Understanding the Spanish Electoral System: A Comprehensive Analysis

Posted on Feb 17, 2025 in Economic Sciences

Spanish Electoral System

Concept and Election Procedures

The Spanish political electoral system is established by Article 1.1 of the Spanish Constitution (EC) as democratic. Article 23 further elaborates:

  1. Citizens have the right to participate in public affairs, directly or through representatives freely elected in periodic elections by universal suffrage.
  2. They also have the right to equal access to public functions and offices, with the requirements indicated by law.

Electoral System Defined

The electoral system is a set of rules that enable citizens to exercise their right to vote and stand for election, and to govern the development of counting and announcement of candidates. It’s important to distinguish between the electoral system and the electoral process. The electoral system is broader, governing who can vote, who cannot, age requirements, census details, and candidate eligibility. The electoral process focuses on defined stages:

  • Call for election
  • Nominations
  • Campaign
  • Vote
  • Scrutiny
  • Proclamation of candidates

In Spain, this is regulated by the Ley Orgánica del Régimen Electoral General (LORE), or the Organic Law of the General Electoral Regime.

Assumptions for a Democratic Electoral System

There are some fundamental assumptions, without which an electoral system cannot be considered democratic and open. These assumptions were highlighted by Douglas Rae:

  • Any electoral system must be impartial, and public authorities must maintain neutrality.
  • The historical appropriateness of each system must be considered. Each country or state organizes its own electoral system, provided it is democratic.
  • Excessive fragmentation should be avoided.
  • The viability of small political parties should be ensured.
  • Excessively large electoral districts should be avoided.

Types of Electoral Systems

Majority System: The candidate with the most votes wins. It is the oldest and most widely used system, currently employed in many instances.

  • Advantages: It is very simple, and the successful candidate is declared elected. Citizens know their candidate and representative, allowing for greater control because the districts are typically small.
  • Disadvantages: It may not be very fair, because the party that wins gets all the seats, even if the margin is slim.

Proportional System: Representation is proportional to the votes obtained. The challenge lies in the use of closed lists. This system emerged as a critique of the majoritarian system.

  • Advantages: Seats are allocated to accommodate all political forces that meet a regulated minimum (3% or 5%), as appropriate.
  • Disadvantages: The division can be wide, and voters may not know their representatives. As it is often a closed list system, only the first few candidates on the lists are known to the citizens.

Some countries have used a mixed system, combining elements of both. More advanced countries are investigating the creation of an electoral system to incorporate the advantages of both systems.

Electoral Quotient and the D’Hondt Method
  • Electoral Quotient: It is a divisor used to determine how many seats a listing wins in the first ballot. In Spain, the D’Hondt proportional method is used, as established in Article 68 of the Spanish Constitution.

Example:

-------------------------------------------------- SEATS ---
Part	1	2	3	4	5	VOTES
-------------------------------------------------------------------
A	86000	43000	28666	21500	17200	86000
B	56000	28000	18666	14000	11200	56000
C	38000	19000	38000	12666	9500	38000
D	28666	14333	9555	7166	5733	28666
  1. 1st Scanner: Party A = 86000 votes
  2. 2nd Scanner: Party B = 56000 votes
  3. 3rd Scanner: Party A = 43000 votes
  4. 4th Scanner: Party C = 38000 votes
  5. 5th Scanner: Party A = 28666 votes

In case of a tie, in Spain, the seat is given to the most voted party.

The number of seats is set by the number of people, but for the Senate, it is a territorial demarcation, with 4 senators elected from each province. Therefore, the D’Hondt rule is used only for the Congress.