TSE Voids Garotinho Votes Before Rio Governor Vote

Brazil Elections 2026: Rio de Janeiro

Brazil’s electoral court has ruled that votes for Anthony Garotinho in the Rio de Janeiro governor race on Sunday, 4 October, will be recorded as null for now. His name stays on the voting machine, so the ruling matters for the first-round arithmetic.

What the Electoral Court Decided on 2 October

On Friday, 2 October 2026, TSE Minister Floriano de Azevedo Marques revoked the injunction (a temporary court order) that had let Garotinho keep the rights of a candidate while his registration was disputed. His name remains on the electronic voting machine for Sunday’s first round. Votes cast for him will be recorded as “annulled sub judice”, which means null for now, pending a final ruling.

The regional electoral court of Rio de Janeiro (TRE-RJ) rejected the registration after the system that prepares the voting machines had closed. That timing is why a candidate with a rejected registration still appears on screen.

The injunction had given Garotinho access to the party fund and the campaign fund, and a share of free television and radio airtime. The minister’s decision ends that access, including the free airtime, two days before the vote.

The minister said the electoral courts should avoid uncertainty for voters and instability in the election.

Why the Candidacy Was Rejected

The TRE-RJ rejected Garotinho’s registration unanimously on 11 September. On Tuesday, 29 September, it upheld that rejection after reviewing the defence’s appeals.

The ground is a conviction for wilful administrative misconduct (improbidade administrativa, a civil offence for abuse of public office). It was handed down in 2018 and, according to electoral prosecutors, became final in July 2025. It suspended his political rights for eight years, and the TRE-RJ also applied Brazil’s Clean Slate Law, which bars such convicts from running. Garotinho’s defence argues the clock started in 2018, not 2025.

He is running for Republicanos, and his appeal at the TSE is still pending. The case is not closed.

Praça Mauá in central Rio de Janeiro, where the state’s voters choose a governor on Sunday. (Archive photo)

What the Rio Polls Show

The most recent Datafolha poll was released on 1 October. It interviewed 1,204 people between 28 September and 1 October, with a margin of error of three percentage points.

Among valid votes, it gave Paes 47%, Ruas 35%, Garotinho 8% and William Siri (PSOL) 3%. Valid votes exclude blank and null ballots. In a scenario without Garotinho, Datafolha put Paes at 48% and Ruas at 38%.

Brazilian law gives a governor’s race a first-round winner only if one candidate takes more than half of valid votes. If Garotinho’s votes are null, they leave the valid-vote base. Our own arithmetic on the Datafolha figures (47% divided by 92%) puts Paes near 51%. That is a projection from a poll, not a Datafolha result, and it sits inside the margin of error.

Datafolha’s own simulation without Garotinho, which redistributes his voters differently, shows Paes at 48%, below that line. So a first-round win for Paes is possible, not predicted.

What Could Still Change

The TSE has yet to judge Garotinho’s appeal against the rejection. According to reports of the ruling, votes annulled sub judice can be validated if the decision that blocked the candidacy is reversed. If the rejection becomes final, they stay null.

That leaves a narrow route in which a late reversal alters the count. No date has been given for a ruling.

The first round runs on Sunday, 4 October. Polls in Brasília time close at 5 p.m., which is 8 p.m. UTC. A runoff, if needed, is set for 25 October. For the wider national picture, see our explainer on how the 25 October runoff works and the election rules for voters.

What It Means for Residents and Investors in Rio

The vote decides who runs Rio’s state government, which sets policing and budget priorities for everyone who lives there. A quick first-round result would give Rio a governor-elect three weeks earlier than a runoff would.

The spectrum matters here. The ruling reduces uncertainty about who counts as a candidate, while the open appeal keeps a small legal doubt alive. Readers watching the state may prefer to wait for the official tally from the electoral authorities on Sunday evening rather than rely on poll arithmetic. More coverage is in our Datafolha Senate roundup and the Brazil section.

What Is Not Known

No source gives the number of Rio voters who will still choose Garotinho despite the ruling. It is also unclear when the TSE will judge his appeal. The final first-round result will come only from the electoral authorities.

Will votes for Garotinho count in Rio on 4 October?

No. Minister Floriano de Azevedo Marques ruled on 2 October that votes for Garotinho are “annulled sub judice”, meaning null for now. They could be validated only if his appeal succeeds and the rejection of his candidacy is reversed.

Why is Garotinho still on the ballot?

The regional electoral court rejected his registration after the system that prepares the voting machines had closed. His name therefore remains on the machine, although votes for him are treated as null.

Why was his candidacy rejected?

The TRE-RJ ruled him ineligible because of a conviction for wilful administrative misconduct that suspended his political rights for eight years. It rejected his registration unanimously on 11 September and upheld that on 29 September.

Could Eduardo Paes win Rio’s governor race in the first round?

It is possible. Datafolha’s 1 October poll gave Paes 47% of valid votes with Garotinho included, and 48% in a scenario without him. A projection that removes Garotinho’s 8% points to about 51%, but that is arithmetic on a poll with a three-point margin of error.

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