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巴西最高法院法官下令延长投票两小时引发选举争议

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Court-ordered voting extension sparks election controversy

巴西总统决选当天,最高法院法官扎宁应劳工党请求下令将投票时间延长两小时,高等选举法院院长称未影响结果,落败候选人弗拉维奥·博索纳罗则谴责该决定并寻求废除选举。

巴西总统决选于周日(10月25日)举行,最高法院(STF)法官克里斯蒂亚诺·扎宁于下午5时03分下令将投票时间从原定的下午5时延长至晚上7时,理由是多个州选民交通受阻。这是巴西自引入电子投票机以来首次因法院命令延长投票时间。高等选举法院(TSE)院长卡西奥·努内斯·马克斯事后表示,延长两小时未改变选举结果。

扎宁是在高等选举法院院长努内斯·马克斯未就投票时间是否延长作出裁决后介入的。劳工党竞选团队于下午3时46分提交申请,扎宁直到4时33分才被指定为报告人。努内斯·马克斯向记者表示,最高法院的决定未影响选举结果,并称“我们对整个选举过程抱有绝对信心”。

据努内斯·马克斯解释,扎宁的命令在下午5时左右、投票即将结束时发布,虽得到执行,但当时数千台电子投票机已经关闭,其程序设定使其无法重启。因此,各投票机计票报告的传输被暂时封锁,以确保结果得到平等对待,传输在晚上7时后恢复。他强调:“我再说一遍:法院决定(延长投票时间)没有带来任何改变。”

落败候选人、参议员弗拉维奥·博索纳罗的竞选团队当天也曾向高等选举法院请求因强降雨将多个州市镇的投票站开放至晚上7时。但结果公布后,弗拉维奥谴责最高法院的决定,并表示将寻求废除选举。其竞选协调员、参议员罗热里奥·马里尼奥在社交媒体上批评“某些最高法院法官的干预程度令人震惊”。

据《Valor》采访的多位最高法院法官称,该裁决来得太晚并造成混乱,因为最高法院院长埃德森·法钦指定案件报告人耗时过长;法官们还称,劳工党当天下午早些时候已就巴伊亚州多个市镇公交服务减少向努内斯·马克斯发出提醒,但他回应迟缓,直到下午4时左右才要求巴伊亚州地区选举法院和州选举检察院提供公交运营信息。部分接受采访的法官认为,努内斯·马克斯故意避免作出决定,使决选前后的混乱由他负责。努内斯·马克斯则称,他未裁决是因为只有“几个小时”来得出足够知情的结论。

在巴伊亚州,地区选举法院在调查发现萨尔瓦多市公交车队选举日减少约42%后,下令逮捕该市交通局长巴勃罗·索萨,并下令全部车队恢复运营。索萨当时在巴黎公务,因此未被逮捕;萨尔瓦多市政府表示他将于周一(10月26日)返回巴西作出解释,并将公交运营延误归因于上午一场竞选活动,据称有人将印有卢拉选票号码13的贴纸贴在公交车上。卢拉整个下午抱怨公共交通缺乏,指责“无良企业主”和“不诚实的市长”试图阻止人们投票,并称应追究相关市长责任。

在圣保罗,劳工党竞选团队也向地区选举法院投诉市政府,称尽管法院命令要求全面服务,但仅60%的正常工作日公交车队在运营。圣保罗市长里卡多·努内斯否认指控,称 circulating 的公交车数量“远大于”需求。联邦警察表示已就塞尔吉佩州未提供免费公共交通展开调查,并正在审查圣保罗、阿拉戈斯、皮奥伊和巴伊亚四州的另外四起案件。

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Court-ordered voting extension sparks election controversy

Kassio Nunes Marques Lula Marques/Agência Brasil Brazil’s presidential runoff on Sunday (Oct. 25) marked an unprecedented moment in the country’s electoral history: for the first time since electronic voting machines were introduced, a court order extended voting hours beyond the scheduled closing time. The decision came from Supreme Federal Court (STF) Justice Cristiano Zanin, who granted a request from President Luiz Inácio Lula da Silva’s Workers’ Party (PT) campaign, citing disruptions to voter transportation in several states. Zanin intervened after Superior Electoral Court (TSE) President Kassio Nunes Marques failed to rule on whether polling hours should be extended. In a subsequent statement to reporters, Nunes Marques stressed that the Supreme Court’s decision had not affected the election outcome. Lula’s campaign was not alone in seeking an extension on Sunday (25). His defeated rival, Senator Flávio Bolsonaro (Liberal Party, PL), also petitioned the TSE to keep polling stations open until 7 p.m. in municipalities across several states because of heavy rainfall in parts of the country. Lula wins historic comeback, bucking global rightward shift Brazil’s next government faces crowded energy agenda After the results were announced, however, Flávio denounced the Supreme Court’s decision as “bullshit” and said he would seek to annul the election. Speaking after the vote count was completed, Nunes Marques insisted that extending polling hours by two hours, from 5 p.m. to 7 p.m., had not changed the result. “We have absolute confidence in the entire electoral process,” he said. Zanin ordered the extension at 5:03 p.m., after polls were scheduled to close. The TSE president explained that Zanin’s order, issued around 5 p.m. as voting was due to end, had been successfully implemented. By that point, however, thousands of electronic voting machines had already been shut down, and their programming prevented them from being restarted. As a result, Nunes Marques said, the transmission of vote tally reports from individual machines had to be temporarily blocked to ensure equal treatment of the results. Transmission resumed after 7 p.m. “We had to block the transmission of voting machine tally reports, but even under all these circumstances, we took every necessary measure and were entirely successful. I repeat: there was no change resulting from the court decision [to extend voting hours],” he said. Delays and criticism Supreme Court justices interviewed by Valor said the ruling came late and caused confusion because STF Chief Edson Fachin took too long to assign the case. Lula’s campaign filed its petition at 3:46 p.m., but Zanin was not appointed rapporteur until 4:33 p.m. The justices also said Nunes Marques had been alerted by Lula’s campaign early in the afternoon to reductions in bus services in several municipalities in Bahia but was slow to respond. It was not until around 4 p.m. that he requested information on bus operations from Bahia’s regional electoral court and the state branch of the Electoral Public Prosecutor’s Office (MPE). Some Supreme Court justices who spoke to Valor believe Nunes Marques deliberately avoided making a decision, leaving him responsible for the turmoil surrounding the runoff. In his remarks to reporters, the TSE president said he had refrained from ruling because he had only “a few hours” to reach a sufficiently informed conclusion. “It would not have been possible, in just a few hours, to establish with certainty that no side effects, particularly technological ones, arising from a court decision could significantly affect the vote count,” Nunes Marques said. Shortly after Zanin issued his ruling, Senator Rogério Marinho (PL), Flávio’s campaign coordinator, criticized the extension. “The degree of interference by some STF justices is astonishing. I sincerely hope common sense prevails and that no judicial coup or administrative trickery succeeds, for the sake of democracy,” Marinho wrote on social media. Bus shortages in Bahia In Bahia, the regional electoral court went so far as to order the arrest of Salvador’s municipal mobility secretary, Pablo Souza, after investigations found that the city’s bus fleet had been reduced by approximately 42% on election day. Electoral authorities also ordered the full fleet back into service. Souza was in Paris on an official assignment and therefore was not arrested. In a statement, Salvador City Hall said he would return to Brazil on Monday (Oct. 26) and provide an explanation. The municipal government attributed the delays in bus operations to a morning campaign activity in which stickers bearing Lula’s ballot number, 13, were allegedly placed on buses. Throughout the afternoon, Lula complained about the lack of public transportation, accusing “unscrupulous business owners” and “dishonest mayors” of trying to prevent people from voting, not only in Bahia but also in São Paulo and other states. The president said mayors in municipalities where voters had reportedly been prevented from reaching polling stations should be held accountable. He compared the situation to roadblocks carried out by the Federal Highway Police during the 2022 runoff, which hindered voters’ journeys to polling stations, particularly in northeastern Brazil. “It is inexplicable that, in the 21st century, you have mayors trying to obstruct and prevent people from exercising their democratic right to vote freely.” Luiz Inácio Lula da Silva Complaints in other states In São Paulo, Lula’s campaign also filed a complaint with the regional electoral court against the city government, alleging that only 60% of the bus fleet normally scheduled for weekdays was operating, despite a court order requiring full service. São Paulo's Mayor Ricardo Nunes (Brazilian Democratic Movement, MDB) disputed the accusation, saying the number of buses in circulation was “far greater” than demand. The Federal Police said it had opened an investigation into the failure to provide free public transportation in Sergipe and was examining four other cases in São Paulo, Alagoas, Piauí and Bahia. The agency said those involved in the complaints would be interviewed later that Sunday. “We have already opened an investigation to determine the circumstances under which this happened, particularly whether there were attempts to prevent or obstruct people from exercising their right to vote, as well as to conceal information about the provision of transportation,” Dennis Cali, the Federal Police’s director of Investigation and Combating Organized Crime and Corruption, told reporters at the National Integrated Command and Control Center (CICCN) in Brasília.

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