Federal Electoral Appeals: Challenging Administrative Acts

Posted on Sep 19, 2025 in Law & Jurisprudence

Electoral Review Appeal: Administrative Remedy

The Electoral Review Appeal is an administrative remedy designed to ensure the legality of acts issued by federal authorities in electoral matters. It is characterized as:

  • An ordinary remedy: It confirms, amends, or revokes the contested decision.
  • A vertical remedy: The reviewing body is different from the judge who issued the resolution, and is also the immediate superior of that judge.
  • An interim action: It arises during the administrative stage, between two bodies within that specific area.

When to File an Electoral Review Appeal?

This appeal is filed when a violation or grievance is alleged by either party.

Scope of the Review Appeal

This remedy is used to challenge acts originating from the Executive Secretary and collegiate bodies of the IFE (now INE), whether at the local or district level. It may be raised in three scenarios:

  1. Between two federal elections, in which case the Executive Board is considered hierarchically superior.
  2. Within an electoral process during the preparation stage of the election.
  3. During the electoral process, which includes two stages:
    • The results.
    • The declaration of validity of the election.

In all these cases, the appeal is admissible only when it affects the legal interest of a political party.

The appeal is resolved by the Executive Board or Council of the institute, which is hierarchically superior to the body that issued the contested act or resolution (e.g., the Executive Secretary).

Substantiation Process of the Appeal

  1. Upon receiving the appeal, the President directs the Secretary to certify that it complies with all requirements.
  2. An appeal will be dismissed if it lacks the name and signature, is frivolous, inappropriate, or fails to clearly state grievances or provide corresponding documentation. However, if the appellant is prevented from submitting personality or identification documents for the challenged act or decision within 24 hours, the appeal should not be dismissed.
  3. An appeal will also be dismissed if it is submitted after 72 hours, or if it is filed with the responsible authority but is not written in the appellant’s name, fails to prove legal interest, or lacks strong advocacy.
  4. Once the requirements are fulfilled, the Secretary will prepare the project. Within eight days of receiving the documentation, it will be submitted to local bodies. Appeals falling within the competence of the General Meeting or General Council will be resolved in the same session where the project is presented. The deadline for resolution will not exceed twelve days.
  5. If the draft resolution is withdrawn for judicial review and analysis, it will be resolved within a period not exceeding 4 days from the date of deferral.
  6. Appeals filed five days before an election will be sent to the competent chamber of the Electoral Tribunal to be resolved concurrently with relevant disagreement trials. In such cases, the petitioner must indicate the connection between them; otherwise, the appeal will be declared inadmissible.
  7. If no evidence is provided by the third party, their submission will be discarded.

In all cases, the resolution may confirm, modify, or revoke the challenged act or resolution.

Notification in the Review Appeal Process

  1. To a party: at their home or in the courtroom.
  2. To the institute’s body whose act was challenged: by certified mail or official communication, attaching a copy of the resolution.
  3. To the third party concerned: by registered mail.