Court responded that supervisory entities, such as the Armed Forces, do not have the role of “external control” of the court.
The TSE (Superior Electoral Court) rejected this Monday (8.8.2022) a request from the Armed Forces to send data from the last two general elections, 2014 and 2018.
In a document sent to the Minister of Defense, Paulo Sérgio Nogueira, the technical area of the court says that the entities inspecting the election, such as the Armed Forces, “they do not have powers of analysis and inspection of past elections, not fulfilling the role of external control of the TSE”.
The Court sent 2 documents to the Minister of Defense. A letter signed by the president of the TSE, Minister Edson Fachin (full – 73 KB) and an annex with responses from the technical area of the court (full – 295 KB).
Court technicians also reported that the rules on past claims determined that such requests be made by January 13, 2015 (for the 2014 elections) and January 17, 2019 (for the 2018 elections).
In another request, the Armed Forces requested the database of ballot papers for the 2014 and 2018 elections. In response, the technical area of the court provided a link to the TSE’s Open Data Portal, where the information is available.
Fachin cites in the official letter rules on the performance of election inspection entities. The Armed Forces are part of the group.
“Written communication does not lend itself to detailing for inspection entities elements on the specification and development of systems that must be checked exclusively in loco in the environment of the Superior Electoral Court”said Fachin.
Nogueira had sent to the TSE, on August 1st, a letter classified as “very urgent” to access the source codes of the electronic voting machine. It also reiterated requests from July 2022 to send further information to the Armed Forces technical group. The data from the last two elections are in this list of requests. The general said at the time that the lack of response could harm the team’s work.
The source codes of the ballot box were opened by the TSE in October 2021 and are available for inspection by the election monitoring entities.
“It should also be noted that all information requested by the supervisory bodies and members of the Elections Transparency Commission is always answered, through a circular letter, to the other entities, as the inspection process is of a public and collective nature, and must be shared the moments of the meeting and the technical information presented by the Superior Electoral Court”, said Fachin.
“The primacy of transparency and compliance with iter [caminho] inspections recommend that reserved institutional spaces or meetings that are outside the action plan approved by the Elections Transparency Commission, in the first semester of 2022“continued.
This Monday (Aug 8), the TSE also decided to exclude Army Colonel Ricardo Sant’Anna from the 2022 election monitoring group, for disclosing “false information in order to discredit the Brazilian electoral system”.
The Armed Forces began to inspect the source code of the electronic voting machine last Tuesday (2.Aug).