New report warns that electoral reform proposals in Mexico should comply with legal safeguards to protect democracy

In August 2025, the Federal Executive announced that it intended to introduce a new constitutional amendment on electoral reform. The report is intended to provide a rigorous legal framework for analyzing that reform.

The report, titled “International Legal Standards to Guide Mexico’s Forthcoming Electoral Reform” analyzes Mexico’s international obligations in the context of the country’s decades-long progress in strengthening its electoral system and safeguarding democracy. It notes that the August 2025 announcement follows previous failed attempts to restructure the electoral system—known as “Plan A” and “Plan B”—which were promoted by the Morena government, led by Andrés Manuel López Obrador. According to experts and international bodies those initiatives would have compromised electoral operations and dismantled essential democratic controls.

The report emphasizes that Mexico’s National Electoral Institute (INE) has been crucial for ensuring that elections are conducted fairly and freely. As an autonomous body charged with organizing, implementing, and monitoring Mexican elections, it is widely regarded as one of the most effective and independent electoral commissions in the world. 

To ensure that any forthcoming proposal respects the rule of law, the report sets out the following recommendations addressed to the Congress of the Union and the Federal Executive:

1. Establish the principle of non-regression as the absolute legislative benchmark.
2. Preserve the proportional representation system and limits on overrepresentation.
3. Guarantee the primacy of public financing of elections to prevent their capture by economic or illicit interests.
4. Maintain the regime of government neutrality and impartiality, particularly the prohibitions established in Article 134 of the Mexican Constitution.
5. Safeguard the independence and the merit-based career civil service of electoral authorities.
6. Fortify electoral federalism by preserving the capacity of Local Public Bodies (OPLs) to organize local elections.
7. Ensure the progressive expansion of voting modalities, such as electronic, early, and pre-trial detention voting.

"The defense of democracy is a constant task that belongs to all of us. The BMA contributes legal proposals and analysis to the discussion, seeking the approval of a reform that strengthens public life through the electoral system," stated Ana María Kudish, President of the Mexican Bar Association (Barra Mexicana, Colegio de Abogados, A.C.).

"Any amendment must be reached through consensus. The autonomy of electoral authorities must be strengthened and their independence respected. This reform must be accompanied by political and democratic plurality and must be agreed upon by all actors who will participate in the election," stated Arturo Espinosa Silis of Laboratorio Electoral. 

“Mexico stands at a critical juncture. As the government prepares a new proposal for electoral reform, it is essential that any changes preserve voting rights and electoral integrity,” said Amrit Singh, Professor of Practice and Faculty Director from the Rule of Law Lab at NYU School of Law. “International law requires that Mexico maintain the level of protection for political rights already achieved. We are releasing this analysis now to ensure that any forthcoming initiative strengthens, rather than weakens, the democratic fabric of the country.”

"Over the course of decades, Mexico has built an electoral system that has earned international recognition for its institutional strength. Any future reform must respect these advancements and the principle of democratic non-regression. This report offers recommendations and legal criteria to enrich the public and legislative debate on an eventual electoral reform, with adherence to the Rule of Law and a long-term vision," stated Hans Blomeier, Director of the Konrad Adenauer Foundation Mexico.

• To read the report in English and Spanish, please visit: https://www.law.nyu.edu/rule-law-lab/international-legal-standards-guide-mexicos-upcoming-electoral-reform 
   

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Contact: ruleoflawlab@law.nyu.edu
 

About the Rule of Law Lab at NYU Law 

The Rule of Law Lab is a non-partisan institute which studies and deploys legal tools—legal research, documentation, litigation, and advocacy—in close collaboration with local practitioners and academics to protect democracy and the rule of law around the world.
 

About La Barra Mexicana, Colegio de Abogados, A.C. 

La Barra Mexicana, Colegio de Abogados, A.C., is a civil association duly constituted in accordance with Mexican law, whose corporate purpose is to foster in its members, and in society in general, the spirit of equity and the struggle for the full realization of security, justice and the defense of all principles of law, as well as to strive for the improvement of the administration of justice and the correct application of the law.
 

About Laboratorio Electoral 

A think tank established in 2017 focused on elections and democracy in Mexico and Latin America; it studies, analyzes, and influences issues fundamental to the development and consolidation of democracies.
 

About the Konrad Adenauer Foundation Mexico 

A German political foundation dedicated to the integral functioning of the democratic system, the strengthening of the rule of law, the promotion of a sustainable economy with social justice, and international and security policy.