Zema votes with cell phone in booth in Araxá, TRE-MG opens investigation

The presidential candidate Romeu Zema (Novo) voted using a cell phone in the voting booth on Sunday morning (4), at Delfim Moreira State School, in Araxá (MG). The action prompted the Minas Gerais Electoral Justice to open an investigation to ascertain non-compliance with rules prohibiting the use of electronic equipment in front of the ballot box.

Recording of Voting with Device in Araxá

Romeu Zema arrived at the polling station in downtown Araxá around 9 AM, accompanied by supporters. Video footage showed the candidate consulting his cell phone while voting on the electronic ballot box, and also showed another phone resting on the booth's table. The Electoral Justice poll workers on site did not prevent the action during the voting procedure.

TRE-MG Investigation and Public Prosecutor's Office Analysis

The president of the Regional Electoral Court of Minas Gerais (TRE-MG), Carlos Henrique Perpétuo Braga, stated that the incident will be investigated by the competent electoral judge so that appropriate measures can be taken. The judge emphasized that using a cell phone at the time of voting constitutes an electoral crime and may lead to criminal sanctions if a formal complaint is filed.

In a statement, TRE-MG stressed that poll workers received prior instructions regarding the prohibition of devices that threaten the secrecy of the vote. The conduct may characterize a violation of voting secrecy according to article 312 of the Electoral Code, with a foreseen punishment of up to two years of detention. Concurrently, the Electoral Public Prosecutor's Office of Minas Gerais is considering filing a formal complaint against the candidate.

Legislative Rules on Cell Phones in Elections

The sole paragraph of article 91-A of the Election Law (Law 9.504 of 1997) expressly prohibits carrying cell phones, camcorders, cameras, smart glasses, and radio communication devices inside the electoral booth. The device is only permitted at the initial moment of identification to display the e-Título or an official digital document, after which it must be turned off and deposited with the receiving table.

The Electoral Justice authorizes voters to carry notes exclusively on paper for consultation during voting. According to the Superior Electoral Court (TSE) rules, voters who refuse to hand over prohibited devices are prevented from voting, with the incident recorded in the minutes and the possibility of police intervention.

Candidate's Statements and Justification

Speaking to the press, Zema justified the incident by stating that he carried the phone out of habit and had not received contrary instructions at the polling station: “I carry my cell phone all day, right? It's almost like a finger. Nobody reminded me there, and I went to vote normally, but that didn't affect my vote or my way of voting at all.”

The candidate also stated that his list of votes was on paper, that he did not take photos, and that he would have handed over the device if he had been warned. He said he maintains confidence in his administrative career and criticized the Judiciary due to judicial changes related to a canceled debate.

With information from G1, Agência Brasil, VEJA.