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STF Orders Roraima Court to Apply 3/4/6‑Month Resignation Rules and Allows Immediate Candidate Replacements

The provisional ruling restores statutory desincompatibilização periods to protect ballot fairness and awaits First Turma review before the June 21 supplementary vote.

Overview

  • This week Minister Flávio Dino issued a liminar requiring the Roraima electoral court to abandon its 24‑hour resignation rule and choose one of the 3, 4 or 6 month resignation periods set in Lei Complementar nº 64/90.
  • Dino added that parties may immediately substitute registered or in‑process candidates so ballots can be updated while the new eligibility rule is applied.
  • The order directly affects current candidate lists by likely disqualifying those who left public office under the TRE‑RR 24‑hour rule and by advantaging interim governor Soldado Sampaio unless parties name replacements.
  • TRE‑RR said it will comply and kept the supplementary election date set for June 21, while the PL and other actors have filed emergency appeals and the case is set for a First Turma virtual session in mid‑June.
  • The decision raises a legal split with prior STF reasoning that permitted flexibility in exceptional elections and could reshape how courts balance strict eligibility deadlines with the practical limits of late, court‑ordered races.