Article 35 Political Constitution of the United Mexican States

The rights of citizenship are:

I.To vote in popular elections;

II.To be able to be voted for under conditions of parity for all positions of popular election, having the statuses that the law establishes. The right to request the registration of candidates before the electoral authority corresponds to political parties, as well as to citizens who request their registration in an independent manner and comply with the requirements, conditions and terms determined by the legislation;

III.To associate individually and freely in order to take part peacefully in the political affairs of the country;

IV.To take up arms in the permanent Armed Forces or in the reserve corps, for the defense of the Republic and of its institutions, in the terms prescribed by the laws;

V.To exercise the right of petition in every class of business.

VI.To be able to be appointed to any employment or commission of the public service, having the statuses that the law establishes;

VII.To initiate laws, in the terms and with the requirements that this Constitution and the Law of the Congress indicate. The National Electoral Institute (Instituto Nacional Electoral) shall have the powers that the law grants it in this matter;

VIII.To vote in popular consultations on matters of national or regional transcendence, which shall be subject to the following:

1o. They shall be convened by the Congress of the Union at the request of:

a)The President of the Republic;

b)The equivalent of thirty-three percent of the members of any of the Chambers of the Congress of the Union; or

c)In the case of popular consultations on matters of national transcendence, citizens, in a number equivalent to at least two percent of those registered in the nominal list of electors, in the terms determined by the law.

In the case of popular consultations on matters of regional transcendence within the competence of the Federation, the citizens of one or more states (federal entities), in a number equivalent to at least two percent of those registered in the nominal list of electors of the state or states (federal entities) that correspond, in the terms determined by the law.

With the exception of the hypotheses provided in subparagraph c) above, the request must be approved by the majority of each Chamber of the Congress of the Union;

2o. When the total participation corresponds to at least forty percent of the citizens registered in the nominal list of electors, the result shall be binding for the federal Executive and Legislative powers and for the competent authorities;

3o. The restriction of the human rights recognized by this Constitution and in the international treaties of which the Mexican State is a party, nor the guarantees for their protection, may be the object of popular consultation; nor the principles enshrined in article 40 of the same; the permanence or continuity in office of public officials of popular election; electoral matters; the financial system, revenues, expenditures and the Budget of Expenditures of the Federation; infrastructure works under execution; national security and the organization, functioning and discipline of the permanent Armed Forces. The Supreme Court of Justice of the Nation shall rule, prior to the convocation made by the Congress of the Union, on the constitutionality of the subject matter of the consultation;

4o. The National Electoral Institute shall be in charge, directly, of the verification of the requirement established in subparagraph c) of subsection 1o. of this section, as well as of the organization, dissemination, development, count and declaration of results.

The Institute shall promote the participation of citizens in popular consultations and shall be the only instance in charge of the dissemination of the same. The promotion must be impartial and may under no circumstance be directed to influencing the preferences of the citizenry, but must focus on promoting informed discussion and reflection of the citizens. No other natural person or legal person, whether on their own account or on behalf of third parties, may contract advertising on radio and television directed to influencing the opinion of citizens on popular consultations.

During the time that the popular consultation process comprises, from the convocation and until the conclusion of the voting day, the dissemination in the media of all governmental propaganda of any order of government must be suspended, except those whose purpose is to disseminate information campaigns of the electoral authorities, those related to educational and health services, or those necessary for civil protection in cases of emergency;

5o. The popular consultations convened in accordance with this section shall be held on the first Sunday of August;

6o. The resolutions of the National Electoral Institute may be challenged in the terms of the provisions of section VI of article 41, as well as of section III of article 99 of this Constitution; and

7o. The laws shall establish what is pertinent to make effective the provisions of this section.

IX.To participate in the mandate revocation processes.

The one referring to the revocation of mandate of the President of the Republic shall be carried out in accordance with the following:

1o. It shall be convened by the National Electoral Institute at the request of male and female citizens, in a number equivalent to at least three percent of those registered in the nominal list of electors, provided that in the request they correspond to at least seventeen states (federal entities) and that they represent, at a minimum, three percent of the nominal list of electors of each of them.

The Institute, within the following thirty days from the receipt of the request, shall verify the requirement established in the preceding paragraph and shall immediately issue the convocation to the process for the revocation of mandate.

2o. It may be requested on a single occasion and during the three months following the conclusion of the third year of the constitutional term.

Male and female citizens may gather signatures for the mandate revocation request during the month prior to the date provided in the preceding paragraph. The Institute shall issue, as of this date, the formats and means for the collection of signatures, as well as the guidelines for the related activities.

3o. It shall be carried out by means of free, direct and secret voting of male and female citizens registered in the nominal list, on the first Sunday of June of the fourth year of the constitutional term, concurrently with the federal or local electoral days.

4o. For the mandate revocation process to be valid there must be a participation of at least forty percent of the persons registered in the nominal list of electors. Mandate revocation shall only proceed by absolute majority.

5o. The National Electoral Institute shall be in charge, directly, of the organization, development and count of the voting. It shall issue the results of the mandate revocation processes of the holder of the Federal Executive Power, which may be challenged before the Superior Chamber of the Electoral Tribunal of the Federal Judiciary (Tribunal Electoral del Poder Judicial de la Federación), in the terms of the provisions of section VI of article 41, as well as in section III of article 99.

6o. The Superior Chamber of the Electoral Tribunal of the Federal Judiciary shall carry out the final count of the mandate revocation process, once the challenges that may have been filed are resolved. As the case may be, it shall issue the declaration of revocation and the provisions of article 84 shall be observed.

7o. The use of public resources for the collection of signatures, as well as for purposes of promotion and propaganda related to the mandate revocation processes, is prohibited.

The Institute and the local public bodies, as applicable, shall promote citizen participation and shall be the only instance in charge of the dissemination of the same. The promotion shall be objective, impartial and for informative purposes.

No other natural person or legal person, whether on their own account or on behalf of third parties, may contract advertising on radio and television directed to influencing the opinion of male and female citizens.

During the time that the mandate revocation process comprises, from the convocation and until the conclusion of the voting day, the dissemination in the media of all governmental propaganda of any order of government must be suspended.

The public powers, the autonomous bodies, the dependencies and entities of the public administration and any other entity of the three orders of government may only disseminate the information campaigns related to educational and health services or those necessary for civil protection.

8o. The Congress of the Union shall issue the regulatory law.