CHAPTER I Area of application and criteria of interpretation (articles 1-2) SECOND TITLE Common rules applicable to the means of impugnment

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1 LAW OF THE MEANS OF IMPUGNMENT CONTENT FIRST BOOK Impugnment Means System FIRST TITLE General provisions CHAPTER I Area of application and criteria of interpretation (articles 1-2) CHAPTER II Means of impugnment (articles 3-5) SECOND TITLE Common rules applicable to the means of impugnment CHAPTER I General preventions (Article 6) CHAPTER II Period and terms (articles 7-8) CHAPTER III Requirements of the mean of impugnment (Article 9) CHAPTER IV Inadmissibility and discontinuation (articles 10-11) CHAPTER V Parts(Article 12)

2 CHAPTER VI Legitimization and the Legal status (Article 13) CHAPTER VII Evidences (articles 14-16) CHAPTER VIII Formalities (articles 17-18) CHAPTER IX Sustantiation (articles bis) CHAPTER X Rulings and sentences (articles 22-25) CHAPTER XI Notifications (articles 26-30) CHAPTER XII Accumulation (articles 31) CHAPTER XIII Fulfillment and execution of rulings pronounced by the courtrooms, of the urgent measures and disciplinary corrections (articles 32-33) SECOND BOOK Means of impugnment and nullities in electoral federal matter FIRST TITLE General provision (Article 34) 4

3 LAW OF THE MEANS OF IMPUGNMENT SECOND TITLE Review resource CHAPTER I Origin (Article 35) CHAPTER II Responsibilities (Article 36) CHAPTER III Sustantiation and ruling (article 37-38) CHAPTER IV Notifications (article 39) THIRD TITLE Appeal resource CHAPTER I Origin (articles bis) CHAPTER II Responsibilities (Article 44) CHAPTER III Legitimization and legal status (Article 45) CHAPTER IV Sustantiation (Article 46)

4 CHAPTER V Sentences (Article 47) CHAPTER VI Notifications (Article 48) FOURTH TITLE Dissent CHAPTER I Origin (articles 49-51) CHAPTER II Special requirements of writing demand (Article 52) CHAPTER III Responsibilities (Article 53) CHAPTER IV Legitimization and legal status (Article 54) CHAPTER V Period and terms (Article 55) CHAPTER VI Sentences (articles 56-59) CHAPTER VII Notifications (Article 60) FIFTH TITLE 6

5 LAW OF THE MEANS OF IMPUGNMENT Appeal for reconsideration CHAPTER I Origin (Article 61) CHAPTERII Assumption (Article 62) CHAPTER III Special requirements (Article 63) CHAPTER IV Responsibilities (Article 64) CHAPTER V Legitimization and legal status (Article 65) CHAPTER VI Period and terms (Article 66) CHAPTER VII Formalities (articles 67-68) CHAPTER VIII Sentences (Article 69) CHAPTER IX Notifications (Article 70) SIXTH TITLE Nullities

6 CHAPTER I General rules (articles 71-74) CHAPTER II Nulity of votes (Article 75) CHAPTER III Federal elections nullity (articles 76-78) THIRD BOOK Trial for the protection of the citizen s political - electoral rights ONLY TITLE Particular rules CHAPTER I Origin (articles 79-82) CHAPTER II Responsibilities (Article 83) CHAPTER III Sentences and notifications (articles 84-85) FOURTH BOOK Trial of constitutional electoral review THE ONLY TITLE Particular rules 8

7 LAW OF THE MEANS OF IMPUGNMENT CHAPTER I Origin (Article 86) CHAPTER II Responsibilities (Article 87) CHAPTER III Legitimization and legal status (Article 88) CHAPTER IV Formalities (articles 89-92) CHAPTER V Sentences and notifications (Article 93) FIFTH BOOK Labor trial, a right of the Federal Electoral Institute public servants ONLY TITLE Special rules (articles 94-95) ONLY CHAPTER Formalities, substantiation and ruling (articles ) TRANSITORY Law published in the Official Gazette of the Federation on November 22, Updated with the published reforms on July 1, 2008.

8 In the margin, a stamp with the National Coat of Arms, which reads: United Mexican States.- Presidency of the Republic. ERNESTO ZEDILLO PONCE DE LEÓN, Constitutional President of the United Mexican States, to his inhabitants, know: that the Congress of the Union has sent me the following DECREE: The Congress of the United Mexican States, delivers this decree: FIRST BOOK System of Means of Impugnment TITLE FIRST General provisions CHAPTER I Application area and interpretation criteria Article 1 1. The present is a public order law, of general observance in the whole Republic and regulation of the articles and 99 of the Political Constitution of the United Mexican States. Article 2 1. For the resolution of the means of impugnment foreseen in this law, the procedure will be interpreted in conformity with the grammatical, systematic and functional criteria. For lack of express disposition, the general principles of the right will be applied. 10

9 LAW OF THE MEANS OF IMPUGNMENT 2. The freedom conservation of the political decision and the right to the auto organization of the political parties, should be considered for the electoral competent authorities, at the moment the impugnments relative to the internal matters of the political parties are resolved. CHAPTER II MEANS OF IMPUGNMENT Article 3 1. The system of means of impugnment regulated by this law has the purpose to guarantee: a) That all the acts and rulings of the electoral authorities invariably abide, as correspond, to the principles of the constitutionality and legality, and b) That the different acts and stages of the electoral processes are definitive. 2. The system of means of impugnment is formed by: a) The review resource, to guarantee the legality of acts and rulings of the federal electoral authority;

10 b) The appeal resource, dissent and appeal for reconsideration, to guarantee the constitutionality and legality of acts and rulings of the electoral federal authority; c) The trial for the protection of the political - electoral rights of the citizen; d) The trial of constitutional electoral review, to guarantee the constitutionality of final and firm rulings of the state competent authorities to organize and to qualify the elections or to solve the controversies that arise during them. e) The labor trial between the Federal Electoral Institute and its public servants. Article 4 1. It corresponds to the Federal Electoral Institute organs to know and to solve the review resource and to the Electoral Court of the Judicial Power of the Federation other means of impugnment foreseen in the previous article, in the form and terms established by this law and by the general agreements that in application of the same one the Superior Court issues. 2. For the sustantiation and rulings of the means of impugnment under jurisdiction of the Electoral Court, for lack of express disposition, that established in the Federal Code of Civil Procedures will be followed. Article 5 1. The federal, state, municipal and of the Federal District authorities, as well as the citizens, political parties, candidates, organizations and political or citizens groups, and all those private individuals or legal entities, who on the occasion of the formalities, sustantiation and ruling of the means of 12

11 LAW OF THE MEANS OF IMPUGNMENT impugnment referred in paragraph 2 of the article 3, do not fulfill with the provisions of this law or disobey the rulings that the Electoral Court pronounces, will be sanctioned in the terms of this law. SECOND TITLE Common applicable rules to the means of impugnment CHAPTER I General preventions Article 6 1. The provisions of this Title apply for the formalities, sustantiation and ruling of all means of impugnment, with exception of the particular rules expressly indicated for each of them in the Books Second, Third Fourth and Fifth of this law. 2. In any case the interposition of the means of impugnment foreseen in this law will produce suspensive effects on the contested act or ruling. 3. The Electoral Court of the Judicial Power of the Federation, in conformity to the provisions of this law, will resolve the matters under its responsibility with full jurisdiction. 4. Without prejudice of the disposed in the article 105 of the Constitution, the Electoral Court of the Judicial Power of the Federation Rooms, in the performance of their jurisdictional functions, will be able to solve the no application of laws on the electoral matter opposite to the own Constitution. The rulings that are pronounced in the performance of this faculty will be limited to the particular case on which the trial turns. In such cases the Superior

12 Court of the Electoral Court will report to the Supreme Court of Justice of the Nation. CHAPTER II Period and terms Article 7 1. During the electoral processes every day and hours are skilful. The period will be calculated at every moment and if they are indicated for days, these will be considered of twenty-four hours. 2. When the violation claimed in the respective impugnment mean does not take place during the development of a federal or local electoral process, as correspond, the calculation of the period will be done counting only the working days, must be understood for such days all days with exception of Saturdays, Sundays and the unskillful ones in terms of law. Article 8 1. The means of impugnment foreseen in this law should be filed within the four days counted from the day following to that one in which there is knowledge of the act or ruling contested, or it had been notified in accordance with the applicable law, except the exceptions foreseen expressly in this law. Article 9 CHAPTER III Impugnment mean requirements 14

13 LAW OF THE MEANS OF IMPUGNMENT 1. The means of impugnment should be filed by writing before the authority or party organ marked as responsible of the act or ruling contested, except the foreseen in clause a) paragraph 1 of the article 43 of this law, and it will have to fulfill with the following requirements: a) To certify the name of the plaintiff; b) To indicate domicile to receive notifications and, in his case, to whom in his name could hear and receive them; c) To enclose the necessary documents to support the legal status of the promoter; d) To identify the act or ruling contested and the responsible person of this; e) To mention in an express and clear way the facts on which the impugnment is based, the damages that the act or ruling contested causes, the supposedly violated rules and, in its case, the reasons by which the no application of laws is requested on the electoral matter for considering them opposite to the Political Constitution of the United Mexican States; f) To offer and bring forward the evidences within the period for the interposition or presentation of the means of impugnment foreseen in this law; to mention, in its case, which will will to be contributed within the above mentioned period; and those who should be needed, when the promoter justifies that opportunely requested them in writing to the competent organ, and these will not have been delivered to him, and g) To certify the name and the autograph signature of the promoter.

14 2. When the claimed violation exclusively is about on points of right, it will not be necessary to fulfill with the requirement foreseen in the clause f) of the previous paragraph. 3. When the impugnment mean does not appear in writing before the corresponding authority, break any of the requirements foreseen by the clauses a) or g) of the paragraph 1 of this article, evidently turn out to be frivolous or whose well-known inadmissibility stems from the provisions of this law, it will be directly rejected. Also it will produce the dissent to what this paragraph refers, when do not exist exposed facts and damages or having indicated only the facts, could not infer any damage from them. 4. With regard to the foreseen in the paragraph 1 clause b) of this article, electronic notification of the ruling will be carried out when the parts request it. The Court will provide of an electronic advanced signature certificate to who requests it. The parts will be able to provide address that possesses mechanisms that confirm the notifications sendings. The parts will have to expressly demonstrate their will to be notified by this route. CHAPTER IV Inadmissibility and discontinuation Article The means of impugnment foreseen in this law will be inadmissible in the following cases: a) When the non-conformity to the Constitution of federal or local laws tries to be contested; 16

15 LAW OF THE MEANS OF IMPUGNMENT b) When acts or rulings try to be contested: that do not affect the juridical interest of the plaintiff; that they had completed in a irreparable way; that had expressly allowed, understanding for these, manifestations of will that contain this consent; or those against which had not interposed the impugnment mean within the period indicated in this law; c) That the promoter lacks the legitimization in the terms of this law; d) When the previous instances established by the federal or local laws have not exhausted, or for the political parties internal rules, as correspond, to combat the electoral acts or rulings, in case they could have been modified, revoked or invalidated, except for the political party acts or rulings are considered to infringe political - electoral rights or the competent partisan organs will not be integrated and installed in advance to the litigious facts, or such organs incur in serious violations of procedure that leave the complaining one defenseless; e) When in the same writing it is pretending to contest more than one election, except the indicated cases in the paragraphs 2 and 3 of the article 52 of this law. f) When in the impugnment mean there is requested, in an exclusive form, the non application of a general rule of electoral matter, which validity had been declared by the Supreme Court of Justice of the Nation, in the terms of the fraction II of the article 105 of the Political Constitution of the United Mexican States, and g) When it is pretending to contest pronounced rulings by the Courtrooms in the means of impugnment which are of its exclusive jurisdiction.

16 Article The discontinuation proceeds when: a) Promoter expressly waives in writing; b) The authority or partisan organ responsible for the act or contested ruling modifies or revokes it, in such a way that the impugnment mean totally stays without matter before ruling or sentence is pronounced; c) Once the impugnment mean is admitted, any inadmissibility reason appears or happens in the terms of this law, and d) The offended citizen dies or is suspended or deprived of his political - electoral rights. 2. When the suppositions referred in the previous paragraph are updated, the next will be followed, as corresponds: a) In the cases of the Court responsibilities, the Electoral Magistrate will propose the discontinuation to the Room, and b) In matters of responsibility of the Institute organs, the Secretary will resolve on the discontinuation. CHAPTER V Parts Article In the means of impugnment procedure the parts are the following: 18

17 LAW OF THE MEANS OF IMPUGNMENT a) The plaintiff, who will be the present legitimated, or through a representative, in the terms of this law; b) The responsible authority or the political party of the foreseen case in clause g) paragraph 1 of the article 80 of this law, that has carried out the act or issued the ruling that is contested, and c) The interested third party, which is the citizen, the political party, the coalition, the candidate, the organization or the political or citizens group, with a legitimate interest in the reason derived from an incompatible right to that one the plaintiff claims. 2. For the effects of clauses a) and c) of the paragraph that it precedes, there will be understood for promoter the plaintiff who files an impugnment mean, and for appearer the interested third party that presents a writing, either that they do it for themselves or through a representative, when they fully justify the legitimization for it. 3. The candidates, exclusively for what refers to the means of impugnment foreseen in the Second Book of this law, could be able to take part as helping of the political party that registered them, in conformity with the following rules: a) Through the writings presentation that demonstrate their convenient right, without in any case the concepts that extend or modify the controversy raised in the impugnment mean or in the writing that interested third party has presented can be taken account; b) Writings should be filed within the established periods for the means of impugnment interposition or, in its case, for the writings of the interested third parties presentation;

18 c) The writings should be accompanied with the document that certifies their legal status in the terms of clause b) paragraph 1 of article 13 of this law; d) Candidates will be able to offer and bring forward evidence just in the case it proceeds and within the period established in these law, provided that they are related to the facts and damages invoked in the impugnment mean interposed or in the writing presented by their political party, and e) Writings should have autographic signature. 4. In case of coalitions, the legal representation will be accredited in the terms of the respective agreement, in conformity with the disposed in the Institutions Federal Code and Electoral Procedures. CHAPTER VI Legitimization and legal status Article Filing the means of impugnment corresponds to: a) The political parties through their legitimate representatives, understanding for these: I. The formally registered ones before the responsible electoral organ, when this one had pronounced the act or ruling contested. In this case, they only will be able to act before the organ where they are accredited; II. The members of the national, state, district, municipal, committees, or their equivalents, as correspond. In this case, they will have to prove their 20

19 LAW OF THE MEANS OF IMPUGNMENT legal status with the appointment made in agreement to the party statutes, and III. Those who have representation faculties in accordance with their statutes or through a conferred power in public deed by the party civil servants authorized for it. b) Citizens and candidates for their own right, without some admissible representation. Candidates will have to go with the original or certified copy of the document where their record consists, and c) Organizations or political or citizens groups, through their legitimate representatives, in conformity with the respective statutes or in terms of the electoral or civil legislation applicable. CHAPTER VII Evidences Article For the ruling of the means of impugnment foreseen in this law, just the following evidences could be offered and admitted : a) Public documentaries; b) Private documentaries; c) Technicals; d) Legal and human Presumptions, and e) Acting documentary.

20 2. The denominational and testimonial ones could also be offered and admitted when they turn on declarations that consist in drowned up minutes before public notary who has received them directly from the declarants, and always that those last ones are properly identified and agree the reason of their declaration. 3. The competent organs to resolve will be able to ordain the recognitions or judicial inspections alleviation, as well as the expert evidences, when the claimed violation deserves it, the period allow their alleviation and be considered determinant in order to with their improvement the contested act or ruling can be modified, revoked or invalidated. 4. For this law effects the documentary public will be: a) The official minutes of the section committees, as well as those of the different calculations that electoral results record. Originals, autographic or certified copies which must be established in the record of every election are considered as official minutes; b) Other original documents sent by the organs or electoral civil servants, into the area of his responsibility; c) The sent documents, into their faculties area, by the federal, state and municipal authorities, and d) The documents sent by who are invested in public faith according to the law, provided that they recorded facts that consist them. 22

21 LAW OF THE MEANS OF IMPUGNMENT 5. They will be private documentaries all the rest of the documents or minutes that the parts provide, as long as they are pertinent and related to their pretensions 6. It will be considered as a technical photograpics evidences, other means of images reproduction and, in general, all those elements provided by the science discoveries that could be vented without experts or instruments, accessories, devices or machinery that cannot be reach of the competent organ to resolve. In these cases, the provider will have to indicate concretely what he tries to prove, identifying the persons, places and circumstances of way and time that the evidence reproduces. 7. The expert just could be offered and admitted into those means of impugnment not linked to the electoral process and to its results, provided that its alleviation is possible in the legally established period. For its offer the following requirements will have to be fulfilled: a) To be offered along with the impugnment writing; b) To indicate the matter on which the evidence will be about, exhibiting the respective questionnaire with copy for each of the parts; c) To specify what it is pretended to prove with this evidence, and d) To indicate the expert name who is proposed and to exhibit his technical credentials. Article Controversial facts are object of evidence. The right, well-known or impossible facts, will not be nor those that have been recognized.

22 2. That one who assure is obliged to prove. Also that one who denies, when his denial involves the express affirmation of a fact. Article The means of evidence will be valued by the competent organ to resolve, attending to the logic, healthy critique and experience rules, taking into account the special provisions indicated in this chapter. 2. The public documentaries will have full evidential value, except evidence in opposite respect of its genuineness or veracity of the facts to which they refer. 3. The private documentary, technicals, presumptions, acting documentary, denominational, testimonial, recognitions or judicial inspections and the experts, just will be a full prove when in the opinion of the competent organ to resolve, other elements that act in the process, the affirmations of the parts, the known truth and the straight reasoning of the relation they keep among them, generate conviction on the veracity of the affirmed facts. 4. In any case they will not be taken in account to solve the offered evidences or provided out of the legal period. The only exception to this rule will be that of supervening evidence, understanding for such conviction means arisen after the legal term in which the evidential elements should be contributed, and those existing since then, but that the promoter, the appearer or the electoral authority could not offer or provide for not have acknowledge of them or for existing obstacles that they were not able to overcome, provided that they are contributed before the instruction closing. 24

23 LAW OF THE MEANS OF IMPUGNMENT CHAPTER VIII Formalities Article The authority or partisan organ, as it is the case, which receives an impugnment mean, against its own acts or rulings, under his most strict responsibility and at once, will have to: a) For the most prompt route, warn of its presentation to the competent organ of the Institute or to the Electoral Court Room, being necessary: plaintiff, act or ruling contested, exact date and hour of its receipt, and b) To do it of the public knowledge by means of document that during a term of seventy two hours it is fixed in the respective court rooms or for any other procedure that guarantees authentically the advertising of the writing. 2. When some organ of the Institute receives an impugnment mean for which it is pretending to combat an act or ruling that is not of its own, it will send it at once, without any additional step, to the organ of the Institute or to the competent Electoral Court Room to proceed with it. 3. The non fulfillment of the obligations to which the previous paragraphs refer, will be sanctioned in the terms foreseen in this law and in the applicable laws. 4. In the term to which the clause b) refers of paragraph 1 of this article, the interested third parties will be able to appear by means of the writings

24 that they consider to be pertinent, same that will have to fulfill the following requirements: a) To appear before the authority or organ responsible for the act or ruling contested; b) To certify the name of the interested third party; c) To indicate domicile to receive notifications; d) To enclose the necessary document or documents to prove the legal status of the appearer, in conformity with the foreseen in the paragraph 1 of the article 13 of this law; e) To specify the reason of the juridical interest on which concrete pretensions of the appearer are founded; f) To offer and bring forward evidence in the term referred in clause b) paragraph 1 of this article; and request those which should be needed, when the promoter justifies that he requested them in writing to the competent organ, and they will not have been delivered to him, and g) To certify the name and the autographic signature of the appearer. 5. The non fulfillment of any of the foreseen requirements by clauses a), b), e) and g) of the previous paragraph, will be a reason to have for not take the corresponding writing as presented. 6. When the controversy is exclusively about right points, it will not be necessary to fulfill with the requisite foreseen in the clause f) paragraph 4 of this article. 26

25 LAW OF THE MEANS OF IMPUGNMENT Article In the following twenty-four hours to the term expiration referred in clause b) paragraph 1 of the previous article, the authority or the organ of the responsible party of the act or ruling contested will have to send to the competent organ of the Institute or to the Electoral Court, Room the following: a) The original writing by means of which the impugnment mean is presented, evidences and other documentation enclosed; b) The copy of the document in where the act or contested ruling consists and other related and pertinent documentation that acts in its power; c) In its case, the writings of the interested third parties and helping ones, the evidences and other documentation enclosed; d) In the dissent, the complete process with all the minutes and incidents sheets raised by the electoral authority, as well as the incidents and protest writings that would have been presented, in the terms of the Federal Code of Electoral Institutions and Procedures and this law; e) The circumstantial report, and f) Any other document that it considers necessary for the resolution of the matter. 2. The circumstantial report that the authority or responsible partisan organ must produce, will have to contain at least:

26 a) In its case, the mention of if the promoter or the appearer, has his legal status recognized; b) The motives and juridical foundations that are considered to be pertinent to keep the constitutionality or legality of the contested act or ruling, and c) The signature of the civil servant who produces it. CHAPTER IX Sustantiation Article Once the documentation referred in the previous article is received, the competent Room of the Electoral Court will carry out the acts and will ordain the necessary formalities for sustantiation, according to the following: a) The president of the Room will take turn at once the process received to an electoral magistrate, who will have the obligation to check the impugnment mean writing assembles all the requirements indicated in the paragraph 1 of the article 9 of this law; b) The electoral magistrate will propose to the Room the sentence project by which the impugnment mean is fully rejected, when any of the suppositions foreseen in the paragraph 3 of the article 9 appears or any of the well-known inadmissibility causals indicated in paragraph 1 article 10 of this law. Likewise, when the promoter breaks the requirements indicated in clauses c) and d) paragraph 1 of the article 9, and these could not be deduced of the elements that act in the process, it will be possible formulate requirement with the warning of having the impugnment mean 28

27 LAW OF THE MEANS OF IMPUGNMENT for not presented if this is not fulfilled, within the twenty-four hours term counted from the moment in which the corresponding sentence is notified; c) As for the circumstantial report, if the authority or partisan organ do not send it in the term indicated in the paragraph 1 article 18 of this law, the impugnment mean will be solved with the elements that act in sentences and the constitutive facts of the claimed violation will be presumably certain, except for opposite evidence; the previous one, without prejudice of the sanction that should be imposed in conformity to this law and the applicable laws; d) The electoral magistrate, in the project of sentence of the impugnment mean that corresponds, will propose to the Room to have the writing of the interested third party for not presented, when it is presented in ill-timed form or the suppositions foreseen in the paragraph 5 of the article 17 of this law appears. Likewise, when the appearer breaks the requirement indicated in the clause d) paragraph 4 of the mentioned article, and this one could not be deduced from the elements that act in the process, it could be formulate requirement with the warning that the writing will not be taking into account at the moment to resolve if it is not fulfilled in a term of twenty-four hours counted from the moment in which the corresponding sentence is notified; e) If the impugnment mean assembles all the requirements established by this law, the electoral magistrate, in a term not bigger than six days, will pronounce the admission sentence that corresponds; once the process is substantiated and posed in condition of resolution, the instruction will be declared closed, passing the matter to sentence. In these cases, it will be ordained to fix copy of the respective sentences in the courtrooms, and

28 f) Closed the instruction, the electoral magistrate will proceed to formulate the project of discontinuation or judgment of merit, as it is the case, and will submit it to the Room consideration. 2. The not contribution of the offered evidences, for any supposition will be a motive to reject the impugnment mean or to have the interested third party writing for not presented. In any case, the Room will resolve with the elements that act in sentences. 3. For the sustantiation of the review resources there will be applied the rules contained in the Chapter III of the Second Title of the Second Book of this law. Article If the authority or responsible partisan organ breaks the obligation foreseen in the clause b) paragraph 1 of the article 17, or omits to send any of the documents referred in the paragraph 1 of the article 18, both of this law, it will be required at once its fulfilment or remission fixing a term of twenty-four hours for such effect, under warning of the respective documents are not sending opportunely, it will be the following: a) The president of the competent Room of the Electoral Court will take the necessary measurements for his fulfillment, applying, in its case, the way of writ that judges pertinent, and b) In the case of the review resource, the competent organ of the Institute will have to apply the corresponding sanction in the terms of the Federal Code of Electoral Institutions and Procedures. Article 21 30

29 LAW OF THE MEANS OF IMPUGNMENT 1. The Secretary of the organ of the Institute or the President of the Court Room, in the matters of their competence, could require to the federal, state and municipal authorities, as well as the political parties, candidates, groups, political and particular organizations, any element or documentation that working in their power, can serve for the sustantiation and resolution of the means of impugnment. Likewise, in extraordinary cases, they will be able to order that some diligence is carried out or an evidence is perfected or alleviated, provided that it does not mean a delay that makes the claimed violation juridical or materially irreparable, or an obstacle to resolve within the established period, in conformity with that indicated in the applicable laws. Article 21 Bis 1. The incident on the pretension of new scrutiny and calculation in the federal or local elections that the Electoral Court Rooms may know just will proceed when: a) The new scrutiny and requested calculation has not been vented, without a justified reason, on the corresponding calculation sessions on the terms of disposed by the article 295, paragraph 2 and correlative others of the Third Chapter Fourth Title Fifth Book of the Federal Code of Electoral Institutions and Procedures. b) The electoral local laws do not foresee hypothesis for the new scrutiny and calculation for the competent organs or foreseeing that the recount has been denied without a justified reason. 2. The Rooms will have to establish if the inconsistencies can be corrected or repaired with some other information or elements that act in the process or could be needed by the own Rooms without need to recount the votes.

30 3. The incident will not proceed in case of voting booths in which new scrutiny and calculation will have been carried out in the respective session of calculation. CHAPTER X Rulings and sentences Article The rulings or sentences pronounced, respectively, the Federal Electoral Institute or the Electoral Court of the Judicial Power of the Federation, will have to be certified in writing and will contain: a) The date, place and organ or Room that pronounces it; b) The summary of the facts or controversial points of right; c) In their case, the damages analysis as well as the examination and valuation of the evidences that turn out to be pertinent; d) The juridical foundations; e) The decisive points, and f) In their case, the term for their fulfillment. Article On resolving the means of impugnment established in this law, the competent Room of the Electoral Court will have to replace the deficiencies or omissions in the damages when these ones can be deduced clearly from exposed facts. 32

31 LAW OF THE MEANS OF IMPUGNMENT 2. For the resolution of the means of impugnment foreseen in the Fifth Title Second Book and Fourth Book of this law, the rule indicated in the previous paragraph will not be applied. 3. In any case, if the juridical allegedly violated rules are omitted or they are indicated in a wrong way, the competent organ of the Institute or the Electoral Court Room will resolve taking in consideration those that should be wrong or those that are applicable to the concrete case. Article The President of the competent Room will order the matters list that will be ventilated in every session is published in the respective court rooms, at least with twenty-four hours of anticipation, or in a minor term when they are urgent resolution matters. 2. The Electoral Court Rooms will pronounce their sentences in public session, in conformity with the established in the Organic Law of the Judicial Power of the Federation and the Internal Regulation of their own Court, as well as the following rules and procedure: a) Session opened by the president of the Room and legal quorum verified, it will proceed to exhibit each of the matters listed with the considerations and juridical rules on which they are founded, as well as the sense of the decisive points that are proposed; b) It will proceed to discuss the matters and when the president of the Room considers them to be sufficiently controversial, will submit them to voting. The sentences will be approved unanimously or majority vote;

32 c) If the project that is presented is voted against by the majority of the Room, by President suggestion, it will be designated another electoral magistrate in order to, in a term of twenty-four hours counted from the respective session concludes, increase the failure with the considerations and corresponding juridical reasonings, and d) In the public meetings only the electoral magistrates, could participate and have the word, directly or through one of their secretaries, and the respective general secretary, who will take the corresponding circumstantial minutes. 3. In extraordinary cases the competent Room will be able to defer the resolution of a listed matter. Article The sentences that the Electoral Court Rooms pronounce will be definitive and unassailable, with exception of those that are susceptible of being contested through the appeal for reconsideration, in conformity with the disposed in the Fifth Title of Second Book of this law. CHAPTER XI Notifications Article The notifications to which this law refers will supply his effects the same day in which they are practised. 2. During the electoral processes, the Institute and the Electoral Court could be able to notify its acts, rulings or sentences in any day and hour. 34

33 LAW OF THE MEANS OF IMPUGNMENT 3. The notifications will be able to be done personally, for drawingrooms, for official note, by post certified or for telegram, as be needed for the efficiency of the act, ruling or sentence to notifying, except express disposition of this law; also they will be able to be done by electronic way, in conformity with the established in the paragraph 4 of the article 9 of this law. Article The personal notifications will be done to the interested party at the latest the following day to in that the act was issued or the ruling or sentence was pronounced. Personnel will be understood, only those notifications that with this character established this law, the Federal Code of Electoral Institutions and Procedures and the Internal Regulation of the Court. 2. The bonds of personal notification will have to contain: a) The description of the act, ruling or sentence that is notified; b) Place, hour and date in which it is done; c) Name of the person with whom the diligence is understood, and d) Signature of the actuary or person who notifies 3. If the interested party is not present, the notification will be understood by the person who is in the domicile. 4. If the domicile is closed or the person with whom the diligence is understood refuses to receive the bond, the civil servant responsible for the notification will fix it together with the copy of the judicial decree, ruling

34 or sentence to notifying, in a visible place of the place, will seat the corresponding reason in sentences and will proceed to fix the notification in the drawing-rooms. 5. In all the cases, on having carried out a personal notification, there will be left in the process the respective bond and copy of the judicial decree, ruling or sentence, seating the reason of the diligence. 6. When the promoters or appearers omit the domicile, this one does not turn out to be certain or is located out of the city in which their authority headquarters that makes the notification of the rulings to which this article refers is, this one will be practised by court rooms. Article The court rooms are the public places assigned in the offices of the Federal Electoral Institute organs and in the the Electoral Court Rooms, in order to the writings of the means of impugnment, the interested third parties and the helping ones copies are placed, as well as of the judicial decrees, agreements, rulings and sentences on them, for their notification and advertising. Article Notifications that are ordered to the organs and responsible authorities will be made by means of official note. 2. Notification by post will be done in certified piece enclosing to the process a copy of the corresponding official note and postal acknowledgment receipt. 3. In the case of the ordered notifications to the organs or indicated authorities as responsible, the following procedure will follow: 36

35 LAW OF THE MEANS OF IMPUGNMENT a) When such responsible entity possesses a domicile in the city where the headquarters of the Electoral Court Room or the administrative electoral organ in charge of solving the impugnment mean is set, the diligence will be practised of immediate form and without any intermediation, obtained the respective acknowledgement receipt, which will have to be added to the corresponding sentences; b) In the case of the domicile is in any of the cities the headquarters of the Electoral Court Rooms are set, it will be made by means of the corresponding Office; c) If the domicile is in a different place from the foreseen ones in the previous clauses, the diligence will be practised, by means of the use of specialized messenger service, requesting the corresponding acknowledgement receipt which will have to add to the sentences of the process. For the case of the acknowledgement receipt does not exist, there will have to be fixed in addition a copy of the corresponding judicial determination in the court Rooms. 4. The notification by telegram will be done sending it for duplicate in order that the office that transmits returns a sealed copy that will be added to the process. Exclusively in urgent or extraordinary cases and in the opinion of whom preside at the competent organs, the notifications that are ordained could be done through fax way and will take effect from there is proof or acknowledgement receipt. 5. The notification by will take effect from there is proof of its receipt or, in its case, the corresponding acknowledgement receipt.

36 Article The political party which representative has been present in the electoral organ session that acted or resolved, will be automatically understood as notified of the corresponding act or ruling for all the legal effects. 2. Personal notification will not be needed and will take effect the following day of his publication or fixing, acts or rulings that, in the terms of the applicable laws or in agreement with the competent organ, should be published through the Official Gazette of the Federation or national or local diaries or newspapers, or in public places or by means of fixing of documents in the Institute organs court rooms and Electoral Court Rooms. CHAPTER XII Accumulation Article The competent organs of the Institute or the Electoral Court Rooms will be able to determine his accumulation for the prompt resolution of the means of impugnment foreseen in this law. 2. The accumulation could be decreed in the principle or during the sustantiation, or for the means of impugnment resolution. CHAPTER XIII Fulfillment and execution of the courtrooms rulings, urgent measures and 38

37 LAW OF THE MEANS OF IMPUGNMENT disciplinary corrections Article In order to fulfill with the provisions of this law and the sentences that it pronounces, as well as to keep the proper order, respect and consideration, the Electoral Court will could apply in a discreet way the writ means and the disciplinary following corrections: a) Warning; b) Admonition; c) Fine about up to five thousand times the minimum daily wage in the Federal District. In case of repetition it will apply the double of the indicated quantity; d) Aid of the public force, and e) Arrest even for thirty six hours. Article The President of the respective Room, will apply the writ means and the disciplinary corrections referred in the article 32, by himself or with the competent authority support, in conformity with the rules that the Internal Regulation of the Electoral Court establishes for such effect.

38 SECOND BOOK Means of impugnment and nullities in federal electoral matter FIRST TITLE General provisions Article The following means of impugnment could be interposed during the time between two federal electoral processes passes, to guarantee the constitutionality and legality of the electoral acts and rulings, in the terms indicated in this Book: a) The review resource, and b) The appeal resource. 2. The following could be interposed, during the electoral process, to guarantee the constitutionality and legality of the electoral acts, resolutions and results, besides the means of impugnment indicated in the previous paragraph, in the terms foreseen in this Book: a) The dissent, and b) The appeal for reconsideration. 3. The means of impugnment referred in the previous paragraph will be proceeding during the extraordinary federal electoral processes, applying in the conducive the rules indicated in this law and in the Organic Law of the Judicial Power of the Federation. 40

39 LAW OF THE MEANS OF IMPUGNMENT SECOND TITLE Review resource CHAPTER I Origin Article During the period between two electoral federal processes passes and within the electoral process exclusively in the stage of election preparation, the review resource will proceed to contest the acts or rulings that cause a prejudice to whom having juridical interest promote it, and that come from the Executive Secretary and from the collegiate organs of the Electoral Federal Institute to District and locally level, when they are not of vigilance. 2. During the electoral process, in the stage of results and validity declarations of the elections, the acts or rulings of the Institute organs that cause a real prejudice to the juridical interest of the appellant political party, whose nature is diverse to those that could be appealed by the dissent and reconsideration routes, and do not have relation with the electoral process and results, will be solved by the Executive Meeting or the Institute Council superior to the organ that has pronounced the contested act or ruling. 3. The review resource just will proceed, when assembling requirements that this law indicates, a political party interposes it through its legitimate representatives.

40 CHAPTER II Responsibilities Article The Executive Meeting superior to the organ that has pronounced the act or ruling contested is competent to resolve the review resource during the period between two federal electoral processes. 2. During the electoral process, the Executive Meeting or the Institute Council superior to the organ that has pronounced the act or ruling contested are competent to solve the review resource. 3. The review resources interposed in opposition to acts or rulings of the Executive Secretary will be solved by the General Executive Meeting. In these cases, the President will designate the civil servant who should replace the Secretary for substantiate the process and present the resolution project to the collegiate organ. CHAPTER III Sustantiation and ruling Article Once the formalities referred in the Chapter VIII Title Second of First Book of this law are fulfilled, a review resource received for the Institute organ competent to resolve, the following rules will be applied: a) The President will take turns to the Secretary in order to certify that the established in the articles 8 and 9 of this law was fulfilled; 42

41 LAW OF THE MEANS OF IMPUGNMENT b) The Secretary of the organ will fully reject the impugnment mean, when any of the suppositions foreseen in the paragraph 3 article 9 appears or some of the notorious inadmissibility causals indicated in the paragraph 1 article 10, both of this law. When the promoter breaks the requirements indicated in the clauses c) and d) paragraph 1 article 9, and it is not possible to deduce the elements that act in the process, requirement could be formulated by the warning of having the impugnment mean for not presented, if it is not fulfilled in term of twenty-four hours counted from the moment in which the corresponding sentence is notified to him; c) In the resolution project, the Secretary of the organ, the writing of the interested third party will have for not presented when it is presented in untimely form or the suppositions foreseen in the paragraph 5 article 17 of this law appears. When the appearer breaks the requirement indicated in the clause d) paragraph 4 of the mentioned article, and it is not possible to deduce it of the elements in sentences, it will be possible formulate requirement with warning that the writing will not be taken account at the moment to resolve, if it is not fulfilled in a term of twenty-four hours counted from the moment in which the corresponding sentence is notified to him; d) As for the circumstantial report, if the responsible authority does not send it in the terms indicated in the paragraph 1 article 18 of this law, it will be solved with the elements that act in sentences, without prejudice of the sanction that it should be imposed in conformity with the applicable laws; e) If all requirements have been fulfilled, the Secretary will proceed to formulate the resolution project, which will be submitted to the local organ that corresponds in a term not major of eight days counted from the respective documentation receipt. The review resources that are of the

42 General Executive Meeting or the General Council competence, as correspond, should be solved in the following ordinary session that it celebrates later to his receipt, provided that they had been received by the sufficient anticipation for their sustantiation. The review resource resolution will have to be pronounced in the session where the present project is presented. The review resources resolution will be approved by the present member majority vote; the Secretary will increase the resolution in the terms that the own organ determines, if it is necessary; f) If the Institute organ who sends omitted some requirement, the Secretary of the competent organ to resolve will require the complement for the omitted requirements, trying it is resolve in the term of the previous clause. In any case, it will be solved, with the existing elements, in a term not bigger than twelve days counted from the resource receipt; g) In extraordinary cases, the resolution project of a review resource that is presented in a session could be removed for its analysis. In this supposition, it will be solved in a term no bigger of four days counted from that of its reserving, and h) All the review resources interposed within five days previous to the election, will be sent to the Electoral Court competent Room, in order to be solved along with the dissent which are related with. The promoter will have to indicate the cause connection. When the resources referred in this clause are not related with any dissent will be filed as definitively concluded matters. 2. The no contribution of the offered evidences will not be a rejecting reason of the review resource or the interested third party writing. In this case, it will be solved with the elements that act in sentences. 44