Article 99 Political Constitution of the United Mexican States

The Electoral Tribunal shall be, with the exception of the provisions of section II of Article 105 of this Constitution, the highest jurisdictional authority in the matter and specialized body of the Federal Judiciary.

For the exercise of its powers, the Tribunal shall function permanently with a Superior Chamber and regional chambers; its resolution sessions shall be public, under the terms determined by law. It shall have the legal and administrative personnel necessary for its adequate functioning.

The Superior Chamber shall be composed of seven Electoral Magistrates. Every two years the presidency of the Tribunal shall be renewed on a rotating basis according to the number of votes obtained by each candidacy in the respective election, the presidency corresponding to those who obtain the highest vote.

The Electoral Tribunal shall be responsible for resolving definitively and unassailably, under the terms of this Constitution and as provided by law, on:

I.The challenges in the federal elections of the deputies, the senators, Ministers of the Supreme Court of Justice of the Nation, Magistrates of the Judicial Discipline Tribunal, Circuit Magistrates and District Judges;

II.The challenges that are presented regarding the election of President of the United Mexican States, which shall be resolved in sole instance by the Superior Chamber.

The Superior and regional chambers of the Tribunal may only declare the nullity of an election for the grounds expressly established in the laws.

The Superior Chamber shall make the final count of the election of President of the United Mexican States, once the challenges that may have been filed regarding it have been resolved, proceeding to formulate, where applicable, the declaration of validity of the election and that of President Elect with respect to the candidate who has obtained the greatest number of votes.

III.The challenges of acts and resolutions of the federal electoral authority, other than those indicated in the two preceding sections, that violate constitutional or legal norms, as well as in matters of revocation of mandate;

IV.The challenges of definitive and final acts or resolutions of the competent authorities of the states (federal entities) to organize and qualify the elections or resolve the controversies that arise during them, which may be determinative for the development of the respective process or the final result of the elections. This route shall proceed only when the reparation requested is materially and legally possible within the electoral time frames and is feasible before the date constitutionally or legally fixed for the installation of the bodies or the taking of office of the elected officials;

V.The challenges of acts and resolutions that violate the political-electoral rights of citizens to vote, to be voted for and of free and peaceful affiliation to take part in the political affairs of the country, under the terms established by this Constitution and the laws. In order for a citizen to resort to the jurisdiction of the Tribunal for violations of his rights by the political party to which he is affiliated, he must have previously exhausted the conflict resolution instances provided in its internal norms; the law shall establish the applicable rules and time frames;

VI.The labor conflicts or differences between the Tribunal and its employees;

VII.The labor conflicts or differences between the National Electoral Institute and its employees;

VIII.The determination and imposition of sanctions by the National Electoral Institute on parties or political groups or natural or legal persons, national or foreign, that infringe the provisions of this Constitution and the laws;

IX.The matters that the National Electoral Institute submits to its knowledge for violations of what is provided in Base III of Article 41 and eighth paragraph of Article 134 of this Constitution; of the norms on political and electoral propaganda, as well as for the carrying out of early acts of pre-campaign or campaign, and to impose the corresponding sanctions, and

X.The others indicated by law.

The chambers of the Electoral Tribunal shall make use of the necessary means of enforcement to enforce expeditiously its judgments and resolutions, under the terms fixed by law.

Without prejudice to the provisions of Article 105 of this Constitution, the chambers of the Electoral Tribunal may resolve the non-application of laws on electoral matters contrary to this Constitution. The resolutions issued in the exercise of this power shall be limited to the specific case at issue. In such cases the Superior Chamber shall inform the Supreme Court of Justice of the Nation.

When a chamber of the Electoral Tribunal supports a criterion on the unconstitutionality of some act or resolution or on the interpretation of a provision of this Constitution, and said criterion may be contradictory with one supported by the Supreme Court of Justice, any of the Ministers or the parties may report the contradiction under the terms established by law, so that the Plenary of the Supreme Court of Justice of the Nation decides definitively which criterion must prevail. The resolutions issued in this case shall not affect matters already resolved.

The organization of the Tribunal, the competence of the chambers, the procedures for the resolution of the matters within its competence, as well as the mechanisms to set mandatory jurisprudence criteria in the matter, shall be those determined by this Constitution and the laws.

The Superior Chamber may, on its own motion, at the request of a party or of one of the regional chambers, attract the proceedings known to the latter; likewise, it may send matters within its competence to the regional chambers for their knowledge and resolution. The law shall indicate the rules and procedures for the exercise of such powers.

The administration in the Electoral Tribunal shall correspond to the judicial administration body, under the terms indicated by law, while its discipline shall correspond to the Judicial Discipline Tribunal. The Electoral Tribunal shall propose its budget to the judicial administration body for its inclusion in the draft Budget of the Federal Judiciary. Likewise, the Tribunal shall issue its Internal Regulation and the general agreements for its adequate functioning.

The electoral magistrates who make up the Superior Chamber shall be elected by the citizenry at the national level in accordance with the bases and the procedure provided in Article 96 of this Constitution.

The electoral magistrates who make up the Superior Chamber must satisfy the requirements demanded to be a Minister of the Supreme Court of Justice of the Nation and shall hold their office for six years, non-extendable. The resignations, absences and leaves of electoral magistrates of the Superior Chamber and the regional chambers shall be processed, filled and granted under the terms of Article 98 of this Constitution.

The electoral magistrates who make up the regional chambers must satisfy the requirements indicated by law, which may not be less than those indicated in the preceding paragraph. They shall be elected by electoral circumscriptions, under the terms and modalities determined by law, in accordance with the procedure applicable to the magistracies of the Superior Chamber, and shall hold their office for six years, non-extendable.

The personnel of the Tribunal shall govern their employment relationships in accordance with the provisions applicable to the Federal Judiciary and the special rules and exceptions indicated by law. The entry, training, permanence and other aspects inherent to the public officials who belong to the judicial career service shall be subject to the regulation established in the applicable legal provisions.