Mexico is scheduled to hold its first-ever judicial elections on Sunday, with hundreds of judges, magistrates, and justices on the ballot across the country. The unprecedented contest has sparked debate, with supporters arguing that it will democratize the courts, while critics fear it could make them more susceptible to the influence of politicians or criminal groups.
The elections will determine the occupants of almost 900 federal positions, including all nine seats of the Supreme Court, as well as some 1,800 local positions in 19 states. The vote is the result of a constitutional reform approved last year during the final weeks of Andrés Manuel López Obrador’s presidency. López Obrador argued that the change was necessary to stem impunity in the courts and give voters a greater say in the judicial process.
However, opponents saw the move as an attempt by López Obrador to strengthen the power of his ruling Morena party by overhauling the judiciary that often blocked some of his policy proposals. Critics worry that having judges elected through popular vote could compromise the independent authority of the courts and their ability to uphold the law and keep other powers in check.
“The law is very clear about who cannot intervene in this – neither governments of any level nor political parties,” said INE adviser Claudia Zavala. However, concerns remain that political parties could still influence the race by encouraging voters to elect people aligned with their interests. Local media have reported that some politicians and their supporters have been accused of distributing pamphlets suggesting who to vote for.
Stephanie Brewer, director for Mexico at the Washington Office on Latin America, expressed concerns about the potential for political capture. “Right now, numerically, who holds the most influence over these branches of government – executive and legislative, specifically – would be the Morena party,” she said.
There are also concerns about the influence of criminal groups. Mexican cartels have used violence to impact the outcome of votes in the past, and human rights groups warn that this could happen again. “Cartels (could) identify possible winners and offer them support in exchange for loyalty,” said Miguel Meza of the rights group Defensorxs.
Some judicial candidates have raised eyebrows, with Defensorxs determining that some are “linked to organized crime, sexual offenses, political-religious sects, and other irregularities.” One candidate served nearly six years in a US prison on drug offenses, while another was a defense attorney who represented drug lord Joaquin “El Chapo” Guzman.
Despite these concerns, a poll by Pew Research Center found that most Mexicans approve of the judicial reform, with 66% of people surveyed saying they backed it. However, opposition groups have called for a boycott of the vote, with former President Vicente Fox urging people not to participate. “The judicial election is not democratic. It’s a farce, it’s a hoax … Don’t go. Don’t waste your time,” he said.
Mexican President Claudia Sheinbaum has pushed back against these calls, urging Mexicans to participate in the electoral process and decide who will make up the judiciary. “It’s better for millions of people to vote than for the president and the Senate of the Republic to decide,” she said.