The Electoral Body and Census in Spain
The Concept of Electoral Body
The right to vote is exercised in the personal section in which the voter is registered. While the right to vote belongs to every citizen, the exercise of suffrage is collective. The choice is made by the electoral body composed of persons who satisfy the requirements of the order.
The electoral body is the entity exercising national sovereignty involved in the appointment of the representative body. The formula for the allocation of seats is determined through the legal configuration of the electoral body. Its composition varies depending on the type of election: local, regional, general, or European. The electoral body is unique, collective, non-permanent, and composed of a variable number of people.
Functions:
- Role of Government: When intervening in the election of representative bodies.
- Participation Advisory Role: When approved by referendum, the constitutional reform of a Statute of Autonomy.
The Electoral Roll
To be part of the electorate, individuals must be registered on the electoral roll of the municipality in which they reside. Only voters who are entered as a registration requirement have the status of citizens.
The Census is a document containing the list of individuals who are part of the electoral body. The census and electoral bodies are aware of their composition, and their nature is solely for elections. The census is prepared based on the Municipal Register, although enrollment in this is not necessary to be on the electoral roll. Article 31 of the Organic Law of the General Electoral Regime (LOREG) provides that the census contains the recording of those qualified to vote and is composed of residents of Spain and absent residents living abroad. The Census is organized territorially for all types of elections.
Functions of the Census:
- It is essential for verifying compliance with the conditions necessary for voting.
- It ensures the realization of the right to vote in a particular constituency, making it impossible for a citizen to vote more than once in any election.
- It contributes to the organization of political parties for campaign purposes.
A perfectly tailored census prevents electoral fraud. It must be ensured that the body responsible for its production is independent and effective. The data contained in the Census are protected under Article 2.3 of Organic Law 15/1999.
Details of the Electoral Census
- Contains all voters residing in Spanish territory and absent residents.
- One census for all sorts of elections.
- Registration requires name and ID.
- Ordered by Regional Sections: every elector is enrolled in only one section. If a registered voter appears more than once, the last entry will be considered valid.
The census is updated monthly. The update for the first month of the year includes the registration of residents who reach voting age between January 1 and December 31 of that year. The lists are available to voters in the municipalities.
Requirements and Effects of Entry in the Census
Once a name appears on the lists of electors, the individual may exercise their right to vote.
Claims and Appeals Relating to the Electoral Roll
Outside the Election Period
To correct an error, complaints can be filed. Claims filed outside the election period must be made by individuals themselves against the consulates or municipalities, which have five days from receipt to resolve them. Judicial proceedings can be brought against these resolutions as provided for in Article 53.2 of the Spanish Constitution. After exhausting all judicial actions, an appeal for defense may be brought before the Constitutional Court.
During the Electoral Period
Once the elections have been called, town councils and consulates are required to maintain a consultation on electoral lists. During these days, administrative complaints may be lodged against the provincial delegation of the Electoral Census Office (ECO). The Provincial Delegation of the ECO resolves complaints within three days and orders the relevant corrections, which will be displayed to the public the day after the announcement. According to LOREG, appeals may be filed against the Judge of First Instance, who will decide within five days. The court ruling exhausts the regular judicial process, without prejudice to the possibility of appealing to the Constitutional Court.
Certification of Specific Census Entries
In the event of wrongful omissions in the lists of the Census, a special census certification would have probative value of a previous registration. Individuals may demonstrate their right to vote by displaying the relevant judicial sentence.