Right to Stand for Election: Eligibility and Requirements
Right to Stand for Election: An Overview
The right to stand for election is a fundamental aspect of political participation, enshrined in Article 23 of the Spanish Constitution (EC). This right is intrinsically linked to the principles of political pluralism and popular sovereignty, as outlined in Article 1 of the EC.
The ability to stand for election is subject to self-conceptualization and equal treatment, with requirements stipulated by the Electoral Law. Those who have been proclaimed candidates, in accordance with Article 47 of the Organic Law on the General Electoral System (LOREG) and subsequent amendments, are considered holders of this right.
Eligibility for Candidacy
Candidacy for election is a subjective right of participation and may be subject to requirements similar to those expected for exercising the right to vote.
The EC aligns the conditions for voting and standing for congressional elections in Article 68.5, stating that all Spanish voters who have full use of their political rights are eligible.
Article 6 of LOREG outlines specific requirements for passive electoral capacity, including age, nationality, or residence, and the absence of ineligibility factors as defined by LOREG.
General Conditions of Eligibility
General conditions of eligibility include nationality, age, residence, and the absence of negative requirements.
Nationality
Article 11 of the EC states that nationality is acquired, retained, and lost in accordance with the law.
The legislature cannot deprive individuals of Spanish origin of their nationality. However, it can enter into treaties on dual citizenship.
For municipal and European Parliament elections, residence, rather than nationality, is a prerequisite.
Article 13.2 of the EC extends the right to stand for election to residents who are not nationals of European Union countries. EU citizens residing in another Member State can be elected in municipal elections.
In European Parliament elections, all persons residing in Spain without having acquired Spanish nationality, but who have EU citizenship, are eligible.
Age
The required age for eligibility is the age of majority, both civil and political, which is 18 years.
Individuals who do not have the right to vote, as per Article 3 of LOREG, and those subject to any causes of ineligibility, are not eligible.
Article 6.1 of LOREG states that adult Spanish citizens who possess the qualities of an elector may be eligible.
Inclusion in the lists of voters is required for voting, but not necessarily for eligibility. Those who aspire to be proclaimed candidates and are not on the voting rolls may demonstrate convincingly that they meet all the conditions.
Ineligibility
Ineligibility, which affects the electoral act, is an impediment to membership of the passive electorate. The causes of ineligibility defined by LOREG cannot be extended through interpretation.
Ineligibility automatically occurs as a result of imprisonment. The causes of ineligibility may be general for all types of elections or specific to a certain election.
The assessment of ineligibility can occur on the day of submission of the application or at any time after voting day.
Members of the Security Forces who wish to participate as candidates may request special services, leave, or resign before being included in an application. Failure to do so will invalidate the election.
Members of the judiciary must apply for unpaid leave if elected, and can only remain in active status for 3 years unless they obtain a position where they had not exercised legal authority.
Peace Judges and Prosecutors are also ineligible unless they resign. If ineligibility arises after the declaration of nominations, it may only be invoked as an incompatibility.