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i) The existence of an essential social need – essential public interest
187. The State argued that the system of nomination for public office by political parties
responded to various social needs. First, it responded to a historical and political necessity;
that of creating and strengthening a system of political parties where such a system did not
exist and where, to the contrary, there had been a hegemonic party or official State party
regime. In that respect, the State argued that from 1917 to 1946, independent candidacies
were permitted by law. The Electoral Act published on January 7, 1946, established that
only the political parties could register candidates, excluding the possibility of citizens
aspiring to be elected to public office independently of the political parties at the federal
level. Shortly after the publication of this law, the Mexican Party of the Revolution (PRM)
was transformed and gave rise to the Institutional Revolutionary Party (PRI) and “[f]or
decades, PRI was the party that played a dominant role in the State’s political structure.”
The “minimal party system at that time became a model [defined] as the ‘hegemonic party
system.’” Consequently, the subsequent constitutional reforms were aimed at “opening up
the party system to all the political options that the political plurality of a society requires,”
and neither the 1977 reform nor the subsequent reforms incorporated the mechanism of
independent candidacies at the federal level, because “the principal objective of all the
reforms was, first, to build up a party system where there had been none and, second, to
strengthen this party system. These reforms were elaborated based on the premise that
“democracy cannot exist without an open, representative, plural, equitable and competitive
party system. This is why a mixed system of party financing was created, although with a
predominantly public component, which has provided the political parties with important
resources to bring about equity in the electoral processes.”
188. The State also indicated that its system of registering candidacies also responds to
the need to organize an electoral process in a society of 75 million voters, in which
independent candidacies could “[…] promote the multiplication of those who aspire to public
office, so that the popular representation would be fragmented and it could reach a level
where the electoral process would be inoperative, owing to the complications that could
arise at its different stages.”
189. Lastly, according to the State, the need for the system in force is also related to the
predominantly public system of financing the Mexican electoral system. This financing model
has three purposes: first, to create conditions of equity in the political campaign; second, to
introduce transparency in the resources provided to the electoral campaigns by ensuring the
certainty of the origin of most of the money used and, third, to prevent private, lawful or
unlawful interests influencing the political campaign. In this regard, the State argued that
independent candidacies: (i) would make it difficult to monitor financing, which could lead to
private interests predominating over the public interest and even to the possibility of
unlawful activities related to certain challenges “facing the country, particularly those
relating to large-scale organized crime”; (ii) could lead to the distribution of public funds
becoming a system that was impossible to finance, given the predominantly public funding
of candidates, with the consequent and evident inequality among the candidates postulated
by the political parties and those that eventually run for office independently, and (iii) would
establish a system that was very complicated to administer in terms of equality in electoral
processes; “it is evident that financial capacity is needed to develop an independent
candidacy and recruit voters, which implies inequality as regards those that do not have this
capacity.” The introduction of independent candidacies would entail a radical change in the
electoral system, which has been conducted successfully over the past decade.
190. The representatives argued the need for independent candidates for the following
reasons, among others: only a very small percentage of the population was interested in
taking part in a party organization; the limited credibility of the political parties and the
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