b. No, existing regional/provincial/other boundaries are used

Source: Electoral Act (LOREG,5/1985), Art. 161, 179, 214.
Last updated: Fri, 14 Feb 2003 08:24:50 GMT

e. Not applicable

Comments: Constituencies are not delimited for election purposes but existing regional/provincial/other boundaries are used.
Source: Electoral Act (LOREG,5/1985), Art. 161, 179, 214.
Last updated: Fri, 14 Feb 2003 08:25:45 GMT

h. Not applicable

Source: Electoral Act (LOREG,5/1985), Art. 161, 179, 214.
Last updated: Fri, 14 Feb 2003 08:27:39 GMT

g. Not applicable

Comments: Population is not a criteria.
Source: Electoral Act (LOREG,5/1985), Art. 161, 179, 214.
Last updated: Fri, 14 Feb 2003 08:28:03 GMT

g. Not applicable

Comments: The Constitution regulates the territorial organisation of the state in councils, provinces, and Autonomous Communities (Comunidades Autónomas).
Source: Electoral Act (LOREG,5/1985), Art. 161, 179, 214.
Last updated: Fri, 14 Feb 2003 08:28:29 GMT

m. Not applicable

Comments: Boundaries are not redrawned.
Source: Constitution, Art. 137
Last updated: Wed, 19 Jun 2002 13:27:22 GMT

a. Name and Title: Ana Cristina Lopez Lopez, Cuerpo Superior de Administradores Civiles del Estado
b. Job Title: Head of Scope of Electoral Co-Operation
c. Organisation: Ministry of Interior
d. Contact Address. Ministerio del Interior: DIRECCIÓN GENERAL DE POLÍTICA INTERIOR. SUBDIRECCIÓN GENERAL DE POLÍTICA INTERIOR Y PROCESOS ELECTORALES. DESPACHO 116. CALLE AMADOR DE LOS RÍOS, 7. 28071 MADRID
e. Telephone: 00 34 91 537 13 10
f. Facsimile: 00 34 91 537 14 63
g. Email: aclopez@amador.mir.es

Last updated: 2005-04-14 09:35:23 UTC

a. Mandatory referendum

b. Optional referendum

d. Agenda initiative

Comments: 1.- Spanish Constitution 1978 and the Organic Act on Referendum (Ley Organica) 2/1980 Spanish Constitution Section 149 1. The State shall have exclusive competence over the following matters: 32.- Authorization of popular consultations through the holding of referendums. The Spanish Constitution (See Section 92.3) and the Organic Act on Referendum (Ley Organica) 2/1980 establish four different kinds of Referendum which are as follow: I. Consultive Referendum (National level. Optional. Non binding.) II. Constitutional Referéndum (National level. Mandatory.) III. Referendum about the creation of a Self-governing-Community (See Spanish Constitution 1978 VIII. Territorial Organization of the State Government CHAPTER 3. Self-governing Communities) IV. Referendum about the Statute of a Self-governing Community. Spanish Constitution 1978 Section 81 1. Organic acts are those relating to the implementation of fundamental rights and public freedoms, those approving the Statutes of Autonomy and the general electoral system and other acts provided for in the Constitution. 2. The approval, amendment or repeal of organic acts shall require the overall majority of the Members of Congress in a final vote on the bill as a whole. LEY ORGÁNICA 2/1980 de 18 de enero, sobre regulación de las distintas modalidades de referéndum: Article 2 of this Act about the different kinds of referendum 2/1980 1. The authorization to notify/call popular consultations via referendum in any of its kinds, is of the exclusive competence of the State.(Central Government) 2. The authorization will be agreed by Government, after the proposal done by the President of Government, except in those cases when the Constitution establishes that the proposal has to be done by the Congress of Deputies (Lower House). 3. The King calls the Referendum using a Royal Decree previously agreed by the Committee of Ministers and countersigned by its President (the President of Government).
Source: •The Spanish Constitution 1978 PART III, The Cortes Generales (Section 92); PART X. Constitutional Amendment (Sections 167, 168); The Organic Act on Referendum (Ley Organica) 2/1980 de 18 de enero
Last updated: 2006-11-23 17:59:41 UTC

a. Constitutional

Source: The Spanish Constitution 1978 PART III, The Cortes Generales (Section 92); PART X. Constitutional Amendment (Sections 167, 168); The Organic Act on Referendum (Ley Organica) 2/1980 de 18 de enero
Last updated: 2006-11-23 11:25:32 UTC

a. Constitutional

b. Specific laws/legislation

c. Regulations

Source: The Spanish Constitution 1978 PART III, The Cortes Generales (Section 92); PART X. Constitutional Amendment (Sections 167, 168); The Organic Act on Referendum (Ley Organica) 2/1980 de 18 de enero
Last updated: 2006-11-23 11:25:32 UTC

e. Not applicable

Last updated: 2006-11-23 11:25:32 UTC

a. Constitutional

b. Specific laws/legislation

Source: The Spanish Constitution 1978 PART III, The Cortes Generales (Section 92); PART X. Constitutional Amendment (Sections 167, 168); The Organic Act on Referendum (Ley Organica) 2/1980 de 18 de enero
Last updated: 2006-11-23 11:25:32 UTC

e. Not applicable

Last updated: 2006-11-23 11:28:38 UTC

a. Constitutional

Comments: Spanish Constitution Section 81: 1. Organic acts are those relating to the implementation of fundamental rights and public freedoms, those approving the Statutes of Autonomy and the general electoral system and other acts provided for in the Constitution. 2. The approval, amendment or repeal of organic acts shall require the overall majority of the Members of Congress in a final vote on the bill as a whole. Specific regulations, according to the electoral Acts appliable (see below), on electoral processes are approved by the Government for each National level. Referendum when it is called.
Source: LEY ORGÁNICA 2/1980, de 18 de enero, reguladora de las distintas modalidades de referéndum.- Organic Act about the different kinds of referendum - Article eleven. One. The referendum procedure must follow the Electoral Act on those matters which are applicable and without going against the Organic Act about the different kinds of Referendum. LEY ORGÁNICA 5/1985 de 19 de junio, del Régimen Electoral General. – Electoral Act – This Act regulates, mainly, the National Level Parliamentary Elections, Local Elections, European Parliament Elections. •Ley Orgánica 3/1984, de 26 de marzo, Reguladora de la Iniciativa Legislativa Popular. – Citizens’ Iniciative Organic Act - http://www.igsap.map.es/cia/dispo/24621.htm
Last updated: 2006-11-23 17:59:41 UTC

b. Specific laws/legislation

c. Regulations

Comments: Spanish Constitution Section 81: 1. Organic acts are those relating to the implementation of fundamental rights and public freedoms, those approving the Statutes of Autonomy and the general electoral system and other acts provided for in the Constitution. 2. The approval, amendment or repeal of organic acts shall require the overall majority of the Members of Congress in a final vote on the bill as a whole. Specific regulations, according to the electoral Acts appliable (see below), on electoral processes are approved by the Government for each National level. Referendum when it is called.
Source: •LEY ORGÁNICA 2/1980, de 18 de enero, reguladora de las distintas modalidades de referéndum.- Organic Act about the different kinds of referendum - Article eleven. One. The referendum procedure must follow the Electoral Act on those matters which are applicable and without going against the Organic Act about the different kinds of Referendum. LEY ORGÁNICA 5/1985 de 19 de junio, del Régimen Electoral General. Electoral Act – This Act regulates, mainly, the National Level Parliamentary Elections, Local Elections, European Parliament Elections. •Ley Orgánica 3/1984, de 26 de marzo, Reguladora de la Iniciativa Legislativa Popular. Citizens’ Iniciative Organic Act - http://www.igsap.map.es/cia/dispo/24621.htm
Last updated: 2006-11-23 17:59:41 UTC

a. Constitutional

b. Specific laws/legislation

Last updated: 2005-04-18 12:34:58 UTC

f. Not applicable

Last updated: 2005-04-18 09:28:18 UTC

f. Not applicable

Last updated: 2005-04-18 09:28:04 UTC

a. All signatures checked

Comments: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 11. 1. The pages that contain the signatures collected, as well as the attached documents that certify that the electors that have signed are registered in the electoral census as having 18 years old, will be sned to the Provincial Electoral Committee in order to be verified and counted. The Provincial Electoral Committee, in a 15 days’ time, will send all documentation to the Central Electoral Committee. 2. The Central Electoral Committee can ask the Provincial Electoral Committees’ assistance in order to do the acreditation of the signatures’ . 3. The Commission that presented the Citizens’ iniciative can require, at any momment, from the Provincial Electoral Commissions all the information they wish to know about the number of signatures collected.
Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 12
Last updated: 2006-11-23 17:59:41 UTC

d. Not applicable

Last updated: 2005-04-18 09:26:54 UTC

d. Other (specify)

Comments: The Junta Electoral Central (Central Electoral Committee). Permanent Body. The Central Electoral Committee (Junta Electoral Central), which is in charge of guaranteeing the transparency, objectivity and equality of the electoral processes, is composed of eleven members who are in office for a period of 4 years. The electoral Law considers the Junta Electoral Central as the only permanent body of those that form part of the so called “ Administración Electoral” People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 11. 1. The pages that contain the signatures collected, as well as the attached documents that certify that the electors that have signed are registered in the electoral census as having 18 years old, will be sned to the Provincial Electoral Committee in order to be verified and counted. The Provincial Electoral Committee, in a 15 days’ time, will send all documentation to the Central Electoral Committee. 2. The Central Electoral Committee can ask the Provincial Electoral Committees’ assistance in order to do the acreditation of the signatures’ . 3. The Commission that presented the Citizens’ iniciative can require, at any momment, from the Provincial Electoral Commissions all the information they wish to know about the number of signatures collected.
Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 11
Last updated: 2006-11-23 17:59:41 UTC

e. Not applicable

Last updated: 2006-11-23 11:35:16 UTC

e. Not applicable

Last updated: 2006-11-23 11:35:16 UTC

e. Not applicable

Last updated: 2005-04-14 14:30:20 UTC

a. Mandatory referendum 1947
b. Optional referendum 1931
d. Agenda initiative 1931

Comments: Under the dictatorship (1936-1975) a Act on National Referendum was approved in 1945. This act, in a non democratic environment, allowed the dictator to call plebiscites so that the citizens would ratify acts when the Government decided so. The Dictator Francisco Franco called two plebiscites in between 1940 and 1969 as a way to try to gain legitimacy. The first attempt took place on July 6 1947 with the Referendum about the Chief of State’s Succession Act, July 26 1947, modified by the Organic Act of the State, January 10 1967. Article 10 of the Chief of State’s Succession Act listed the so called Fundamental Acts and established that in order to derogate or modify them, a National Referendum should be called’. (It introduced a kind of Mandatory Referendum.) The second attempt was on December 14 1966 with the Referendum about the Organic Act of the State.
Source: 1.- Spanish Second Republic’s Constitution December 9 1931 (The Spanish Constitution in force nowadays was approved in 1978) Section 66. The people can ratify acts (via referendum) approved in Parliament. For that it will be enough if 15 % of the electorate request it. This mechanism will not be used in the following cases: Constitution, acts complementing the Constitution, acts that ratify International Treaties registered at the Society of Nations, the Regional Statutes, nor the tax Acts. The people can also, using their right of initiative, submit to Parliament a bill, if, at least, a 15% of the electorate asks for it. An special act will establish the procedure and the legal guarantees of the referendum and the citizens’ initiative. Section 123. The following can address requirements to the Constitutional Court. (...) 5. Any person, or group of people, even though they had not suffered the damage on their constitutional rights directly. 2.- Real Decreto 2635/1976, de 24 de noviembre, por el que se somete a referéndum de la Nación el Proyecto de Ley para la reforma política. http://www.uned.es/dpto-derecho-politico/reflrp.htm 3.- LEY 1/1977, de 4 de enero, para la reforma política. Before becoming a Act the bill for the Political Reform was submitted to Referendum of the Nation on December 15 1976. It had previously been approved by Congress on November 18 1976. As regards regulations on Referendum this Act 1/1977, de 4 de enero, for the Political Reform, established that: “The King, before signing a constitutional amendment Act shall submit the draft amendment to a Referendum of the nation. ”, as well as “ The king could submit directly to the nation a political option of national interest, regarding constitutional matters or not, to be decided via referendum. ” Referendums held in Spain at National and Regional level from the beginning of the political transition to democracy up until 2005. National Level Referendums Regional level Referendums (Self-governing Communities and mandatory Referendums) See Spanish Constitution PART VIII. Territorial Organization of the State. Issue: Political Reform Act. (Mandatory Referendum) December 15 1976. Issue: Self-government Statute of Euskadi (Mandatory Referendum) October 25 1979. Issue: Spanish Constitution. (Mandatory Referendum) December 6 1978. Issue: Self-government Statute of Catalonia (Mandatory Referendum) October 25 1979. Issue: NATO (Optional Referendum) March 12 1986. Issue: Self-government Statute of Andalusia (Mandatory Referendum) October 21 1981 (*). Issue: European Constitution. (Optional Referendum) February 20 2005. Issue: Self-government Statute of Galicia (Mandatory Referendum) December 21 1980. (*) The first regional referendum about the self-governing Statute of Andalusia, held on august 28 1980, was not valid because the majority required by Section 151 of the Spanish Constitution in the province of Almeria was not reached. Therefore a second referendum was called and it took place on October 21 1981.
Last updated: 2006-11-23 17:59:41 UTC

a. Mandatory referendum 1976
b. Optional referendum 1976
d. Agenda initiative 1984

Comments: Real Decreto 2636/1976, November 19, that regulated the procedure to implement the Referendum Act (B.O.E. n 282, de 24 de noviembre). Content of this regulation: Electoral Administration; Electoral Roll; Electoral Process Schedule and Management; Referendum Day; Voting by Mail; National Observers; Counting of the Votes. (No longer in force) Spanish Constitution 1978 Section 87.3. An organic act shall lay down the manner and the requirements of the popular initiative for submission of non-governmental bills. In any case, no less than 500.000 authenticated signatures shall be required. This initiative shall not be allowed on matters concerning organic acts, taxation, international affairs or the prerogative of pardon. •Ley Orgánica 3/1984, de 26 de marzo, Reguladora de la Iniciativa Legislativa Popular.
Source: Spanish Constitution 1978 Section 87.3; Ley Orgánica 3/1984, de 26 de marzo; Citizens’ Initiative Organic Act - http://www.igsap.map.es/cia/dispo/24621.htm
Last updated: 2006-11-23 17:59:41 UTC

a. Government (specify department)

d. Legislature

Comments: a) Ministry of Interior (National Level Referendum) d) Citizens’ initiative
Last updated: 2006-11-23 17:59:41 UTC

a. Yes

Source: Article 8 of the Real Decreto 1599/2004, de 2 de julio, por el que se desarrolla la estructura orgánica básica del ministerio del interior. http://www.mir.es/derecho/rd/rd159904.htm
Last updated: 2006-11-23 17:16:32 UTC

a. Yes, in all regions/states/provinces

Comments: a) Comunidades Autónomas (Self Governing or Autonomous Communities). The Constitution proclaims the indissoluble unity of the nation, but it also recognizes and guarantees the right to the autonomy of all nationalities and regions that are comprised in the State of Spain. There are 17 Autonomous Communities at present: Andalusia, Aragon Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castile and Leon, Castile-La Mancha, Catalonia, Extremadura, Galicia, Madrid, Region of Murcia, Navarran Foral Community, the Basque Country, La Rioja a and the Valencian Community. In addition, Ceuta and Melilla became cities with statutes of autonomy of their own.
Source: Spanish Constitution 1978, PART VIII. Territorial Organization of the State; More information on Portal International http://www.administracion.es/portadas/index.html
Last updated: 2006-11-23 17:59:41 UTC

c. No

Last updated: 2005-04-14 11:57:22 UTC

c. No

Last updated: 2006-11-23 17:28:04 UTC

a. Yes, in all regions/states/provinces

Comments: a) Comunidades Autónomas (Self Governing or Autonomous Communities). The Constitution proclaims the indissoluble unity of the nation, but it also recognizes and guarantees the right to the autonomy of all nationalities and regions that are comprised in the State of Spain. There are 17 Autonomous Communities at present: Andalusia, Aragon Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castile and Leon, Castile-La Mancha, Catalonia, Extremadura, Galicia, Madrid, Region of Murcia, Navarran Foral Community, the Basque Country, La Rioja a and the Valencian Community. In addition, Ceuta and Melilla became cities with statutes of autonomy of their own.
Source: Spanish Constitution 1978, PART VIII. Territorial Organization of the State; More information on Portal International http://www.administracion.es/portadas/index.html
Last updated: 2006-11-23 17:28:04 UTC

c. No

Last updated: 2005-04-14 11:59:16 UTC

c. No

Last updated: 2005-04-14 12:00:28 UTC

a. Yes, in all municipalities/districts/communes

Comments: The Spanish Constitution 1978 establishes that (Section 149.1.32) the State shall have exclusive competence over the following matters (…) Authorization of popular consultations through the holding of referendums. The Constitution also says that an Organic Act should regulate the different kinds of Referendum. This Organic Act on Referendum LEY ORGÁNICA 2/1980 has an Additional Section that establishes that referendums ( so called consultas populares) called at Local level (by Town Halls) are not regulated by the Organic Act on Referendum 2/1980 (that regulates national optional referendums as well as mandatory referendums on the creation or the Statutes of Autonomous Communities), but, this notwithstanding, the Central Government has to authorize the celebration of Local referendums. Regulation of Local popular consultations: Article 71 of the Local Act (Ley 7/1985, de 2 de abril, reguladora de las Bases de Régimen Local Act http://www.igsap.map.es/cia/dispo/25119.htm), establishes that Majors, with the support of the absolute majority of the Plenary of the government of the Town Hall and the compulsory authorization of the Government of the Nation, can call referendum on those issues that are of the competence of the municipality and of the special interest of the inhabitants of the municipality, con with the exception of the issues regarding Local Finances. Article 18 of this señala como uno de los derechos de los vecinos pedir la consulta popular en los términos previstos en la Ley.
Source: LEY 2/2001 DE 3 DE MAYO, DE REGULACIÓN DE LAS CONSULTAS POPULARES LOCALES EN ANDALUCÍA. DECRETO 294/1996, DE 23 DE JULIO, POR EL QUE SE APRUEBA EL REGLAMENTO DE CONSULTAS POPULARES MUNICIPALES. LEY FORAL 27/2002 de 28 de octubre, reguladora de consultas populares de ámbito local. LEY 4/2001, DE 4 DE JULIO, REGULADORA DE LA INICIATIVA LEGISLATIVA POPULAR Y DE LOS AYUNTAMIENTOS DE CASTILLA Y LEÓN.
Last updated: 2006-11-23 17:59:41 UTC

c. No

Last updated: 2006-11-23 17:45:39 UTC

b. Yes, in some municipalities/districts/communes

Comments: The Spanish Constitution 1978 establishes that (Section 149.1.32) the State shall have exclusive competence over the following matters (…) Authorization of popular consultations through the holding of referendums. The Constitution also says that an Organic Act should regulate the different kinds of Referendum. This Organic Act on Referendum LEY ORGÁNICA 2/1980 has an Additional Section that establishes that referendums ( so called consultas populares) called at Local level (by Town Halls) are not regulated by the Organic Act on Referendum 2/1980 (that regulates national optional referendums as well as mandatory referendums on the creation or the Statutes of Autonomous Communities), but, this notwithstanding, the Central Government has to authorize the celebration of Local referendums. Regulation of Local popular consultations: Article 71 of the Local Act (Ley 7/1985, de 2 de abril, reguladora de las Bases de Régimen Local Act http://www.igsap.map.es/cia/dispo/25119.htm), establishes that Majors, with the support of the absolute majority of the Plenary of the government of the Town Hall and the compulsory authorization of the Government of the Nation, can call referendum on those issues that are of the competence of the municipality and of the special interest of the inhabitants of the municipality, con with the exception of the issues regarding Local Finances. Article 18 of this señala como uno de los derechos de los vecinos pedir la consulta popular en los términos previstos en la Ley.
Source: LEY 2/2001 DE 3 DE MAYO, DE REGULACIÓN DE LAS CONSULTAS POPULARES LOCALES EN ANDALUCÍA. DECRETO 294/1996, DE 23 DE JULIO, POR EL QUE SE APRUEBA EL REGLAMENTO DE CONSULTAS POPULARES MUNICIPALES. LEY FORAL 27/2002 de 28 de octubre, reguladora de consultas populares de ámbito local. LEY 4/2001, DE 4 DE JULIO, REGULADORA DE LA INICIATIVA LEGISLATIVA POPULAR Y DE LOS AYUNTAMIENTOS DE CASTILLA Y LEÓN.
Last updated: 2006-11-23 17:59:41 UTC

c. No

Last updated: 2005-04-14 12:05:04 UTC

a. Constitutional amendments

b. Adoption of international treaties

Source: Spanish Constitution 1978 Section 95 1. The conclusion of an international treaty containing stipulations contrary to the Constitution shall require prior constitutional amendment. 2. The Government or either House may request the Constitutional Court to declare whether or not such a contradiction exists Spanish Constitution 1978 PART X. Constitutional Amendment
Last updated: 2006-11-23 17:59:41 UTC

j. Other (specify)

Comments: Political decisions of special importance may be submitted to all citizens in a consultative referendum.
Source: Spanish Constitution 1978 Section 92 1. Political decisions of special importance may be submitted to all citizens in a consultative referendum. 2. The referendum shall be called by the King on the President of the Government's proposal after previous authorization by the Congress. 3. An organic act shall lay down the terms and procedures for the different kinds of referendum provided for in this Constitution.
Last updated: 2006-11-23 17:59:41 UTC

k. None

Comments: Mandatory referendums are specified in the Constitution one by one in a way that no open clauses or a list of excluded issues is ever used in the Constitution as regards mandatory Referendums. In the case of Consultive Referendums Spanish Constitution 1978 Section 92 establishes, without making reference to any specific exclusion, that “Political decisions of special importance may be submitted to all citizens in a consultative referendum. N.B. (This so called “referendum consultivo “is neither mandatory nor binding)
Source: Spanish Constitution 1978 Section 92
Last updated: 2006-11-23 17:59:41 UTC

b. Creation/merger/abolition of sub-national authorities

d. Other (specify)

Comments: d) Some amendments of the Statutes of the Self-governing/Autonomous Communities. On the score of the amendment of the Statues of the Self governing/Autonomous Communities only some of these Autonomous Communities (Catalunya, Galicia, Euskadi and Andalusia) can call, after being authorized by Government, a referendum on the amendment of their Statute of Autonomy.
Source: 1.- Spanish Constitution 1978, Section 147 1. Within the terms of the present Constitution, Statutes of Autonomy shall be the basic institutional rule of each Self-governing Community and the State shall recognize and protect them as an integral part of its legal system. 3. Amendment of Statutes of Autonomy shall conform to the procedure established therein and shall in any case require approval of the Cortes Generales through an organic act. Spanish Constitution 1978 Section 143 1. In the exercise of the right to self-government recognized in section 2 of the Constitution, bordering provinces with common historic, cultural and economic characteristics, insular territories and provinces with a historic regional status may accede to self-government and form Self-governing Communities (Comunidades Autónomas) in conformity with the provisions contained in this Part and in the respective Statutes. 2. The right to initiate the process towards self-government lies with all the Provincial Councils concerned or with the corresponding inter-island body and with two thirds of the municipalities whose population represents at least the majority of the electorate of each province or island. These requirements must be met within six months from the initial agreement reached to this aim by any of the local Corporations concerned. 3. If this initiative is not successful, it may be repeated only after five years have elapsed. Spanish Constitution 1978 Section 148. 2. After five years, the Self-governing Communities may, by amendment of their Statutes of Autonomy, progressively enlarge their powers within the framework laid down in section 149. Spanish Constitution 1978 Section 151 1. It shall not be necessary to wait for the five-year period referred to in section 148, subsection 2, to elapse when the initiative for the autonomy process is agreed upon within the time limit specified in section 143, subsection 2, not only by the corresponding Provincial Councils or inter-island bodies but also by three-quarters of the municipalities of each province concerned, representing at least the majority of the electorate of each one, and the mentioned initiative is ratified in a referendum by the overall majority of electors in each province, under the terms to be laid down by an organic act. 2. In the case referred to in the foregoing paragraph, procedure for drafting the Statute of Autonomy shall be as follows: 1.- The Government shall convene all Members of Congress and Senators elected in the constituencies of the territory seeking self-government, in order that they may set themselves up as an Assembly for the sole purpose of drawing up a Statute of Autonomy, to be adopted by the overall majority of its members. 2.- Once the draft Statute has been passed by the Parliamentarians' Assembly, it is to be sent to the Constitutional Committee of the Congress which shall examine it within two months with the cooperation and assistance of a delegation from the Assembly which has proposed it, in order to decide by common agreement upon its final form. 3.- If such agreement is reached, the resulting text shall be submitted in a referendum to the electorate in the provinces within the territory to be covered by the proposed Statute. 4.- If the draft Statute is approved in each province by the majority of validly cast votes, it shall be referred to the Cortes Generales. Each House, in plenary sitting, shall decide upon the text by means of a vote of ratification. Once the Statute been passed, the King shall give his assent and promulgate it as an act. 5.- If the agreement referred to in paragraph ii) of this subsection is not reached, the legislative process for the draft Statute in the Cortes Generales shall be the same as that for a bill. The text passed by the latter shall be submitted to a referendum of the electorate of the provinces within the territory to be covered by the draft Statute. In the event that it is approved by the majority of validly cast votes in each province, it shall be promulgated as provided in the foregoing paragraph. 2. LEY ORGÁNICA 2/1980 – Referendum Act – Section 7. In the case of referendums regulated in the Spanish Constitution in sections 167 and 168 ( non national level referendums on issues related with the creation of Self-governing/Autonomous Communities) , both Houses of Parliament will neccesarilly have to inform the President of Government about the approved draft reform that has to be submitted to the popular ratification. Attached to this communication will go the requirement referred to in Section 167.3 of the Spanish Constitution 1978. Once the communication is received, the referendum will be called in a 30 days time and the referendum will have to take place in the following 60 days. Section 8. The ratification via referendum of a self-governing/autonomous iniciative, regulated in Section 151.1 of the Spanish Constitution 1978 will have to fulfill the following terms: Four. Once the referendum has taken place, if the ratification has not been acomplished because the afirmative vote of the absolute majority of the electors of each province was not achieved, the Self-governing/Autonomous iniciative will not be possible to be presented once more in a 5 years time. This notwithstanding, the self-governing/autonomous iniciative regulated in Section 151 will be considered as ratified in those provinces where, ( in the referendum on the creation of an Autonomous Communitiy ) there were a majority of afirmative votes, but only if those afirmative votes stand for the absolute majority of the electoral census of the whole territory that is trying to reach the Autonomy. With the previous requirement of the majority of Members of Congress and Members of Senate that represent the province or provinces ( note that the Province is the constituency ) where the ratification via referendum of the Self-governing iniciative had not been achieved, Parliament ( Congress and Senate) can approve an Organic Act that will replace the Self-governing iniciative of Section 151, provided the requiremts established in the upper paragrah are fulfilled. Section 9. 1. The approval via referendum of a Statute of Autonomy of a Self-governing/autonomous Community according to Section 151.subsection 2. paragraphs 3 and 5 of the Spanish Constitution, will imply the communication to the President of the Government about the draft text of that Statute, in the first case ( Section 151. Subsection 2.paragraph 3), or about the draft text passed by Parliament in the second case Section 151. Subsection 2.paragraph 5). Once the communication has been received, the referendum will be called in a three months time, in those provinces included in the territorial realm of the draft Statute of Selfgovernment. 2. The Selfgovernment Statute will be considered as an approved one when the majority of the valid votes had been reached in each province, and then the procedures established in the Constitution will be followed until the final approval of the Statute. In the case that majority had not been reached in one or several of the provinces, the other provinces where the majority has been reached will be able to create the Autonomous Community but always if these provinces meet the following requisites: First. That these remaining provinces are bordering ones. Second. That a positive decission, about giving continuity to the statuary process, is adopted by absolute majority of the Parliamentary Assembly where the Members of Parliament representing the provinces that had voted supporting the draft Statute in the referendum. In this case, the draft Statute will be given course as an Organic Law by Parliament, only to adapt it to the new territorial scope of the Self governing Community. 3. When the result of the referendum on the Statute of an Autonomous Community is negative in all, or in the majority, of the provinces where the consultation has taken place, it will not be possible to draft a new Statute until 5 years later.
Last updated: 2006-11-23 17:59:41 UTC

a. Government

Comments: Spanish Constitution 1978 Section 149 1. The State has exclusive competence over the following matters: 32.- Authorization of popular consultations through the holding of referendums. LEY ORGÁNICA 2/1980 Section 2. 1. The authorization for calling popular consultations via any kind of referendums is of the exclusive competence of the State. ( N.B. Government ). 2. Authorization shall be adopted by Government, being previously proposed by the President of Government, except when Constitution establishes that that proposal has to be done by Congress ( Lower House). 3.The King shall call the Referendum via Royal Decree adopted by the Committee of Ministers and countersigned by the President of Government.
Last updated: 2006-11-23 17:59:41 UTC

a. Government (specify department)

Last updated: 2005-04-14 12:16:19 UTC

a. Government (specify department)

Last updated: 2005-04-14 12:16:34 UTC

d. The full text of the proposal

Source: LEY ORGÁNICA 2/1980 – Referendum Act -Section 3. 1. The Royal Decree by which the referendum is called shall contain the complete text of the draft bill ( i.e. Statute of a Self-governing/Autonomous Community ) or the political decission to be the issue of the referendum, as well as the question or questions that the electorate will vote about, ( this Royal Decree will also) establish the referendum’s celebration date, which will neccesary have to take place in between the 30 and the 120 days following the date of publication of the Royal Decree that called the Referendum. 2. The Royal Decree by which the Referendum is called will be published at the Official Spanish Gazette ( www.boe.es) and inserted in all the Provincial Official Gazettes or in the Autonomous Comunitties’ Official Gazettes affected by the celebration of the Referendum: This Royal Decree will also have to be diffused in all news papers published in the provinces and in the most spread out, at national level, news papers, during the five days following the publication of the Royal Decree in the Spanish Official Gazette. The Royal Decree will also be fixed at the public boards of al Municipalities affected, as well as in all spanish embassies and consulates, and it will be difussed by radio and t.v. LEY ORGÁNICA 2/1980 – Referendum Act –Section 6. The consultative ( optional ) referendum regulated in Section 92 Spanish Constitution 1978 will have to be previously authorized by Congress by absolute majority, after the proposal made by the President of Government. This proposal shall contain the exact terms of the question.
Last updated: 2006-11-23 17:59:41 UTC

d. The full text of the proposal

Source: LEY ORGÁNICA 2/1980 – Referendum Act -Section 3. 1. The Royal Decree by which the referendum is called shall contain the complete text of the draft bill ( i.e. Statute of a Self-governing/Autonomous Community ) or the political decission to be the issue of the referendum, as well as the question or questions that the electorate will vote about, ( this Royal Decree will also) establish the referendum’s celebration date, which will neccesary have to take place in between the 30 and the 120 days following the date of publication of the Royal Decree that called the Referendum. 2. The Royal Decree by which the Referendum is called will be published at the Official Spanish Gazette ( www.boe.es) and inserted in all the Provincial Official Gazettes or in the Autonomous Comunitties’ Official Gazettes affected by the celebration of the Referendum: This Royal Decree will also have to be diffused in all news papers published in the provinces and in the most spread out, at national level, news papers, during the five days following the publication of the Royal Decree in the Spanish Official Gazette. The Royal Decree will also be fixed at the public boards of al Municipalities affected, as well as in all spanish embassies and consulates, and it will be difussed by radio and t.v. LEY ORGÁNICA 2/1980 – Referendum Act –Section 6. The consultative ( optional ) referendum regulated in Section 92 Spanish Constitution 1978 will have to be previously authorized by Congress by absolute majority, after the proposal made by the President of Government. This proposal shall contain the exact terms of the question.
Last updated: 2006-11-23 17:59:41 UTC

e. Other (specify who)

Comments: Central Electoral Committee (Spain has a supervision model)
Source: LEY ORGÁNICA 2/1980, Referendum Act, Section 16. 1. Paper ballots and envelopes used to vote shall be adjusted to the official models (N.B. designed by the Ministry of Interior EMB and approved by the Central Electoral Committee ). Ballot papers will include the text of the question. 2. The voter’s choice could only be “yes”, “no”or blank; invalid ballot papers will be those which are different from the official model, those that do not clearly show the voter’s choice; and those which contain scratches, signs, or words not related with the question of the referendum. 3. The protocols of the referendum will make reference to the number of electors, the number of voters, the number of votes “for” and votes”against” of the text the referendum was about, the number of blnak votes (N.B: which are considered valid votes)and the number of invalid votes.
Last updated: 2006-11-23 17:59:41 UTC

e. Other (specify who)

Comments: Central Electoral Committee (Spain has a supervision model)
Source: LEY ORGÁNICA 2/1980, Referendum Act, Section 16. 1. Paper ballots and envelopes used to vote shall be adjusted to the official models (N.B. designed by the Ministry of Interior EMB and approved by the Central Electoral Committee). Ballot papers will include the text of the question. 2. The voter’s choice could only be “yes”, “no”or blank; invalid ballot papers will be those which are different from the official model, those that do not clearly show the voter’s choice; and those which contain scratches, signs, or words not related with the question of the referendum. 3. The protocols of the referendum will make reference to the number of electors, the number of voters, the number of votes “for” and votes”against” of the text the referendum was about, the number of bank votes (N.B: which are considered valid votes)and the number of invalid votes.
Last updated: 2006-11-23 17:59:41 UTC

c. No quorum required X

Last updated: 2006-11-23 17:55:16 UTC

c. No quorom required X

Last updated: 2006-11-23 17:59:41 UTC

a. Simple majority (>50%)

Comments: 1.- National level: Optional referendums and mandatory referendums require simple majority. LEY ORGÁNICA 2/1980 – Referendum Act – Section 6. The consultative ( optional / national level) referendum regulated in Section 92 Spanish Constitution 1978 will have to be previously authorized by Congress by absolute majority, after the proposal made by the President of Government. This proposal shall contain the exact terms of the question. 2.- Non-national Level. Self-governing/Autonomous Iniciative Referendum. LEY ORGÁNICA 2/1980 – Referendum Act – Section 8. The ratification via referendum of a self-governing/autonomous initiative, regulated in Section 151.1 of the Spanish Constitution 1978 will have to fulfill the following terms: Four. Once the referendum has taken place, if the ratification has not been acomplished because the afirmative vote of the absolute majority of the electors of each province was not achieved, the Self-governing/Autonomous initiative will not be possible to be presented once more in a 5 years time. This notwithstanding, the self-governing/autonomous initiative regulated in Section 151 will be considered as ratified in those provinces where, ( in the referendum on the creation of an Autonomous Community ) there were a majority of affirmative votes, but only if those affirmative votes stand for the absolute majority of the electoral census of the whole territory that is trying to reach the Autonomy. With the previous requirement of the majority of Members of Congress and Members of Senate that represent the province or provinces ( note that the Province is the constituency ) where the ratification via referendum of the Self-governing initiative had not been achieved, Parliament (Congress and Senate) can approve an Organic Act that will replace the Self-governing initiative of Section 151, provided the requirements established in the upper paragraph are fulfilled. Section 9. 1. The approval via referendum of a Statute of Autonomy of a Self-governing/autonomous Community according to Section 151.subsection 2. paragraphs 3 and 5 of the Spanish Constitution, will imply the communication to the President of the Government about the draft text of that Statute, in the first case (Section 151. Subsection 2.paragraph 3), or about the draft text passed by Parliament in the second case Section 151. Subsection 2.paragraph 5). Once the communication has been received, the referendum will be called in a three months time, in those provinces included in the territorial realm of the draft Statute of Self government. 2. The Self government Statute will be considered as an approved one when the majority of the valid votes had been reached in each province, and then the procedures established in the Constitution will be followed until the final approval of the Statute. In the case that majority had not been reached in one or several of the provinces, the other provinces where the majority has been reached will be able to create the Autonomous Community but always if these provinces meet the following requisites: First. That these remaining provinces are bordering ones. Second. That a positive decision, about giving continuity to the statuary process, is adopted by absolute majority of the Parliamentary Assembly where the Members of Parliament representing the provinces that had voted supporting the draft Statute in the referendum. In this case, the draft Statute will be given course as an Organic Law by Parliament, only to adapt it to the new territorial scope of the Self governing Community. 3. When the result of the referendum on the Statute of an Autonomous Community is negative in all, or in the majority, of the provinces where the consultation has taken place, it will not be possible to draft a new Statute until 5 years later.
Last updated: 2006-11-23 17:59:41 UTC

a. Simple majority (>50%)

Comments: 1.- National level: Optional referendums and mandatory referendums require simple majority. LEY ORGÁNICA 2/1980 – Referendum Act – Section 6. The consultative ( optional / national level) referendum regulated in Section 92 Spanish Constitution 1978 will have to be previously authorized by Congress by absolute majority, after the proposal made by the President of Government. This proposal shall contain the exact terms of the question. 2.- Non-national Level. Self-governing/Autonomous Iniciative Referendum. LEY ORGÁNICA 2/1980 – Referendum Act – Section 8. The ratification via referendum of a self-governing/autonomous iniciative, regulated in Section 151.1 of the Spanish Constitution 1978 will have to fulfill the following terms: Four. Once the referendum has taken place, if the ratification has not been acomplished because the afirmative vote of the absolute majority of the electors of each province was not achieved, the Self-governing/Autonomous iniciative will not be possible to be presented once more in a 5 years time. This notwithstanding, the self-governing/autonomous iniciative regulated in Section 151 will be considered as ratified in those provinces where, ( in the referendum on the creation of an Autonomous Communitiy ) there were a majority of afirmative votes, but only if those afirmative votes stand for the absolute majority of the electoral census of the whole territory that is trying to reach the Autonomy. With the previous requirement of the majority of Members of Congress and Members of Senate that represent the province or provinces ( note that the Province is the constituency ) where the ratification via referendum of the Self-governing iniciative had not been achieved, Parliament ( Congress and Senate) can approve an Organic Act that will replace the Self-governing iniciative of Section 151, provided the requiremts established in the upper paragrah are fulfilled. Section 9. 1. The approval via referendum of a Statute of Autonomy of a Self-governing/autonomous Community according to Section 151.subsection 2. paragraphs 3 and 5 of the Spanish Constitution, will imply the communication to the President of the Government about the draft text of that Statute, in the first case ( Section 151. Subsection 2.paragraph 3), or about the draft text passed by Parliament in the second case Section 151. Subsection 2.paragraph 5). Once the communication has been received, the referendum will be called in a three months time, in those provinces included in the territorial realm of the draft Statute of Selfgovernment. 2. The Selfgovernment Statute will be considered as an approved one when the majority of the valid votes had been reached in each province, and then the procedures established in the Constitution will be followed until the final approval of the Statute. In the case that majority had not been reached in one or several of the provinces, the other provinces where the majority has been reached will be able to create the Autonomous Community but always if these provinces meet the following requisites: First. That these remaining provinces are bordering ones. Second. That a positive decission, about giving continuity to the statuary process, is adopted by absolute majority of the Parliamentary Assembly where the Members of Parliament representing the provinces that had voted supporting the draft Statute in the referendum. In this case, the draft Statute will be given course as an Organic Law by Parliament, only to adapt it to the new territorial scope of the Self governing Community. 3. When the result of the referendum on the Statute of an Autonomous Community is negative in all, or in the majority, of the provinces where the consultation has taken place, it will not be possible to draft a new Statute until 5 years later.(…)
Last updated: 2006-11-23 17:59:41 UTC

a. Always

Last updated: 2005-04-14 12:33:17 UTC

c. Never

Last updated: 2005-04-14 12:33:32 UTC

b. Legislative proposals

Comments: Parliamentary Iniciative( not Referendum iniciative) Spanish Constitution 1978 Section 87 1. Legislative initiative belongs to the Government, the Congress and the Senate, in accordance with the Constitution and the Standing Orders of the Houses. 2. The Assemblies of Self-governing Communities may request the Government to adopt a bill or may refer a non-governmental bill to the Bureau of Congress and delegate a maximum of three Assembly members to defend it. 3. An organic act shall lay down the requirements of the popular initiative for submission of non-governmental bills. In any case, no less than 500.000 authenticated signatures are required. This initiative is not allowed on matters concerning organic acts, taxation, international affairs or the prerogative of pardon. The spanish People’s Legislative Iniciative has the following charasteristics: a) It doesn’t lead to a referendum call. It is only designed so that the people can submit, under some circumstances, non-governamental bills to Parliament about a limited set of issues. b) Section 87.3 of the Spanish Constitution bans the People’s Legislative Iniciative on Organic Act’s. In the Spanish Constitution 1978 more than 20 sections point out relevant matters that must be regulated by Organic Acts: i.e. Electoral Act, Referendum Act,People’s Iniciative Act, Associations’ Act, Penal Code, Petition Act,… c) When the People’s iniciative arrives to Parliament, no debate or counterproposal arises. The Commission that promotes the specific People’s iniciative doesn’t have a say in Congress to defend their iniciative. d) It may happen that a People’s Legislative Iniciative ends up being ammended and passed by Parliament with a content quite different from the original one without the Commission that made the original proposal can ask for the withdrawal of the iniciative. e) Expenditures can be reimboursed by the Commission that promoted an iniciative of this kind. ( Limit: 180.000 euros ) f) The only People’s Legislative Iniciative that has seen the light in Spain has been the Ley de Propiedad Horizontal Ley 49-1960
Last updated: 2006-11-23 17:59:41 UTC

d. Not applicable

Comments: See question A.1.1.
Last updated: 2005-04-14 14:16:44 UTC

a. Constitutional amendments

b. Adoption of international treaties

h. Taxes and public expenditure commitments

j. Other (specify)

Comments: Prerrogative of pardon. Matters regulated by Organic Acts.
Source: 1.- Spanish Constitution 1978. Section 81 1. Organic acts are those relating to the implementation of fundamental rights and public freedoms, those approving the Statutes of Autonomy and the general electoral system and other laws provided for in the Constitution. 2. The approval, amendment or repeal of organic acts shall require the overall majority of the Members of Congress in a final vote on the bill as a whole. Section 87 3. An organic act shall lay down the manner and the requirements of the popular initiative for submission of non-governmental bills. In any case, no less than 500.000 authenticated signatures shall be required. This initiative shall not be allowed on matters concerning organic acts, taxation, international affairs or the prerogative of pardon. Section 131 1. The State shall be empowered to plan general economic activity by an act in order to meet collective needs, to balance and harmonize regional and sectorial development and to stimulate the growth of income and wealth and their more equitable distribution. Section 134 1. It is incumbent upon the Government to draft the State Budget and upon the Cortes Generales to examine, amend and adopt it. 2.- People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section2
Last updated: 2006-11-23 17:59:41 UTC

a. A number of individuals

Comments: At least 500.000 signatures.
Source: Spanish Constitution 1978 Section 87 3. An organic act shall lay down the manner and the requirements of the popular initiative for submission of non-governmental bills. In any case, no less than 500.000 authenticated signatures shall be required. This initiative shall not be allowed on matters concerning organic acts, taxation, international affairs or the prerogative of pardon. People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 3
Last updated: 2006-11-23 17:59:41 UTC

d. Not applicable

Last updated: 2005-04-14 14:31:02 UTC

a. Proposed title

b. General explanation of purpose

c. Full proposed text

d. Other (specify)

Comments: The list of members of the Commission that defends the Initiative (with the personal data of all members of that Commission).
Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section3
Last updated: 2005-04-14 14:33:12 UTC

a. Proponents of the initiative

Last updated: 2005-04-14 14:33:44 UTC

f. Not applicable

Last updated: 2005-04-14 14:34:11 UTC

f. More than one subject area

g. Other (specify)

Comments: f: If I the iniciative deals with non-homogenic areas. g: If the initiative deals with an issue which is legally excluded for the citizens’ iniciative. If it doesn’t fulfill the initiative presentation requirements ( Section 3) If there has been already other similar initiatives. The iniciative will not be admitted when: a) It deals with issues which are legally excluded. According to Section 2 People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm b) If it doesn’t fulfill aome of the iniciative presentation requirements ( Section 3) This notwithstanding, if this flaw can be solved, the Bureau of Congress will communicate to the Commission that has presented the iniciative that there is a month for them to repare the lack of the correspondent requirement. c) If I the iniciative deals with non homogenic areas. d) If there had already been a government ‘s bill or a non-governmental bill in Congress of Senate that dealt with the same issue, and that, at the momment of the presentation of the citizens’ iniciative is already at the ammendment stage or at a more advanced one. e) If it is a reproduction of another citizens’ iniciative, with the same of very similar content, presented during the same legislature. f) If there had already been approved by Congress or Senate a non governmental bill that would deal with the same issue as the citizens’ iniciative presented later.
Source: Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 5
Last updated: 2006-11-23 17:59:41 UTC

d. Other (specify)

Comments: People’s Legislative Iniciative Act 3/1984 Section 5 The Bureau of Congress will examine the documentation presented and will report about its admission in a 15 days time. The resolution adopted by the Bureau of Congress will be notified to the Commission that promotes the iniciative and will also be published according with the Standing Orders of the Congress. People’s Legislative Iniciative Act 3/1984 Section 6Amparo ante el Tribunal Constitucional 1. Against the decission of the Bureau of Congress that decides not to admit the citizens’ iniciative, the Commission that presents the iniciative can appeal for protection to the Constitutional Court ( recurso de amparo). 2. If the Constitutional Court decides that the citizens’ iniciative should be admited, then the procedure continues in Congress. 3. If the Constitutional Court decides that the flaws shown by the citizens’ iniciative affect to some of the sections of that iniciative, then the Bureau of Congress will communicate this to the Commission that presented the iniciative so that this Commission decides whether to withdraw the iniciative or to continue presenting it, once the corrections of the flaws are done.
Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 5 People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 6
Last updated: 2006-11-23 17:59:41 UTC

a. An automatic check is part of the initiative process

Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 5 a
Last updated: 2005-04-14 14:39:57 UTC

d. Legislature

e. Judiciary

Comments: In Spain we only have citizens’ legislative initiative.
Source: People’s Legislative Iniciative Act 3/1984 Section 5 The Bureau of Congress will examine the documentation presented and will report about its admission in a 15 days time. The resolution adopted by the Bureau of Congress will be notified to the Commission that promotes the iniciative and will also be published according with the Standing Orders of the Congress. People’s Legislative Iniciative Act 3/1984 Section 6Amparo ante el Tribunal Constitucional 1. Against the decission of the Bureau of Congress that decides not to admit the citizens’ iniciative, the Commission that presents the iniciative can appeal for protection to the Constitutional Court ( recurso de amparo). 2. If the Constitutional Court decides that the citizens’ iniciative should be admited, then the procedure continues in Congress. 3. If the Constitutional Court decides that the flaws shown by the citizens’ iniciative affect to some of the sections of that iniciative, then the Bureau of Congress will communicate this to the Commission that presented the iniciative so that this Commission decides whether to withdraw the iniciative or to continue presenting it, once the corrections of the flaws are done.
Last updated: 2006-11-23 17:59:41 UTC

a. After its registration, before the collection of signatures

Comments: People’s Legislative Iniciative Act 3/1984.
Last updated: 2005-04-18 12:50:08 UTC

g. Not applicable

Last updated: 2005-04-14 15:12:12 UTC

d. Not at all

Last updated: 2005-04-14 14:42:54 UTC

e. Not applicable

Comments: See question C.12.1.
Last updated: 2005-04-14 15:12:54 UTC

f. Not applicable

Comments: See question C.12.1.
Last updated: 2005-04-14 15:13:24 UTC

f. Not applicable

Comments: In Spain there is only regulation on the People’s Legislative Iniciative (Act 3/1984) but not on citizens’ initiative to ask for the calling of referendums.
Last updated: 2005-04-18 12:52:49 UTC

d. Not applicable

Comments: In Spain there is only regulation on the People’s Legislative Initiative (Act 3/1984) but not on citizens’ initiative to ask for the calling of referendums.
Last updated: 2005-04-18 12:59:00 UTC

k. Not applicable

Last updated: 2005-04-18 09:05:49 UTC

d. Not applicable

Last updated: 2005-04-18 09:06:33 UTC

c. Not applicable

Last updated: 2005-04-18 09:07:21 UTC

c. Not applicable

Last updated: 2005-04-18 09:07:43 UTC

Last updated: 2005-04-14 14:49:33 UTC

a. Fixed number at least 500.000

Source: Spanish Constitution 1978 Section 87.3. An organic act shall lay down the manner and the requirements of the popular initiative for submission of non-governmental bills. In any case, no less than 500.000 authenticated signatures shall be required. This initiative shall not be allowed on matters concerning organic acts, taxation, international affairs or the prerogative of pardon. People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm
Last updated: 2006-11-23 17:59:41 UTC

e. Not applicable (X)

Last updated: 2005-04-18 09:15:32 UTC

a. Fixed time period (specify)

Comments: Comments: People’s Legislative Initiative Act 3/1984 Section 7 The beginning of the collection of signatures and its deadline. 1. Once the citizen’s initiative is admitted, the Bureau of Congress communicates it to the Central Electoral Committee that will guarantee the regularity of the collecting of the signatures. 2. The Central Electoral Committee will notify to the Commission that presented the citizens’ initiative that they can begin to collect the signatures. 3 . The procedure of collecting the signatures must come to an end when the signatures are handed to the Provincial Electoral Boards in a six months’ time, counting from the Central Electoral Committee’s notification of paragraph 2. This period of time can be increased up to three more months when some event can justify it, according to the Congress’s Bureau decission. When the dealine is reached and the required signatures have not been presented, the citizens’ initiative falls.
Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 7
Last updated: 2006-11-23 17:59:41 UTC

c. Not applicable

Last updated: 2005-04-18 09:16:11 UTC

a. Signatories must be registered

Comments: Comments: People’s Legislative Iniciative Act 3/1984 Section 9 Authenticacion of signatures. 1. Besides the elector’s signature there should be written down his/her name, the National Identity Card number, and the municipality in which electoral lists is registered. 2. The signature must be authenticated by a Notary public, by a Judiciary Secretary or by the municipal Secretary that works at the municipality where the elector that has signed is registered. This authentication must record the date when it has been done and it could be a colective authentication, page by page. In this case, the number of signatures contained in each page must be written down besides the date of the authentication.
Source: Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 9
Last updated: 2006-11-23 17:59:41 UTC

e. Not applicable

Last updated: 2005-04-18 09:17:31 UTC

e. Not applicable (X)

Last updated: 2005-04-18 09:19:34 UTC

c. Not applicable

Last updated: 2005-04-18 09:20:25 UTC

a. Anywhere

Last updated: 2005-04-14 14:59:19 UTC

g. Not applicable

Last updated: 2005-04-18 09:22:14 UTC

g. Not applicable

Last updated: 2005-04-18 09:22:32 UTC

a. Signatories must provide identity/voting card number

Comments: People’s Legislative Iniciative Act 3/1984 Section 9 Authenticacion of signatures. 1. Besides the elector’s signature there should be written down his/her name, the National Identity Card number, and the municipality in which electoral lists is registered.
Source: People’s Legislative Iniciative Act 3/1984 http://www.igsap.map.es/cia/dispo/24621.htm Section 9
Last updated: 2006-11-23 17:59:41 UTC

e. Not applicable

Last updated: 2005-04-18 09:23:25 UTC

e. Not applicable

Last updated: 2005-04-18 09:24:33 UTC

a. Name of Institution Dirección General de Política Interior, Ministerio del Interior
b. Full Address Calle Amador de los Ríos, 3, 28071 Madrid, Spain
c. Telephone 0034 91 537 13 10
d. Facsimile 0034 91 390 60 00
e. Email aclopez@amador.mir.es
f. Website Address www.mir.es
g. Name and Title of Chairperson/President Sra. María del Rosario García Mahamut. Director General de Política Interior.
h. Information Officer Ana Cristina López López. Head of Scope on Electoral Cooperation.
i. Official language of the electoral law governing national elections Spanish

Comments: Concerning the highest electoral authority, in charge of the electoral results and the completion of the electoral law: Name of Institution: Junta Electoral Central Full Address: Calle Floridablanca s/n, Congreso de los Diputados 28071 Madrid, Spain Telephone: 0034 91.390.60.00 E-mail:servicio.informacion@sgral.congreso.es Website Address: www.congreso.es (click on elecciones, then click on Junta Electoral Central) Name and Title of Chairperson/President: Excmo.Sr. D. Enrique Cáncer Lalanne.
Source: Ana Cristina López López. Head of Scope on Electoral Cooperation.
Last updated: 2004-05-26 08:18:46 UTC

a. National level

c. Local level

d. Other kinds of elections (church, union, etc.) Please specify.

Comments: d.) Elections for European Parliament. There are central, provincial and area councils, and electoral councils of the autonomous communities. However, the National Electoral Body (la Junta Electoral Central) has the overall responsibility and is in charge of regional elections.
Source: Electoral Act (LOREG 5/1985), Art. 8, 19, 20 and 21.
Last updated: Thu, 20 Mar 2003 10:21:59 GMT

c. The legislature

Source: Constitution (1978), Art. 97, 98 and 108. Electoral Act (LOREG 5/1985), Art. 16.
Last updated: Tue, 28 Jan 2003 14:42:11 GMT

c. The legislature

Source: Electoral Act (LOREG 5/1985), Art. 13(1).
Last updated: Tue, 28 Jan 2003 14:43:56 GMT

c. The legislature

Source: Constitution (1978), Art. 136. Electoral Act (LOREG 5/1985), Art. 13 and 14.
Last updated: Tue, 28 Jan 2003 14:46:16 GMT

c. For an unspecified period

Comments: The Ministry of Interior, which is the body that manages elections, is permanent. The Central Electoral Committee (Junta Electoral Central), which is in charge of guaranteeing the transparency, objectivity and equality of the electoral processes, is composed of eleven members who are in office for a period of 4 years. Eight members are part of the judiciary and they are appointed by the organ of government of the Judiciary, and five of them are proposed from the parties with congressional representation. Among those chosen, there are proffesors of law, political sciences and sociology.
Source: Electoral Act (LOREG 5/1985), Art. 9.
Last updated: Thu, 20 Mar 2003 10:27:51 GMT

e. Governmental appointment

Comments: e.) Appointed by the "Director General de Política Interior". The President of the Central Electoral Committee is elected by all its members and chosen from the 8 judges who integrate this Committee.
Source: Electoral Act (LOREG 5/1985), Art. 9.
Last updated: Thu, 20 Mar 2003 10:35:51 GMT

Comments: No data available at the present time.
Source: Ms. Lucía Ortiz
Last updated: Mon, 10 Sep 2001 13:34:51 GMT

a. Total number: 39852651

Source: Ms. Lucía Ortiz
Last updated: Thu, 04 Jul 2002 03:41:40 GMT

Comments: No data available at the present time.
Last updated: Wed, 12 Jun 2002 13:58:26 GMT

Comments: No data available at the present time.
Source: Ms. Lucía Ortiz
Last updated: Mon, 10 Sep 2001 13:33:05 GMT

g. Inherited monarchy

Source: Constitution (1978), Title II.
Last updated: Tue, 28 Jan 2003 09:54:41 GMT

c. Indirectly elected by legislature/chosen by parliament

Comments: The King, consulting with the representatives elected by the political groups represented in parliament, and through the President of the House of Representatives, proposes a candidate for the Presidency of the Government. The House of Representatives, by an absolute majority of its members, approves/disapproves the candidate, whereupon the King appoints him President.
Source: Constitution (1978), Art.98 and 99.
Last updated: Tue, 28 Jan 2003 10:05:11 GMT

a. Yes

Comments: The Head of government is the president and he/she is proposed by the monarch and elected by the National Assembly following legislative elections.
Source: Constitution (1978), Art. 98.
Last updated: Thu, 20 Mar 2003 09:04:11 GMT

b. Two chambers

Source: Constitution (1978), Title III.
Last updated: Tue, 28 Jan 2003 10:08:07 GMT

g. List Proportional Representation

Source: Constitution (1978), Art. 68.
Last updated: Tue, 28 Jan 2003 10:09:04 GMT

l. Other

Comments: Combination of territorial and population proportional representation.
Source: Constitution (1978), Art. 69. Electoral Act (LOREG 5/1985), Art. 165.
Last updated: Tue, 28 Jan 2003 10:11:26 GMT

a. d'Hondt Formula

Comments: Blocked party lists and the d'Hondt system of proportional representation is used.
Source: Electoral Act (LOREG 5/1985), Art. 162 and 163.
Last updated: Tue, 28 Jan 2003 10:19:24 GMT

c. Regional/provincial level

Comments: 350 members: a) 2 seats minimum per province (50 provinces = 50 constituencies ), the rest allotted according to each provinces' population. b) 2 single-seat constituencies (Autonomous Cities of Ceuta and Melilla.)
Source: Constitution (1978), Art. 68.
Last updated: Tue, 28 Jan 2003 10:28:10 GMT

c. Regional or provincial level

Comments: Directly elected Senators: 52 multi-member constituencies corresponding to the Spanish provinces as well as to Ceuta and Melilla. Voters from a provincial constituency may give their vote to a maximum of 3 Senators; Voters from some islands (Gran Canaria, Mallorca, Tenerife) as well as from Ceuta and Melilla can elect up to 2 Senators each; the rest of island constituencies can only elect one Senator. Indirectly elected Senators: In each of the 17 Autonomous Communities the Legislative Assembly elects one Senator, plus one more for each 1,000,000 inhabitants.
Source: Constitution (1978), Art. 69(2). Electoral Act (LOREG,5/1985), Title II.
Last updated: Thu, 20 Mar 2003 09:06:11 GMT

b. No

Comments: There should be a minimum of 2 seats per province. Some political parties set a 25 % quota of women in their lists. However, this is not regulated.
Source: Electoral Act (LOREG,5/1985), Art. 162.
Last updated: Tue, 28 Jan 2003 10:33:26 GMT

e. Not applicable N/A

Comments: There are no seats reserved for any interest groups.
Source: Electoral Act (LOREG,5/1985),Art. 162.
Last updated: Tue, 28 Jan 2003 10:34:51 GMT

b. No

Source: Electoral Act (LOREG,5/1985), Art. 165 and 166.
Last updated: Tue, 28 Jan 2003 10:35:42 GMT

e. Not applicable N/A

Comments: No seats are reserved for any interest group.
Source: Electoral Act (LOREG,5/1985), Art. 165 and 166.
Last updated: Tue, 28 Jan 2003 10:36:41 GMT

b. Specify the percentage:

Comments: Minimum of 3 % required.
Source: Electoral Act (LOREG,5/1985), Art. 163(1).
Last updated: Tue, 28 Jan 2003 10:38:21 GMT

a. No minimum

Comments: It depends on the Province and the population that inhabits it.
Source: Electoral Act (LOREG,5/1985), Art. 166(1b).
Last updated: Thu, 20 Mar 2003 09:09:59 GMT

b. Specify the percentage:

Comments: b.) 3% This percentage applies to all candidatures regardless of them being independent or not.
Source: Electoral Act (LOREG,5/1985), Art. 163(1).
Last updated: Wed, 19 Mar 2003 14:42:00 GMT

a. No minimum

Source: Electoral Act (LOREG,5/1985), Art. 166.p>
Last updated: Tue, 28 Jan 2003 10:43:38 GMT

a. At fixed intervals (specify length)

c. On a fixed day of the week (specify day, specify if holiday)

Comments: Elections are held every four (4) years. Both chambers can be dissolved by the Head of Government and elections can be called in advance.
Source: Constitution (1978), Art. 68(4). Electoral Act (LOREG,5/1985), Art. 167(3).
Last updated: Thu, 20 Mar 2003 09:11:59 GMT

a. At fixed intervals (specify length)

Comments: Elections are held every four (4) years. Both chambers can be dissolved by the Head of Government and elections can be called in advance.
Source: Constitution (1978), Art. 69(6).
Last updated: Thu, 20 Mar 2003 09:13:11 GMT

a. Voting takes place on one day

Comments: They take place from 9am to 8pm.
Source: Electoral Act (LOREG,5/1985), Art. 72-75 and 84.
Last updated: Tue, 28 Jan 2003 10:59:37 GMT

a. Voting takes place on one day

Source: Electoral Act (LOREG,5/1985), Art. 72-75 and 84.
Last updated: Tue, 28 Jan 2003 11:01:55 GMT

a. Part of Constitution

b. Separate legislation

Comments: The Constitution indicates that certain issues such as fundamental rights, the Statutes of the regions or the electoral law, among others, might be regulated by an Organic Law which requires an absolute majority in Congress.
Source: Constitution (1978), Art. 81. Electoral Act (LOREG,5/1985), Art. 1. Ley Orgánica (2/1980, Referendum).
Last updated: Wed, 19 Mar 2003 14:52:19 GMT

a. January 2000 or later

Comments: Last version of the electoral act is from June 16, 1985. Last amendment: Ley Orgánica is from June 27, 2002.
Source: Electoral Act (LOREG, 5/1985). Ley Orgánica (6/2002).
Last updated: Tue, 11 Feb 2003 13:21:57 GMT

a. National elections

b. Regional elections

c. Local elections

e. Other

Comments: b.) Regional elections are covered partly by the national electoral law because the Autonomous Communities can promulgate electoral laws for elections held in their territories. e.) Elections for the European Parliament.
Source: Electoral Act (LOREG,5/1985), Art. 1.
Last updated: Thu, 20 Mar 2003 09:19:07 GMT

a. Voting is voluntary

Source: Constitution (1978), Art. 23(1), 68(1), 69(2) and 140(1). Electoral Act (LOREG,5/1985), Art. 5.
Last updated: Tue, 28 Jan 2003 11:18:50 GMT

a. National elections are not held on the same day as regional or local elections

Comments: The LOREG does not mention any specific prohibition for this, but the electoral experience shows different elections on the same day for regional and local elections, not national elections.
Source: Electoral Act (LOREG,5/1985), Art. 15(1), 16(7), 42(1), 42(2) and 218.
Last updated: Tue, 28 Jan 2003 11:20:52 GMT

c. Not applicable

Comments: The President is proposed by the monarch and is indirectly elected by the National Assembly.
Source: Constitution (1978), Art. 98 and 99.
Last updated: Tue, 28 Jan 2003 11:23:30 GMT

a. Judiciary

Source: Electoral Act (LOREG,5/1985), Art. 49, 109 and 112.
Last updated: Tue, 28 Jan 2003 13:35:29 GMT

h. Not applicable

Source: Electoral Act (LOREG,5/1985), Art. 49, 109 and 112.<
Last updated: Tue, 28 Jan 2003 13:52:39 GMT

a. Candidates

b. Parties

e. Other

Comments: The agents of the parties that took part in the elections in that constituency.
Source: Electoral Act (LOREG,5/1985), Art. 110.
Last updated: Tue, 28 Jan 2003 13:58:18 GMT

b. Constitutional (or similar) Court

c. Superior Court

Source: Electoral Act (LOREG,5/1985), Art. 49 and 112.
Last updated: Tue, 28 Jan 2003 14:01:12 GMT

b. Legislative Committee

f. Other

Comments: f. The only bodies which can initiate a reform of the Organic Law are the government and/or the Congress and Senate.
Source: Constitution (1978), Art 75, 81 and 87.
Last updated: Thu, 20 Mar 2003 09:25:52 GMT

Last updated: 2007-01-17 09:21:19 UTC

Last updated: 2007-01-17 09:21:19 UTC

Last updated: 2007-01-17 09:21:19 UTC

Last updated: 2007-01-17 09:21:19 UTC

Last updated: 2007-01-17 09:21:19 UTC

Last updated: 2007-01-17 09:21:19 UTC

c. Based on result of previous election

Comments: a) Applies to free broadcast time.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns"
Last updated: 2007-01-17 09:21:19 UTC

a. Amount (Euros) X

Comments: Although there is no specified maximum amount, the election law stipulates that political advertising in the media should not exceed 20% of a party’s total campaign expenditures.
Source: OSCE election observation mission, 2004: http://www.osce.org/documents/odihr/2004/04/2777_en.pdf
Last updated: 2007-02-09 13:37:53 UTC

Last updated: 2007-01-17 09:21:19 UTC

Last updated: 2007-01-17 09:21:19 UTC

Last updated: 2007-01-17 09:21:19 UTC

Last updated: 2007-01-17 09:21:19 UTC

c. No

Comments: OSCE election observation mission, 2004: The election law also contains provisions regarding televised debates, although in practice such debates among the leading candidates are not commonly held in Spain. In the lead up to the 14 March elections, public television reserved air time for a debate among interested candidates, without specifying how many or whom among them should participate. Unfortunately, however, the political parties failed to reach agreement on format and participation, so no televised debates were held, depriving the public of a potentially important opportunity to become more informed about the candidates and to compare their programs and points of view. Instead, public television aired interviews with individual candidates.
Source: OSCE election observation mission, 2004: http://www.osce.org/documents/odihr/2004/04/2777_en.pdf
Last updated: 2007-02-09 13:37:53 UTC

Last updated: 2007-01-17 09:21:19 UTC

c. 4-5 days

Comments: OSCE election observation mission, 2004: "Under provisions of the election law, any published polls relating to the election must set out the polling methodology, which can be challenged by electoral authorities. Publication of polls within five days of the voting is prohibited. If a poll is conducted by a State body, its results must be disclosed to election participants within 48 hours, upon request."
Source: OSCE election observation mission, 2004: http://www.osce.org/documents/odihr/2004/04/2777_en.pdf
Last updated: 2007-02-09 13:37:53 UTC

f. Other

Comments: There are two main requirements: 1) To be in the Ministry of Interior's Register for Political Parties 2) To have appointed the repreesentatives to its candidatures to the Electoral Administration. In order to create a Political Party it is required that, at least three promoters present the Party Statutes in the register of Political Parties of the Ministry of Interior, by a notarial Deed.
Source: Ley Orgánica (6/2002). Electoral Act (LOREG 5/1985), Art.43.
Last updated: 2006-11-20 14:31:55 UTC

f. Other

Comments: There are two main requirements: To be in the Register for Political Parties and to appoint a representative with regards to the Electoral Administration.In order to create a Political Party it is required that, at least three promoters present the Party Statutes in the register of Political Parties of the Ministry of Interior, by a notarial Deed.
Source: Ley Orgánica (6/2002).p> Electoral Act (LOREG 5/1985), Art. 32(1).
Last updated: 2006-11-20 14:31:55 UTC

a. Age

b. Citizenship

f. Registration

Source: Electoral Act (LOREG 5/1985), Art. 6 and 46.
Last updated: 2006-11-20 14:31:55 UTC

a. Age

b. Citizenship

f. Registration

Source: Electoral Act (LOREG 5/1985), Art. 6 and 46.<
Last updated: 2006-11-20 14:31:55 UTC

k. Not applicable

Comments: The president is indirectly elected by the national legislature.
Source: Constitution (1978), Art. 98 and 99.
Last updated: Mon, 03 Feb 2003 19:26:53 GMT

a. Current criminal incarceration

f. Holding of military office

n. Holding of other public offices (police etc.)

o. Other

Comments: o.)Reasons for being totally or parcially ineligible: Members of Royal family, Presidents of Constitutional Court, Supreme Court, Financing Court, State Council, Members of Magistry in service, Chiefs of Diplomatic Missions in third countries, Directors of public television and radio stations, etc.
Source: Electoral Act (LOREG 5/1985), Art. 6.
Last updated: 2006-11-20 14:31:55 UTC

o. Not applicable

Comments: The President is indirectly elected by the national legislature.
Source: Constitution (1978), Art. 98 and 99.
Last updated: Mon, 03 Feb 2003 19:33:42 GMT

c. In legislative elections (Chamber 1)

d. In legislative elections (Chamber 2)

Source: Electoral Act (LOREG 5/1985), Art. 43, 44 and 168.
Last updated: 2006-11-20 14:31:55 UTC

a. Signature requirement (specify)

Comments: The minimum number of signatures for an electors' group depends on the type of election. For national elections 1% of signatures -of voters in the voter roll- is required. Other requisites are: name, acronym and symbol of the party or group, name and last name of the candidate; certificate of eligibility to be elected.
Source: Electoral Act (LOREG 5/1985), Art. 46, 149 and 169.
Last updated: 2006-11-20 14:31:55 UTC

a. Signature requirement (specify)

d. Other

Comments: The minimum number of signatures for a electors group depends on the type of election. In the General elections it is required a 1% of the voters signatures in the voter roll. Other requisites are: name, acronym and symbol or the party or group, name and last name of the candidate; certificate of being able to be elected. It may be specified on each candidate his/her independency status. In case of a group of electors, it is also required to certify a minimun number of signatures to participate in elections.
Source: Electoral Act (LOREG 5/1985), Art. 46, 149 and 169.
Last updated: 2006-11-20 14:31:55 UTC

e. Not Applicable

Comments: The President is indirectly elected by the national legislature.
Source: Constitution (1978), Art. 98 and 99.
Last updated: Mon, 03 Feb 2003 19:40:07 GMT

b. Direct

c. Indirect

Source: Electoral Act (LOREG 5/1985), Art. 124 and 127. Ley Orgánica (3/1987), Art. 2,3 and 4.
Last updated: 2006-11-20 14:31:55 UTC

c. As related to the election period and between elections

Source: Electoral Act (LOREG 5/1985), Art. 124 and 127. Ley Orgánica (3/1987), Art. 2,3 and 4.
Last updated: 2006-11-20 14:31:55 UTC

a. Free media access

Source: Ley Orgánica (3/1987), Art. 3. Electoral Act (LOREG 5/1985), Art. 60(2).
Last updated: 2006-11-20 14:31:55 UTC

e. Other

Comments: e) Based on the result of the present election.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns"
Last updated: 2006-11-20 14:31:55 UTC

a. General party administration

b. Election campaign activities

Source: Léy Organica (3/1987), Art. 3 Electoral Law,(LOREG,5/1985), Art.60(2).
Last updated: 2006-11-20 14:31:55 UTC

a. Yes

Comments: Private funding: from inheritance, credits, membership fees, and activities done by the political party itself.
Source: Electoral Law, (LOREG,5/1985), Art. 124,127. Ley Orgánica (3/1987), Art. 2,3,4.
Last updated: 2006-11-20 14:31:55 UTC

c. As related to the election period and between elections

Source: Ley Orgáncia (3/1987), Art. 2,4,5,6,7,8.
Last updated: 2006-11-20 14:31:55 UTC

d. Ceilings on how much money a party can raise

Comments: Controlled by Tribunal de Cuentas (Audit Office).
Source: Ley Orgánica (3/1987), Art. 2,4,5,6,7,8,11.
Last updated: Sun, 09 Feb 2003 12:34:21 GMT

d. Ceilings on how much money a candidate can raise

i. Other

Comments: Political parties should have a system of self control and they are not permitted to receive anonymous donations, which are larger then the 5% of the total contribution assigned by the state annually.
Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Wed, 12 Feb 2003 16:00:13 GMT

d. Other

Comments: Tribunal de Cuentas (Audit Office)
Source: Ley Orgánica (3/1987), Art. 11 (1).
Last updated: 2006-11-20 14:31:55 UTC

b. Multi-ballot (each party has own ballot, voter picks one ballot and places in envelope)

Comments: Ballots of different colours are used for different parties.
Source: Electoral Act (LOREG,5/1985),Art. 172.
Last updated: Fri, 14 Feb 2003 08:47:09 GMT

e. Ability to vote for candidates within parties (personal vote)

i. Party symbols in black and white

q. Multilingual

r. Other

Comments: Possibility of marking candidates.
Source: Electoral Act(LOREG,5/1985),Art. 172.<
Last updated: Fri, 14 Feb 2003 08:47:41 GMT

s. Not Applicable

Comments: The President is indirectly elected by the national legislature.
Source: Constitution (1978), Art. 98, 99.
Last updated: Sun, 09 Feb 2003 13:10:15 GMT

a. At the polling stations

Source: Electoral Act (LOREG,5/1985), Art. 95.
Last updated: Fri, 14 Feb 2003 08:48:17 GMT

f. Each ballot paper held up for public scrutiny, with name of party/candidate called out loud

l. Counted by hand

p. Copies of results of the count are publicly posted at the counting site immediately on the completion of the count

q. Copies of results are provided to observers

r. Observers and party agents are permitted to take their own copies of the results

Source: Electoral Act (LOREG,5/1985), Art. 95, 96, 98.
Last updated: Fri, 14 Feb 2003 08:48:46 GMT

e. National level

Comments: The provisionary results are collected by phone by the Ministry of the Interior and they are then gathered by a NationWide Center from where they are transmitted to media and citizens.
Source: Electoral Act (LOREG,5/1985), Art. 98-108.
Last updated: Fri, 14 Feb 2003 08:49:09 GMT

b. District level

Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Tue, 11 Feb 2003 15:28:46 GMT

a. Physically transported

b. By telephone

g. Internet

Source: Electoral Act (LOREG,5/1985), Art.100,101.
Last updated: Fri, 14 Feb 2003 08:50:03 GMT

f. Certificate of result

Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Tue, 11 Feb 2003 15:30:06 GMT

c. Signatures on sealed envelopes

e. Accompanied by election officials

h. Accompanied by police or other security personnel

Source: Electoral Act (LOREG,5/1985),Art. 101,102.
Last updated: Fri, 14 Feb 2003 08:51:21 GMT

b. Always recounted

Comments: There is a procedure to follow for the final results collection. It starts at the polling table. Once the voting act is completed and signed, the polling table officials prepare three copies of it. The first two are delivered by the polling officials themselves, helped by the armed forces and national police, to the Court of the correspondent constituency. In the following 10 days, the Judge will personally deliver one copy of the electoral act to the Electoral Council in charge of the tally, keeping the second copy in the Court's records. The third copy is postal delivered to the Central Electoral Council. The scrutiny or tally takes place within the decentralized Electoral Councils. Not later than 6 days after the beginning of the tally, the results are communicated to the Central Electoral Committee.
Source: Electoral Act (LOREG,5/1985), Art. 103-109.
Last updated: Fri, 14 Feb 2003 09:02:27 GMT

e. Not applicable

Comments: Ballots are always recounted.
Source: Electoral Act (LOREG,5/1985), Art. 103-109.
Last updated: Fri, 14 Feb 2003 09:02:51 GMT

g. Not applicable

Comments: Ballots are always recounted.
Source: Electoral Act (LOREG,5/1985), Art. 103-109.
Last updated: Fri, 14 Feb 2003 09:03:18 GMT

b. Regional Election Management body

j. Not applicable

Source: Electoral Act(LOREG,5/1985), Art. 103-108.
Last updated: Fri, 14 Feb 2003 09:03:40 GMT

a. Yes

Source: Electoral Act (LOREG,5/1985), Art. 98(2).
Last updated: Fri, 14 Feb 2003 09:04:04 GMT

a. hours: 2

Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Tue, 11 Feb 2003 15:33:22 GMT

a. Yes

Source: Electoral Act (LOREG,5/1985), Art. 103-105.
Last updated: Fri, 14 Feb 2003 09:09:38 GMT

b. days:

Comments: Approximately 8 to 10 days maximum.
Source: Electoral Act (LOREG,5/1985), Art. 107,108.
Last updated: Thu, 20 Mar 2003 11:00:10 GMT

a. National Electoral Management Body

d. National Government

Comments: The Ministry of Interior has the main role as the manager of the logistics of the electoral process, following the Central Electoral Committee directions.
Source: Electoral Act (LOREG 5/1985), Art. 50(1).
Last updated: Mon, 03 Feb 2003 18:50:56 GMT

b. Election time only

Source: Electoral Act (LOREG 5/1985), Art. 50(1).
Last updated: Mon, 03 Feb 2003 18:52:48 GMT

a. No

Source: Electoral Act (LOREG 5/1985), Art. 50(1).
Last updated: Wed, 19 Mar 2003 15:18:22 GMT

a. Poster/ Billboard campaigns

b. Media advertisement

g. Internet

Comments: By the Ministry of Interior
Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Wed, 12 Jun 2002 14:34:16 GMT

i. Not applicable

Source: Ms Ana Cristina López, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Wed, 19 Mar 2003 15:20:16 GMT

h. Not applicable

Comments: No special voter education programs were developed for any particular group.
Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Wed, 12 Jun 2002 14:37:01 GMT

a. 91-100%

Comments: Enterprise INDRA and National enterprises of printing.
Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Sun, 09 Feb 2003 12:41:54 GMT

b. No

Comments: But, the officials' duties and punishments for electoral crimes are stated in the electoral law.
Source: Electoral Act (LOREG,5/1985), Art. 90, 91, 135-150.
Last updated: Fri, 14 Feb 2003 08:38:07 GMT

a. At a specified polling station in the locality where they are registered at national elections

f. By mail

h. By proxy

j. Other

Comments: Special procedures for personnel in the military, in peace missions, etc.
Source: Electoral Act(LOREG, 5/1985), Art. 72, 74, 75, 79(1), 86.
Last updated: Fri, 14 Feb 2003 08:38:31 GMT

b. Citizens residing outside the country

Source: Electoral Act (LOREG, 5/1985), Art. 72, 74, 75, 79(1), 86.
Last updated: Fri, 14 Feb 2003 08:38:55 GMT

b. Consulates

e. By mail

Source: Ley Orgánica (3/1995).
Last updated: Sun, 09 Feb 2003 12:53:47 GMT

b. Yes

Source: Electoral Act (LOREG,5/1985), Art. 72.
Last updated: Fri, 14 Feb 2003 08:39:30 GMT

b. By mail

Source: Electoral Act, (LOREG,5/1985), Art. 72.
Last updated: Fri, 14 Feb 2003 08:39:54 GMT

a. Everyone

Comments: Previous request to vote by mail.
Source: Electoral Act, (LOREG,5/1985), Art. 72.
Last updated: Fri, 14 Feb 2003 08:40:15 GMT

a. Yes

Source: Electoral Act, (LOREG,5/1985), Art. 23.
Last updated: Fri, 14 Feb 2003 08:40:39 GMT

a. Yes, the maximum capacity is: 2000

Source: Electoral Act(LOREG,5/1985) Art. 23.
Last updated: Fri, 14 Feb 2003 08:41:03 GMT

a. By manually marking the ballot

Source: Electoral Act(LOREG,5/1985), Art. 86.
Last updated: Fri, 14 Feb 2003 08:41:25 GMT

a. The smallest polling station: 3
b. The largest polling station: 3

Source: Electoral Act (LOREG,5/1985), Art. 25.
Last updated: Fri, 14 Feb 2003 08:41:59 GMT

Comments: There is a manual for the polling officials
Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Wed, 12 Jun 2002 15:34:28 GMT

Comments: There is a manual for the polling officials
Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes.
Last updated: Wed, 12 Jun 2002 15:35:37 GMT

c. 18

Source: Electoral Act (LOREG 5/1985), Art. 2(1). Constitution (1978), Art. 12.
Last updated: Tue, 28 Jan 2003 16:21:05 GMT

a. Citizenship

Comments:
Source: Electoral Act (LOREG 5/1985), Art. 31 and 176. Constitution (1978), Art. 13(2).
Last updated: Tue, 28 Jan 2003 16:24:52 GMT

a. Criminal Incarceration

d. Mental disability

e. Military Service

h. Other

Comments: h. Certain high-ranking government officials, political and public posts, members of the armed forces, members of the assembly of an Autonomous Community, and Members of an electoral committee (junta).
Source: Electoral Act (LOREG 5/1985), Art. 3.
Last updated: Tue, 28 Jan 2003 16:27:17 GMT

d. Election Management Body (specify)

Comments: The Electoral Census office develops the Electoral Census under the supervision of the JCE. The Ministry of Interior has a co-ordinator role as there are several other bodies that take part in the electoral administration.
Source: Electoral Act (LOREG 5/1985), Art. 29 and 30.
Last updated: Thu, 20 Mar 2003 10:55:42 GMT

a. National citizens register

Comments: Electoral Census obtained from the Municipality's list of inhabitants.
Source: Electoral Act (LOREG 5/1985), Art. 31 and 32.
Last updated: Tue, 28 Jan 2003 16:32:03 GMT

a. Continuously

Comments: a.) Monthly
Source: Electoral Act (LOREG 5/1985), Art. 34(1).
Last updated: Tue, 28 Jan 2003 16:33:45 GMT

a. Links to national population records

j. Other

Comments: j.) Municipalities and Consulates provide data for: up-dating the voters register, informing about changes of residency, first time voters and deaths. Real Decreto 157/1996 stated that the electoral census should be updated on a monthly basis, however, this decree was modified by RD 147/1999 which states that all other European citizens living in Spain have to communicate to the Electoral Roll Office their will to vote in Spain at the local or European Parliamentary elections
Source: Decree 147/1999
Last updated: Wed, 19 Mar 2003 15:12:34 GMT

a. Yes

Comments: The administration is in charge of the permanent updating of the voters register, and informs the citizenship about the collected data, in case it may be necessary to introduce some corrections.
Source: Electoral Act (LOREG 5/1985), Art. 32(1).
Last updated: Tue, 28 Jan 2003 16:36:39 GMT

a. Percentage: 100%

Source: Ms. Lucía Ortiz, Head of Scope on Electoral Cooperation and Deputy Director of Internal Policy and Electoral Processes, Ministry of Interior, Spain.
Last updated: Wed, 12 Jun 2002 14:25:46 GMT