Spain

Table of Contents:

• Exclusion or Potential Exclusion Based on Disability
• Assistive Tools and Policies
• Candidacy or Holding Office

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Article 3.1 states:

The following persons cannot vote…

• (b) those who are declared incompetent by a Court of Law - provided that they are explicitly declared incapable of voting,
• (c) the inmates of psychiatric wards placed there by judicial decree and explicitly declared by a judge incapable of voting…

 

Article 87 states:

Those voters who cannot read or who, being disabled, cannot take the ballot paper or place it inside the envelope and hand it to the President of the Polling Station, can be assisted, to undertake these actions, by a person they rely on.

 

Article 150.1 states:

The public powers that according to their legal competences call an electoral process can carry out during the electoral period an institutional campaign oriented to inform citizens about: the election day, the voting procedure and the requirements and procedure for postal voting, without influencing, in any case, orientation of vote of the electors. This institutional publicity will be carried out in free spaces of the public media of the geographical region corresponding to the electoral process, with enough extent to reach the aims of this campaigns.
 

Article 164.1 states:

In the case of death, disability, or resignation of a deputy, the seat will be given to the candidate, or, where appropriate, to the substitute from the corresponding list, according to the order of placement.

 

Article 166.2 states:

In the case of death, disability, or resignation of a Senator who was directly elected, the vacancy will be covered by his or her substitute designated according to Article 171 of this law.

 

Article 182.1 states:

In the case of death, disability, or resignation of a councilor, the seat will be given to the candidate, or, where appropriate, to the substitute from the corresponding list, according to the order of placement.

 

Article 184, part (f) states:

In the case of death, disability, or resignation of a councilor, the vacancy will be given to the candidate who secured the next highest number of votes.

 

Article 208.1 states:

In the case of death, disability, resignation, or loss of status of the Councillor of a Provincial Deputy, his or her vacancy will be occupied by one of the elected substitutes in the corresponding judicial district according to the established order among them.

 

Article 217 states:

In the case of death, disability, or resignation of a deputy of the European Parliament, the seat will be given to the candidate, or, where appropriate, to the substitute from the corresponding list, according to the order of placement.

 

Excerpts from the Organic Law on the Regime of General Elections (1987, last amended 2007)

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Article 72 states:

Those electors who foresee that they will not be in the district where they can exercise their right to vote, or who cannot be there in person, can send their vote by mail, upon request to the Provincial Delegation of the Electoral Census Office, with the following requirements:

• (a) The elector will request to the corresponding Delegation, from the day of the announcement until the tenth day before election day, a registration certificate in the census. Such a request can be made to any Post Office.
• (b) The request should be made personally. The officer in charge of receiving requests will demand to see a national identity document and verify it matches the signature. Under no circumstances will photocopies of national identity documents be accepted.
• (c) In case of illness or disability that impedes one from making a request in person, whose existence is documented by an official and free medical certificate, the request can be made on behalf of the elector by another person who is authorized by a notary or attorney through a document that is extended individually to each elector, on which there cannot be included multiple electors, nor can one person represent more than one elector…

 

Article 87 states:

Those voters who cannot read or who, being disabled, cannot take the ballot paper or place it inside the envelope and hand it to the President of the Polling Station, can be assisted, to undertake these actions, by a person they rely on.

 

Excerpts from the Organic Law on the Regime of General Elections (1987, last amended 2007)

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Article 164.1 states:

In the case of death, disability, or resignation of a deputy, the seat will be given to the candidate, or, where appropriate, to the substitute from the corresponding list, according to the order of placement.

 

Article 166.2 states:

In the case of death, disability, or resignation of a Senator who was directly elected, the vacancy will be covered by his or her substitute designated according to Article 171 of this law.

 

Article 182.1 states:

In the case of death, disability, or resignation of a councilor, the seat will be given to the candidate, or, where appropriate, to the substitute from the corresponding list, according to the order of placement.

 

Article 184, part (f) states:

In the case of death, disability, or resignation of a councilor, the vacancy will be given to the candidate who secured the next highest number of votes.

 

Article 208.1 states:

In the case of death, disability, resignation, or loss of status of the Councillor of a Provincial Deputy, his or her vacancy will be occupied by one of the elected substitutes in the corresponding judicial district according to the established order among them.

 

Article 217 states:

In the case of death, disability, or resignation of a deputy of the European Parliament, the seat will be given to the candidate, or, where appropriate, to the substitute from the corresponding list, according to the order of placement.

 

Excerpts from the Organic Law on the Regime of General Elections (1987, last amended 2007)