Esparta Palma
Mexico becomes the first country in the world to elect all judges by popular vote
On June 1, 99.7 million Mexicans were eligible to vote at 83,800 polling stations and choose their legislative representatives for the first time in the country’s history. A total of 2,681 positions were at stake, including 881 federal positions — among them, all nine Supreme Court seats — as well as approximately 1,800 local positions across 19 states. More than 7,700 candidates participated.
However, only around 13% of voters turned out that Sunday, a figure that experts and observers deemed alarming. Voting in Mexico isn’t mandatory, and there is no minimum voter turnout required to validate elections. This probably explains President Claudia Sheinbaum’s enthusiastic reaction: «Wonderful, impressive», she told reporters after the elections. «Extraordinary! A huge success».
Similar judicial election practices exist in Bolivia, Japan, and the United States. However, the judicial reform led by Mexico’s ruling party, Movimiento de Regeneración Nacional (Morena, or National Regeneration Movement), represents an unprecedented global experiment.
Morena leaders claim the reform will eradicate corruption among officials, democratize the judiciary, and rebuild trust in a justice system that most Mexicans perceive as ineffective and broken.
According to Mexico United Against Crime (MUCD), «nine out of ten crimes remain unsolved, and only 0.6% of reported cases are investigated. Only 10% of these investigations reach court. Prosecutors not only fail to handle the backlog, but also accumulate approximately 60,000 new cases annually».
From the outset, this major restructuring of Mexico’s judiciary has faced significant challenges. Former President Andrés Manuel López Obrador (AMLO), Sheinbaum’s political mentor, originally proposed electing judges by popular vote toward the end of his presidency. Some politicians and analysts argue that this move was aimed at settling scores with Supreme Court justices and federal judges who blocked some of his infrastructure projects and plans.
Sheinbaum continued the effort, but she immediately encountered severe absenteeism. Nearly 90% of voters either stayed home or took to the streets in protest. «Such low participation in elections of this magnitude casts serious doubt on the legitimacy of popularly elected judges», Mexico’s La Verdad wrote. «If only a small fraction of voters participates, claims of a ‘people’s choice’ become weak».
Experts attribute the low voter turnout to several factors, including off-cycle timing of the elections, a new and overly complicated voting process, and widespread confusion among voters due to unfamiliarity with the vast majority of the more than 7,700 candidates. Additionally, concerns about potential violence and terrorist threats from criminal groups further reduced voter enthusiasm.
At polling stations, voters had to navigate six to ten different color-coded ballots listing over 3,000 mostly unfamiliar candidates. On average, it took voters 10 to 20 minutes to identify their candidates and cast their votes.
Volunteer election observers reported numerous instances in which voters used «acordeones» — cheat sheets folded like an accordion — to identify their preferred candidates. CNN reported that «all nine Supreme Court candidates were listed on acordeones distributed by Morena party members». Morena officials deny distributing these cheat sheets, but suspicion persists.
To qualify for the judicial elections, candidates had to meet several requirements, including holding a law degree, possessing relevant professional experience, and having no criminal record. Each candidate was vetted by selection committees comprising experts from various government branches, who were tasked with identifying the most qualified and trustworthy candidates. However, a significant reform loosened the educational and experience requirements for judicial candidates.
The reform quickly revealed its flaws. Shortly before the election, several candidates were revealed to have links to drug cartels and criminal organizations, sparking a scandal. The human rights organization Defensorxs identified around 20 «high-risk» candidates, including Silvia Delgado, the former attorney of Sinaloa cartel co-founder Joaquín «El Chapo» Guzmán.
Fernando Escamilla, a judicial candidate in Nuevo León, had previously represented Miguel Ángel Treviño, the notoriously violent former leader of the Los Zetas cartel. Another judicial candidate in Durango spent nearly six years in a U.S. prison for drug-related crimes.
Morena leaders publicly downplayed these risks, referring to problematic candidates as merely «the human factor». President Sheinbaum also dismissed concerns, defending the reform. «Every process can be improved, every single one», she stated. «We’re talking about a minuscule, negligible percentage of all vetted candidates».
Nevertheless, corruption, nepotism, and drug cartel influence remain prevalent issues in the Mexican justice system. «In Mexico’s criminal justice system, judges aren’t the primary targets of corruption», said David Shirk, director of the Justice in Mexico program at the University of San Diego. «Historically, corruption has deeply penetrated prosecutors’ offices, so there hasn’t been a need to corrupt judges when prosecutors are already compromised».
The government and its supporters argue that judicial reform is essential for cleansing the decayed judiciary system. Mexico would be the only country globally to elect all judges and magistrates by popular vote.
The election results are not yet known. Since Mexico uses paper ballots that are counted manually, it will take at least ten days to get complete results. First, the winners of the Supreme Court races will be announced, followed by judges in each state. The final results are expected by June 15.
Many Mexicans agree that their judicial system urgently requires reform. However, skepticism persists as to whether the newly elected judges will improve upon their predecessors. Regardless, Morena appears to be the primary beneficiary, as it is now firmly in control of all three branches of government.