In the context of the appeal regarding the counting of votes from the first round of the presidential elections, the Constitutional Court decided to recount them. Former judge Cristi Danileț explained what happens if significant errors are discovered in the vote counting process.
Recounting of votes. Photo: Inquam
According to Cristi Danileț, if significant differences are found between the number of votes initially reported and the actual number, and these differences change the order of the candidates, the results will be annulled.
“Georgescu and Lasconi came out on the first two places in the first round of the presidential elections. Following an appeal, CCR decided to recount the presidential votes in the first round. Let’s suppose that there are so many plus or minus votes for some candidates that their order is changed and, in the end, it should be another or even two more. In this situation, Law no. 370/2004 says that the results are CANCELLED and the FIRST ROUND IS RESUMED, by no means that the second round continues with the new candidate!” Danileț explained on his Facebook page.
According to the law, if the counting of votes is erroneous and this affects the order of candidates, the authorities are obliged to annul the results and restart the first round of elections. This is a legal process provided by Law no. 370/2004 on the election of the President of Romania, which ensures the fairness and transparency of the electoral process.
Thus, if significant errors are found in the results of the first round, the whole process will be restarted and the order of the candidates will be rethought according to the actual votes. This would mean that other candidates could make it to the second round, altering the course of the election considerably.
Cristi Danileț draws attention to the importance of strict compliance with legal procedures in order to guarantee the validity of the elections and to prevent any legal dispute that could lead to a destabilization of the electoral process.
For his part, Augustin Zegrean, former president of the CCR, explained that if after the recount it is found that it was just an error, Sunday’s elections will not be repeated. They can only be canceled if fraud is detected. Miscounting can be considered a material error, and if the order of candidates changes, a second round will be organized with those who, after the recount, rank in the first two positions.
“If it’s just a counting error, the elections will not be canceled, they will continue with a new list, the order of the list will be changed. If someone else has to be 2nd, it’s going to be 2nd if someone says that’s the correct count. I have told them since June not to play with the elections, that they will not be able to control them. The entire order may be changed, depending on the extent of the error. If only Orban’s votes are to blame, I don’t think the elections will be annulled, because they were few”Zegrean pointed out.
