Wednesday, July 19, 2006

Building A Hay Trough For Miniature Horses

cancel the presidential election, experts conclude

presidential election, experts conclude Excelsior Editorial nacional@nuevoexcelsior.com.mx A study by a firm of lawyers specializing in election matters, at the request of business groups, concluded that under current law "can not override the election for President. " The study, which was seen by Excelsior, concludes that "neither the Constitution nor in the General Law on the System on Electoral Matters Challenge (LGSMIME) provides this possibility, contrary to the elections for deputies and senators in those who did such a possibility is expressly provided. "Article 50 of the LGSMIME says," are actionable measures through the trial of disagreement, in terms of the Code of Federal Institutions and electoral procedures and the present law, the following: a) The election of President of the United Mexican States, the results stated in the respective district computer records, for revocation of the vote received in one or more boxes or arithmetical error ". The sentence in this trial, entered the study by experts, can have no effect" to declare the nullity of the votes cast in one or more boxes and modify accordingly, the minutes of computing respective district, or to correct the district counts when they are challenged by mathematical error. "If we wanted," continues the study, given the same treatment to the election the presidential and Senate, they have been made, but in the constitutional and legal texts is always a clear difference. "He cites Article 41 of the Constitution in which, say the lawyers," does not indicate that all acts shall be subject to remedies, but it makes a reference to the law, which does not envisage the possibility of canceling the presidential election. In The Constitution limits the role of the Electoral Tribunal to the computation of the election, according to Article 99 fraccón II of the Constitution: "The superior perform the final results of the election of President of the United Mexican States, when resolved, if , challenges that may have been brought on it, and proceeded to make the declaration of validity of the election and the president-elect will be the candidate who obtained the greatest number of votes. " The study of the lawyers said that in the LGSMIME not provide for any rule that you can detach it entirely possible to override the presidential election, there is no standard which does not provide any consequences related to such election. In addition, the documents should also argues that the claimed "abstract void" against the election for President of the Republic, a term that was applied in the legal proceedings that led to the cancellation of elections in Tabasco, because there were elements that could lead to consider that the election was not free. "The theory of abstract void has continued to develop the Tribunal in connection with the challenge of other choices like Colima, Nayarit, State of Mexico, Tlaxcala and Veracruz, some of which were declared valid Emmanuel and others. In the case of the invalidity the election for governor in Tabasco in 2000, the Court held that in this local law, those under legal circumstances that give rise to declare void the election, may cancel the election for governor and not just count the same, no act or resolution may escape electoral systems of remedies, by violating the prohibitions in the law should produce any legal effect. There are also specialists say, two types of annulments established in the law, "specific to refer to the voting boxes and the non-specific and abstract, dealing with the systematic and functional interpretation of the provisions and apply its principles. The court must find the content of the abstract nullity according to the principles that underpin a democratic election. The Court found that in Tabasco if there are elements to consider that the election was not free because "there was no government neutrality, the official times on television, especially on state television, were more than 80% of airtime devoted to official candidate, presented documents that a secretariat financed the electoral Kampala. were open 50% of all the ballot boxes, most without legal justification and presented evidence that electoral stationery was burned, among other reasons. The paper further concludes specialists, the "Federal Electoral Institute released a series of agreements to regulate the conduct of the elections, which were approved by representatives of all political parties. There was equal access of candidates to media, ballot boxes were not opened without just cause, he says, the irregularities are few and isolated, so it does not affect the outcome of choice;. " http://www.nuevoexcelsior.com.mx/Excelsior/macros/GenericNewsWithPhoto.jsp?contentid=8235&version=1

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