Understanding the Spanish Electoral Administration
Unit 5: Election Administration
1. The Electoral Administration
The Electoral Administration is a branch of public administration designed to prevent distortion of representation. It comprises the Central Electoral Commission, provincial election boards, area election boards, and polling stations. Its purpose is to ensure the transparency and objectivity of the electoral process and uphold the principle of equality. The electoral boards, in their composition, are judicial in nature, as most of their members are judges or magistrates.
The key elements of the Electoral Administration are the Boards and the officers. This administration follows a hierarchical structure, evident in its powers of investigation, punishment, and resolution of appeals against the decisions of lower boards. It also has the authority to issue binding resolutions to consultations from lower boards.
The Electoral Administration is characterized by its independence from other bodies or public authorities. This independence, neutrality, and impartiality are crucial to its function. It also guarantees the status of its members, who are irremovable and can only be suspended for electoral crimes or misdemeanors. Members of the officers cannot be detained while in service. The Central Electoral Commission’s self-regulatory authority, through its institutions, further demonstrates its autonomy.
The Electoral Administration is subject to the principle of legality, meaning it is bound by law. Its actions are subject to supervision by the courts of the administrative order.
2. The Election Boards
A) Central Electoral Board
The Central Electoral Board is a permanent body with national competence, headquartered in Madrid, specifically in the Congress of Deputies. It consists of eight members from the Supreme Court and five professors of law, political science, or sociology. The Secretary General of the Congress of Deputies serves as the Secretary of the Central Electoral Board. Meetings are convened by the President or, in their absence, by the Secretary. A quorum of at least seven members is required for valid meetings, and decisions are made by a simple majority vote, with the Chairman holding the casting vote.
Its powers include:
- Directing and supervising the conduct of the electoral registration office.
- Issuing binding instructions to the provincial election boards.
- Resolving binding consultations raised by provincial election boards.
- Unifying the criteria imposed by the provincial boards and, in the case of autonomous regions, under electoral law.
- Approving sample minutes of the polling stations.
- Ensuring compliance with rules on election expenditure and accounts during the period between the calling of elections and the hundredth day after.
- Informing draft provisions related to the Census, given in the development and implementation of the LOREG (Organic Law of the General Electoral Regime).
- Revoking, ex officio or upon request, decisions of the provincial electoral boards and, where appropriate, autonomous boards, if they object to the interpretation of the electoral law made by the JEC (Central Electoral Board).
- Resolving complaints, grievances, and resources directed to it according to the LOREG or any other provision conferring such competence.
- Directing, supervising, and promoting the electoral process to ensure the legality of the election and the objective and subjective rights of its actors.
- Exercising disciplinary authority over all persons officially involved in electoral operations.
- Exercising sanctioning power to correct breaches in the electoral process that do not constitute a crime.
B) Provincial and Area Election Boards
The Provincial Boards, according to Article 10 of the LOREG, are composed of five members: three judges from the Provincial Court and two professors of law, political science, or sociology, or jurists of recognized standing residing in the province.
They are not permanent bodies; they are formed initially with members of the judiciary on the third day following the call for elections. Their term ends 100 days after the completion of voting. The Secretary is the Secretary of the respective High Court or, if there is more than one, the oldest.
Their responsibilities include:
- Issuing mandatory instructions to any Area Election Board (JEZ).
- Automatically revoking or, upon request, revoking JEZ decisions when they oppose the interpretation made by the Provincial Election Board (JEP).
- Unifying interpretive criteria.