An operator moves ballot boxes the day before the July 23 general election. Alejandro Garcia (EFE)
The Constitutional Court has allowed the PSOE’s electoral complaint to be processed to examine whether the counting of zero votes in the 23 years elections in Madrid should be reviewed. The decision was taken by four votes to two, with the first belonging to the progressive sector and the second to the conservative group. The decision on the matter – that is, whether a new recount of the more than 30,000 invalid votes in the Madrid constituency should be carried out – will be made at the meeting of the second chamber of the court next Monday. The PSOE’s appeal will be placed on the agenda of the meeting that this section will hold on the 11th, the day before the plenary session of the court that begins next Tuesday, the first after the August bracket.
The debate over whether or not to allow the PSOE’s appeal centered on the extent to which requirements can be imposed on the grounds for repeating the recount in order to enable it to be carried out. For the second section judges who belong to the current progressive majority of the Constitutional Court – Inmaculada Montalbán, Laura Díez, María Luisa Balaguer and Ramón Sáez – it is not possible to require the complaining party to provide overly specific or precise reasons Case must be repeated.
For these judges, it may be enough that the recount carried out revealed a relatively small difference in votes between the PP and the PSOE, namely 1,700 votes in the allocation of the last seat. The political relevance of the matter lies in the fact that if this position changed hands in Congress and passed from the PP to the PSOE, the latter party would need Junts’ abstention, and not his affirmative vote, to now grant the presidential inauguration achieve in office. functions, Pedro Sánchez, as long as there were no changes in the rest of the parliamentary support that the government already had during the last legislative period.
Judges Arnaldo and Tolosa, for their part, consider that the appellants have not provided any compelling reasons for reviewing the counting of the votes declared invalid in Madrid on January 23rd. Arnaldo has announced in writing that he will vote against. Tolosa voted against allowing it to be processed, but refused to include the arguments for his rejection in the resolution. In the course of the debate, reference was made to the precedent of a ruling by the Constitutional Court itself, which refused to review the audit requested by the IU in an election in which its ballot papers were printed in a different color than that of the rest of the political forces.
With the above-mentioned majority of four votes to two, the second section established the criterion that the PSOE complaint “has a particular constitutional significance because the matter raised goes beyond the specific case in that it raises a legal question of relevant and general social or economic impact, successful.” “. On the other hand, the approved decision assumes that the appeal could give the court the opportunity “to clarify or modify its doctrine as a result of the emergence of new social realities.”
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