The president of the INE, Guadalupe Taddei, confirmed that the Constitution is clear, and the person who will assume the presidency of the Supreme Court will be the candidate with the most votes, regardless of gender and without having to apply another parity rule to preside.
Since Monday, when the district count began, rumors have surfaced on social media that, despite the fact that indigenous candidate Hugo Aguilar received the most votes, the presidency of the Supreme Court of Justice of the Nation could go to Lenia Batres because she is the woman with the most votes.
A version that President Claudia Sheinbaum herself reiterated in her morning press conference, which is why she considered that the INE should define it.
However, the judicial reform imposed the distribution of positions, starting with women, to achieve the first gender-balanced judiciary. This is achieved in the SCJN by allocating five buildings to women and four to men, and the presidency is an additional function to a position, but not a position in itself.
"Indeed, Article 94 is very clear: the allocation of positions begins with women, to allow for the possibility of five women serving on the Supreme Court of Justice of the Nation. This doesn't mean that the reform or the Constitution establishes that the presidency will also begin with a woman. No, the reform itself made it very clear that the candidate with the most votes will preside for the first two years, and subsequently for those who remain in the following positions."
INE reports on the progress of the calculations
"There's no doubt that when the count is complete, when the counts are done by state, by constituency, and here at the national level, I'm absolutely certain that we will award the majority certificate to whoever received the most votes at the polls."
And although the Constitution stipulates a contradiction as to whether the presidency of the Court is determined by the members of the plenary, the chief counselor made it clear that the INE will validate the most recent reform.
"They talk about the contradiction that exists between the previous law and this one, but no, this is the one we are going to validate because it is the last one. I know there is a contradiction and there is an effort to correct it, but I don't know if they will give them some time. I think they already put forward the initiative, but it hasn't passed, and in any case, the correct thing is that gender is already guaranteed with the five women, and the one with the most votes will have to preside."
Taddei explained that on June 15, the date on which the INE's General Council will issue the national counts and deliver the majority certificates, to provide greater certainty, the certificate will be delivered to the person who will assume the first presidency of the SCJN in this new formation.
"All majority certificates are submitted, including that of the Supreme Court presidency, because that is how it is established: whoever has the most votes is also the Supreme Court presidency, not only a minister."
With the confirmation of the INE's president, the door is closed to speculation once the district counts are concluded and the 12 days that will elapse before the General Council declares validity.