The Supreme Court rejects the PSOE's request to review the null votes of 23J in Madrid

It acts against the criteria of the Prosecutor's Office, which was in favor of attending to the request of the socialists

MADRID, 25 Ago. (EUROPA PRESS) -

The Supreme Court has dismissed the request of the PSOE to review all the null votes of the general elections of last July 23 in the province of Madrid, considering that "the mere numerical difference in the results that are adduced in this case (1,200 votes) is not a sufficient basis for review."

In a sentence handed down this Friday, to which Europa Press has had access, the magistrates have carried out a meticulous examination of the jurisprudence and doctrine of the Constitutional Court (TC) and have concluded that the PSOE petition does not meet the requirements of the court. of guarantees.

The PSOE went to the Supreme Court with the intention of reversing the decision of the Central Electoral Board (JEC) because, in its opinion, the proclamation as elected deputy of the PP leader Carlos García Adanero had "cut off" the possibility of proclaiming the socialist Javier Rodríguez Palacios, number 11 on the Madrid charts. It should be remembered that, if they got one more seat, the PSOE would have an easier time with a hypothetical investiture of Pedro Sánchez because they would no longer need a vote in favor of Junts, but one abstention would suffice.

In its appeal, the formation insisted that the Board had misinterpreted electoral law by restricting its right to review invalid votes. "Here there is only one clear way to find out what the more than 30,000 invalid votes in the Madrid constituency bring: review them," defended the party, while considering it necessary to determine whether it has obtained 121 or 122 seats in the Congress of the Deputies.

The Supreme Court's decision comes after this week the Prosecutor's Office was in favor of the PSOE's request to review "all invalid votes" because they were "likely to affect the electoral result." The Public Ministry assured that it saw the request of the Socialists as "acceptable" since it considered that what was imposed was "to affirm the primacy of the search for material truth."

Prosecutor Ricardo González Cerrón considered it pertinent to declare the nullity of the agreement of the Central Electoral Board (JEC) and the Provincial Electoral Board of Madrid "regarding the seat awarded as number 16 of the PP and in the person of Carlos García Adanero". According to him, he stressed, there is no precept in the Organic Law of General Electoral Regime (LOREG) that expressly prohibits requesting the review of votes affected by nullity.

The prosecutor considered it "reasonable" to review the null votes in Madrid given "the narrow margin of votes with which the allocation of the last seat in the electoral district has taken place."