Commentary on Judgment No. 24357 of 2023: Electoral Offenses and Ballot Stacking

Judgment No. 24357 of January 25, 2023, issued by the Court of Cassation, offers important insights into electoral offenses, particularly concerning the conduct of polling station presidents during ballot counting. The decision focuses on the crime of endangerment provided for by Article 96 of Presidential Decree No. 570 of 1960, establishing that stacking ballots without immediate vote attribution can constitute a criminally relevant offense.

The Case and the Judgment

The case concerns a polling station president who, during the counting operations in a municipality with fewer than 10,000 inhabitants, set aside some ballots for later evaluation, rather than assigning them an immediate vote. This conduct was deemed unlawful by the judges, who emphasized the importance of a prompt decision on vote attribution, as stipulated by Articles 54 and 63 of Presidential Decree No. 570 of 1960.

Municipal elections - Counting operations - Stacking of ballots, with reservation of vote assignment at the end of the count - Crime of endangerment under Article 96 of Presidential Decree No. 570 of 1960 - Existence - Reasons. In the context of electoral offenses, the conduct of a polling station president who, during the counting operations of elections concerning a municipality with a population not exceeding 10,000 inhabitants, sets aside one or more ballots drawn from the ballot box and reserves the right to evaluate them at the end of the count, thereby failing to make an immediate decision on the attribution of each individual vote as prescribed by Articles 54 and 63 of the aforementioned Presidential Decree, constitutes the felony referred to in Article 96 of Presidential Decree of May 16, 1960, No. 570, as such offense is characterized as a crime of endangerment aimed at averting the risk of electoral fraud.

Legal Implications

The decision of the Court of Cassation not only reiterates the need to respect electoral procedures but also highlights the concept of a crime of endangerment. This type of offense is characterized by the creation of a risky situation, rather than a damage already consummated. In this context, the polling station president's conduct of stacking ballots creates a potential risk of fraud, thus justifying the application of the criminal provision.

• Respecting voting procedures is fundamental for election transparency.
• The crime of endangerment aims to prevent conduct that could compromise the integrity of the electoral process.
• The judgment serves as a warning to all operators involved in elections, highlighting the importance of adhering to regulations.

Conclusions

In conclusion, Judgment No. 24357 of 2023 provides important guidance on the conduct to be followed during the counting of electoral ballots. It underscores the responsibility of polling station presidents in ensuring the regularity and transparency of voting operations, emphasizing that any omission can have criminal consequences. This ruling not only strengthens existing legislation but also serves to educate and raise awareness among all stakeholders in the electoral process regarding the importance of legality and correctness in elections.