The judicial reform published in the Official Gazette of the Federation on September 15, 2024, establishes that none of the three branches can nominate substitute candidates if another branch does not submit a list to nominate its own candidates, regardless of the reason. The Judicial Power Reform Decree states that if one of the branches fails to fulfill its obligation within the stipulated deadlines, it will not be able to submit nominations.
According to Article 96, third section, second paragraph, if the branches do not submit their nominations within the deadline set in the call, they will not be able to do so later. The Senate of the Republic receives the nominations and must forward the lists to the National Electoral Institute no later than February 12 of the corresponding election year. It is possible to nominate candidates aspiring to the same position by one or several Powers of the Union at the same time.
Judge María Emilia Molina de la Puente, a member of the Judicial Evaluation Committee, has warned that it is unconstitutional for one branch to nominate candidates from another, meaning that the nominations from the PJF should remain vacant. This warning comes amid statements from the president of the Senate's Board of Directors and President Claudia Sheinbaum advocating for the Senate to nominate candidates for the Judicial Power.
Sheinbaum argues that the rights of all registered candidates in the PJF Evaluation Committee must be protected to compete in the judicial elections in June. Molina de la Puente has reiterated that if the PJF does not nominate its candidates, no other branch should replace those nominations, emphasizing the importance of respecting the Constitution and the Rule of Law above political considerations.
