2023-09-12 10:48:54
The Constitutional Court has unanimously rejected the count of null votes in Madrid that the PSOE claimed, according to sources from the guarantee body. With this request, the socialists aspired to recover a seat that they see as key to the tight vote for the investiture of Pedro Sánchez. The reason for the rejection is that the court considers that there is no generic right to request this type of recount without alleging specific reasons and only to verify whether the operation was carried out without any error at the time, and there are no founded suspicions that the final result may be different. In this sense, the guarantee body emphasizes that “immediacy” in knowing the vote count “constitutes a good legal thing to protect.”
The speaker, Judge Laura Díaz, had ruled in favor of dismissing the socialists’ appeal, as had the Prosecutor’s Office of the Constitutional Court. In both cases, they supported the thesis that there must be specific reasons for demanding a new recount of the annulled votes, since otherwise it would be very likely that claims and repetitions would occur to review the electoral results without the political forces had previously and well-foundedly alleged the existence of specific irregularities.
With this resolution, the guarantee body expands its scarce doctrine on this type of conflict, in the sense of demanding that requests for new counts must have a solid basis for the belief that errors have occurred, and not respond only to the interest derived of the small number of votes received by one candidate or another.
The Constitutional Court has been meeting since early this Tuesday to deliberate on the merits of the matter. The decision on the PSOE appeal corresponds to the Second Chamber of the Constitutional Court, made up of two conservative judges – César Tolosa and Enrique Arnaldo – and four progressive judges – Ramón Sáez, María Luisa Balaguer, Laura Díez and the president, Inmaculada Montalbán.
[Noticia de última hora habrá actualización en breve.]
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