Mexico.- The Superior Chamber of the Electoral Tribunal of the Federal Judicial Power (TEPJF) endorsed the revocation of the fine that the National Electoral Institute (OTHER) imposed on the governor-elect of the state of Nuevo León, Samuel Garcia Sepúlveda, and the Citizen Movement for the support that his wife gave to his campaign Mariana Rodriguez through his official Instagram account and for his appearance in the video “Arráncate Nuevo León”.
Last July, the General Council of the electoral body voted in favor of imposing an economic sanction of 55.7 million pesos to the orange party and another one of 448 thousand 100 pesos to García Sepúlveda for the alleged contribution of an undue entity, in this case Mariana Rodríguez, to the political-electoral campaign of the emecista in the 2020-2021 electoral process.
During the virtual session on Tuesday, September 14, the TEPJF recalled that the INE had determined the millionaire reprimand fine from having considered that, in its capacity as “influence“, with 1.8 million followers and being a natural person with business activity, Mariana Rodríguez had published 1,300 stories and 45 photos in favor of the emecist in the course of the 90 days of proselytizing acts, which was considered as “contributions in kind“.
However, the bill by Judge Infante Gonzáles pointed out that “the publications cannot be considered as contributions, among other things, by the respect for freedom of expression and for the marriage bond between Mariana Rodríguez and Samuel García “.
In this sense, the member of the Superior Chamber maintained that the electoral authority did not verify that Rodríguez had received any payment for the publicity he made in favor of his spouse’s nomination.
In addition to this, he indicated that “there is no evidence that he has hired an advertising scheme to further publicize Mariana Rodríguez’s publications and the number of followers of her are not enough arguments “.
Gonzáles explained that when analyzing the Instagram account of the influencer, he could realize that although many photographs refer to some type of product or service, many others are also from the family environment. Among the publications, he stressed, there are some that also refer to the political-electoral context.
“From March 5 to June 2, although there are some publications, they are seen in the context of a candidate’s wife, it can be determined that the photos were spontaneous, many of them called selfies“, indicated the magistrate.
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However, the members of the Superior Chamber decided that due to the appearance of Mariana Rodríguez in the video “Arrancate Nuevo León“Samuel García will have to be reprimanded, although the amount will have to be modified by the INE.