratic. It’s a farce. It’s a hoax… don’t go, don’t waste your time,” he said in X.
Several private organisations and opposition figures show they will boycott the vote on Sunday, with some calling for national protests on Election Day.
Mexican President Claudia Sheinbaum opposed these calls and urged Mexicans to participate in the election process and decide who constitutes the judiciary.
“It would be better for millions of people to vote than the president and the Republican Senator,” she said.
