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The electoral census is made up of:
a) Autonomous elections Spanish voters (CRV and CARV) and European Union and Norwegian voters registered for these municipal elections can vote in the council elections (CARV). CARV voters must previously communicate their desire to vote in the municipal elections to the provincial delegation of the Electoral Census Office of their province of registration. The corresponding documentation is sent only to those who have requested it. Regulations: Organic Law on the General Electoral System. Article 2 and 176.
b) Elections for territorial entities below municipality (LTEBM) People who can vote in these elections are:
CARV voters cannot vote in the elections to LTEBM
The municipalities and LTEBM in which partial local elections will be held 28 October 2007, and the number of voters who may participate, are included in the following table: Number of municipalities, LTEBM and affected voters. In accordance with articles 39 and 40 of the Organic Law on the General Electoral System, the current census for these elections closed on 27 May 2007 and includes movements noted by Town Councils, Consulates and Civil Registers prior to this data. Regulations: Organic Law on the General Electoral System Article 39.1 .The Electoral Census Office's Provincial Delegations have undertaken the necessary work with town councils to determine the polling station officials and premises to be used on 27 May 2007.The list of polling stations and polling station officials in each province shall be published between the 18 and 27 October in the province's two main newspapers. Regulations: organic Law on the General Election System Article 24. The Electoral Census Office issues a census card to all voters resident in Spain (CER y CERE) a with their electoral census registration details and they also inform voters of the polling station where they should vote. These cards will be sent from the 9 October onwards. Any changes to the polling station details that occur after the census cards have been sent, will be communicated to the voters. Regulations: Organic Law on the General Electoral System Article 39.5
Voters resident in Spain may request a postal vote from the 4 September to the 18 October. To do this, they must fill out a form available at any post office in Spain and send it to the Provincial Delegation of the Electoral Census Office in the province where they are registered. Voters should sign the form and check that the post office official puts the corresponding date and stamp. Voters who request a postal vote are not able to vote in person at the polling station. Between the 8 and the 21 October, the Provincial Delegation of the corresponding Electoral Census Office shall send the voter, by registered post, the documentation necessary for them to vote. Once the documents are received, voters should send their vote to the polling station, by registered post, not later than the 24 October. Regulations: Organic Law on the General Electoral System
Article 72 and 73
Spanish voters residing abroad who wish to exercise their right to vote in the elections of the municipality they are registered in must communicate this intention to the corresponding Provincial Delegation of the Electoral Census Office of the province corresponding to the municipality of registration from 1to 29 September. Said communication must be in writing, enclosing a copy of the Spanish National Identity Document or Passport. In order to facilitate this process, the Electoral Census Office has sent a letter to these voters in the first days of April including a form for requesting the postal vote. The Provincial Delegation will send the documentation required so that they can vote by post from 2 to 6 October. These voters will send the voting envelope by registered post between 2 and 24 October. Regulations: Organic Law on the General Electoral System Article 73.3 and 190
On the 2 October, representatives of the declared candidates may obtain, if they have previously requested it, a copy of the electoral census to be processed electronically. Regulations: Organic Law on the General Electoral System Article 41.5 and 41.6 The voting lists are sent to the polling stations are the same used on 27 May of 2007. Regulations: Organic Law on the General Electoral System Article 85 The Electoral Census Office shall have an information phone line (901 101 900), which will deal with queries made in relation to these elections. The phone line will be open to the public from Monday to Friday from 9am to 12pm and from 4pm to 6pm and on Saturdays from 9am to 2pm. Queries can be made via the Internet and for confidentiality purposes, only those queries made using digital certificates issued by the royal mint or the Cataluña certificate agency will be accepted. Those people who do not have a digital certificate will not be able to obtain personal information from the Internet. Queries can also be made via email Censo2007@ine.es Below is the text of the articles referred to in the previous sections Organic Law 5/1985 of 19 June on the General Electoral System and its modifications Article 2 2. - In order to vote, registration in the current electoral census is essential. Article 24 2. - The previous list shall be published in the province's "Official Gazette" on the sixth day following the call to vote and shall be displayed to the public in the respective town councils. 3. - In the following six days, voters shall be able to make complaints against the demarcation undertaken, before the Provincial Electoral Board, which shall comment on these complaints within a period of five days. 4. - Within the ten days prior to voting, the definitive list of sections, polling station officials and polling stations shall be published in the province's two main newspapers and shall be displayed to the public in the respective town councils. 5. - Town councils should indicate the premises corresponding to each section and polling station. Article 39 2. - Town councils and consulates are obliged to have a
query service relating to the current electoral lists in their respective
municipalities and demarcations for a period of eight days, starting from
the sixth day following the notification of the election. 3. - Within the previous period, any person may make a complaint to the Provincial Delegation of the Electoral Census Office about their census data. Complaints may be made directly at the corresponding Provincial Offices of the Electoral Census Office or through town councils or consulates. If this is the case, the complaints shall be sent immediately to the respective delegations. 4. -Within a period of three days, the Provincial Delegation of the Electoral Census Office shall resolve complaints made and shall order the relevant corrections, which must be displayed to the public on the seventeenth day following the notification. Similarly, the solution adopted shall be communicated to each of the interested parties and to the corresponding town councils and consulates. 5. -The Electoral Census Office shall issue all voters with a census card that contains the updated details of their registration in the electoral census and the section and polling station corresponding to them for voting and shall also inform those voters affected of changes to the sections, premises and polling stations, as referred to in article 24 of this organic law. Article 40. 2. - The judgement, which shall be decided within a period of five days, shall be transmitted to the interested party, the town council, the consulate and the Provincial Delegation of the Electoral Census Office. This judgement exhausts legal routes. Article 41. 2.- Any detailed information on personal data contained in the Electoral Census is prohibited, except for those requested by legal channels. 3.- Nevertheless, the Electoral Census Office can provide statistical data that does not reveal the personal circumstances of voters. 4.- Autonomous Communities can obtain a copy of the census on a suitable medium for computer processing, after each election, as well as the corresponding rectification there of. 5. - On the second day following the announcement of candidates, the representatives of each candidate may obtain a copy of the census from the corresponding district, ordered by the polling stations and for electronic processing, which may be used exclusively for purposes set out in this law. Alternatively, general representatives may obtain copies of the current census under the same conditions from the districts where their group, federation or coalition is presenting candidates. Likewise, the zone electoral boards shall have a useable copy of the electoral census, corresponding to their sphere. 6.- Exceptionally and for duly justified reasons, persons who may be the object of threats or coercion and who may endanger their lives, their physical integrity or their freedom may be excluded from the copies of the electoral census referred to in section 5 of the present article. Article 72. Those voters who expect not to be in the town where they should cast their vote in the day of voting, or who can not go in person, may cast a postal vote if they previously request this from the Provincial Delegation of the Electoral Census Office and with the following conditions: a) The voter shall request a census registration certificate from the corresponding
delegation, as of the date of notification and up until the tenth day prior
to voting. This form can be completed at any post office. Article 73. 1. - Once the request referred to in the previous paragraph has been received, the Provincial Delegation shall check the registration, shall make the corresponding notes in the census, if the vote is not to be cast in person on voting day, and shall issue the requested certificate. 2. - From the thirty fourth day following notification and
before the sixth day prior to voting, the Electoral Census Office shall issue
the voter, by registered post and to the address indicated, or if not indicated
to the address in the census, the electoral papers and envelopes together
with the certificate mentioned in the previous paragraph and an envelope containing
the address of the polling station where the person should vote. An informative
note shall be attached to the documents mentioned previously. 3.- Once the voter has chosen or completed the voting slip, it should be placed in the voting envelope and sealed. If a number of elections have been called, this process should be repeated for each of them. The voting envelope or envelopes and the certificate should be placed in the envelope addressed to the polling station and should be sent by registered post before the third day prior to the elections. This envelope does not need a stamp. 4. - The post office shall keep all correspondence addressed to polling stations until the voting day when it shall be taken to the polling stations at 9am. Likewise, any post received on this day shall be taken to the polling station up until 8pm. The post office shall take a register of all documentation received, which will be available to the Electoral Boards. Envelopes received after 8pm on the day specified for voting shall be sent to the Zone Electoral Board. Article 75. 1.- The Provincial Delegations of the Electoral Census Offices shall send a certificate identical to that stipulated in article 72 and the voting papers and envelopes to those people registered in the census as absent inhabitants who live abroad, as well as an envelope containing the address of the Provincial Electoral Board. An informative note shall be included with these documents. 2.- In those provinces where the declaration of candidates has not been contested, this envelope should be sent by registered post and not later than the thirty fourth day following notification and in the remaining provinces, not later than the forty second day. 3. - These voters shall exercise their right to vote in accordance with the procedure set out in the third paragraph of article 73 and shall send the envelope addressed to the Electoral Board for checking, by registered post and not later than the day prior to the election. In the elections for members of parliament, senators, members of legislative assemblies in the Autonomous Communities and members of the European parliament, when elections for this last group are held in Spain, these voters may also exercise their right to vote up until the seventh day prior to the election, personally delivering the envelopes to the consular office or consular section of the diplomatic delegation where they are registered or via electoral post to the office set up for this purpose in the Ministry of Foreign Affairs, which will urgently send the aforementioned envelopes to the corresponding electoral boards. In order for the votes described in the circumstances in this section to be valid, it is essential that the aforementioned envelope contains a postmark or other official registration from the corresponding State post office in question or consular office or consular section of the diplomatic delegation, that certifies beyond any doubt that the temporary requirement considered in each case has been fulfilled. Article 85. 1. - The right to vote is achieved via registration in the certified copies of the census lists or by specific census certification and, in both cases, by identifying the voter, which will be done using the national identity card, passport or driving license in which a photo of the holder appears, or, when dealing with foreigners, using the residence card. 2. - The certified copies of the census lists referred to in the previous paragraph shall only contain citizens of legal age on the voting date. 3. - Likewise, those people who prove their right to vote by being registered in the section census and showing the corresponding judicial decision may also vote. Article 176 1. - Without prejudice of that regulated in Title I, Chapter I, of this Law, foreign residents in Spain whose respective countries allow Spaniards to vote in municipal elections enjoy active suffrage in said elections, in terms of a treaty. Similarly, all persons resident in Spain without Spanish nationality enjoy active suffrage in municipal elections if they:
2.- The Government will communicate the Electoral Census Office a list of Foreign States whose nationals, residents in Spain, must be registered in the Census. Article 190 1.- Absent Spaniards resident abroad and who wish to exercise their right to vote in the elections of the Municipality they are registered in, according to the electoral census, must communicate their wish to the corresponding Provincial Delegation of the Electoral Census Office, no later than the twenty fifth day after the convocation. Said communication must be in writing, enclosing a copy of the National Identity Document or Passport. 2.- Having received said communication, the Provincial Delegation sends the interested party an identical Certificate to that provided in article 72, a blank voting ballot paper, the format of which will be officially determined, as a copy of the page or pages of the "Official Journal" of the province in which the proclaimed candidates of the Municipality are registered, the voting envelope, and an envelope indicating their corresponding polling station. An explanatory note will be attached to these documents. 3.- Said documentation must be sent by registered post, no later than the twenty-third day after the convocation. 4.- The voter will write on the ballot paper the name of the party, federation, coalition or group whose candidature he or she wishes to vote for, and will send his or her vote according to that provided in article 73, paragraph 3. The Postal service will act in this case according to that provided in the fourth paragraph of said article. Royal Decree 605/1999 of 16 April, a complementary regulation to the electoral processes. Article 9. Postal vote for personnel at sea 1. Personnel on ships belonging to the navy, merchant navy or deep-sea fishing fleets registered in Spain, who must be on board from when the elections are called until they are held and who during this period enter previously known ports in national territory, may exercise their right to vote in the way set out in this regulation. 2. The request for a census registration certificate referred to in article 72 of Organic Law 5/1985 of 19 June on the General Electoral System, may be obtained from the Provincial Delegation of the Electoral Census Office where the interested party is registered and the request should be issued by radio. The message must contain the following data: 3. If the electoral information can be received via another ship, the ship owner, shipping agent or ship where the information should be sent will be indicated in the radio message. 4. For the purposes set out in paragraphs a) and b) of article 72 of Organic Law 5/1985 of 19 June on the General Electoral System, ships' radio telegraph services shall be considered as appointed post office rooms and the commanders and captains or the official delegated by them shall be considered officials in charge of receiving these requests. 5. Once the interested party's request has been checked, the Provincial Delegation of the corresponding Electoral Census Office shall consider the request received and shall then issue the documentation referred to in article 73.2 of Organic Law 5/1985 of 19 June on the General Electoral System to the ship owner, shipping agent or ship that the voter has designated and in their name. 6. Once the documentation referred to in the previous article has been received by the voter, they shall then issue, by registered and urgent post and from any of the ports in which the ship docks, the electoral documentation set out in article 73.3 of Organic Law 5/1985 of 19 June on the General Electoral System to the polling station where they are registered to vote. Ministry of Defence. Order 116/1999 of 30 April by which the right to vote in electoral processes by personnel in the Armed Forces at sea or in exceptional situations linked to national defence is regulated. One In order to exercise their right to a postal vote, personnel at sea on navy ships or those belonging to military, land or air units located outside national territory in exceptional situations linked to national defense and who participate or cooperate with forces in allied countries and with international organisations in humanitarian assistance or missions or international peace missions, shall follow the procedure set out in the following points of this order. Two The following shall be applied to all personnel in the situation described in the first point from the date on which the elections are called until they are held. Three The commander of the ship or the head of the unit shall issue a list of personnel who wish to exercise their right to vote to the Director General of Personnel at the Ministry of Defense, who shall then process the requests for registration certificates in the census to the corresponding Provincial Delegations of the Electoral Census Office from the date on which the election is called until the tenth day prior to voting. For each applicant, the following shall be recorded:
Four Once the interested party's request has been checked, the Provincial Delegation of the corresponding Electoral Census Office shall consider the request received and shall then issue the documentation referred to in article 73.2 of Organic Law 73.2 on the General Electoral System to the Directorate General of Personnel at the Ministry of Defense so that it reaches addressee as quickly as possible. Five Once the documentation referred to in the previous paragraphs has been received, the voter shall then exercise their right to vote. The commander of the ship or unit head shall be in charge of the votes made, keeping them and guaranteeing their safety, integrity and secrecy until the votes are collected and taken to national territory. The Directorate General of Personnel for the Ministry of Defence shall send the votes to the Autonomous post and telegraph body before the third day prior to the election, who shall then send them urgently to the corresponding polling station. Six For the purposes of what is set out in paragraphs a) and b) of article 72 of the Organic Law on the General Electoral System, the radio telegraph services on ships or belonging to units shall be considered as appointed post office rooms and the commanders of the ship or heads of unit or the official delegated by them, as well as the commander of the post office plane and the Director General of Personnel at the Ministry of Defence shall be considered officials in charge of receiving the requests. |
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