## Facts

- Mexico’s Federal Code of Electoral Institutions and Procedures (COFIPE) allowed citizens to seek registration of a national political party before the General Council of the Federal Electoral Institute (IFE) under Article 27.
- In January 2001, a group of Mexican citizens requested registration of a national political party under the name *Partido Popular Socialista* (Socialist People’s Party) and submitted materials to the IFE.
- After the IFE’s review, the General Council denied registration in July 2002.
- The IFE concluded that the party’s bylaws did not satisfy statutory minimum content because they failed to: (1) specify the minimum number of district assemblies and national assemblies, (2) establish a legal quorum for national assemblies, and (3) set membership requirements.
- The IFE also found the applicants did not demonstrate that the organization had the minimum number of affiliates required by COFIPE for registration as a national political party.
- The applicants filed a *juicio para la protección de los derechos político-electorales del ciudadano* (JDC), arguing that the denial of registration restricted their constitutional right to free political association to take part in the country’s political affairs under Article 35, Clause III of the Mexican Constitution.
- The Superior Chamber of the Electoral Tribunal of the Federal Judiciary (TEPJF) reviewed the challenge as Case No. SUP-JDC-781/2002 and decided it on August 23, 2002.

## Issues

1. Did the IFE violate the applicants’ constitutional political rights by denying national party registration based on defects in the proposed bylaws and failure to prove the minimum number of affiliates under Article 27 COFIPE?
2. Was the IFE permitted to require that party bylaws include specified “democratic” organizational elements (such as assemblies, quorum rules, and membership requirements) as a condition for registration?

## Decision

- The TEPJF held that the IFE’s denial of registration did not violate the applicants’ constitutional political and voting rights.
- The TEPJF agreed that Article 27 COFIPE lawfully conditioned party registration on meeting both (1) minimum bylaw requirements for internal organization and (2) minimum affiliation thresholds.
- The TEPJF found the IFE acted within its authority in concluding that the applicants’ bylaws omitted required elements, including the minimum number of assemblies, quorum rules for national assemblies, and membership requirements.
- The TEPJF also upheld the IFE’s determination that the applicants failed to demonstrate the minimum number of affiliates required for national party registration.
- The JDC was denied, and the IFE’s resolution refusing registration was left in effect.

## Legal Principles

- Citizens may seek judicial review through a JDC when an electoral authority’s final decision is claimed to affect political-electoral rights.
- The constitutional right to associate for political purposes does not guarantee official party registration without meeting statutory conditions established by electoral law.
- Under Article 27 COFIPE, the electoral authority may require that a party seeking registration submit bylaws containing specified organizational rules, including rules on assemblies, quorums, and membership.
- The electoral authority may deny registration when an applicant fails to prove compliance with statutory membership thresholds for recognition as a national political party.

## Conclusion

In SUP-JDC-781/2002, the TEPJF upheld the IFE’s refusal to register the Socialist People’s Party, ruling that conditioning registration on compliance with Article 27 COFIPE—both minimum bylaw requirements and proof of minimum affiliates—was lawful and that the denial did not violate the applicants’ constitutional right of political association.


Protection of the Political and Voting Rights of the Citizens, Case No. SUP-JDC-781/2002 (2002)