Election Vote Counting and Proclamation Process
Election Vote Counting and Proclamation
Counting the Votes
After the voting period concludes, the vote counting process begins immediately. A secure and uniform procedure is essential to identify and separate ballots that may be invalid based on pre-established criteria.
According to the LOREG (Ley Orgánica del Régimen Electoral General), voting ends at 8 PM, and the scrutiny or counting of votes commences immediately at the polling stations.
Vote Counting by the Bureau
The vote counting process is a continuous, uninterrupted, and public act. The President of the bureau removes ballot envelopes one by one, reading aloud the name of the candidate or applications. Invalid ballots are identified for members, auditors, and attorneys.
Article 96 of the LOREG defines null and blank votes:
- Null Votes: Ballots issued in non-official envelopes or paper, cast without an envelope, containing more than one nomination, or those with alterations, notes, or remarks made directly on the candidates.
- Valid Votes: Votes cast in recycled paper are considered valid.
- Blank Votes: Envelopes containing ballots without expressed preference for any candidate (except in the Senate, where marking one, two, or three candidates is valid).
After the initial count, the bureau verifies that the total votes cast match those assigned to the various candidates. Any protests are addressed, and the President announces the result aloud. The members and auditors then sign the minutes of the meeting, which include the number of voters. This information is not made public before 9 PM (peninsular time) due to the time difference with the Canary Islands.
Afterward, the ballots are destroyed, except for null ballots and those with claims. The record of the ballot and the minutes of the meeting are used for the general election process.
The information is placed into three envelopes:
- The first envelope, containing the minutes of the committee’s constitution and the meeting, is delivered to the Magistrate 1st or the competent electoral authority.
- The second envelope is delivered to the judge for filing in court.
- The third envelope is handed to a post office clerk, who delivers it the day after the election to the board responsible for the ballots.
General Scrutiny
The general scrutiny is carried out by provincial electoral boards and general elections and European parliament election boards local election area. It is a unique public event. It starts at 10 AM on the third day after the election, with at least half plus one member of the board present.
The counting process cannot be interrupted, even if suspended, for more than 12 hours from the start. It must be completed no later than the 6th day after the election.
To conduct the general election, the President extends the act establishing the Board, signed by themselves, the members, the secretary, and accredited representatives and agents of the candidates. The Board is to table to count the votes of absent residents.
At the scrutiny meeting, the Board staff opens the envelopes in their possession. If any table is missing the third envelope, it would be opened and used in its place, the minutes of meeting. The Secretary of the Board reports on the vote summaries from each bureau.
During the counting process, boards cannot overrule any act or vote.
Proclamation of Elected Officials
After the scrutiny is completed and any appeals are resolved by the appropriate board of elections, the elected officials are proclaimed. A record is extended in triplicate, documenting votes, voters, and any incidents. This record must be signed by members of the Board, the attorneys general, and representatives of candidates.
A one-day period is then opened for filing claims and objections. The Board resolves these complaints in writing. Once claims are settled or after the deadline without claims being deposited, the Boards proclaim the elected officials, specifying the votes and seats won by each candidate, blank ballots, void ballots, and any resolutions from Electoral Commissions.