The criminal complaint filed by local Morena deputies against Governor Mauricio Vila Dosal was for “facts potentially constituting the electoral crime of illicit use of public resources to position himself in front of the electorate”, for which Rafael Echazarreta Torres, Morena legislator, considers that he should be punished with jail time.
He added that in this complaint filed last Monday it is stated that the complaint was for tweets with government actions uploaded by the governor during the campaigns in the last local elections.
The complaint was filed at the delegation of the Attorney General’s Office of the Republic, to be turned to José Agustín Ortiz Pinchetti, head of the Specialized Prosecutor’s Office for Electoral Crimes (Fepade).
This is a complaint of facts potentially constituting an electoral crime for unlawful use of public resources to position a candidate before the electorate, as provided in Article 11 BIS of the General Law on Electoral Crimes, against the Governor.
What is Morena accusing the Governor of Yucatán of?
They point out that the head of the State Executive on various dates, within the campaign period of the 2020-2021 electoral process, both federal and state, made a series of publications on his personal social network called @mauvila on Twitter, and presented images of the various publications, with diverse topics, ranging from the generation of jobs, health, the new bike path, inauguration of offices and trips of the governor.
They add that in the tweets an undue positioning is observed, the image of the public servant inaugurating or presenting the works in the company of other people is shown, and although there is no positioning or exaltation of his person for electoral purposes, or to position any political force, he does appropriate the achievements or it is understood that thanks to him (governor) these works, job creation, capital investment, etc. were achieved.
The governor, they say, should have complied with the limits of article 41, base III, section C of the CPEUM1 (to avoid the diffusion of government works or actions), since as a public servant he is obliged to watch over and obey the norms that regulate the principles of public service, and even more so when during the period in which the publications were made, the country and the state were in electoral campaigns.
They warn in the complaint that, since these publications were made during the campaign period, as demonstrated by the temporality of the publications, it is considered that they are capable of inducing the citizens in their capacity as governor of the state to vote for the political force from which they originate.
Undue use of public resources
It is stated in the file that the governor, being a public official, paid with public resources, has the obligation to abstain from pronouncing expressions that violate the neutrality of the application of public resources, and in case of not adhering to this constitutional principle, there is an evident misuse of public resources.
Therefore, they consider that, if the use of public resources or the presence, image, or position in the structure of the public administration is used to unbalance the equality of conditions in the elections, this constitutes a violation of the seventh paragraph of article 134 of the CPEUM and article 11 bis of the General Law of Electoral Crimes.
The deputy states in the complaint that all these violations were confirmed by the Electoral Tribunal of the State of Yucatán (TEEY), as was also confirmed by the Electoral Tribunal of the Judiciary of the Federation on December 14, when it dismissed the appeals with which the governor intended to annul the sentence against him.
As reported yesterday, this complaint was filed by Echazarreta Torres and Alejandra Novelo Segura, deputy and coordinator of the Morena bench in the State Congress.
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