But the law is clear that the CNE cannot hide part of the district count from press, observers and party delegates. In two ways the electoral laws make clear that the "physical operations" (operações materiais) should be open to press and observers.

First, in the electoral law (14/2014) the operações materiais are included as part of the apuramento distrital. (art 122). This article also says the whole apuramento is open to party delegates, observers and journalists and that the date and time must also be announced.

Second, the CNE directive makes "centralisation" of data (centralização) part of operações materiais. The law gives observers that rights to free circulation in all parts of the electoral system and to observe "operations of the electoral process at all levels, namely the collection of data, centralisation and tabulation of election results at district level."

"Centralisation" is, in effect, exactly the same as "material operations", and must be open. The CNE is playing with words to try to create a secret count, but it has failed.

There have never been any rules as to how district counts are done, and whether they use pencil and paper or computers. Historically, many district counts have been completely open, even allowing observer to watch data input. But in many districts, observers have been barred from the count, and it looks like there will be confrontations in some places this year.