Spanish Electoral Management Bodies and Census Office

Electoral Management Bodies

The electoral administration is responsible for ensuring the transparency and objectivity of the election process. It is structured around two main pillars: the Census Office and the Electoral Boards.

1. The Electoral Census Office

The Electoral Census Office is responsible for obtaining the data of all Spanish citizens eligible to vote and stand for election. It determines who is entitled to exercise their right to vote.

Key Features of the Electoral Census

• Eligibility: It must contain the entry of everyone who is eligible to vote.
• Unicity: The census should be unique for all types of elections.
• Mandatory Registration: Registration in the census is mandatory.
• Data Prevalence: In case of doubt between two conflicting data points, the most recent data recorded prevails.
• Data Protection: Census data are protected under the regulations of the data protection office.

The census is updated annually. The database includes people over 18 years of age and is revised every December 31st. This revision includes new residents in Spain and those who have reached the age of 18. It also accounts for the removal of deceased persons and those prohibited from voting through judicial judgments. Furthermore, it includes non-nationals who wish to participate in municipal elections.

Skills and Responsibilities

• Supervision: It supervises the preparation of the census and has the authority to inspect local councils and consulates.
• Data Integrity: The office must eliminate multiple entries for a single voter.
• Resolution: It resolves complaints and claims submitted by citizens.

2. Electoral Boards

Electoral Boards are established to oversee the election process. There are three types of boards, with the Central Electoral Board being the most prominent.

The Central Electoral Board (JEC)

Based in Madrid, the Central Electoral Board (JEC) serves as the primary body of the Electoral Administration.

Features of the JEC

• Apex Body: It sits at the apex of the Electoral Administration.
• Permanence: It is a permanent body.
• Judicial Nature: It is highly judicialized, with many judges and magistrates serving as members.
• Parliamentary Relation: It relates directly to Parliament.

Composition and Balloting Process

The board consists of 13 members:

• 8 Supreme Court (TS) Judges: Appointed by a ballot conducted by the General Council of the Judiciary.
• 5 Professors: These members are professors of Law or Political Science, elected by political parties.

The Balloting Process: To ensure impartiality, the names of all Supreme Court judges are placed in a box, and eight names are drawn at random. In this way, no one can complain of bias. While these judges continue their work at the Supreme Court, they must also resolve the issues brought before the JEC. The board is assisted by a secretary, who is the Secretary General of the Congress of Deputies.

Powers and Functions of the JEC

• Monitoring: The most important task is to monitor the performance of the Electoral Census Office.
• Binding Resolutions: It resolves all queries from the Administration and Provincial Electoral Boards (JEP) with binding authority.
• Legal Remedies: It resolves complaints, claims, and remedies submitted by any party or voter during the election process.
• Sanctions: It penalizes individuals involved in the electoral process who commit any irregularity.
• Credential Issuance: The most significant power of the JEC is to issue the official credentials (the card) to winning candidates, confirming their seat in Parliament based on the vote count.