Baja California, Mexico Election Results Disputed
Baja California, Mexico Election Results Disputed
Monday, August 27, 2007
By Barnard R. Thompson
“We have many possibilities to annul the process, insofar as we will show that the governor meddled, and intimidation and persecution by state police
caused voters to stay away; [we will demonstrate] that many public schools, equipped as polling places, were padlocked shut, which discouraged people
from voting. We believe that we can show that it was a state [manipulated] election, and a black campaign against our candidate.”
That statement came from Obed Silva Sánchez, a representative of the Baja California “Alliance for a Better Living” — the Institutional Revolutionary
Party (PRI)-led coalition that lost the August 5 gubernatorial election in the northwestern Mexican state. This just before midnight on August 21, as
Silva and other coalition members filed eleventh hour challenges for the governorship, three of five mayoral posts, and seven seats in the unicameral
state legislature.
Charges and claims with merit? Or shallow complaints by apprehensive politicos with fears ranging beyond the loss of this past election?
Many were sure that Jorge Hank Rhon, an heir to his father’s political dominion come multimillionaire gaming tycoon come mayor of Tijuana, would win
the governorship of the Mexican border state that is contiguous with California. And there were those who suspected that while Hank could lose the
popular election he would buy enough votes to win.
Hank, as a successful businessman, haughty junior, eccentric millionaire, or racketeer — depending on who one asks, even said that after the
governorship his next step would be the presidency of Mexico.
But Hank lost, by 416,086 to 358,902 votes.
The outgoing governor of Baja California, Eugenio Elorduy Walther, a wealthy businessman who lives in the state capital of Mexicali, is a longtime
stalwart and important influence in the National Action Party (PAN). A man who many believe has done an honest and commendable job, although there
are detractors who question the integrity of several of the governor’s underlings over the past six years.
And even within his own party there are more than a few who see the demanding Elorduy as PAN’s answer to PRI caciquismo of the past.
As to PRI claims of 2007 electoral “irregularities” and hitting below the belt, Governor Elorduy is almost always mentioned and accused of dirty
tricks, either directly or indirectly, even though the charges filed are not too specific about him personally. Accusations that include state
government meddling, misuse of public funds, maneuvers to exclude PRI alliance candidates from their races, intimidation by state police, the presence
of organized PAN groups at polling sites on Election Day, and Elorduy’s “unfair” intervention during the campaign period on behalf of PAN
gubernatorial candidate — and winner as avowed by the independent Baja California State Electoral Institute in mid-August — José Guadalupe Osuna
Millán.
According to Mario Madrigal Magaña, who presides over the PRI in Baja California (as well, Madrigal and Silva are both lame duck members of the state
legislature), three legal avenues are being pursued: “nullity of polling station results; generic nullity; and abstract nullity.” The annulling of
results at certain polling stations is based on Article 411 of the Baja California electoral code, whereas the legal concepts of abstract and/or
generic nullification are a little harder to fathom.
The formal complaints by the PRI were submitted to the State Council (CEE) of the State Electoral Institute. The CEE has 72 hours to review the
documents (2,256 pages), and then it must turn them over to the State Electoral Tribunal (TEPJE). In turn, the TEPJE has five days to hear third
party objections and 30 days to rule on the challenges.
The new governor’s inauguration is scheduled for November 1.
Bluntly, the yet to be proven accusations by the Alliance for a Better Living at best seem frivolous. Still, if the TEPJE rules in favor of the
PRI-Alliance suit and annuls the gubernatorial election, the state legislature would have to name an interim governor, who would be obligated to
organize new elections within six months.
But even some of the PRI members and partners may secretly be hoping for the governorship challenges to fail. This as there are those who worry about
what the unpredictable Jorge Hank might do next?
The premise, according to Carlos Astorga Othón of the PAN-led Alliance for Baja California (he also serves in the state legislature), is that PRI
members sense an urgency to “explain to Hank Rhon why they lost, since the ex-candidate wants to know where his money went insofar as they had assured
him that he would win and he now feels cheated.”
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Barnard Thompson, editor of MexiData.info, has spent nearly 50 years in Mexico and Latin America, providing multinational clients with actionable
intelligence; country and political risk reporting and analysis; and business, lobbying, and problem resolution services. He can be reached via
e-mail at mexidata@ix.netcom.com.
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