As occurred in the states of Durango and Veracruz in 2025, this forces the establishment of two networks of polling stations, obliging the voter to cast their vote at two different tables under different mechanisms. The only solution to this serious problem, which must be enshrined in the Constitution, is to postpone the judicial election and hold it several months after the corresponding legislative elections. Regarding the method of voting, the legislative design creates unsolvable democratic problems. Without touching upon the premises of the judicial reform that led to the election of judges by popular vote, the particular characteristics of these elections could be very usefully modified, making the process much more comprehensible and practicable for the vast majority of voters. The first great problem of the legislative design of judicial elections is that they are held on the same date as the federal elections. Each voter could thus select from a limited number of large slates of judges, identified by the general characteristics of their judicial proposal, casting a single vote for each group of positions to be elected. Clearer and more comprehensible elections for the voter invariably generate more authentic processes. As the courts and tribunals are not distributed homogeneously throughout the country, but are concentrated in the most accessible and central states and cities, those who vote in states with a higher density of these institutions decide, with their vote, a greater number of magistrates and judges with jurisdiction throughout the country than those who vote in other states. This causes two types of electoral campaigns to coincide, in which one will have a great and undue capacity of influence over the other. In 2027, those competing for judicial positions will have very limited possibilities for spending on campaigns, making widespread diffusion on social networks, massive distribution of printed propaganda, the conduct of serious polls, or the financing of promotional teams, among other things, beyond their reach. In parallel, given the maximum of 10 votes a citizen can cast on a single ballot, each person votes for only a fraction of the areas of judicial specialization submitted to election. Regarding the operational side and the voter's connection with what they are choosing, the system of casting up to 10 votes, five for women and five for men, distinguishing the specializations of magistrates and judges, demands of the voter a perfunctory knowledge of the function of each body in each specialization and the evaluation of each candidate for the office, which in practice is not only unrealizable, but imposes on the voter a burden of knowledge and skills impossible to assume except in exceptional cases among voters. The voting system could be replaced, to mention just one option, with one of grouped candidacies in slates by the candidates themselves, which include the different specializations to be voted on and are identified by the general characteristics of their perspective on the law and the judicial function. The necessarily individual competition will be hidden by the absolute dominance of party propaganda, with the corresponding logos and the visibility of female and male candidates for judges reduced practically to zero. Likewise, in the election of judges, the counting at the polling stations is impracticable due to the number of hours it would require, whereas in the other election it is a routine critical task. Additionally, a nascent process of understanding the functions of the Judicial Power and its depositaries would be confused with disputes over actions by the Executive Powers or over legislative projects. Operationally, in addition, it would lead to the simultaneous but parallel raising of two different electoral structures, since in the judicial election political parties cannot participate at any time, whereas in the elections for the Executive Power and legislators, they play a central role in the competition and participate crucially in the monitoring of the process in all its aspects. Their dissemination efforts will be genuinely drowned out in the propaganda of candidates for governors, mayors, and deputies.
Problems with Judicial Elections in Mexico
An analysis of the problems of the Mexican judicial system, including the complexity of voting, the influence of federal elections on judicial ones, and the need for reform to increase transparency and efficiency.