Judiciary Elections in Mexico: A Multilevel Approach

Challenges in the Mexican Judicial Election

• Absence of International Precedents

  Proponents of electing Mexican judges suggested that other nations already follow this practice. While longstanding democracies such as Switzerland and the United States hold judicial elections, none has ever undertaken a challenge as ambitious as Mexico's in 2025.  

  In Switzerland, the popular election of judges is limited to certain cantons. In the United States, people do not elect federal judges. Although state judges can be elected, this depends on the policies of each legislature and may follow partisan or non-partisan election models.  

  In Latin America, Bolivia has taken the opposite approach, electing only members of its highest courts, not judges whose decisions are subject to review. This model has exposed two significant issues: a high rejection rate, where null votes outweighed valid ones in two of the first three rounds of elections, and widespread voter misinformation about the candidates’ qualifications and platforms. 

  In summary, Mexico’s case is unprecedented globally, as it seeks to elect judges at all levels, legal fields, and jurisdictions in the same election. 

• Legal Design Problems

  A second set of challenges arises from the legal framework. Mexico designed its electoral provisions for executive and legislative offices. Therefore, the inclusion of judicial positions has created imbalances and requires adjustments.  

  One of the main challenges is related to information and public knowledge about the judiciary. There is widespread confusion between judges' roles and prosecutors' work. Civic education programs, successfully implemented since the 1990s, have provided little to no context on the judiciary’s function. Thus, voter education programs for the 2025 elections face the difficult dual task of explaining the roles of these positions and the voting process itself.  

  Additionally, voters will have little information since judicial election campaigns will not receive public funding, nor can political parties promote candidates. Creative strategies are therefore required to disseminate the platforms of thousands of candidates. While the system allocates free airtime on radio and television for campaign advertisements, fragmentation of these messages may prevent voters from adequately learning about candidates. 

  There are also some operational issues related to the number of candidates, the budget required to organize an election of this size and the logistical challenges. For example, each branch of the government will nominate up to three candidates per contested position, meaning nine candidates will compete for each of the 881 federal judicial positions on the ballot in 2025.2  

  To streamline the process, the INE has decided to issue separate ballots for each type of election and assign numbers to the candidates. As a result, voters will use six ballots for federal elections. For instance, the Supreme Court ballot will list just over 80 candidates —voters must elect five women and four men. In the case of the State of Mexico, the largest state in the country, each person will have three to four additional ballots to elect local judicial authorities. In total, voters may have close to ten ballots in states holding local judicial elections. 

  From a financial perspective, an election of this magnitude requires substantial budgets. Given its expanded scale compared to presidential or congressional processes, the INE initially requested approximately USD 660.2 million3 to carry out the task. However, Congress approved only half of the requested amount, forcing the INE to reduce its budget to USD 386.5 million.

• Multilevel Election Challenges

  Multilevel Election Challenges 

  The high degree of coordination achieved by the INE and the OPLES over the past decade within Mexico’s national election system will be critical in managing the complexities of this multilevel electoral process.  

  Federal law requires local legislatures to determine regulations within 180 days, including decisions about holding state-level judicial elections in 2025. If legislatures do not meet this deadline, the election process is unfeasible. The INE set earlier deadlines, requiring finalized reforms and defined judicial positions by January 15, 2025. This timeline remains atypical for an election, especially for such a complex one. Furthermore, not only have socio-political differences across states produced varied electoral frameworks, but as few as 18 out of 32 entities have fully completed their reform processes.5 

  The inclusion of state judicial elections compounds the sheer scale of elections at the federal level. For example, the State of Mexico will have 91 judicial positions on the ballot, with up to 769 candidates competing. 

  Moreover, judicial districts, defined by the Judiciary, are based on caseloads and administrative complexity rather than population size. For the upcoming election, the INE redesigned these districts to maximize participation and reduce fragmentation. A key challenge is the concentration of multiple specialized federal tribunals in Mexico City, resulting in an uneven distribution of judicial matters across the country. This misalignment between judicial and electoral geography poses logistical and administrative challenges that authorities must address. For instance, significant adjustments to ensure ballot custody and counting will be necessary. 

  While organizational issues are complex, they are surmountable given Mexico’s robust and professional electoral institutions. While some consider this reform a hallmark for deepening democracy, the most significant challenge is still political. Public skepticism regarding elections and candidates’ legitimacy persists, and one of the biggest challenges that electoral authorities face is fighting voter apathy. 

  Transparent communication at every step will ensure the process becomes a dialogue and civic engagement platform. Electoral authorities will face numerous challenges; however, the Mexican national electoral system has proven robust, professional, and efficient, and this electoral process will not be the exception.