To facilitate the characterization of the electoral system of the Federal District, in this section three aspects were considered. The first one refers concisely to some relevant theoretical branches that provide the general framework for the explanation of an electoral system. The second one is related to the main aspects of said system at a national level insofar the Political Constitution of the Mexican United States (CPEUM) not only sets forth the characteristics of the political-electoral Mexican system but, it also sets forth the general framework for the structure of the powers and the election of the authorities of each one of the 32 states that integrate the Country, as the case of Mexico City.

Starting from the foregoing, at the third section the main aspects that allow the understanding of the electoral system of the Federal District are described, since a non orthodox focus insofar of the mention of some peculiarities of the electoral organization that are considered essential to understand the Electoral process in the capital of the Mexican Republic, and not only as regards the integration of the legislative power.

Basic theoretical references

Under conceptual terms it can be sustained that the electoral system is the set of regulations and procedures that a society is given to transform votes into seats at the relevant legislative instance. In this regard, among the multiple theoretical contributions recognized to define or describe an electoral system those of Dieter Nohlen are naturally outstanding. For this author the electoral system contains:

“the manner according to which the voter expresses by means of the vote the party or the candidate of his preference, according to which such votes transform into seats...”

Such definition refers to two components: the one of the procedures and characteristics of the election and the procedure commonly mathematic to allocate the spaces of the legislative power.

Evidently a definition as the foregoing reflects the importance that the procedure has at the electoral system in order for the will of the voters to translate into legislative weight. This explains itself in the measure that it is at the legislative instances where the interests of the different social groups are transformed into laws and regulation, by means of each political party. In other words, it is at the congresses where the political interests of the different social groups are expressed, and from its representation (number and capability to form electoral fusions) is that they influence the course of the society they represent.

It is important to highlight that the component regarding the procedures for the integration of the legislative power is related to the characteristics of the Electoral process. This means, the reference to the procedures unavoidably includes the competitiveness of the election; the universal vote; the same rules for all the actors and that the participant institutions, the ones that administrate the electoral organization as well as the jurisdictional comply with the law; among other aspects. In other words, that the competition for the political power through the urns allows the will of the voters is reflected at taking political resolutions based on the existent procedures.

As a result is the utility of the definition that the researcher Leonardo Valdés proposes. For this academic an electoral system is a:

“...set of means through which the will of the citizens is transformed at the governmental or political representation organizations. This means, at the current societies the manner in which the inhabitants express their interests to integrate the structures of the organizations of the state”.

This definition implicitly refers to the importance of the procedures as well as to the transformation of the votes into seats, but specially it points out the impact that an electoral system has in the exercise of the political power.

At a wider context, some authors involve the concept of electoral system with other components of the political system. For instance, they make a similarity with the electoral law or electoral regime by comparing the electoral system with the set of laws, institutions, procedures that regulate the organization of the elections and the integration of the political organizations.

In other word, an electoral system considers the procedures, the proportionality and plurality: the procedures, as long as they contribute to explain the kind and condition of the elections; the proportionality among the number of designated seats and the amount of votes received by certain force that shows the balance that are intended to achieve at the system, and the plurality because it reflects the representation of the main sectors of the society through the designation of seats to the minorities. It is for that reason that the electoral system is said to contribute the necessary elements for the correct operation of the political system.

In accordance to Dieter Nohlen the analysis of the electoral system usually considers four lines to explain the functioning of the electoral system:

“the electoral systems regulate this procedure by means of establishing the distribution of constituencies, of the manner of the candidature, of the voting procedures and of the conversion methods from votes to seats...”

a) The distribution of constituencies

The distribution of an equal amount of voters to each constituency is the key element to the functioning of the electoral system. A balanced distribution of voters grants the same opportunities of electoral triumph to the participants at the elections. To secure the uniform distribution of the voters it is necessary to adjust periodically the physical boundaries of the constituencies derived from the migration processes, or else increase or decrease the number of seats from the behavior pattern of the population.

The amount of seats of a constituency determines the proportional effect of an electoral system, ever since in accordance to the size it is possible to distinguish two kinds of constituencies: the one of single member districts and the one of plurinominal.

b) The candidature and the voting procedures

At an electoral system two different procedures for the registry of candidates can be present, insofar there exist two kinds of candidatures, the one individual candidature or the list (closed or open).

Precisely, the voting procedures, other of the components of the electoral system, are closely related to the modality of the list used at the electoral system. For instance, in the case of a close and blocked list the voter has the possibility to vote only for the list as a whole, without the option to elect one of the members of the electoral list; in case of not being a blocked list the voter will be entitled to vote for any of the candidates that are in the list.

c) The conversion of votes to seats

The assignation of seats includes tools of the mathematical kind that intend to grant scientific severity to the transformation of votes into members of the organizations of social representation.

The conversion of votes goes side by side with the regulation over the barriers for its assignation among political parties. Said barriers can refer to, for instance, the minimum percentage of votes determined at the law in order for the political parties to maintain their registry or access to the seats.

In Mexico the formulas to convert votes into seats are the one of majority and the one of proportion (proportional representation) and even at the Senate there is a scheme of assignation in order for the first minority, this means the second place of the list, to obtain a place at the legislative power.

The formula of proportion or proportional representation distributes the seats in accordance to two procedures: a) the divisor procedure; and b) the procedure of electoral quotient.

The first one consists of dividing the votes obtained by each party between series of divisors which produces results or figures in a decreasing manner for each party. The seats are assigned to the higher figures. In this procedure there are different methods, notwithstanding the most common one is the D’Hondt method.

The second procedure is characterized by the determination of an electoral quotient or minimum amount of votes to obtain a seat, which is the result of dividing the valid votes issued at the election among the number of seats of the constituency. Thus, the political parties obtain the same number of seats as times the quotient fits into the number of votes obtained.

In fact, the later is related to the method developed by the mathematician Niemeyer and regarding the issue of proportions and consists of multiplying the amount of valid votes issued by the number of seats to be assigned and the obtained result is divided among the total number of issued valid votes .

Derived from the foregoing, it is possible to declare that there are several kinds or varieties of the electoral systems. Among the most important are the system of relative and absolute majority, and the one of proportional representation and mixed systems.

According to Nohlen it is spoken about representation per majority when the candidate is elected for having reached a great part (absolute or relatively) of the total votes. The proportional representation is present when it reflects as exactly as possible the distribution of votes among the parties.

In the case of representation by majority the objective is to achieve a parliamentary majority. For a party or electoral fusion of parties even if they fail to reach the majority of votes, in case of the proportional representation its purpose is to reflect as exactly as possible, the social forces and the political groups of the population, the amount of votes and seats for each party must correspond approximately one with the other.

The system by the principle of plurality system or simple majority predominates at the English speaking countries, it is applied at single member districts and the candidate who obtains the most of votes wins insofar the proportional representation system is applied in constituencies and seeks to eliminate the problems of over and sub representation by means of the assignment of representatives to the parties in accordance to their electoral force.

Another electoral system that has the most relevance at the current societies is the mixed system or as Nohlen calls it personalized, among them the segmented is outstanding in which the proportional representation is mixed with the additional proportional list. In this kind of systems one section of the legislative power is elected by means of a proportional representation and the other section by means of relative or absolute majority; this means, the elections are defined by two partial and separate results: the one by the principle of plurality system named disproportional and the one of proportional representation whose main purpose is precisely to compensate the differences observed at the first kind of elections.

A great part of Latin American countries use this kind of electoral system, among them Mexico. The Mexican nation is located at the grey zone, defined by Nohlen and which makes reference to those electoral systems immersed among the representation by majority and handling an additional proportional list.

Basic elements of the Mexican electoral system

To integrate the foregoing elements to the case of the Mexican electoral system it is timely to remember what was established by Nohlan “even though my Mexican friends don’t like it the Mexican case is studied separately”. Insofar that the electoral system as well as the political has specificities that are worth considering before including this case in any of the typical classifications of the electoral systems.

The Mexican electoral system has gone from the most basic stages of democracy to development standards similar to what is currently called representative democracy. The development tendency of the political life of the country has been marked by the permanent search of a representative political system and an efficient electoral system based on laws that capture the interests of the majority of the social classes that integrate it.

Evidently, the evolution of the Mexican state expresses different forms of political development throughout its history. And although the electoral system of the beginning of the century lacked of different basic elements, and specially from the issues of the candidacy and the voting procedures, the truth is that at the Constitution of 1917 the elements of the system of political representation and of the Mexican electoral system that is in force and effect up to this date.

The Mexican electoral system has its guidelines at the Political Constitution of the Mexican United States (CPEUM), specifically in the articles 39, 40 and 41 regarding the national sovereignty and the Government forms.

At the article 39 it is mentioned that the national sovereignty resides essentially and originally in the people. The public power understood as the form of government issues from the decisions of the people.

On the other hand, article 40 sets forth that it is the people’s wish to constitute a representative, democratic, federal Republic, composed by free and sovereign States, united by a federation whose seat is, precisely, the Federal District.

Based on the two components that are set forth in the aforementioned articles (the sovereignty that emanates from the people and the existence of a federation of 32 states) it is possible to understand what is mentioned by article 41:

“The people exercise their sovereignty by means of the Powers of the Union, in the cases of its competence, and by means of the States, as regards its interior regimes, in the terms respectively set forth by the Federal Constitution and the constitutions of the States…”

The manner in which the powers of the Union are elected is one of the components of the Mexican electoral system. Among its most important features are the following:

• The Legislative and Executive Powers are renewed by means of free, authentic and periodical election every 3 and 6 years, respectively;

• The only means through which the citizens can reach the powers if through the political parties, who are entities of public interest and are ruled by the Mexican Constitution,

• The organization of the federal elections is a state function that is carried out through an autonomous public organization and that is currently called the Federal Electoral Institute.

The regulations of the Mexican electoral system are captured in detail at the Federal Code of Electoral Institutions and Procedures (COFIPE), law that derives from the electoral reform of 1996. In the Third Title, First Chapter, there is a reference to the electoral systems.

Specifically, article 9 sets forth the characteristics of the exercise of the executive power, which:

“Is deposited is one sole individual that is named President of the Mexican United States elected every six years by the principle of plurality system and direct vote of the Mexican Citizens,”

And on article 10 the corresponding to the legislative power which sets forth that:

“It is deposited at a general congress that is divided into two Houses on of the deputies and the other one of Senators.”

Another one of the components of the Mexican electoral system and which is incorporated to the COFIPE is the one that corresponds to the formulas of designation of seats by the principle of proportional representation and whose main mechanism is the one of natural quotient and higher remainder. In this regards it sets forth that:

“For the designation of deputies of proportional representation… a formula of pure proportionality will be applied, integrated by the following elements:

a) Natural quotient;

b) Higher remainder”

The seats allocated for each one of the political forces by virtue of proportional representation must not exceed 63% of the total seats of the House. This is, of the 500 seats that form the Chamber of deputies 300 is the maximum number of seats to which any political party can aspire. The maximum is established in order to grant a healthy balance to the forces that represent the citizens. The foregoing is regulated by article 12 of the COFIPE.

“No political party is entitled to have more than 300 deputies by both principles…”

This same article sets forth a limit of variation between the two ingredients of the proportionality of the electoral system. In this regard, it sets forth that:

“...in no case, a political party is entitled to have a number of deputies by both principles that represent a total percentage of the Congress that exceeds in eight points its percentage of national votes issued…”

Finally, regarding the system of designation of seats for the Senate the Mexican electoral system also defines a part of proportional representation and other part by the principle of plurality system. In each state and at the Federal District, two senators are elected by the principle of plurality system and one is designated to the first minority, this means to the second place. In the case of designation by proportional representation a list is prepared for one sole national constituency and the 32 remaining senators are elected, and which are those that integrate the 128 integrants of the Senate.

Characteristics of the electoral system of the Federal District

At the Federal District, as in the 31 states that integrate the Mexican Republic, the electoral system in force and effect is mixed. This means, representatives are elected by the principle of plurality system and proportional representation.

In words of Nohlen the local electoral system of the Federal District will be individualized of the segmented kind insofar it establishes an access to the Executive and Legislative local powers by means of a majority representation and one additional list by means of the mechanism of proportional representation.

It is important to point out that throughout the XX Century the Federal District went from a municipal regime of territorial government to an administrative department. Actually, until the electoral reforms of 1988 the Federal District acted as an administrative department and thus, the inhabitants of the city had no right to elect their representatives and governors. The head of the local Executive Power, in those years called “Head of the Department of the Federal District” was appointed by the President of the Republic and there was no local Legislative power. Also, the officers in charge of the administration of the political territories, called Delegates, were proposed by the Head of the Department of the Federal District.

In the framework of the electoral reform of 1988, the Legislative Assembly of the Federal District (ARDF), the preceding instance of the local Legislative power was created, elected by the universal, direct and secret vote of the citizens of the Federal District. It was integrated by forty representatives elected by the principle of plurality system and 26 deputies by the principle of proportional representation and it will be renewed every three years. Notwithstanding, the ARDF had no legislative authorities.

It was by the reform of 1994 that the ARDF acquires legislative authorities and it sets forth a first session, such fact means a decisive step towards the democracy at the capital of the country. It is important to point out that in that same year the Honorable Federal Congress decrees the Government Statute of the Federal District, maximum legislative law of the Capital City.

With the electoral reform of 1996, the electoral system of the Federal District suffered a substantial change, maybe the most important reform that occurred with this new law, in which the direct, free and secret election of the Head of Government of the Federal District (head of the Local Executive Power), besides the legislative authorities of the ARDF are widened and in 1997 the Legislative Assembly of the Federal District, First Session, is integrated. With the foregoing the greatest political advance to develop democracy at the capital of the country was achieved.

There is no doubt regarding the nature of the electoral system of the Federal District. It is, in few words, the reflex of the federal electoral system and currently it is the engine of advance of the different controversies between political parties related to the search for perfection of the electoral system of the country.

Based on the legislative authorities that the Constitution grants to it, the ALDF reformed 7 times the Electoral Code for the Federal District (CEDF) promulgated in 1999, and on January 10, 2008 a new code was promulgated.

In view of the foregoing it is clear that the local electoral system reproduces the characteristics of the federal electoral system, specifically the global characteristics:

• The local Legislative and Executive powers are renewed by means of free, authentic and periodical elections every 3 and 6 years, correspondingly;

• In Mexico City, the same as in the Federal area, the only way in which the citizens can reach the local powers is exclusively by means of the political parties.

• The organization of the local elections and of the processes of citizen participation is a function that is carried out through a public autonomous organization depositary of the local electoral authority; in this case it is named the Electoral Institute of the Federal District.

A clear example that the Federal District possesses a segmented electoral system it is how to choose the Head of the Local Executive Power, set forth in Article 9 of the Local Electoral Code, wich reads:

“The Head of Government of the Federal District will be elected every six years, by means of the plurality system and a universal, free, direct and secret vote.”

As regards the elections of the heads of the local Legislative power organizations, in the mentioned ruling, article 8 points out:

“The deputies of the Legislative Assembly of the Federal District will be elected every three years by the principle of plurality system in single member  districts and by the principle of proportional representation by the list system in one only constituency.”

So, while the country is divided in five plurinominal constituencies to elect 200 deputies of proportional representation, at a local level, the Federal District comprises a single constituency of the entity (covering the whole territory) for the election of 26 deputies by the same principle.

As it has already been mentioned, the translation of votes into seats by means of the designation of the deputies of proportional representation is a procedure determined at the local electoral area, and the same as in the federal area, its purpose is to achieve to make the electoral system proportional and to incorporate, in the decisions of the majority, the opinion and vote of the minorities.

At the process of designation of deputies of proportional representation there are mandatory guidelines for all the political actors. Therefore at the CEDF it is set forth that the political parties and coalitions shall:

• Register a list with the half of the total number of deputies to be elected by the principle of proportional representation at the constituency, ordered by order of preference, in formulas of proprietary and substitute candidates…;

• Obtain at least 2% of the total votes issued at the constituency; and

• Register candidates to be deputies by the principle of plurality system in all the single member districts into which the Federal District is divided.

For the designation of deputies of those parties that exceed the legal barrier described in the foregoing the CEDF uses the principle of natural quotient and higher remainder. This is specified at article 13 which in this regard sets forth the following:

“III. Natural quotient is the result of dividing the effective votes between the deputies of proportional representation to be designated, pursuant to the terms of this Code…”

VI. Higher remainder is the higher remainder between the remains of the votes of each Political Party; it will be used when there are still deputies to be designated, once the designation is carried out pursuant to the terms of the foregoing paragraphs.”

Under the dynamics that are established by the federal law and its replica in the local scope, the law clearly sets forth that the segmented electoral system creates the optimal conditions for the configuration of a complete political system. It is for that reason that in its article 14, the CEDF sets forth that for the designation of deputies by the principle of proportional representation a formula of pure proportionality must be used.

According to Sartori the impure electoral systems, this means, those that are farther to the point zero are divided into two classes: those that he calls strong electoral systems whose main feature is the election by the principle of plurality system and those he calls the strong-weak electoral systems, a mixed class that contains electoral systems of majority with non proportional or low proportion systems. The categories of their classification is based in one sole function, this means in the distance from the point zero.

It is possible to make a graphic representation of the foregoing, at a curve with negative slope the strong systems will be placed at the end of the tail and the pure systems at the beginning point. In those cases in which there is a deviation, the system stops being pure and it will be directed towards the systems by the principle of plurality system.

In the search for a system of pure proportionality the local law of the Federal District has established different criteria. Article 14 of the CEDF sets forth that:

“I. No Political Party is entitled to have a higher number of integrants of the Legislative Assembly than the total set forth by the Government Statute of the Federal District;”

Currently, the Legislative Assembly of the Federal District is made up of 66 seats and the maximum number that corresponds to the winning party is 40. In synchrony with the federal spectrum, the law avoids an over representation of the political parties, specifically in those cases in which they obtain the majority of the single member districts seats.

The phenomenon of the over representation is controlled by the provisions of section IV of the aforementioned article 14 that sets forth that:

“....no other Political Party or Coalition is entitled to have a number of deputies by both principles, whose percentage of the total of the Legislative Assembly exceeds three points to its percentage of the issued votes, exception made when the later results from its triumphs by the principle of plurality system or that deputies have been designated to it pursuant to the terms of the sections II or III of this article;”

Effectively, only in the case where a political party obtains preference in the majority of the single member districts scopes the amount of seats is respected, in spite of the existence of a case where the amount of votes is superior to the 3% of difference regarding its relative participation at the designation of seats.

In this sense it is important to mention that in Mexico City, since the year 2000, three elections have been organized by means of the organization in charge of said authorities, the Electoral Institute of the Federal District. In these elections, the electoral law has been effective for the competition, the equity of the elections and the plurality, specifically in the issues of pure proportionality. The foregoing is observed in the graphics that describe the relation of seats-votes obtained by political force.

Votes obtained and total seats designated by political force to integrate the Legislative Assembly of the Federal District in 2000, 2003, 2006 and 2009

Source: Elaborado por la DEOyGE-IEDF con base en: IEDF. Estadística de las Elecciones Locales 2000. Volumen II. México. 2001, IEDF. Estadística de las Elecciones locales 2003. Volumen I. 1a ed. México. 2003, IEDF. Estadística de las Elecciones Locales 2006. Resultados. México. 2006 e IEDF. Estadística de las Elecciones Locales 2009. Resultados. 1a ed. México. 2009. Statistics of Local Elections 2009. Results.

In the four elections that are mentioned a synchrony is observed among the percentage of votes obtained and the percentage of seats designated for each one of the political forces that participated. In all the cases, exception made for the exercise of 2003 and for the PRD; the proportionality is next to the symmetry. In fact, the graphics provide elements to point out that the legislation that governs the electoral system of the Federal District that manages to achieve, although not completely, the pure proportionality.

After having covered more than the half of years corresponding to the first decade of the XXI Century it is possible to argument that at the Federal District, capital of Mexico, democracy is advancing and is sustained at an electoral system every time more complete and where the efficient instrumentation of the electoral law has been constant.