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Attorneys and Lawyers in Cabo San Lucas, Baja California Sur, Mexico, Los Cabos, Abogados y Bufete en México
As we continue with our entries for the bi-lingual attorneys and lawyers in Cabo San Lucas, San Jose del Cabo and the Los Cabos area of Baja California Sur we have the following:
Continuando con lo mismo articulo ..41...ahora en english, para los abogados y bufetes en Cabo San Lucas, San José del Cabo y el área de Los Cabos en Baja California Sur...
Article 41 - The people exercise their sovereignty by means of the Powers of the Union in the cases of the competency of these, and by those of the States in those things that concern their internal affairs, in the terms established by the present Federal Constitution and those of the States, which in no case may contravene the stipulations of the Federal Pact.
The change of the Legislative and Executive powers will take place by means of free, authentic, and periodic elections, conforming to the following bases:
I. Political parties are entities of public interest; the law will determine the specific forms of their participation in the electoral process. The national political parties will have the right to participate in state and municipal elections.
Political parties have as an end to promote the participation of people in democratic life, to contribute to the integration of national representation and, as organizations of citizens, to make possible the access of the exercise of public power to them, in accord with the programs, principles, and ideas that they advocate, and by means of universal, free, secret, and direct suffrage. Only citizens may affiliate freely and individually with political parties.
II. The law will guarantee that the national political parties will have, in a fair manner, the elements to conduct all their activities. As such, they will have the right of use of the popular means of communication in permanent form, in agreement with the forms and procedures which establish them. Besides, the law will specify the rules to which the financing of political parties will be subject, guaranteeing that public resources prevail over those of private origin.
Public financing for political parties that maintain their registry after each election, will consist of the amounts destined to sustain their permanent ordinary activities, and those used in the obtaining of the vote during electoral processes. It will be granted as follows, and according to law.
A) Public financing for the sustaining of their ordinary permanent activities will be set annually, by using the minimum campaign costs calculated by the superior organ of direction of the Federal Electoral Institute, the number of senators and deputies to elect, the number of parties in the chambers of the Congress of the Union, and the duration of the electoral campaigns. Thirty percent of the total resulting from what was given previously will be distributed among the political parties in equal form, and the remaining 70% will be distributed among them according to the percentage of votes that they obtained in the last election for deputies.
B) Public financing for the activities pertaining to the obtaining of the vote during electoral processes, will be equivalent to an amount that each political party receives for its activities in that year, and;
C) A portion of the annual financing distributed to political parties will be distributed for activities relative to education, training, socioeconomic and political research, as well as editorial work.
The law will set the criteria in order to determine the limits of financing of political parties in their electoral campaigns, establish the maximum amounts that their sympathizers may contribute financially, and the procedures for control and watching over the origin and use of all resources available to them. At the same time, it will specify the sanctions to be imposed upon them for noncompliance with these dispositions.
III. The organization of federal elections is a state function to be carried out by an autonomous public organism called the Federal Electoral Institute, granted juridical personality and its own budget. It will be formed through the participation of the Legislative Power, the political parties, and citizens in the terms that the law orders. In the exercise of this state function, certainty, legality, independence, impartiality, and objectivity will be principal guides.
The Federal Electoral Institute will be authoritative in its matters, independent in its decisions and functioning, and professional in the discharge of its duties. It will have a structure with direction, executive, technical, and vigilance organs. The General Council will be its superior organ of direction, and will have a council president and eight electoral council members. With a voice, but without a vote, it will include council members from the Legislative Power, representatives of the political parties, and an executive secretary. The law will determine the rules and functioning of its organs, as well as the chain of command among them. The executive and technical organs will have the personnel available to give professional electoral service. The dispositions of the electoral law and the statute based on it will be approved by the General Council, and regulate labor relations of the servants of the public organism. The organs of vigilance will be made up mostly by representatives of the national political parties. Direction of tables of polling places will be staffed by citizens.
The council president and members of the General Council will be selected at the same time, by a vote of two thirds of the members present of the Chamber of Deputies, or, in its recesses, by the Permanent Commission, from the proposal of the parliamentary groups. Conforming to the same procedure, eight alternate council members will be designated, in order of preference. The law will establish the rules and procedures for the selections.
The council president and members will remain in their duties for seven years, and they may not have any other employment, duties, or commissions, with the exception of those for which they represent the General Council, and those they discharge in educational, scientific, cultural, research, or charitable associations, for which they are not reimbursed. The pay that they receive will be equal to that specified for the ministers of the Supreme Court of Justice of the Nation.
The executive secretary will be named by two thirds of the General Council, upon the proposal of the president.
The law will establish the requirements for the designation of the president of the General Council, the council members, and the executive secretary of the Federal Electoral Institute, who will be subject to the regimen of responsibilities established in the Fourth Title of this Constitution.
The council members of the Legislative Power will be proposed by the parliamentary groups with party affiliation in one or both of the Chambers. There may be only one council member for each parliametary group that is not recognized in both Chambers of the Congress of the Union.
The Federal Electoral Institute will have at its charge, in complete and direct form, besides what the law determines, activities relative to civic training and education, electoral boundaries, the rights and prerogatives of interest groups and political parties, the register and list of voters, printing of electoral materials, preparation of the electoral day, computation of results in the terms that the law specifies, declaration of validity and granting of certificates of election of deputies and senators, computing of the results of the election of the President of the United Mexican States in each single election district, as well as regulation of poll watching, and written or verbal opinion polls with electoral ends. The sessions of all collected organs of direction will be public, in the terms that the law specifies.
IV. To guarantee the principles of constitutionality and legality of electoral acts and resolutions, a system of means of challenge will be established, in the terms that this Constitution and the law specify. This system will make definite the distinct stages of electoral processes, and guarantee protection of the political rights of voting citizens. Challenges will be voted on in association, in the terms of Article 99 of this Constitution.
In electoral matters, the use of the constitutional or legal means of challenge wil not produce effects that will suspend the challenged resolution or act.
