Todde declared lapsed: the protests, the law and the scenarios
Election expenses protests, measure against the president of the Region immediately effective: she announces the appeal. Here's what could happen
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The declaration of forfeiture of the president of the Region, Alessandra Todde, is a bolt from the blue for many but not for all. For weeks, if not months, the process for the adoption of the measure had been underway in the rooms of the regional electoral guarantee college, in the courthouse of Cagliari, which has examined the report of the electoral expenses of all the candidates (and not everyone in via Roma is calm, the measures may not be finished).
The protests
Ten pages of objection against Todde, seven points (on one of which the governor has already clarified all the alleged anomalies). In short: she did not appoint an electoral agent, a person who must guarantee the truthfulness of what was declared regarding campaign expenses. She also did not have a dedicated account through which all the funds used must pass, to guarantee the traceability of the money flows. Then there is confusion about donations and about the distinction between the money attributable to Todde and that of the Movement. We are not talking about very significant sums, but they must always be traced and justified. Then there are alleged anomalies in the charges for some expenses: so much so that the documents (due act) have been sent to the Public Prosecutor's Office, which could take further steps.
The consequences
But what happens now? Todde has already said: «This is an administrative act, I will challenge it in the appropriate places and continue to work for the good of Sardinia».
In reality, the term "administrative" may not be pertinent: to assert her rights, the governor should turn to the ordinary court and not to the TAR (Administrative Court, precisely).
To understand which laws are considered to have been violated, it is necessary to cross-reference two laws: a national one, 515 of 1993, and a regional one, 1 of 1994, which regulate electoral campaigns. The second one recalls the first one in several points. Which is also cited in a notice from the Court of Appeal of Cagliari, last June: it was addressed to the candidates (elected and not) and recalled that «the term of three months from the proclamation of the elected within which the declarations and reports relating to the expenses (even if equal to zero) for the electoral campaign of the candidates (even if not elected) must be transmitted as provided for by art. 14 of Law 10 December 1993 n. 515, expires on 20 June 2024». It asked to list in detail all the expenses incurred during the race for the Regional Council, accompanied by supporting documentation.
The penalty for failure or incorrect transmission? "It is recalled that failure to file the aforementioned declaration with the Regional Electoral Guarantee Board ", the document states, "results in the imposition of an administrative pecuniary sanction ranging from €25,822.84 to €103,291.38 and that, the ascertained violation of the rules governing the electoral campaign, declared definitively by the Electoral Guarantee Board, constitutes in the cases of law cause for ineligibility of the candidate and entails the forfeiture of office of the elected candidate".
The communication
In Todde's case, with the forfeiture now declared (the most extreme scenario involves the dissolution of the Regional Council and elections), we return to the national law. In paragraph 10 of article 15. Which states: "For the purpose of the declaration of forfeiture, the Regional Electoral Guarantee Board communicates the definitive ascertainment of the violations referred to in paragraphs 7, 8 and 9 to the President of the Chamber to which the parliamentarian belongs, who pronounces the forfeiture in accordance with its own regulations". Here we are talking about the Chamber, but the regional law makes the passage. The chamber on Via Roma, therefore, has no decision-making power: it could only ratify the order of the Regional Electoral Guarantee Board.
Now everything is in the hands of judges and lawyers (to whom Todde has already turned): the announced appeal, if the conditions are met, could lead to the suspension of the effectiveness of the forfeiture order (immediately enforceable). We should therefore wait for a possible decision on the merits. In short, we are taking our time. But Sardinian politics is in turmoil: "What do we do now?", they ask in the palace.
The college
The regional electoral guarantee college is composed of:
- by the President of the Court of Appeal, Dr. Gemma Cucca, who presides over it;
from 6 effective components:
- Dr. Dario De Luca, Councilor of the Court of Appeal of Cagliari;
- Dr. Maria Luisa Scarpa, Councillor of the Court of Appeal of Cagliari;
- Dr. Francesco Alterio, Councilor of the Court of Appeal of Cagliari;
- Prof. Riccardo Fercia, university professor;
- Dr. Roberta Asuni, chartered accountant;
- Dr. Tullio Conti, chartered accountant.
