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Home >> Your voice in Europe >> Spain >> Electoral law

Spain - Electoral Law
( Election to the European Parliament: 13 June 2004 )

1. LEGAL BASIS
Organic Law No. 5/1985 of 19 June 1985 on the General Electoral System as amended by Organic Laws Nos. 1/1987 of 2 April 1987, 8/1991 of 13 March 1991, 6/1992 of 2 November 1992, 13/1994 of 30 March 1994, 3/1995 of 23 March 1995, 1/1997 of 30 May 1997, 3/1998 of 15 June 1998, 8/1999 of 21 April 1999, 6/2002 of 27 June 2002 and 1/2003 of 10 March 2003.

Royal Decree No. 605/1999 of 16 April, supplementing the rules on electoral procedures, as amended by Royal Decree No. 1382/2002 of 20 December.

Royal Decree No. 562/1993 on the special procedure for the administration of electoral expenses, as amended by Royal Decree No. 332/1999 of 26 February.

2. ELECTORAL SYSTEM
Proportional representation: at national level (closed and ordered lists).
Allocation of seats: d'Hondt system.
3. REGISTRATION OF CANDIDATES
Deadline for registration: the time limit will be set when the decree calling the election is published, on 20 April 2004 . (The organic law states that candidates must register their candidacy between 15 and 20 days after publication of the decree.)
Deposit: none required.

Conditions: parties, coalitions, federations and groups of voters who have obtained the signatures of 15 000 voters or 50 elected representatives (including members of local councils) may submit ordered lists of candidates.

Incompatibilities: as specified in the 1976 Act. The office of Member of the European Parliament is incompatible with elected office in the Cortes (Spanish national parliament) or with the legislative assembly of one of the autonomous communities (Andalusia, Aragon, Asturias, Balearic Islands, Cantabria, Catalonia, Canaries, Castile-La Mancha, Castile and León, Estrémadura, Galicia, La Rioja, Madrid, Navarra, Basque country, Valencia, Murcia) or one of the autonomous cities (Ceuta and Melilla).
4. POLLING DAY : 13 JUNE 2004 (from 0.00 until 10.00 pm)
Polling hours: 9.00 to 20.00
The count begins: Provisional results will be announced between 22.30 and 23.00 on 13 June.
5. VOTING / STANDING FOR ELECTION
Right to vote: Any EU citizen aged 18 or over and fully entitled to vote in his or her country of origin. Spanish nationals residing abroad are entitled to vote by post.
Right to stand for election: Any EU citizen aged 18 years or over and fully entitled to stand for election in his or her country of origin.
6. ELECTION CAMPAIGN
Funding: the State covers all expenses involved in electoral activities up to a maximum of € 18 030.36 per seat obtained in the EP and € 0.60 per vote obtained. For the elections to the European Parliament, the ceiling for electoral expenses is obtained by multiplying € 0.12 by the number of inhabitants legally resident in the electoral areas required to issue ballot papers.
Official campaign starting date: 38 days after the election is called; duration: 15 days.

Media access: political parties represented in the European Parliament and the national parliament will be allocated broadcasting time on television and radio in proportion to the number of votes obtained by them in previous elections.

Opinion polls: no polls allowed in the 5 days preceding the election.