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TSE President Orders Garotinho Votes Counted While Plenary Decides

The decision keeps the Rio governor race headed for a scheduled second round but leaves the outcome open because a final TSE ruling could remove about 274,000 votes and change who wins.

Overview

  • The Rio Regional Electoral Court unanimously denied Anthony Garotinho’s registration for having suspended political rights, and his campaign appealed to the Superior Electoral Court.
  • On Friday the TSE relator, Minister Floriano de Azevedo Marques, revoked a prior injunction and ordered Garotinho’s votes recorded as “anulados sub judice,” meaning they are reserved pending a plenary judgment.
  • On Sunday TSE President Kassio Nunes Marques refused immediate suspension of Floriano’s order and directed that Garotinho’s votes be included in the calculation of percentages until the full court rules.
  • With votes tallied as reported, Douglas Ruas has 49.27% and Eduardo Paes 42.76%, while Garotinho has about 3.17% (≈274,000 votes); if those votes are later excluded Ruas would exceed 50% and could be declared winner in the first round.
  • The case hinges on TSE procedure and precedent — lawyers cited the Deltan decision to argue against last‑minute monocratic changes, and the plenary’s forthcoming timetable and ruling will determine whether a second round actually takes place.