Understanding the Right to Vote in Spain
Theme 2: The Right to Vote
The Right to Vote and Political Participation
Political participation is a cornerstone of liberty. With the rise of the democratic constitutional state and its emphasis on equality, all individuals participating in the political process gained prominence, and the vote was recognized as a fundamental right. Today, democracy and citizen participation are intrinsically linked, with participation serving as a core principle of democracy itself. The right to participate, as enshrined in Article 23, is a functional requirement of a democratic state.
The preamble of the Spanish Constitution expresses the intention to establish an advanced democratic society, expanding citizen participation beyond the traditional appointment of political representatives. This has resulted in a complex variety of forms of participation. The right of participation allows for both direct and indirect involvement. It is a subjective public right, and its non-exercise (abstention) is not penalized.
Ownership of the Right to Vote
The holders of the right to vote are those with Spanish political capacity to intervene in public life. This empowers the legislature to consider cases of suspension or withdrawal of the right to vote. Currently, community foreigners are also eligible to vote.
According to Article 68.5 of the Spanish Constitution, all Spanish citizens in full possession of their political rights are eligible to vote. Foreigners are also included under certain conditions.
Article 176 of the LOREG (Organic Law of the General Electoral Regime) recognizes the right of aliens to vote in municipal elections in two cases:
- I. Under a bilateral treaty, when their countries allow Spanish citizens to vote in municipal elections.
- II. Under Article 8.b.1 of the Treaty, they shall enjoy the right to vote in municipal elections to be convened in Spain, provided they meet the requirements to be an elector required by the LOREG for Spaniards and have indicated a will to exercise the right to vote in Spain.
In elections to the European Parliament, Article 210.1 of the LOREG grants the right to vote to all persons residing in Spain who, without having acquired Spanish nationality:
- Have the status of European Union citizens.
- Are eligible to vote.
- Have previously opted to vote.
The right to participation is granted to nationals as individuals, not as a collective right.
A) Distinction Between Electors and Voters
An elector is someone who has the capacity and meets the requirements to vote, regardless of whether they exercise that right. A voter is someone who has exercised their right to vote and has cast their ballot.
B) Requirements of Legal Age and Nationality
- Legal Age: The exercise of the right to vote requires the intellectual maturity associated with reaching the age of majority.
- Nationality: Each state establishes the conditions for acquiring nationality.
C) Negative Requirements (Disqualifications)
Section 2 of the LOREG specifies that the following individuals cannot exercise the right to vote:
- Those who have been convicted of an accessory penalty or deprivation of the right to vote.
- Those declared incapable by a court decision.
- Those interned in psychiatric hospitals, requiring a warrant with a statement of record that the individual is unable to vote.
Electoral Census Bureau
The Provincial Delegations of the Electoral Census Office (CEO) are responsible for maintaining the census under the direction and supervision of the Central Electoral Board. The ECO is part of the National Statistics Institute (INE).
The powers, according to Article 30 of the LOREG, include:
- Coordinating the process of preparing the electoral roll and issuing instructions to local councils and consulates.
- Overseeing the census process.
- Monitoring and reviewing registrations and deregistrations.
- Deleting multiple entries.
- Developing preliminary and final electoral rolls.
- Resolving claims.