The rapporteur advocates rejecting the PSOE's request to the TC to review the null votes of 23J in Madrid

It aligns with the criteria of the TC prosecutor, who opposes a recount based on "mere will"

MADRID, 11 Sep. (EUROPA PRESS) -

The judge of the Constitutional Court (TC) in charge of writing the presentation on the PSOE's appeal to review the invalid votes of the general elections of July 23 in the province of Madrid - which could be key to the investiture of Pedro Sánchez -- proposes rejecting the socialist request, according to sources from the guarantee court consulted by Europa Press.

Laura Díez aligns herself in this way with the criteria of the TC's chief prosecutor, Pedro Crespo, who this Monday, in a 21-page letter, has asked to dismiss the PSOE's appeal considering that there is no right to request a recount of null votes "based on mere will." However, sources point out that, even advising the same thing, the argument of the presentation is different.

In the same line as Crespo, conservative magistrate Enrique Arnaldo had also expressed himself in a private opinion where he defends that the Organic Law of the General Electoral Regime (LOREG) does not recognize "a supposed general and unconditional right to review unprotested null votes." in the act of general scrutiny".

In this sense, other voices from the court of guarantees consulted by this news agency understand that the LOREG does not allow recounts to be carried out without there being indications of irregularities.

Furthermore, they warn that, if the TC finally agrees to the PSOE's request, a dangerous precedent will be set, since it will open the door for any party to request a recount when it is dissatisfied with the electoral result.

It is worth remembering that, in his presentation regarding whether or not to admit the electoral protection to be processed, Díez opted to proceed with it, a decision that had the support of the other three progressive magistrates that make up the Second Chamber and with the rejection of the two conservatives.

The sources downplay the importance of this turn, emphasizing that one thing is the mere admission for processing and another is the substance of the matter, on which the Second Chamber will resolve in an emergency meeting scheduled for 9:00 a.m. this Tuesday.

As it is, everything indicates that tomorrow's decision will be tighter than expected, since the traditional progressive-conservative blocks (which in this room play 4 to 2) will break.

The invalid ballots allowed the PP leader Carlos García Adanero to be proclaimed as an elected deputy, thus "cutting off" the possibility of the socialist Javier Rodríguez Palacios taking the seat, according to the PSOE.

If it gets one more seat, the PSOE would have an easier time with a hypothetical investiture of Pedro Sánchez because it would no longer need the vote in favor of Junts, but an abstention from Carles Puigdemont's party would be enough.

The Socialist Party went to the Constitutional after the Supreme Court (TS) considered that "the mere numerical difference in the results that are adduced in this case (1,200 votes) is not a sufficient basis for the review."