## SCJN Takes Up PAN’s Complaint on Overrepresentation; “Pink Wave” Submits 150,000 Signatures to TEPJF
On August 26, 2024, Norma Lucía Piña Hernández, the Chief Justice of Mexico’s Supreme Court, admitted a complaint filed by Marko Antonio Cortés Mendoza, the president of the National Action Party (PAN). This complaint requests the court review the allocation of proportional representation seats in the Mexican Congress. The complaint was submitted in anticipation of the installation of a new legislative term on September 1, 2024, wherein the coalition consisting of the Morena party, the Green Party (PVEM), and the Labor Party (PT) is expected to hold a qualified majority in the House of Representatives.
Cortés Mendoza’s complaint, submitted on August 22, 2024, emphasized the urgency of the matter, stating that it could significantly impact the composition of the House of Representatives based on votes cast in the recent June 2 elections. Chief Justice Piña Hernández assigned the case to Justice Juan Luis González Alcántara Carrancá, who will draft a proposal for the court’s full bench to review.
The Supreme Court will soon deliberate on conflicting rulings regarding the distribution of proportional representation seats, with references to prior cases dating back to 1998 and as recently as 2018 and 2023. This admission signifies the court’s competence to hear the case and decide on whether current criteria align with constitutional mandates.
In an extraordinary session on August 23, 2024, the National Electoral Institute (INE) approved a proposal that Morena and its allies would hold 72.8 percent of the seats in the House of Representatives, correlating to 364 legislators. This calculation was based on constitutional provisions regarding overrepresentation by coalition rather than individual party metrics.
This majority could enable Morena and its allies, proponents of the “fourth transformation,” to pass significant constitutional reforms, including potential changes to the Federal Judicial Power.
Meanwhile, the INE confirmed the new Senate composition, granting the Morena coalition 83 of 128 seats, narrowly missing the qualified majority with just three seats short. Morena itself will hold 60 senate seats, PVEM 14, and PT nine, leaving the opposition with 45 seats distributed among PAN, PRI, Movimiento Ciudadano, and PRD.
On August 26, 2024, representatives from over 200 NGOs, under the banner of the “Pink Wave,” submitted 152,483 signatures to the Electoral Tribunal of the Federal Judiciary (TEPJF) opposing overrepresentation in the House of Representatives. This submission included an ‘Amicus Curiae,’ urging the tribunal’s five judges to address the issue, framing it as a critical threat if left unchallenged.
### Additional News on the Topic
**INE’s Decision on Overrepresentation: Future Implications**
In another related development, analysts are evaluating the potential long-term impacts of the INE’s approval regarding overrepresentation in the House of Representatives. Critics argue that allowing a coalition to hold such a significant majority could undermine the principle of representational fairness. Proponents argue that it aligns with electoral results and is constitutionally sound.
The decision has sparked debates on electoral reform and the need for clearer guidelines to balance proportional representation with voter intentions. The Court’s upcoming decision will be closely monitored by political observers and could set a precedent for future electoral cycles.
**Public Response and Political Tensions**
The submission of signatures by the “Pink Wave” has intensified public discourse on electoral fairness. Organizers and citizens emphasize that maintaining fair representation is crucial for democratic legitimacy. Conversely, Morena supporters argue that their coalition’s majority is a reflection of democratic votes.
This ongoing tension highlights the broader political divides in Mexico, as parties prepare for potential legal battles and legislative negotiations in the coming months.
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