In the first round of elections, held last Sunday (2), more than 3.8 million votes were cast by Brazilian voters to candidates who have not yet registered their candidacy approved by the Electoral Justice.
These candidates appeared sub judice in electoral systems, which means that, despite having their names on the ballot box, their candidacies are still pending a judicial decision.
This is the case, for example, of the candidate Daniel Silveira (PTB-RJ), which ran for a Senate seat in Rio de Janeiro and received more than 1.5 million votes, ranking third. He was denied registration by the Regional Electoral Court of Rio de Janeiro (TRE-RJ), but is still awaiting judgment of appeal.
Under electoral rules, all votes cast for candidates sub judice are in a kind of suspension, awaiting the final decision of the Electoral Court on whether or not to grant the registration of the candidacy.
the votes sub judice are considered for the calculation of the percentages in the publication of the results, but they do not enter, for example, in the count made by the Electoral Justice to calculate how many seats will fit to each party in the Chamber of Deputies and in the state assemblies, the so-called party quotient.
Only if the candidate has the registration granted in a final decision, his votes become valid, counting both for him and for the accounting of the party quotient, in the case of elections for federal and state or district deputy.
However, if the registration is definitively denied, such votes are permanently null, being removed even from the final accounting of the election, which can change the percentage of valid votes received by the elected.
According to data from the Electoral Justice, of the 26,979 candidacies that appeared in the electronic voting machines, 653 had their registration denied at first and are awaiting the judgment of appeals.
Another 63 had their registration approved, but they are still awaiting the judgment of appeals from the Electoral Public Ministry (MPE) or opponents against their candidacies.
The updated status of all candidacies can be checked at Disclose Candthe official dissemination portal created by the TSE.