The Prosecutor's Office supports the request of the PSOE to review more than 30,000 null votes of 23-J in Madrid

The Prosecutor's Office has supported before the Supreme Court the appeal of the PSOE to review more than 30,000 invalid votes obtained in Madrid in the last elections, "given the tightness of the electoral result" and to "remove any reasonable doubt about the true and exact will " of the citizen.

Oliver Thansan
Oliver Thansan
20 August 2023 Sunday 22:23
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The Prosecutor's Office supports the request of the PSOE to review more than 30,000 null votes of 23-J in Madrid

The Prosecutor's Office has supported before the Supreme Court the appeal of the PSOE to review more than 30,000 invalid votes obtained in Madrid in the last elections, "given the tightness of the electoral result" and to "remove any reasonable doubt about the true and exact will " of the citizen.

In a letter addressed to the Supreme Court, to which EFE had access this Monday, the public ministry is in favor of upholding the appeal that the PSOE filed against the refusal of the Central Electoral Board (JEC) to review those invalid votes.

The Prosecutor's Office "deems appropriate" to declare void the proclamation of deputy number 16 that the PP obtained for the Madrid constituency after the recount of the foreign vote, Carlos García Adanero, and to review the invalid votes in the Community "with subsequent proclamation of whoever corresponds in attention to the electoral result that is derived".

Prosecutor Ricardo González argues in his letter that the revision requested by the Socialists "is likely to affect the electoral result", since "the distance in the allocation of the last seat awarded would be estimated at about 1,340 votes", and he stresses that "otherwise that it is about" is "to protect to the maximum the right of political participation, without prejudice to what the final result may be".

In addition to this "potential determining influence on the result of the vote" that could have "the electoral anomaly that would entail an erroneous classification of the declared null vote", the prosecutor maintains that the doctrine "does not come to demand, inevitably, the existence of some kind of irregularity" to review invalid votes.

He believes that it is "reasonable" to base the request for review "on the narrow margin of votes with which the last seat was assigned" and considers that "the reasoning of statistical origin does not exclude from the root and without any kind of doubt the possibility of obtaining" seat number 11 for the PSOE in Madrid.

It was once the general scrutiny ended with the external vote, when one more seat was confirmed for the PP (137 in total), the popular ones winning their 16th deputy for the Madrid constituency and the PSOE staying with 121 (one less than in the initial count).

The prosecutor understands that the rejection of the review of the null vote "compromises the knowledge and acceptance of the true will" of the electoral body and the "regularity of the electoral procedure" and slips that the agreements of the Provincial Electoral Board of Madrid and the Board Central Electoral could violate the right to access public office.