Understanding the Electoral System and Administration

Electoral System and the Electoral Process

The electoral process consists of the following stages:

1. Calling of elections.
2. Presentation and announcement of nominations:
   • a) Candidates.
   • b) Entitled to nominate candidates: Parties and federations, coalitions, and groups of voters who meet the requirements set by the special provisions of the Act.
   • c) Publication and announcement of nominations.
   • d) Appeals against the proclamation of candidates.
3. The electoral campaign:
   • a) General meaning and features: Free communication of ideas, equality of opportunity, institutional development to encourage participation in elections, political neutrality of public authorities, and the prohibition of electoral propaganda for members of the armed forces, state security bodies, Autonomous Communities (CCAA), judges, magistrates, prosecutors, and members of electoral boards.
   • b) Start and finish of the campaign: Commences on the thirty-eighth day following the notification, and closes at 00:00 pm on the day before voting.
   • c) Advertising and campaign events.
   • d) Use of media in public ownership for the election campaign.
   • e) Election polls: Regulated by Article 69 et seq. of the LOREG.
4. Voting: By personal appearance of the elector or by correspondence.
5. Scrutiny of the tables: The act by which the tables, once the voting is over, proceed to the counting of votes.
6. General Canvass and Proclamation of candidates: Regulated by Article 103, taking place on the 3rd day following the voting by the competent electoral board.

Electoral Administration and Bodies

The electoral administration is the set of public institutions and organizations whose function is to ensure the exercise of the right of suffrage (active and passive) and to organize the electoral process. Its bodies include:

1. The Electoral Registration Office

• Characteristics: They contain and meet the registration of those who fulfill the requirements to be an elector. It is unique for all kinds of elections, and registration in the census is compulsory. There is a prevalence of the last entry over the foregoing, and personal data protection of voters is guaranteed.
• Training, servicing, and rectification of the census: Conducted on January 1st of each year.
• Responsibilities: Coordinates and oversees the census, monitors and reviews the ups and downs (registrations and cancellations) of the office, eliminates multiple registrations, prepares the interim and final electoral lists, and resolves claims and actions against organs.

2. The Election Boards

The Central Electoral Board

• Headquarters and characteristics: It has its headquarters in Madrid and features the following characteristics: it is at the apex of the hierarchy of the electoral administration, has a permanent nature, and is strongly judicialized; it relates directly to the courts.
• Composition: Eight judges of the Supreme Court (TS) as members, designated by the General Council of the Judiciary (CGPJ), and 5 vocal professors of law, political science, or sociology, appointed by a joint proposal of the political parties.
• Responsibilities: Directing and overseeing the operations of the Office of the Electoral Roll, and overturning decisions of provincial electoral boards when appropriate.