The PSOE does not want to give up the seat that the PP snatched from it in Madrid after the recount of the foreign vote and has filed an appeal for electoral protection before the Constitutional Court so that the votes declared invalid in the Madrid province in the general elections are recounted on July 23 after the Constitutional Court (TC) and the Central Electoral Board (JEC) refused to review the 30,302 invalid votes counted.
The Socialists allege violation of fundamental rights for the Constitutional Court to review the decision of the Supreme Court not to agree to the study of all the votes declared invalid in Madrid on 23-J.
As soon as the general scrutiny was concluded with the external vote, which confirmed one more seat for the PP, the Socialists went to both the Madrid Electoral Board and the Central Electoral Board to review the validity of all invalid votes in the constituency from Madrid. With the petition dismissed by the Supreme Court, the Socialists are now appealing to the Constitutional Court.
The formation led by the acting president, Pedro Sánchez, began this legal battle after the recount in Madrid of the votes of Spaniards abroad subtracted a seat from the PSOE in favor of the PP. The loss of this deputy means that Sánchez needs the favorable vote and not the simple abstention of Junts in an eventual investiture.
The Socialists consider that the fundamental right to passive suffrage and the fundamental right of equal access to elective public office, contained in article 53.1 of the Constitution, have been violated.
The appeal is filed against judgment number 1105/2023, of August 25, of the Contentious-Administrative Chamber of the Supreme Court, which dismissed the contentious electoral appeal filed by the PSOE, Cristina Pavón López and Javier Rodríguez Palacios against the agreement of the Provincial Electoral Board of Madrid in the electoral process of 23-J.
