Alessandra Todde committed "significant" irregularities in reporting her campaign expenses for the 2024 regional elections. But she did submit some of them. And the Court—which upheld the effectiveness of the injunction issued by the regional electoral guarantee board—erred in ruling that the errors were so serious as to constitute a "failure to file," which, according to the law, would have resulted in the disqualification and termination of the legislature.
This is the gist of the ruling by the Cagliari Court of Appeal, civil division—presided by Emanuela Cugusi—which ruled on the appeal filed by the governor against the first-instance verdict that upheld the validity of the earthquake decree issued in December.
The 91-page ruling rules out lawyer Riccardo Fercia's right to defend the case on behalf of the guarantee panel, establishes that the law governing regional councilors' financial statements also applies to presidential candidates, confirms Todde's €40,000 fine, and mitigates the worst of the dangers.
Crucial to the stability of the legislature was the Constitutional Court's ruling, issued while the case was pending. The Court cited the text of the injunction order, which stated : "Todde was not accused of failing to file the expenditure declaration and financial statement." Only failure to file (exceeding the legal spending limits) is grounds for disqualification. Other violations carry a penalty. This applies even if a proxy was not appointed and a dedicated bank account was not opened to receive all campaign funds. The Five Star Movement candidate failed to do so. For this reason, she will have to pay a €40,000 fine.
The Court of First Instance, however, had "reclassified" the irregularities committed by Todde. In short: by first declaring that he had incurred expenses, then later denying them, and after providing documents of expenses incurred by the Five Star Movement committee, he had, according to the first-instance judges, made such a mess that, in the end, his financial statements were deemed legally non-existent. The consequence? Forfeiture.
