Practice is common during election period, but prohibited by law
One of the frequent practices during the period is the so-called “polling station“. according to Electoral Glossary created by the TSE, the term designates the act of going to the polling station on polling day to ask for votes.
Bianca Gonçalves e Silva, a lawyer specializing in Electoral Law, details that it is any meeting and regimentation of voters, activists or electoral officers whose objective is to convince people to change their vote.
“That agglomeration of people near polling places. Handing out campaign material, this is also not allowed”, explains Bianca. The use of loudspeakers and sound amplifiers is also not allowed.
The legislation, however, allows the silent manifestation of the voter. It is allowed to use the candidate’s prints, buttonsblouses, etc.
Mateus Torres Penedo Naves, attorney at Duarte Garcia, Serra Netto e Terra, explains:
“On October 2nd, or on the date of the 2nd shift [se houver], ‘voter grooming’ is prohibited. In other words, it is an electoral crime to promote or ask citizens to vote during the current vote, ‘at the mouth of the ballot box’, from which the expression“, it says.
Alexandre Rollo, specialist in Electoral and Administrative Law, highlights that the crime does not need to be practiced in the vicinity of the electoral college. Qualifies at any distance from the ballot box as long as there is an attempt to entice the vote. A common example of the practice is the delivery of “saints” to the voter on polling day.
The rule is provided for in paragraph 5 of article 39 of the Law No. 9,504/1997 (Law of Elections). As a punishment, there can be detention from 6 months to a year. An alternative is the provision of services to the community for the same period, and a fine of R$5,000 to R$15,000 UFIRs (Reference Tax Unit).
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