REAL DECREE-LAW ON ELECTORAL STANDARDS

I

The Law for Political Reform, of four January of a thousand nine hundred and seventy-seven, attributes to the government the power to regulate the first elections to constitute a Congress of three hundred and fifty Deputies and to elect Two hundred seven Senators. It is therefore necessary to establish the rules to govern the electoral process, replacing the complex regulations in force in this field, the result of other historical circumstances and different political options.

The regulatory electoral rules for these first elections must respond to three imperatives: First, strict compliance with the legal provisions of a fundamental rank that determine the number of deputies and Senators, the general rule of the province as electoral constituency-except the peculiarities of Ceuta, Melilla and the Canary Islands and Balearic islands-and the principles that must inspire the electoral system for one and the other In the second term, the organisation of democracy which requires the right to vote This is a free choice between competing policy alternatives in terms of equality; finally, the need to bring this constant of Western democracy into line with the peculiar Spanish circumstances of today, in which it is a matter of introduce institutions and modes for a long time not used.

II

order to achieve these goals, the maximum extent of active and passive suffrage has been set, compatible with the provisions of the Law for Political Reform, so that all the elderly Spaniards will be electors and electors, both for the Congress of Deputies and for the Senate.

However, in order to guarantee the greater objectivity of the process, it has been considered appropriate to introduce a broad picture of inelegibilities, on which the incompatibilities are implemented. They are considered ineligible, on the one hand, the members of those institutions or bodies which, because of their role or vocation, must be alien to any political party of the party, as is the case of the Armed Forces and the Judicial and Fiscal Second, the highest and permanent State Magistratures are also included among the inelegibilities, or those which, by reason of their functions exercisable to one or another territorial level, must assume arbitrary conditions or express positions of impartiality; lastly and taking into account the peculiarities of the here and now Spanish, They consider the holders of charges ineligible, who in the strongest democracies are not, but whose intervention in these first elections could be inconvenient for the purposes of knowing the will of the Spanish people.

III

The electoral organization is in charge of the Central, Provincial and Zone Boards, in which the judges and judges are present, for their very function as guarantors of objectivity and who in any case have to assume the presidency and The management of these meetings; representatives of Legal and Teaching Corporations to whom, logically, the knowledge of the legal and public techniques can be associated and, finally, the electorate itself, in the Central and Provincial Boards, participates through Vocals proposed by the political forces in the field and, in the Juntas de Zone, by means of electors appointed by lot. In this way, it is intended that the organs entrusted to the Electoral Administration should be able to accept those who are best able to ensure their absolute impartiality.

These Boards are responsible for the administration of the census, the organization of the Electoral Sections and Tables, the direction of the electoral process, including the control over the exercise of public liberties during this period, the general scrutiny and proclamation of the effects.

IV

Determined by the Law for Political Reform the total number of Deputies and Senators, it is up to the present Royal Decree-law to distribute that number among the different Spanish provinces.

As for the former, it has been considered convenient to secure an initial number of two deputies per province and divide the rest of the deputies according to the population, attributing one seat for each one hundred and forty-four. Fifteen hundred inhabitants or remains of the population exceeding seventy thousand. In this way, the effects of our irregular demographics are somewhat softened and a greater territorial balance in representation is addressed.

the Senate, the same Law for Political Reform gives each province four senatorial seats, with the exception of the island provinces, each of which is assigned one more seat, in order to guarantee the own representation in the Senate of each island, which constitutes, to only these effects and to the extent possible, an electoral constituency.

The electoral system for the Congress is inspired by proportional representation criteria with complete, blocked and closed nominations, the presentation of which is reserved for the parties and federations established in accordance with the rules governing the right of political association, to the coalitions of these forces which can be formed by mere declaration to the Central Electoral Board, and to the electors themselves who wish to promote determined and non-party candidacies. The distribution of seats will be carried out according to the "d' Hondt" rule, which summarizes in one operation the functioning of the electoral quotient and the computation of remains according to the system of the greater average.

This same rule already represents a powerful correction of the excessive fractionation of parliamentary representations. To this end, the exclusion in the allocation of seats from those lists of candidates who would not have obtained, at least, three percent of the votes cast in the constituency, responds.

As for the Senate, the presentation of individual candidacies under conditions similar to those established in Congress is anticipated. Within the majority voting system, the voting mode has been chosen, so that each voter can vote for up to three candidates, obtaining the four seats corresponding to each district that have gotten the most. number of votes. The criterion of the Law for Political Reform is thus respected, while techniques are being arbitrated to ensure the respect and representation of minorities, which is essential in democracy.

V

The entire electoral process is surrounded by the necessary guarantees to ensure the secrecy of the vote and the purity of the vote, as an instrument of democratic freedoms.

With respect to the former, usual techniques have been introduced into Comparative Law, such as the low vote on and in the cabin, as well as the vote by mail of those who have to issue it instead of the one where they are registered.

Now, the vote cast in these conditions would not ultimately be free if it did not allow for the choice between different terms of a truly plural alternative. To guarantee this plurality and its fruitful concurrency in the conquest of the electorate, a set of forecasts included in the present norms are directed. Such is the case for the regulation of the Electoral Campaign, based on two principles: equal opportunities for all contenders, secured through the information media of public ownership and the adequacy of spaces and (a) the right places for electoral propaganda, and the control of those who administer the electoral process of the entire Campaign and even of the expenses incurred by it, so that no freedom can be inhibited by the abusive exercise of the freedom of movement.

To the same end, they respond to the criminal sanctions, which are sometimes severe, contained in these rules.

Finally, a series of controls, strictly judicial, are intended to ensure the defense of legality throughout the electoral process, so that it is the Judges who ultimately decide on the proclamation or not of the nominations, in accordance with the terms provided for in this Royal Decree-Law, and on the proclamation of the results of the elections.

In its virtue, in the use of the power conferred by article thirteen of the Law of the Courts and by the transitional provision first of the Law for Political Reform, heard the Commission referred to in Article 12 of the first of the aforementioned Laws and on the proposal of the Council of Ministers at its meeting on the 15th of March of a thousand nine hundred and seventy-seven,

DISPONGO:

TITLE FIRST

General provisions

Item one.

The present Royal Decree-Law, in compliance with the provisions of the first transitional provision of the Law for Political Reform, is intended to regulate the first elections to the Congress of Deputies and the Senate. to constitute the new Spanish Courts, in accordance with the provisions of the aforementioned Law.

Item two.

One. All older Spaniards included in the Census will be electors and will be in full use of their civil and political rights.

Two. The right to vote is a personal and non-transferable right.

Article three.

One. All older Spaniards who, by bringing together the quality of elector, will not find any of the causes of ineligibility referred to in the following article.

Two. By way of derogation from the previous paragraph, those who aspire to be proclaimed candidates and are not included in the Electoral Census lists may be so, provided that the application provides evidence that they meet each and every one of the the other conditions or conditions required by these rules.

Article four.

One. They will not be eligible:

a) Government Ministers.

(b) The Undersecretaries, Directors-General of the State Administration and the charges assimilated to them, as well as, in general, those who hold positions or functions which have been conferred by Decree, after deliberation of the Council of Ministers, with the exception of those referred to in paragraph 2 of this Article.

(c) The Presidents of the Supreme Court, the Council of State, the Court of Auditors of the Kingdom and the National Economic Council.

d) The General Officers, Chiefs, Officers, Sub-Officers and Troop Class of the three Armies, Armed Police and Civil Guard Corps, in accordance with the provisions of the Royal Decree-Law decimal/thousand nine hundred and seventy-seven, of February 8.

e) The members of the Judicial and Fiscal career who are in an active position, including those of the municipal courts.

f) The Presidents, Vocals and Secretaries of the Electoral Boards.

g) Civil Governors, Civil Governors and Civil Subgovernors.

h) Government Delegates on the islands and in the cities of Ceuta and Melilla.

i) The Chief Chiefs and Provincial Police Commissioners.

j) The Presidents of National Trade Unions.

k) Those who hold non-elective union positions at the national level.

l) The Presidents and General Delegates of the Social Security Management Entities.

ll) The Presidents and Directors of Autonomous Bodies with competence throughout the national territory.

Two. Nor shall they be eligible by the district or districts in whole or in part within the territorial scope of their jurisdiction:

(a) The Presidents of Diputación, Mancomunidades Interisland and Cabildos, as well as the Mayors of Ayquelos.

b) The General Secretaries of Civil Governments.

c) Regional or provincial Delegates and Heads of Civil Ministries and their Autonomous Bodies.

(d) The Presidents and Directors of the Autonomous Bodies of limited territorial competence.

e) Those who perform non-elective union positions of limited territorial level.

(f) The Presidents, Directors and Provincial Delegates of the Social Security Management Entities, provided that they are free of charge.

Three. The qualification of ineligibility shall proceed, in respect of those who hold the posts referred to in the previous two paragraphs, the eighth day after the publication of the Decree of call of the elections or at any time until the celebration of these.

Four. The position of Diputado is incompatible with the position of Senator.

Five. The grounds for ineligibility referred to in paragraphs (c), (d), (e), (f), (g), (h), (i), (k), (l) and (ll) of paragraph 1 of this Article are also incompatible. Acceptance by a Deputy or a Senator of any such position or function declared incompatible shall lead to the simultaneous waiver of the corresponding seat.

Six. The performance of the charges referred to in paragraph 2 (b), (c), (d), (e) and (f) of this Article is also a cause of incompatibility. The holders of any of them who are elected Members or Senators may not assume the exercise of their duties if, on the date of the establishment of the corresponding Chamber, they have not renounced or ceased the incompatible office. Subsequent acceptance by a Member or Senator of any such charge shall entail the simultaneous waiver of the corresponding seat.

TITLE II

Electoral Organization

CHAPTER FIRST

The Electoral Census and Election Boards

Article five.

One. The electoral organization shall be responsible for the Electoral Boards, which shall be called Central, Provincial and Zone.

Two. The Central Electoral Board shall have its seat in Madrid; the provinces, in the provincial capitals, and those in the area, in the heads of the judicial parties.

The Ceuta and Melilla Zone Boards will accumulate in their respective districts the functions corresponding to the Provincial Electoral Boards.

Three. The Boards shall hold their sessions in their own premises and, failing that, in those where the respective Secretaries exercise their positions.

Four. The necessary appropriations shall be provided for the operation and organisation of the Electoral Boards and the electoral process.

Article six.

The Central Electoral Board shall be presided over by the President of the Supreme Court; the Provinces by the President of the respective Provincial Court, and those of the Area by the corresponding Judge of First Instance and, if exist more than one, by Judge Dean. Case of being vacant the Court of First Instance shall assume the chairmanship of the Board of the municipal or regional Judge of the respective seat.

Item seven.

One. They will be Vowels of the Central Electoral Board:

First. -Five Magistrates of the Supreme Court.

Second. -The longest-serving permanent state counselor in office.

Third. -President of the Royal Academy of Morales and Political Sciences.

Fourth. -President of the Royal Academy of Law and Law.

Fifth. -President of the General Council of the Attorney General.

Sixth. -President of the Board of Dean of the Spanish Notary Colleges.

Seventh. -A Professor of some of the Faculties of Law who radiate in Madrid.

Eighth. -Up to five Vocals, designated by Decree in the form set forth in paragraph three of this article.

Two. The Vowels referred to in the first and seventh numbers of the previous paragraph shall be designated, by means of insaculation, among which on the date of the draw they are in an active situation, but they shall retain the condition of Vocals, although During the electoral period, they move on to another situation or be retired for age. The draw shall be made, respectively, before the President of the Supreme Court and the Rector of the Complutense University, within five days of the publication of these rules. For the sweepstakes between the Supreme Court Magistrates, those who are part of the Chamber which to understand the electoral dispute will be excluded from the Supreme Court's Government.

Three. The designation of the Vocals referred to in the eighth subparagraph of paragraph 1 shall take place after the nominations have been declared. To this end, the associations, federations and coalitions that present candidates in more than twenty-five districts will jointly propose to the Government, among the Catedratics of Law or Academicians, the persons who have to carry out these posts. If such a proposal did not take place before the start of the election campaign, the Government shall provide for its appointment to persons of the above conditions.

Four. The replacement of the Vocals referred to by the numbers three, four, five and six of paragraph one shall be the responsibility of the respective Corporation to designate the effect of its members.

Five. The Vice-Presidency of the Board shall be performed by the Magistrates of the Supreme Court, in the order of their respective seniority.

Six. The institutions and bodies referred to in this Article shall communicate in writing to the Secretary of the Board the names of the persons to whom they belong.

Article eight.

One. They Will Be Vocal of the Provincial Electoral Boards:

First. -Three Magistrates of the Territorial Court, who do not belong to the Administrative-Administrative Chamber referred to in Article seventy-three-point zero, in its absence, from the Provincial Court. Where the number of sufficient Magistrates is not present in the Hearing, they shall be called upon to complete the number of Judges of First Instance and Instruction of the provincial capital, who shall not be the Chair of the Electoral Board of the Zone and, failing that, the Oldest working magistrate of the province-based Magistrature.

Second. -The Dean of the Bar of the Capital or who performs his duties. Its replacement shall be the responsibility of the Governing Board of its members.

Third. -The Dean of the Notary College or the oldest Notary with residence in the capital of the province where there is no College. The replacement, if any, shall be for another Notary of the designated province in order of seniority.

Fourth. -A Professor of the Faculty or Faculties of Law who radiate in the province. In the provinces where there is no law school, but if another university or other university, there will be a Cathechist among those belonging to any of the Faculties there. In the provinces where there will be no university faculties, he will be a Professor of the University Schools, University Colleges or National Institutes of Baccalaureate located in the capital.

Fifth. -Two Vocals appointed by the Chair of the Board in the form set forth in paragraph three of this article.

Two. To the Vocals included in the first and fourth numbers of the previous paragraph, the provisions of paragraph 2 of the preceding article shall apply to them, in the understanding that the draw shall be made before the President of the Hearing and before the Rector of the oldest University of the capital or, failing that, before the Provincial Delegate of the Ministry of Education and Science.

Three. The designation of the Vocals referred to in the fifth subparagraph of paragraph 1 shall take place after the nominations have been declared. To this end, the representatives of the candidates of the district will propose jointly, among the Catedrapists, Academicians and Jurists of recognized prestige resident in the province, the persons who have to carry out these charges. If such a proposal did not take place before the start of the election campaign, the Chairman of the Board shall provide for his appointment to persons of the above conditions.

Four. The Vice-Presidency of the Board shall be performed by the Magistrates of the Hearing, in the order of their respective seniority.

Five. The institutions and bodies referred to in this Article shall communicate in writing to the Secretary of the Board the names of the persons to whom they belong.

Article nine.

One. Will Be Vocal of the Zone Electoral Boards:

First.-The three oldest municipal judges or comarcales in their respective class, excluding the one who, if necessary, has assumed the presidency. If there is not sufficient number of municipal or district judges in the party, the number of people with the highest population of the population shall be completed.

Second. -The Dean of the respective Bar Association. Where the latter does not exist or its Dean forms part of the Central Board or a provincial or a provincial or procedural replacement, it shall be a Vocal of the Area the Advocate exercising more years of the profession among those who reside in the Party judicial.

Third. -Two electors appointed by lot among those who reside in the head of the party and hold at least the title of Bachiller or of First-degree Professional Training. The drawing will be carried out in the presence of the remaining Vocals of the Board of Zone of the day designated for the provisional constitution of the Board and to do so will be excluded previously from the ones who for other condition are already members of a Board Election.

Two. He shall be the Vice-Chair of the Board of the oldest municipal or regional court. In his absence, the oldest Peace Judge of those who are also part of the Board.

Three. The President of the Territorial Hearing and the corresponding Bar shall communicate in writing to the Secretary of the Board the names of the persons to be a member of the respective Electoral Board of the Area.

Four. The Secretaries of the Councils will be delegates of the Zone Electoral Boards in the respective Municipality and will act under the strict dependence of the same.

Article ten.

One. They Shall Be Secretaries:

First. -From the Central Board, the Major Letrado of the Spanish Courts.

Second. -From the Provincial Boards, the Secretary of the Hearing and, if there are several, the oldest.

Third.-From the Zona Juntas, who will perform the Secretariat of the Courts of First Instance concerned. If these forces more than one, he will be the Secretary of the Board of the Dean's Court.

Doss.The Secretaries will have a voice, but will not vote, and will have to assist them in their work of the staff of the Boards; failing that, of which they serve their orders in the offices in which they provide the services of their posts and if necessary from the one they make available, upon request for the purpose, the governmental authority and the Local Administration corporations.

Three. The documentation of any class corresponding to the Boards will be in the custody of the respective Secretaries in the offices where they carry out the charges under which they are called to the Electoral Boards or in the offices where radiate the services ' own services.

Item eleven.

One. The National Statistics Institute will make available to the Central, Provincial and Zone Boards the technical advisors that they claim. The Director of the National Statistics Institute and its provincial delegates will participate, with voice and without a vote, in the Central Board and in the provinces, respectively.

Two. The Ministry of the Interior, through the respective civil governors, will make available to the Electoral Boards, at their request, the human, economic and transportation means necessary for the fulfillment of their functions.

Article twelve.

One. The charges of President, Vocal and Secretary of the Electoral Boards are mandatory. This, however, if a member of the same intends to contest the elections as a candidate, shall inform the respective President at the time of the provisional constitution of the Board, which shall agree to its replacement, which shall be verified designating the replacement subject to the same rules as the replacement designation or those specifically set out in the preceding articles for the substitutions.

Two. When in the same person more than one of the positions attributed to the condition of member of the Electoral Boards falls on the same person, it will be President, Vocal or Secretary only in the Board of superior hierarchy and for the concept in which it appears first designated. The substitutions to be made shall be verified in the manner set out in the preceding paragraph.

Three. The Boards shall be provisionally constituted within eight days of the publication of those rules and on a definitive basis, once the substitutions to which there may have been produced have been produced, within a further seven days, without prejudice to the provisions referred to in Article 7 (3) and Article 8 (3

.

The appointment of members of the Board by the various Institutions, Agencies and Corporations referred to in the above articles must be produced in such a way that the constitution of the Boards in the dates specified in the preceding paragraph.

Four. The Juntas, the President of the Central Board will make the insertion in the "Official Gazette of the State", and the Presidents of the Provincial and Zone Boards in the "Official Gazette" of the respective province, the relationship of their members, specifying the concept in which they are each part of the Board.

Article thirteen.

One. The Electoral Boards shall be convened by their respective President and, where the latter is unable to act for justified reasons, by the Vice-President to whom the replacement is due.

Two. The meetings will be held in the cases and dates indicated in these rules and, in addition, whenever the president considers it necessary or request it from the same three Vocals, being indispensable for the meeting to be held half of the number of its members.

Three. If the first call does not provide sufficient numbers, the Board may be put on a second call, provided that at least 24 hours have elapsed and three members are present at least.

Four. All citations shall be made by means of trade, letter, telegram or any other means of record of the receipt, of the date, of the order of the day and other circumstances of the session to which it is cited. Attendance at sessions shall be compulsory for duly convened members of the Board, who shall incur liability when they cease to attend without having been excused and justified in a timely manner. Such liability shall be required by the Board itself, in accordance with the provisions of Articles 14 and 15.

Five. Notwithstanding the above numbers, the Board shall be deemed to be convened and shall be validly constituted to deal with any matter whenever all its members are present and unanimously accept the holding of the Board.

Six. The agreements shall be adopted by a majority of the votes of the members present, the vote of the President being of quality.

Article fourteen.

Lies with the Central Board:

First. -Direct and inspect how many services refer to the Census.

Second. -Solve the consultations that elevate the Provincial Boards and issue instructions to them regarding their competence.

Third. -Resolve any complaints, complaints, and resources directed to you in accordance with these rules or with any other provisions attributed to you. The Central Board shall be deemed competent to receive and fail claims and resources in all matters of formation, rectification, conservation or census of censuses, and in all electoral acts, provided that no other matters have been established. legal remedies.

Fourth.-Keep the printed copies of the final lists of voters, in the number that they deem appropriate, and agree on how much they relate to their reproduction and dissemination, as well as to the preservation of the files.

Fifth. -Communicate through your President or Secretary, as appropriate, with all authorities and public officials, giving them an account of how much you consider worthy of your knowledge.

Sixth. -Ejercer disciplinary jurisdiction over all persons who intervene with official character in electoral operations and in training, rectification, conservation, or compuse of the Census.

Seventh. -Correct any violations that occur, provided that they are not reserved for the Courts, or impose the fines that it deems relevant, up to the amount of fifty thousand pesetas, according to the provisions of the title VIII of these rules.

Eighth. -Carry out all other functions entrusted to it by these rules and other provisions relating to electoral or census matters.

Article fifteen.

One. The Provincial and Zone Boards shall have, within the limits of their respective jurisdiction, the same powers which the Central Board attributes to the preceding article and, in addition, all those expressly conferring upon them these rules or other special provisions on the proclamation of candidates, campaigns of electoral propaganda, scrutiny and proclamation of results.

Two. The competition in the field of fines shall be limited to the maximum amount of twenty-five thousand pesetas for the Provincial Boards and ten thousand for those of the Zone.

Article sixteen.

One. The consultations that the voters will make to the Boards will be directed precisely to that of the area corresponding to the judicial party of their residence. Public Authorities and Corporations may directly consult the Board whose jurisdiction corresponds to the competence of the consultant.

Two. All consultations shall be made in writing and shall be resolved by the Board to which they are addressed, which may only raise to the higher category those which it considers worthy of its decision because of its significant importance, because of the serious nature of the doubts, because there are gaps or contradictions in the legal precepts or similar circumstances, expressing in the corresponding agreement, from which testimony will be sent to the Board of Governors, the reasons for the elevation of the consultation and the appear or appear to be held by the members of the Board of the Board.

Three. Where the urgency of the consultation does not permit the convening of the Board and in all cases where previous and consistent resolutions exist on the subject matter, the Presidents of the Boards may, under their responsibility, to give an interim response, without prejudice to its ratification or amendment in the first session to be held by those.

Article seventeen.

One. During the period between the publication of the call for elections and the conclusion of the general election, the members of the Electoral Boards may not be forcibly moved or suspended or suspended on the charges that attribute that condition to them, but for a criminal sentence that carries with them the disqualification for public office or that they are responsible for electoral crimes.

Two. Any change of destination due to causes other than those mentioned in the previous paragraph will be postponed in its effectiveness until the end of the electoral process.

Three. By way of derogation from paragraph 1, the Board of higher hierarchy may, at all times, agree to suspend the components of the Boards to which they are subordinate, provided that they have to be open to them for electoral offences or offences. The agreement will have to be adopted with the favorable vote of half plus one of the components of the Superior Board.

The Central Board shall be competent to, with the same majority, agree to the suspension of its own members.

Four. When a Zone Board understands that the Provincial has committed an infringement, it shall inform the Central Committee of the relevant resolution.

Article eighteen.

One. Prior to the date fixed for the proclamation of candidates, the Presidents of the Electoral Boards of the Zone shall make public, at the doors of the premises of the electoral sections, certified copies of the following documents:

a) The final lists of voters.

(b) The certifications of the deceased voters and the disabled or their members in the exercise of the right to vote, which have been provided to them in accordance with paragraph 3 of this Article.

Two. Representatives of each candidate may obtain a copy of the District Census list for free.

Three. The Judges of First Instance and Instruction and the Municipal Authorities shall refer to the Area Boards within eight days of the publication of the notice, certified lists of the deceased or incapacitated individuals in whose Death inscriptions or statements of incapacity have been understood. These certifications will not need to be legalized in order to produce their effects in terms of the exclusively electoral purpose to which they are intended, without prejudice to the responsibilities which, if any, could and should be deduced by falsehood in public document.

Four. Those who understood that their inclusion in the certifications referred to in paragraph 1 of this article have been undue will be able to claim before the Electoral Board of Zone, up to five calendar days before the election. The Board of Zona shall settle in the light of the documentary evidence to be accompanied by the complaint, within forty-eight hours and without further appeal.

CHAPTER II

Constituencies and Electoral Sections

Article nineteen.

One. For the election of deputies and senators each province and the cities of Ceuta and Melilla will constitute an electoral district.

Two. Except for the previous number, for the purposes of the election of Senators, the island provinces, in which the following nine districts will be formed: Mallorca, Menorca, Ibiza-Formentera, Gran Canaria, Lanzarote, Fuerteventura, Tenerife, La Palma, La Gomera-Hierro.

Three. The following number of Members will be chosen: Three in Soria, Guadalajara, Segovia, Teruel, Palencia, Avila and Huesca; four in Cuenca, Zamora, Alava, Logroño, Albacete, Lerida, Burgos and Salamanca; five in Almeria, Huelva, Castellón, Lugo, Cáceres, Orense, Gerona, Valladolid, Toledo, Tarragona, Ciudad Real, Navarra and Santander; six in León, Baleares and Las Palmas; seven in Badajoz, Jaén, Santa Cruz de Tenerife, Guipuzcoa, Córdoba and Granada; eight in Zaragoza, Pontevedra, Murcia, Malaga and Cadiz; nine in Alicante and La Coruña; ten in Oviedo and Vizcaya; twelve in Seville; fifteen in Valencia; Thirty-two in Madrid and thirty-three in Barcelona.

The districts of Ceuta and Melilla will elect a deputy each.

Four. Each electoral district will elect four senators, with the exception of the following: Mallorca, Gran Canaria and Tenerife, which will choose three; Ceuta and Melilla, which will choose two, and Menorca, Ibiza-Formentera, Lanzarote, Fuerteventura, La Palma, La Gomera-Hierro, they will choose one.

Article twenty.

One. In each electoral district, without prejudice to the provisions of paragraph 6 of this article, the deputies shall be elected in accordance with the following numbers.

Two. The lists that are eligible for election within a district shall contain at least as many candidate names as the number of seats allocated to it.

Three. Each of the constituents of a district may only give its vote to a single list, without making any modification or altering the order of placement of the candidates.

Four. The allocation of seats to the different lists will be in accordance with the following rules:

(a) The counting of votes obtained for each list in the district shall be carried out, in a column the respective quantities from the largest to the smallest.

(b) No account shall be taken of those lists which have not obtained at least three percent of the valid votes cast in the district.

(c) The total number of votes obtained for each list shall be divided by one, two, three, and so forth, up to a number equal to the number of seats corresponding to the district, the table appearing in the practical example. The seats shall be allocated to the lists to which the highest ratios correspond in the table, and shall be assigned in order of their decreasing order.

Practical example. 480,000 valid votes cast in a district that elect eight deputies

Vote spread among six lists:

A (168,000 votes), B (104,000), C (72,000), D (64,000), E (40,000), F (32,000).

B

D

F

4,000

Dividen	1	2	3	4	5	6	7	8
A	168,000	84,000	56,000	42,000	33,800	28,000	24,000	21,000
104,000	52,000	34.666	26,000	20,800	17.333	14,857	13,000
C	72,000	36,000	24,000	18,000	11,400	12,000	10.285	9,000
64,000	32,000	21,333	16,000	12,800	10,666	9.142
	20,000	20,000	13.333	10,000	8,000	6.666	5,000	5,000
F		32,000	16,000	10,666	8,000	5.333		4.571	4,000

Therefore: List A gets four seats; list B, two seats, and lists C and D, one seat each.

Five. Where in the ratio of ratios two corresponding to different lists, the seat shall be attributed to the list with the highest total number of votes. If there are two lists with the same total number of votes, the first tie will be settled by draw and the successive ones in an alternative way.

Six. Given the number of seats that corresponds to each list, they will be awarded to the candidates included in the list by the order of placement in which they appear.

Seven. In the districts of Ceuta and Melilla, the candidate with the highest number of votes will be elected.

Eight. In the event of the death, incapacity or resignation of an elected candidate, the seat shall be assigned to the candidate of the same list to whom it corresponds in accordance with the provisions of paragraph 6 of this Article. In the districts of Ceuta and Melilla, the replacement shall be in favour of the alternate candidate referred to in Article 30 (2

.

The same criterion will be applicable to fill the vacancies of Members who, within two years of the date of holding the general elections and for any cause, are produced in Congress.

Item twenty-one.

One. In each electoral district, the Senators will be elected according to the following paragraphs, with those candidates being proclaimed as the candidates with the highest number of votes to be obtained until the Senate has been assigned to the Senate. district.

Two. In this election voters will only be able to give their vote to a maximum of three from among the candidates proclaimed in the district.

In the districts of Mallorca, Gran Canaria, Tenerife, Ceuta and Melilla, the same system will apply, allowing voters to vote for a maximum of two candidates.

In the districts of Menorca, Ibiza-Formentera, Lanzarote, Fuerteventura, La Palma and Gomera-Hierro, each voter will vote for a candidate, with the elected senator being elected as the highest number of votes.

Three. The vacancies which, within two years of the date of the holding of the elections and for any cause, occur in the Senate, shall result in partial elections in accordance with the article twenty-nine.

Article 22.

One. The electorate in each district will be divided into sections. Each section will have a maximum of two thousand voters and a minimum of five hundred. In any case, each municipal term will have at least one electoral section and none of these will comprise areas belonging to different municipal terms.

Two. The fixing of the number and limits of the electoral sections will be carried out by the Provincial Electoral Boards, heard in the area and on the proposal of the Provincial Delegations of the National Statistics Institute, within the next ten days. to the constitution of those.

Article twenty-three.

One. Within five days of the end of the period referred to in the previous article, the Zone Boards shall be held in order to identify the premises corresponding to each of the sections.

Two. The selection of premises shall be carried out on the basis of

following criteria:

(a) Priority of publicly owned buildings on privately owned buildings, preferably within the first, for the premises of teaching centres and for those other in which they do not radiate offices or offices Bureaucratic.

If premises located in private buildings have to be used, the preference shall be in favour of those intended for educational purposes or those belonging to cultural or recreational entities, subject to the conformity of their holders or decision-making bodies, which may only refuse it for duly justified reasons.

b) Degree of concentration or dissemination of the electorate, ensuring that the local situation facilitates access to the largest number of voters from the various points of the section.

Three. The designation made will be communicated to the corresponding Provincial Board, which will agree the publication of the relationship of sections and premises in the "Official Gazette" of the province. This publication will be repeated in the most circulation newspapers in the province, within the ten days preceding that of the vote.

Four. The ministerial order shall determine the characteristics or internal arrangements to be adopted by the premises in which the vote is verified, in such a way as to ensure the freedom and secrecy of the vote.

CHAPTER III

Formation of the electoral tables

Article 24.

One. In each electoral section there will be a Bureau responsible for presiding over the vote, maintaining order, carrying out the vote and ensuring the purity of the vote.

The electoral bureau will consist of a president and two deputies. For each candidature there may be up to two Table Interventors which will be freely replaced with each other.

Two. Notwithstanding the provisions of the preceding number, in those Sections in which the number of electors may be considered advisable in the case of the Zona Boards, there may be more than one electoral table, but it will be an indispensable requirement for the local necessarily different from where the tables of each electoral section are constituted, are part of a single building, except where the dissemination of the population advises the contrary, in accordance with the criterion set out in paragraph (b) of the paragraph two of Article 23 (3). Except in these same cases, the distribution of the electorate among the Mesas in the same Section shall be made in alphabetical order.

Article 25.

One. To proceed to the designation of those who have to form the electoral tables of each section, two groups will be made:

First. -Electors of the Section with degrees, at least, of Baccalaureate or First Degree Professional Training.

Second. -Section electors who know how to read and write not included in the previous group.

Two. Voters who have been declared candidates shall not be included in the lists of those groups.

Article twenty-six.

One. The Board of Zona will meet in public session within five days of the proclamation of candidates, in a meeting that will be announced in advance in the "Official State Gazette" and in all the newspapers of the province.

Two. For each Section, the Board shall appoint, by means of insaculation among the voters who form the list of the first group, the President of each corresponding electoral bureau and its two alternates. The two deputies and their respective alternates shall be appointed by similar procedure between the voters of the two lists, excluding those of the first appointed.

Three. Where the number of voters in the list of the first group is not more than twice the tables, a general list shall be drawn up in the section with the voters who know how to read and write, the office of which shall be appointed by the bureau or Tables. If that number is greater than double the number and less than the septuplo, the list of the first group shall be drawn up solely to the President or Presidents, the other being appointed by the same procedure among the voters on both lists, excluding those already designated.

Article twenty-seven.

One. The status of a member of an electoral bureau is mandatory. Once the designations have been made, they will be communicated to the interested parties, so that, within five days, they can claim an excuse, which is justified, that the acceptance of the charge is not acceptable. The Board of Zona shall decide, without further appeal, within a further five days.

Two. If any of the designated persons is unable to attend the performance of their duties, they shall inform the Board of Zone, twenty-four hours in advance, at least, at the event that it should have attended, providing the supporting documents. If the reason for preventing it from happening later, the notice must be made immediately and, in any case, before the time of establishment of the Bureau.

If they do not compare the components of the Bureau necessary for the constitution of the Bureau, those of them who are present and, failing that, the governmental authority, will put it in immediate knowledge of the corresponding Board of Zone, which may, freely, designate the most suitable persons to guarantee in the corresponding Section the good order of the election and the scrutiny.

Three. For the purposes of Article 60 (4) and (6), the Area Boards shall communicate to the corresponding municipal judges and the local authorities the identification details of the persons who, as holders and alternates, form the electoral tables.

TITLE III

Call for Elections

Article twenty-eight.

One. The call for elections will be carried out by Royal Decree agreed in the Council of Ministers, on a proposal from the President of the Government.

Between the date of publication of the Royal Decree of convocation in the "Official Gazette of the State" and the date of the vote must mediate a minimum period of fifty-five days.

Three. The Royal Decree of call of elections will be inserted in full in the "Official Gazette" of all the provinces and in all the newspapers that are published in Spain, within the ten calendar days following their publication in the " Bulletin State officer " shall be exposed to the public during the period between the convocation and the holding of the vote, with the effect on the board of edicts of all the Ayunchas, and shall be widely disseminated by radio and television in the same time span.

Article twenty-nine.

One. There shall only be a call for a partial election for Members where, as a result of the legal proceedings against which the general elections have taken place, the decision shall be declared by a final judgment of the Court of Justice. nullity of the verified elections in a district or where, in accordance with the rules of Article 20, the seats of Members could not have been allocated.

Two. The partial elections for Senators will proceed in the case of a final decision to declare the nullity of the verified elections in a district, as well as if there were vacancies in the Senate during the first two years of the legislature.

Three. The call for partial elections in the districts concerned shall be agreed: within the month following the date on which the judgment was given, in the first case of the preceding paragraphs; within the month following the date of the the first choice, in the second case of paragraph 1, and within six months of the production of the vacancy, in the second case of paragraph 2.

Four. The arrangements for these elections shall be the general rule provided for in these rules, with the following specialties:

(a) In the first case of paragraphs 1 and 2, no other applications than those given in the previous elections may be submitted, without other amendments than those required by the death, resignation or incapacity of the candidates.

(b) In the same case, and unless the modifications referred to in the preceding paragraph are made, there shall be no place for the completion of the procedure laid down in Article thirty-two.

Five. Those who are deputies or senators will not be able to be proclaimed candidates in partial elections.

Six. Vacancies that occur in Congress or in the Senate after the first two years of the legislature will be left unfilled.

TITLE IV

Presentation and Proclamation of Candidates

Article thirty.

One. The candidates or lists of candidates for the election of deputies shall be submitted by application for a proclamation before the Provincial Electoral Board, within the period from the eleventh to the twentieth day, inclusive, following the publication of the call.

Two. In the districts of Ceuta and Melilla, the presentation and proclamation of candidates shall be in accordance with the requirements laid down in this Title, and an alternate candidate must appear, together with the holder of the application.

Three. May propose nominations:

(a) The associations and federations registered in the Register created by the Law on the Law of Political Association.

(b) Coalitions for electoral purposes of the associations and federations referred to in the previous paragraph.

c) The voters of the district included in the census in number less than one per thousand of the censates and, in any case, at least, five hundred. Each voter in the district may only propose an electoral candidacy or a candidate list. No symbols or identification of political parties may be used in the presentation or propaganda of these applications.

Four. No association, federation, coalition or electoral grouping may submit more than one list of candidates in the same district. No federated or coalition group may submit a list of candidates of its own in the same district as the federation or coalition to which it belongs.

Federated or coalition associations may submit their own candidates only in districts where no candidates from the Federation or Coalition are present. In such cases, they may do so with their specific identification, but the common identification shall be included in any case.

Article thirty-one.

One. The constitution of electoral elections shall be registered with the Central Electoral Board, in writing signed by its promoters, within 15 days of the publication of the call. This document shall include the identification of the Coalition, referred to in paragraph 3 of this Article, the rules for which, where appropriate, it is governed and the indication of the person or persons to be represented.

Two. Two days before the expiry of the period laid down in Article 30 (1), the Central Board shall communicate to the Provincial Boards the relationship of Associations or Federations constituted under the rules of law of political association which may participate in the elections, deduced from certification issued by the Office of the corresponding Registry. In the same communication, he shall specify the conditions for which the constitution was established, in accordance with the provisions of the previous paragraph. The Provincial Boards shall make publicly available in their premises such communication, immediately received.

Three. The relations referred to in the preceding paragraph shall include the identification of the Associations, Federations and Coalitions, by means of the name and, where appropriate, the symbol or symbol with which they appear. Such data shall not be subject to modification throughout the electoral process and shall necessarily be included in all applications.

Article thirty-two.

One. The lists submitted by the Associations, Federations or Coalitions shall be subscribed by those who represent their representation, in accordance with their Statutes or, where appropriate, with the provisions of the previous Article.

Other applications shall be submitted by their promoters, accompanied by the accessions referred to in paragraph (c) of Article 30 (3).

The identity of the signatories, in the case of presentation by the voters, will be credited to the Provincial Board, who will check whether the proponents are listed in the District Census.

Two. The lists will be presented to the Provincial Board, clearly expressing the following data:

First. -The name or symbol of the Association, Federation, Coalition or Grouping that promote them.

Second.-The name and surname of the candidates included in them, and the specific identification of the Party or Federation may appear on the lists of the Coalition, each belonging to or its status as independent.

Third.-The placement order of the candidates within each list.

The Secretariat of the Provincial Board shall extend due diligence, stating the date and time of filing, and shall issue receipt thereof, if requested.

Each list will be assigned a consecutive number by the order of presentation.

Three. The lists shall be accompanied by a declaration of acceptance of the candidature by the candidates and the supporting documents of their eligibility conditions.

Four. It will be indispensable for the admission by the Provincial Board of nominations the appointment for each list of a representative with domicile in the capital of the District, who will be in charge of all the démarches of the respective The application is close to the Board, as well as the call to receive all the notifications that it has to practice. The address of the representative, who may or may not be a candidate, shall be registered with the Secretariat of the Board at the time of the presentation of the list.

Five. After the deadline for the submission of applications, all the districts of the country will be immediately published in the "Official Gazette of the State". Those of each District will be exposed in the premises of the respective Provincial Boards, which will have to meet to examine the documentation presented and to communicate to the representative of the list, within three days, the irregularities noticed in the application it represents, in accordance with the provisions of these rules. These irregularities, in addition to their own appreciation of their own office, may be denounced by the representatives of the lists that are present in the District, within forty-eight hours of publication. of the nominations in the "Official Gazette of the State". The representative of the affected list shall have a three-day period of sub-healing.

Six. Nominations for the election of Members may not be subject to modification once they have been submitted, except in the period allowed for the purposes of paragraph 5 of this Article, and only by the death or resignation of the holder or as consequence of the own processing of the healing process.

Seven. If the application contains a number of candidates in excess of the number of seats and his representative has not indicated otherwise, the remedy and modification to which there may be a place, in accordance with the two preceding paragraphs, shall be understood, where appropriate, automatically produced by the removal of the name of the person to be so, provided that the list maintains a number of candidates not lower than the number of seats.

Eight. The death or resignation of the applicant between the dates of the end of the period of correction and the time of the vote shall not be covered, unless they are automatically eligible, according to the criteria laid down in Article 3 (1) of the Treaty. of the preceding paragraph.

Article thirty-three.

One. The Provincial Electoral Boards shall make the proclamation of nominations on the 30th day following the date of publication of the call.

Two. The Provincial Boards shall not proclaim the applications in which one of the following conditions is present:

First. -Haber been submitted out of time.

Second. -Contain names of candidates filed in more than one District or presented to Congress and the Senate or contain names of candidates in which an inability or ineligibility would have been noticed, without in one or Another case would have been the case of the healing, according to the article thirty-two.

Third. -To have been proposed by whom or who would have presented another list in the same district, either by itself or jointly with others, without having previously withdrawn it.

Fourth. -Not to reach the list of candidates included in the list the number required in paragraph two of article twenty.

Fifth. -Incompliance with the other filing requirements set forth in the above precepts.

Three. After the proclamation, the lists definitively accepted will be published in the "Official State Gazette" and "Official Gazette" of the province and exposed to the public in the bulletin boards of the district and local councils. of the corresponding Provincial and Zone Electoral Boards.

Article thirty-four.

One. Only Senators who have been legally proclaimed candidates can be elected.

Two. The presentation and proclamation of candidates for Senators shall be in accordance with the provisions of the preceding articles with the specialties listed in the following paragraphs.

Three. Nominations shall be individual, for voting and counting purposes, even if, in accordance with the following paragraph, they can be grouped into lists for the purposes of the election.

Four. They may submit candidates only: the associations, federations, coalitions and groups of voters referred to in Article 30, number three. All of them may submit the number of candidates they wish, accompanied, where appropriate, by the name of each of them, the same name, symbol or symbol with which they attend the election of Deputies.

Article thirty-five.

One. The representative of each nominated candidature may appoint, up to five days before the election, two interventors for each section by issuing talonary credentials with the date and signature at the foot of the appointment.

Two. The talonary sheets for each financial controller shall be divided into four parts: one, as the matrix, to be retained by the representative; the second shall be given to the financial controller as a credential; the third and fourth shall be sent to the Board of Zone, The Committee on the Rules of Procedure, the Committee on the Rules of Procedure, the Rules of Procedure, the Rules of Procedure, the Rules of Procedure, the Rules of Procedure, the Rules of Procedure, the Rules of Procedure and the Rules of Procedure. The consignment to the Zona Juntas shall be made until the third day before the election, and those in the Zone shall make the reference to the Mesas in such a way that they are in their power at the time of their formation on the day of the vote.

Three. In order to be appointed, it is sufficient to satisfy the requirements that this Law requires to be an elector of the district, regardless of the section in which it is registered.

Four. The time required for workers to be able to fulfil the duties of the financial controller shall be paid by the undertakings.

Who, having the status of a public servant, is appointed as a financial controller, shall be exempt from the duty of assistance on the day the election takes place.

Article thirty-six.

One. Any representative of candidature may grant power in form, in favour of the person who has, as appropriate, whenever he is of age, to the object of having the representation of the candidacy in the electoral acts and operations.

Two. The proxy shall be formalized by public deed or by the Secretary of the Electoral, Provincial or Area Board.

TITLE V

Election campaign

CHAPTER FIRST

Election Propaganda

Article thirty-seven.

One. It is understood by campaign of electoral propaganda the set of lawful activities organized or developed by the parties, the Federations, the coalitions, the groups of voters and the candidates in order to the collection of suffrages.

Two. The recruitment of voters, in order to present independent candidates, as referred to in Articles 30 and 30 and four, may not be carried out by means of public acts.

Article thirty-eight.

The campaign of election propaganda will last twenty-one days and must end at zero hours of the immediate day before the election.

Article thirty-nine.

One. Each City Council shall communicate to the Area Boards and shall publish, before the day on which the proclamation of nominations takes place, the places reserved for the free placement of posters.

Two. All associations, federations, coalitions and groups of electors who submit applications in the district shall have the same area for the placement of posters in each of the designated sites.

Three. Applications for the use of the sites shall be made in the Area Boards within forty-eight hours following the act of proclamation. The Boards shall resolve within five days, in accordance with the criterion set out in paragraph 2 above.

Four. Independent associations, federations, coalitions and candidates will be responsible for the damage caused to buildings by any type of graphic propaganda. Members of an application shall respond in solidarity with the entity that presents them.

Article forty.

One. Associations, federations, coalitions and groupings shall be entitled to the free use of spaces on television, radio and public-owned press.

By Decree the exercise of this right will be regulated, combining the criteria of equity with the needs of the environment and establishing, where appropriate, the minimum number of districts in which candidates are to be presented for power use such spaces.

Two. A Committee for Radio and Television shall be constituted, which, under the direction of the Central Electoral Board, will control the programming related to the elections, television and radio stations with public ownership, during the electoral campaign. This Committee shall be composed of persons appointed by the Government and representatives of associations, federations and coalitions who are in attendance at the elections in the form and with the minimums to be determined in the Decree of creation of this Committee.

Article forty-one.

One. The holding of public events of electoral propaganda in official premises shall be subject to the following rules:

(a) The Councils, after agreement with the local authorities and prior to the day on which the proclamation of nominations is to take place, will indicate the official premises and the places open to the public use to be enabled for the celebration of the aforementioned acts, notifying them to the respective Zone Boards which, in turn, will put it to the knowledge of the Provincial Board. The relation of the premises, which shall contain the determination of the days and hours in which each one is usable, shall be brought to the attention of the persons who request it.

(b) The duration of each act may not exceed in any case of two hours and the maximum number of acts shall be fixed by Ministerial Order, depending on the number of constituents of each City Council.

c) The allocation of premises to the applications will be carried out by the Zone Boards, depending on the respective requests; however, when different requests coincide in the local, day and hour, it will be carried out according to equal opportunities criteria which take into account the number of premises already granted, and in the event of a level playing field, the order for the submission of applications shall be met.

Two. The holding of public events of election propaganda in non-official closed premises shall be free, without prejudice to the provisions of the following paragraph.

Three. The celebration of the public events of an electoral character will be adjusted to the provisions of Law seventeen/thousand nine hundred and seventy-six, of twenty-nine of May, regulating the right of assembly.

The powers conferred on the civil governors by the law will be taken up by the provincial electoral boards, while remaining the privileges of the governmental authority with respect to the maintenance of the order. public.

The communications and requests and the resolutions of the Provincial Electoral Boards will be brought to the attention of the civil governors, so that the Juntas can be informed by these authorities. take the appropriate precautionary measures.

Meetings in premises open to public use in the form of demonstration, march, entourage, courtship or any other similar modality that will not be authorised for electoral purposes are excluded from these rules.

Article forty-two.

One. The brochures, sheets, posters and in general all the forms which are intended to be disseminated with specific occasion of the electoral campaign, must be previously subscribed by the representative of the candidature and conform to the precept on freedom of expression in respect of the extension of the right and foot of the printing works. The powers on deposit and preventive sequestration, as referred to in Articles twelve and sixty and four of the Press Law, fourteen/thousand nine hundred and sixty-six, of 18 March, are understood to be transferred to the corresponding Board Provincial Electoral Office as far as these forms are concerned.

Two. From infringements to the provisions of the previous paragraph, you will only know the ordinary jurisdiction.

Article forty-three.

The conduct of the acts and operations of propaganda regulated in this chapter does not exclude that of any other lawful activities, of the same or of different kind, that it is considered appropriate to carry out, according to the provisions in force.

CHAPTER II

Electoral Expenses

Article forty-four.

One. The State shall subsidise expenditure arising from election activities, in accordance with the following rules:

a) A million pesetas for every seat obtained in Congress or in the Senate.

(b) Forty-five pesetas for each of the votes obtained for each candidacy to the Congress, one of whose members, at least, would have obtained a seat of Deputy.

c) Fifteen pesetas for each of the votes obtained by each candidate who would have obtained Senator's seat.

Two. The State shall grant the subsidy referred to in the preceding paragraph to the representatives of the associations, federations or coalitions which have submitted the application or to the representative of the latter where it has been promoted by a group of electors. However, associations, parties, federations and coalitions and the representatives of candidates promoted by groups of voters may notify the Central Electoral Board that the grants to which they may be entitled, in accordance with the provisions of this Article, they are paid in whole or in part to the credit institutions which they appoint, which shall compensate by such grants for advances or credits which they may have granted. The State shall, in such a case, verify the payment in accordance with the terms of that notification, with full release effectiveness. The notified notification shall not be revoked without the consent of the receiving credit institution.

Three. Special postal tariffs will be set by ministerial order for the submissions of election propaganda.

Article forty-five.

One. The audit of the expenses that the associations, federations, coalitions or candidacies carry out in order to the electoral presentation and campaign, as well as of the revenues that are realized for this purpose will correspond to the Electoral Boards.

Two. The audit shall be carried out by the respective Provincial Board in respect of the independent candidates and of the associations, federations or coalitions that present candidacies in a single district, and by the Central Board in the other cases.

Three. The provisions of this Chapter shall be without prejudice to the provisions laid down in Article 4 of Law twenty-one/thousand nine hundred and seventy-six, of 14 June, on the right of political association.

Article forty-six.

One. The representatives of the Entities or candidates shall communicate to the competent Board within 24 hours of the proclamation of candidates, the number of the account or accounts opened for the collection of funds.

Two. The opening of accounts may be carried out in the establishments or branches of any Banking Entity or Savings Bank.

Three. Those who intend to contribute funds to the accounts referred to in the preceding paragraphs shall state in the act of taxation their name, address and amount of the contribution.

When the impositions are carried out by the parties, the origin of the funds that are deposited shall be stated.

Four. The competent Boards may, at all times, collect from the Depositary Entities the status of the account, number and identity of the impositors and how many extremes they estimate for the performance of their audit function. For these purposes, the Boards may delegate the practice of inspections to the lower category, as the case may be.

Five. The contribution to the accounts referred to in this article of funds coming from the State Administration, local entities, autonomous agencies, parastatal entities, national, provincial, municipal and municipal enterprises shall be prohibited. of mixed economy, as well as foreign entities or persons.

Six. The persons or entities holding the accounts shall be responsible for the use of funds of illegal origin or prohibited, in accordance with the previous paragraph, except that within two days of the communication of the deposit they put it in knowledge and at the disposal of the corresponding Electoral Board.

Article forty-seven.

One. The funds held in the accounts referred to in the preceding article may be used only for expenditure arising from the presentation and proclamation of candidates and for election propaganda. Such expenditure may only be satisfied by provisions against the funds referred to in those accounts.

Two. The electoral campaign shall not be made available to the balances that may be held by these accounts until the competent Board has qualified the regularity, in accordance with the following article, or in the terms resulting from the statement jurisdiction in cases where it would have been highly irregular.

Three. Persons authorised to dispose of the funds from the accounts and the persons or entities holding them are responsible for the amounts collected and for their application for the purposes indicated.

Article forty-eight.

One. The representatives of the Entities and candidates shall keep special, detailed and documented accounting of all the expenses incurred by the submission of candidates and electoral propaganda, which shall be submitted to the competent Board. prior to the date marked for the proclamation of elect.

Two. The competent Board shall decide on the regularity of the accounts submitted in the 30-day period. If any irregularity is assessed, it shall notify the person or entity in question, giving him a period of not less than 15 days for his/her under-healing or formulation of allegations.

Three. After these deadlines, the Boards will make public the accounts of the accounts, specifying the amount of funds collected, the destination of the funds, their judgment on the accounts, and how many other data they deem appropriate.

In the event that they notice irregularities not remedied in the accounts, as well as when the persons or entities required to surrender them fail to comply with the obligations imposed on them by this article, they will pass the blame to the the competent jurisdiction for the clearance of the responsibilities arising.

TITLE VI

Electoral Procedure

CHAPTER FIRST

Electoral Tables Constitution

Article forty-nine.

One. The President and the two deputies of each Bureau, together with their respective alternates appointed in accordance with the provisions of Chapter 3 of Title II, shall meet at eight hours on the day set for the vote at the local level. corresponding.

Two. If the President does not attend, his first alternate shall be replaced. If the latter also fails, the second alternate shall be replaced, and if the latter is not present, the first deputy and the second deputy shall be replaced by that order. The deputies to the presidency or who do not attend shall be replaced by their alternates. Where appropriate, it shall be carried out in accordance with the provisions of Article 27 (2

.

Three. In no case may the Bureau be established without the presence of a President and two deputies.

This, however, in the development of voting and counting operations, the President and the deputies will be able to leave temporarily and for justified reasons from the Bureau, which will always have the presence of the other two.

Four. No authority may detain the Presidents, Deputy and Financial Controller of the Messes during the hours of the election in which they are to perform their duties, except in the case of a flagrant offence.

Article fifty.

One. Between eight and eight and half hours, the President and the deputies shall receive the credentials of the financial controllers who are present and shall confront them with the heels to be held in their possession. If they are in agreement, they shall admit the interveners to the Bureau. If the President has not received his or her heels or doubts as to the authenticity of the credentials, the identity of the two or both ends, he shall be given possession, if they so require, but in the minutes his reservation for the purging which, in its case, is applicable and in order to require them, where appropriate, the corresponding liability.

Two. If more than two financial controllers are submitted by a single candidate, only the President shall be given possession by the President to whom they have first submitted their credentials, to which end the credentials shall be numbered in chronological order of presentation.

Three. The credentials delivered by the interventors and the heels received by the President shall be attached to the electoral file.

Article fifty-one.

One. At eight and a half hours the President shall draw up the minutes of the Bureau's establishment, signed by him, the deputies and the financial controller, and shall deliver a certificate of that minutes, signed by him and the deputy, to the representative of the candidate, proxy or financial controller to claim it.

Two. The minutes shall necessarily express the views of the members of the bureau as members of the bureau and the nominal ratio of the financial controller, indicating the candidacy for which they are members.

Three. If the President refuses or delays the surrender of the certificate of constitution of the Bureau to whom he has the right to claim it, the appropriate protest shall be extended in duplicate, which shall be signed by the claimant or claimant. A copy of the protest will be joined to the electoral file, the other being referred by the claimant or the claimant to the Provincial Electoral Board.

Four. The President shall be obliged to give a single certificate of the minutes of the Bureau's constitution for each application, even if the members of the Board are several or the same who require them. The same rule shall apply where the representation of candidates belonging to the election of either Senators or Members falls on the same person.

CHAPTER II

Vote

Article fifty-two.

One. The minutes of the Bureau's establishment and, where appropriate, the certificates referred to in the previous Article shall be drawn up at nine hours of voting, which shall continue without interruption until 20 hours.

Two. Only by reason of force majeure may the act of the vote be initiated or suspended, once initiated, under the responsibility of the President of the Bureau, who shall decide on the matter in writing. In all cases, the President shall send a certified copy immediately after extending it, either by hand, or by registered post, to the Provincial Board, in order to verify the certainty and sufficiency of the reasons and declare or demand the responsibilities that result.

Three. In the event of a suspension of the vote, the votes cast in the section shall not be taken into account, and the President shall immediately be ordered to destroy the ballots deposited in the ballot box, including this in the document referred to in the preceding paragraph.

Four. Where the bureau cannot be established for the reason referred to in the third paragraph of Article 40 and nine or where the circumstances provided for in the second paragraph of this Article, the member or members called to form are not present. Part of the Bureau that will be present will be present to the Provincial Board, with the requirements and in the form above previewed, the opportune written, communicating in addition telegraph the fact to the corresponding Board of Zone, which will convene for new vote in the section, within two days, and will take the measures it considers The Committee on the Rules of Procedure and the Rules of Procedure, the Committee on the Rules of Procedure, the Rules of Procedure, the Rules of Procedure, the Rules of Procedure and the Rules of Procedure. In the case of a new call for a vote in the section referred to in this paragraph, the members of the Zonal Board may be part of the Messes.

Article fifty-three.

One. The right to vote shall be credited for the registration in the certified copies of the Census lists and for the demonstration of the identity of the voter.

Two. Where there is doubt as to the identity of the individual who is to vote, the Bureau shall decide by a majority in the light of the supporting documents and the evidence, on the basis of the complaint made publicly by a financial controller or other constituent. that the constituents present may lend themselves. In any event, the competent court shall be required to pass both the fault of the fault of the competent court so that the liability of the person who appears to be usurped or of which he has falsely denied it is required.

Three. No elector may vote in any other section than the one to which it corresponds, according to the electoral census, except for the interventors of the electoral bureau who appear in the Census of another Section, who will only be able to cast their vote in that section where they are Exercise their functions.

Article fifty-four.

One. In each electoral table there will be two ballot boxes, one to receive the votes cast to elect the deputies and the other to elect senators. The operations referred to in the following number shall be carried out simultaneously for both elections.

Two. The vote will be secret, announcing the President's start with the words: "Start the vote."

All the voters will approach the Bureau one by one, stating their first and last names. After checking the lists of the electoral census, which will be done by the deputies and the interventors, the name of the voter, as well as the identity of the voter, which will be justified by the exhibition of the National Document of Identity or other sufficiently credentialed documents of the same, the elector will deliver by his own hand to the President two envelopes containing inside, respectively, the ballot corresponding to the election for the Congress and the one that corresponds to the election for the Senate. Then the President, without hiding the envelope or a moment in public view, will say in high voice the name of the elector and, adding "vote", will deposit at the polls one and the other on.

Prior to the operations described in the preceding paragraph, and in order to ensure the secrecy of the vote, the elector may choose the ballot papers and introduce them into the envelopes within any of the booths that are shall be disposed of at the premises where the electoral tables are constituted.

Three. Voters who did not know how to read or who, by default, were prevented from choosing the ballot or placing it in the envelope and handing it over to the President of the Bureau, may be able to use a person of their trust.

Four. The deputies and the interventors who so wish will write, each in a numbered list, the electors, in the order in which they cast their vote, expressing the number with which they appear in the list of the electoral census.

All electors have the right to examine whether they have been well-named in the list of voters who form the Bureau.

Five. The vote of the elector who does not deliver simultaneously, in the act of the vote referred to in the number two of this article, the two envelopes referred to, respectively, to the election of Deputies and Senators shall not be admitted.

Article fifty-five.

One. The ballot boxes, the envelopes, the ballots and the documents referred to in these rules shall be in accordance with the official model determined by the Decree, and must have the necessary characteristics to ensure the secrecy and purity of the vote. In the Decree itself, the conditions for printing the ballots and making the envelopes will be established.

Two. The electoral ballots for the election of deputies shall express the following indications: the name and, where appropriate, the symbol of the Association, Federation, coalition or group of voters and the names of the candidates in accordance with the order of placement established in the application and with the identification, where appropriate, referred to in paragraph 2 of Article thirty and two.

Three. The ballot papers for the election of senators shall express the following indications: the name of the candidates proclaimed in the district, preceded by a box in which the voter will indicate with a cross the name of the candidate or candidates to give their vote. The names of the candidates shall appear on the ballot in alphabetical order of the name, indicating, where appropriate, the name and symbol of the person who has proposed them.

Four. Ballots and ballot envelopes will be of different color for the election of deputies and senators.

Article fifty-six.

the President will announce at the next twenty hours that the vote will be finished and will not allow anyone else to enter the local area. He will ask if any of the constituents present have not yet voted, and the votes that will be given below will be accepted.

Two. An act followed by the President shall make the envelopes containing the ballots sent by mail in the ballot box, in accordance with the provisions of the following Article, before checking whether the external envelope bears the stamp of the Post office accredited to have submitted in business time and if the voter is enrolled in the Census lists, then the name and surname of the number of voters are recorded.

Three. The members of the Bureau and the Interventors shall then vote, specifying in the numbered list of voters the electoral section corresponding to the interventors who do not appear on the Census list of the section of whose Bureau they are a party.

Four. Finally, the numbered lists of voters will be signed by the deputies and the Interventors, regardless of their specifications and immediately below the last written name.

Article fifty-seven.

One. Where an elector provides that on the date of the vote he shall not be in the place where he is entitled to exercise his right of vote, he may cast his vote by mail, upon request to the Board of Zona, with the following requirements:

(a) The voter shall request from the appropriate Zone Board, from the day following that of the call for elections up to five days prior to the voting, a certificate of registration in the Census.

(b) The application may be made in accordance with the provisions of Article 60 and six (1) and (3) of the Administrative Procedure Act; but the official responsible for the receipt of the application shall require the interested in the display of the National Identity Document, in order to verify the identity of the identity and the matching of signature of both documents.

c) The application may also be made, on behalf of the voter, by duly authorized person, crediting his identity and representation with document authenticated by Notary or Consul or authorized by the Head of the Center or administrative dependency, if the voter were an official.

Two. The Board of Zone, verified the registration, will proceed to record in the Census the application so that on the day of the vote the vote is not received personally; the act followed will issue the certificate and will send it to the voter along with an envelope addressed to the Bureau in which it is responsible to vote and the ballot papers and the envelopes in which they are to be entered. The said referral will not be made before the day the election campaign begins.

Three. The voter will enter the ballots he chooses in each of the two envelopes and will introduce them, together with the certificate, in the envelope addressed to the Bureau, to which it will be sent by registered mail.

Four. Until the day of the vote, the Post Office shall keep all correspondence addressed to the electoral tables, in accordance with the provisions of this Article, and shall forward it to those tables at nine o'clock in the morning. It will also continue to transfer the one that can be received on that day, up to twenty hours of the day.

Five. If the electoral correspondence is received at the section premises after the vote has been completed, the vote shall not be counted nor shall it be estimated as voter voter. The President, if he still remains at the premises, or in his case the Post Office itself, will forward it to the Zona Board. It will be held in the seventies and two hours following the election day, in which all envelopes with ballot papers will be incinerated without opening them and that they have been received after the termination of the vote.

Article fifty-eight.

The President of the Bureau will have exclusive authority to preserve order, to ensure the freedom of the voters, and to maintain the observance of the law. Only the constituents of the sections, the representatives of the candidates and those who are part of them, their Power or Interventors, the Notaries, shall have entry to the premises of the sections, in order to attest to any act related to the election and not to oppose the secret of the vote; the Agents of the authority that the President requires, the members of the Electoral Boards and the Judges of Instruction and their delegates, whenever the exercise of their office demands it.

The President of the Bureau shall ensure that the entry to the premises is always kept free and expeditious to the persons expressed.

Article fifty-nine.

Notaries will be able to attest, even outside their demarcations but always within the same province and without the need for special authorization, of any act related to the election.

Article sixty.

No one will be able to enter the premises of the electoral section with weapons or instruments that could be used as such. The President will order the immediate expulsion of those who violate this precept. Expulsion will in any case involve deprivation of the right to vote in the election.

Article sixty-one.

Public order forces designed to protect the sections ' premises shall lend to the President of the Bureau, in and out of the premises, the aid required.

Article sixty-two.

Neither in the premises of the sections nor in the vicinity of the sections will be able to carry out propaganda of any kind in favor of the candidates. No groups may be formed, in any way whatsoever, with access to the premises, nor shall they be permitted to be present in the vicinity of those who or those who may hinder or coerce the free exercise of the right to vote. The President of the Bureau shall take all measures which he considers appropriate in this regard.

Article sixty-three.

Any incident that would have affected the order in the sections ' premises, as well as the name and surnames of those who would have caused it, will be reviewed in the voting record.

CHAPTER III

Scrutiny of Election Sections

Article sixty-four.

One. Finished the operations referred to in the previous chapter, the President shall declare the vote closed and shall begin the scrutiny. It will take place in the first place for the vote for the Congress and then for the vote for the Senate. Both will be verified by extracting the President, one by one, the envelopes of the ballot box, opening them and reading in high voice the name of the candidacy or the name of the candidates voted. The President shall make every ballot, once read, to the financial controller and deputy. In the end, the total number of ballots with that of registered voters will be confronted.

Two. It will be null:

a) The vote cast on an unofficial ballot or ballot, as well as the one issued on a ballot without on or on which it contains more than one ballot.

(b) The vote for the Congress issued on the ballot in which the names of the members of the Congress have been modified or crossed out or altered their order of placement.

c) The vote for the Senate assigned to a number of candidates higher than the maximum set in Article twenty-one.

Three. The vote in favor of a candidacy that would have been legally withdrawn from the district will be considered as a blank vote.

Four. If on the ballot papers for the Senate, because it is not exactly the cross of the boxes with the corresponding candidacy, there will be doubt about the intelligence of the vote and do not measure on this unanimous agreement in the Bureau. reserve for the termination of the scrutiny the decision of the doubt and then it will be done by majority.

Five. If any voter present, Notary in the exercise of his or her representative list, proxy or member of a candidate has doubts about the contents of a ballot read by the President, he may ask for it in the act for examination and shall be granted to examine it.

Six. The counting of votes, as it appears from previous operations, will be asked by the President if there is any protest to be made against the scrutiny and, in the absence of a fact or after the majority of the Bureau has decided to present them, announce in high voice its result, specifying the number of voters, the number of ballots read, the valid ballot paper, the blank ballot paper, the ballot paper ballot, the ballot paper ballot and the number of votes obtained for each candidacy.

Seven. The ballots taken from the ballot box shall be destroyed in the presence of the concurrent persons, with the exception of those that have been denied validity or have been the subject of a complaint, which shall be joined to the minutes, once signed by the members of the Bureau, and file with it.

Eight. Where several electoral tables exist in an electoral section, each of them shall carry out the scrutiny operations established in this chapter independently, each being considered as a section for the purposes of the articles next.

Article sixty-five.

One. The scrutiny of each Bureau shall be published immediately by means of certification, which shall express the number of votes obtained for each application, which shall be fixed without delay at the outside or at the entrance to the premises. A similar certificate shall be issued to the respective representatives of the candidates, who are present at their request or, where appropriate, to the financial controllers, proxies or candidates included in the list. No more than one certification shall be issued for each candidature, even if it is several of the proxies, controllers or candidates who request it.

Two. Once the documents referred to in the following Article have been delivered, a member of the Bureau shall be in the nearest telegraph office where, after identification with the competent official, he shall forward the report to the Board. Provincial, and the province's civil governor to the sole informational effects, with acknowledgement of receipt, the content of the certification of the scrutiny.

Article sixty-six.

One. After all previous operations have been completed, the President, the deputies and the members of the Bureau shall sign the minutes of the meeting, in which the number of voters in the section shall be expressed in detail, according to the Census lists. Electoral, that of the voters who had voted, that of the interventors who had voted not to appear in the list of the section, that of the ballots read, that of the valid ballots, that of the null ballots, that of the blank ballots and the of the votes obtained for each candidature, and the complaints and protests shall be recorded summarily made, where appropriate, by the representatives of the lists, members of the candidates, their representatives and auditors and by the voters on the vote and the vote, and the reasoned resolutions of the Bureau on them, with the votes cast. private, if any. Any incident referred to in Article 60 and three shall also be entered.

Two. All the representatives of the lists and members of the candidates, as well as their proxies and auditors, have the right to be issued free of charge and immediately certified as entered in the minutes, or at any end thereof, The Messes may be excused from compliance with this obligation.

Three. The Bureau will then proceed to the preparation of the electoral documentation, which will be distributed in three separate envelopes.

The first envelope will contain the electoral file, which will be composed of the original of the minutes of the constitution of the Bureau and of the record of the election verified with all the electoral documents to be made in the last one. a copy of the numbered lists of voters and reserved ballots, according to the seventh paragraph of Article 60 and four.

The second and third envelopes shall contain, respectively, a verbatim copy of the minutes of establishment of the Bureau and the minutes of the verified election, authorized by the latter by all the members of the Bureau.

Four. Prepared the documentation, the President, the deputies and the interventors who so wish will immediately move to the headquarters of the Municipal Court or Comarcal to whose demarcation it belongs. The Municipal or Comarcal Judge shall identify the President, deputy and financial controller by presenting the national identity document and the documents of his status as members of the Bureau.

Fulfilled this requirement, the Judge, the President and the deputies, as well as the interventors who attend, will put their signatures on the envelopes so that they cross the party for which they are to be opened in their day.

The Judge will extend to the President of the Bureau the receipt of the documents submitted, in which the day and time of the delivery will be mentioned.

Five. Once the documentation of the electoral tables corresponding to their demarcation has been received, the Judge will personally move to the headquarters of the Provincial Census Board, where he will deliver, under detailed receipt, the first and second envelopes to refers to the third paragraph of this Article. The third envelope will be filed in the Municipal Court or the corresponding Comarcal.

The posting of the Judge must be done within ten hours of the time the final documentation has been delivered to you.

Six. The Provincial Board shall take the necessary measures to facilitate the members of the electoral Mesas who are not located in the seat of the Court, as well as the Court of Court, the displacements provided for in this Article.

CHAPTER IV

General Scrutiny

Article sixty-seven.

One. The act of general scrutiny shall be unique for the election of Deputies and Senators and shall be verified by the Provincial Electoral Board on the fifth working day following that of the vote.

Two. The event will be public.

Three. The Board shall meet at 10 hours and, if no more than half of the members are present until 12 noon or if another unforeseen cause prevents the holding of the meeting, the President shall convene the meeting again for the following working day, notify those present and the public by written notice and communicating it to the Central Board. In this case, the Board shall be held on the day and time indicated, whichever is the number of the concurrent.

Article sixty-eight.

One. The Provincial Boards, with the representatives of the candidates who are present until the ten and half hours, will meet in a Chamber of the Hearing to verify the general scrutiny. This will be done, Section by Section, and within each separate and successively for the election of Deputies and Senators of the District.

Two. The Secretary will read the legal provisions concerning the act, and will begin the operations of scrutiny with the successive opening of the envelopes belonging to the Mesas of the different sections, beginning to examine the integrity of those before opening them and without continuing the operation with respect to the others until the scrutiny of the precedents has ended. If the minutes of any section are missing, the certificate of the section may be supplied by a representative of his or her application; but if there are conflicting certificates, none of them shall be counted, the different vote of each one is recorded in the minutes.

Three. The Chair of the Board shall have the Registrar of account of the voting summaries of each section. One of the vowels of the board will take the appropriate annotations for the total computation and for the award consequent to each list of the votes that it is obtaining. As the voting records of the sections are being examined, complaints and complaints about the legality of these votes can be made and inserted in the act of scrutiny. Only the representatives of the candidates or their proxies, present in the event, will be able to make these complaints and protests. The Board may not cancel any minutes or vote. Their powers will be limited to verifying without any discussion the counting of the votes admitted in the district's sections, strictly adhering to those who are admitted and computed by the resolutions of the electoral tables, according to the minutes or certificates, in their absence, of the respective votes.

Four. In the event that in any section there are double and different minutes, signed or signed by all the individuals of the Bureau, the Board will not make any computation of them. The same shall be done when the votes appearing in them exceed the number of the electors assigned in the Census of the respective Section.

The provisions of this paragraph shall be understood to prejudice the provisions of Article 70 and five of this Decree-Law.

Five. The act of general scrutiny shall not be interrupted. However, twelve hours of session, the Juntas may suspend until the following day the scrutiny, leaving without the end the counting of the votes contained in the minutes of a section.

Article sixty-nine.

One. The counting of the votes cast in the district sections and the number of votes obtained for each list for the Congress and for each candidate for the Senate will be completed:

a) To award the lists as many seats of Members as they result from the application of the rules of the fourth of the article twenty.

Established the number of seats that correspond to each list, the Secretary of the Board will read aloud the general summary of results and the President will proclaim in the act Deputies elected to the candidates of the lists that have obtained seats.

b) To proclaim elected senators to the candidates with the highest number of votes obtained in accordance with the provisions of Article 21.

Article seventy.

One. Once the previous operations have been completed, the Provincial Board shall extend a duplicate act, which shall be signed by the President and the Registrar, as well as the representatives of the candidates present and their representatives who wish to do so. Of these two copies, one will be filed with the electoral file and the other will be sent to the Central Bank. In the act of scrutiny, they shall, together with the results of the session, resent, in accordance with the previous article, the protests and complaints of whatever kind they may be.

Two. Certified copies shall be issued to the representatives of the candidates who so request. The successful candidates will also be issued with express credentials of their proclamation, which will serve the proclaimed candidates to make their presentation in the Courts. The Board may agree that such certifications and credentials shall be forwarded to the persons concerned, through the representative of the list, within seven days of the act of general scrutiny.

Article sixty-one.

The Presidency of the Central Electoral Board will forward to the Courts the relationship of elected deputies and senators elected throughout the national territory.

TITLE VII

Filing election documents and claims

Article seventy-two.

One. They will be rolled out in common paper and free:

(a) All applications, minutes, certifications and proceedings concerning the formation and revision of the electoral census, as well as the judicial proceedings relating to it.

b) How many documents the voter may need to prove his/her capacity or the capacity or inability of other constituents when in this case he has direct interest. These documents may not have any other application, under the penalty of being considered the offenders as the corresponding tax fraudsters.

c) Protests, complaints, certifications, instances, requests, complaints and appeals and any other paperwork and documents, as well as the files and actions to be taken and their processing in all instances.

Two. Only the notarial documents, which shall bear the rights of Arancel and shall be extended on sealed paper of the last class, shall be exempt only from the provisions of the preceding paragraph.

Three. The public official who is required to receive a document or a communication from another, but to obtain it as soon as he/she has to reach his/her power, will have, under his/her personal responsibility, immediately picked up by person specially empowered to effect and at the cost of sending it.

Four. Copies to be issued for electoral documents may be made by any means of mechanical reproduction, but shall only take effect if the signatures and stamps required for the originals are stamped on them.

Article seventy-three.

One. The agreements of the Provincial Electoral Boards on the proclamation of candidacies and the proclamation of deputies and elected senators may be the object of a contentious electoral resource that will be governed by the provisions of the present Royal Decree-law, with application, where appropriate, of the rules contained in the Law regulating the administrative-administrative jurisdiction.

Two. He shall be aware of the resources which are the subject of the impeachment of the agreements on the proclamation of candidacies of the Contentious-Administrative Chamber of the Territorial Audience within whose constituency the Board of Elections is based. Where there is more than one Chamber at the seat of the Hearing, all the judicial-electoral appeals to which the Chamber of Government of the Hearing itself is appointed shall be entrusted. The Magistrates of this Chamber shall not be included in the drawing-draw provided for in Article 8 (2

.

For the resources that have the object of contesting the validity of the election and the proclamation of deputies and elected senators, the Sala de lo Contentios-Administrative of the Supreme Court of Justice will have jurisdiction. the Board of Government of the same party in accordance with the provisions of Article 15 of the Law governing the Administrative-Administrative Jurisdiction. The procedure shall be carried out by one of the Secretaries of the Chamber, appointed by its President.

Three. They shall be entitled to bring the contested electoral remedy or to oppose any of the following:

(a) The representatives of the candidates whose proclamation would have been refused and the persons to whom the refusal was referred.

b) Representatives of the nominated or concurrent candidates in the District.

(c) The associations and federations which, in themselves or in partnership, have submitted applications in the District concerned.

Four. Public representation and the defense of legality in the litigation-electoral resource will be the responsibility of the Prosecutor's Office.

Five. Against the judgments of the Chambers referred to in paragraph 2 of this Article, no appeal shall be made, either ordinary or extraordinary, except that of clarification within the following day on the notification thereof.

Six. After the sentences passed on the electoral-electoral resources, they will be communicated to the Provincial Electoral Board, through a form of testimony, with the return of the file for their immediate and strict compliance. The Chamber, on its own initiative or at the request of the Prosecutor's Office or the parties, may directly address the authorities, bodies and institutions of any order, to which it reaches the content of the judgment, and shall take all appropriate measures. for the execution of the pronouncements contained in the failure.

Seven. The contested electoral remedy shall be free of charge for all those involved, without prejudice to the costs of the appellant if the appeal is wholly dismissed.

Eight. The electoral resources will be of an urgent nature and will be of absolute preference in the support and failure of any other pending before the competent administrative departments. At the same end they shall be deemed to be business every day, the time limits shall be absolutely non-renewable and shall be borne during the summer holiday period, extending in this period, if any, the action of the Chambers referred to in paragraph 2. of this Article, without which the respective Holiday Rooms may be involved.

Article seventy-four.

One. The contested electoral remedy for the purpose of contesting the agreements on the proclamation of applications shall be brought before the Provincial Electoral Board within two days of the date of the act of proclamation and shall be formalised by writing in which the facts, the grounds of law and the request to be brought are entered and the documents which are conducive to the arguments being substantiated shall be accompanied.

Two. On the same day as the presentation or in the following day, the Chair of the Board shall forward to the competent Chamber the written statement of interposition, the electoral file and the report of the Board in which it states how much it deems it to be the basis of the contested agreement. The decision ordering the referral shall be notified, before being completed, to the other representatives of the nominated candidates, with placement so that they can appear before the Chamber within the same day or next.

Three. The Chamber, within the day following the placement of the persons concerned, shall forward the document of interposition and the accompanying documents to the Prosecutor's Office and to the other persons who have been personified within that period, In the light of the electoral record and the report of the Board, they may, within the common period of three days, be able to invoke what they consider to be appropriate. The pleadings may be accompanied by the documents which he or she may be able to serve in order to undermine the grounds of the challenge.

Four. By deducting the arguments referred to in the preceding paragraph or after the period within the same period, the Chamber shall, without further formalities, give judgment within three days. The statement will be reported on the same day or next.

Five. The statement will make any of the following failures:

a) Inadmissibility of the resource.

b) Validity of the proclamation of the candidacies.

(c) Invalidity of the proclamation and, where applicable, of the exclusion of the candidates concerned, with the precise determinations in order to the proclamation.

Six. The judgments given in these proceedings will have absolute preclusive effectiveness for electoral purposes, without the possibility of discussing the legality of the proclamation of any subsequent applications. The appeal of the challenge of the validity of the election and the proclamation of deputies and senators cannot be founded on procedural defects that could have been alleged in the process on the proclamation of candidacies, although this resource would not have been used.

Article seventy-five.

One. The electoral dispute that has as its object the challenge of the validity of the election and the proclamation of deputies and elected senators shall be brought before the Provincial Electoral Board within five days of the act in which the the proclamation has taken place and shall be formalised in the manner provided for in paragraph 1 of the preceding Article, continuing the processing as provided for in paragraphs 2 and 3, but the period of the claims shall be eight days, and in the written may be requested, where appropriate, for the receipt of proof and to be proposed consider appropriate.

Two. By deducting the arguments referred to in the preceding paragraph or after the period prescribed in the preceding paragraph, the Chamber may, within the following day, either of its own motion or at the request of a party agree to the proof and practice of which it declares relevant, which shall be developed in accordance with the rules laid down for the litigation-administrative process, but the period may not exceed 10 days.

Three. After the end of the probative period, where appropriate, the Chamber shall, without further formalities, give judgment within 10 days.

Four. The statement will make any of the following failures:

a) Inadmissibility of the resource.

b) Validity of the election and the proclamation of the elected candidates.

c) Nullity of the election held and the need for a new call in the appropriate District.

(d) Nullity of the proclamation agreement of one or more elected candidates and proclamation as such of the one to whom, where appropriate, it corresponds.

The nullity will not proceed when the vice of the electoral procedure is not determining the outcome of the election. The invalidity of the vote in one or more sections shall also not result in the nullity of the election where the latter does not alter the final result.

Article seventy-six.

One. As long as this Royal Decree-law or its implementing rules does not establish a specific challenge or challenge, the Agreements of the Electoral Boards shall be subject to the Board of Superior.

Two. The appeal must be brought within 10 working days of the notification or publication of the contested decision. After 30 calendar days from the interposition of the appeal without the notification of its decision, the following shall be deemed to be dismissed. In the event of silence, the period of appeal to the Board of Governors shall be six months, from the position of the interposition.

Three. The agreements of the Central Electoral Board, whether adopted in the first instance or on the basis of appeal, shall be subject to the judicial-administrative jurisdiction in the manner provided for by its Law. The replacement facility shall not be required to be brought before the replacement.

Four. In the jurisdictional resources provided for in this article and in the precedents, the Courts entrusted with its support will be able to claim from all the dependencies, authorities and institutions of the State and the Local Corporations information or documents deemed necessary or useful for the performance of their duties, as well as the opening of information in respect of facts not well established by entrusting the practice of the proceedings relating to a Judge or Magistrate.

Five. Whenever special rules do not provide otherwise, the performance of the Electoral Boards shall be in accordance with the following requirements:

(a) Judgments concerning rights or interests shall be preceded by a file in which the persons concerned shall be heard in the manner provided for in Article 90 and one of the Law of Procedure. Administrative.

(b) To the bodies which are formulated to the meetings, as well as to the resources provided for in this Article, the provisions of the Articles ninety-four, 14-and-of-the-third---------------------- of the same Law.

(c) In the case of sanctions, the requirements of Title VI, Chapter II of the Law on Administrative Procedure, shall apply at least. In no case shall the Boards of Elections, in resolving the remedies that are before them, aggravate the sanctions imposed by the contested decisions.

(d) In any event, the provisions of the Law of Administrative Procedure shall be in order to the extent that the character of the Boards consents to it.

Article seventy-seven.

Notwithstanding the provisions of the preceding article, when the agreements to which he himself referred would have been adopted during the electoral period and make the process of the elections, the claims and the resources that are The Board of Directors of the Board of Directors of the Board of Directors of the immediate superior level shall be dealt with and resolved within five days, from its interposition. It shall take place within 24 hours of the notification of the agreement and before the Board which has issued it, which, with its report, shall forward the file within forty-eight hours to the Board to be resolved. No administrative or judicial action shall be taken against the decision of the latter, without prejudice to the fact that the facts of the complaint may be relied on in the case of the dispute-electoral resources referred to in Articles 70 and 3. Seventy-five.

TITLE VIII

Crimes and electoral violations

CHAPTER FIRST

Election Crimes

Section first. General provisions

Article seventy-eight.

The effects of this title will be considered public officials, in addition to those included in Article 1, 19 of the Penal Code, who play a role in the elections, the Presidents and Vowels of the Electoral Boards, the Presidents, the deputies and the interventors of the electoral tables and the corresponding alternates.

For the same purposes, the census and its authorized copies, the minutes, lists, certifications, heels or credentials of appointments of those who have to intervene in the electoral process will have the consideration of official documents. and how many emanate from persons to whom this Law orders their expedition.

Article seventy-nine.

The facts likely to be qualified according to these rules and to the Penal Code, will always be by that precept of one or the other that applies greater sanction to the crime or the lack of tasks.

Article eighty.

For all the offences referred to in this Title shall be imposed in addition to the penalty referred to in the following Articles, that of special disablement for the right to vote and to stand as a candidate.

Article eighty-one.

The Courts, taking into account the transcendence and gravity of the criminal acts prosecuted and the personality of the offender, may impose the penalties immediately above those indicated.

Article eighty-two.

In everything that is not expressly regulated in this chapter, the Penal Code will apply.

Section 2. Of the crimes in particular

Article eighty-three.

They will be punished with the highest arrest penalties and fine of ten thousand to one hundred thousand pesetas public officials who voluntarily carry out an action or omission that has as their object:

First. -That the formation of the lists of voters, whether provisional or definitive, are not made in accordance with the legally established rules or are not complied with, in terms of time, form and place of the rules on display to the public.

Second. The unauthorized alteration of the dates, times or places in which any electoral act must be held, even of a preparatory nature, or that the modes, forms or terms of its announcement may mislead the constituents.

Third. -That the formation of the census, constitution of the Juntas or electoral tables, voting, agreements, votes or proposals of candidates will be produced in terms other than the legally established ones.

Fourth. -That the minutes and other electoral documents are not extended or are not signed by those who must do so at the appropriate time or do not have the course due.

Fifth. -That the electors, candidates, proxies, auditors, or notaries who examine, in the legally established form, the ballot box, before the vote begin, as well as the envelopes and ballots that will be prevented or made difficult. They will be extracted when the scrutiny is done.

Sixth. -Discover the secret of voting.

Seventh. -Suspending, without justified cause, any electoral act.

Eighth. -Negate, hinder or unduly delay the admission, course or resolution of the protests or claims of the electors who are legally entitled to make them or not to leave them with due documentary evidence.

Ninth. -To issue notification notices ordering the Act or not to issue or to issue, where appropriate, the requested certification of electoral acts.

Individuals who participate in the realization of any of the previously described criminal figures will be punished with the highest arrest penalty, in their minimum degree, or fine of ten thousand to one hundred thousand pesetas.

Article eighty-four.

They will be punished with greater arrest or fine of fifty thousand to five hundred thousand pesetas who carry out any of the following acts:

First.-Carry out propaganda, once the deadline for the election campaign is over.

Second. -Infringir the legal norms regarding electoral posters and spaces reserved for them for the various candidacies, as well as the norms regarding the meetings and other public acts of propaganda election.

Article eighty-five.

The President and the Adjuntos of the Electoral Tables, as well as their respective alternates, who cease to perform their duties, leave them without legitimate cause or fail to comply without cause Prior notice or excuse obligations imposed on you by Article twenty-seven of this Law, will incur the penalty of greater arrest and fine of ten thousand to fifty thousand pesetas.

Article eighty-six.

One. They will be punished with the greatest arrest penalty:

First. -Who by means of rewards, handouts, remunerations or promises of the same, directly or indirectly request the vote of some elector or induce him to abstain.

Second.-Those who carry out acts, omissions or manifestations contrary to the provisions of this Law with the object of cohibir or to exert pressure on the electors so that they do not use their right or exercise it against their will voting or leaving certain candidates to vote.

Third. -Who in any way prevents or hinders the exercise of their right to any voter.

Two. They shall incur the penalty referred to in the preceding paragraph and, in addition, the public servants who use their powers for one of the purposes referred to in paragraph 1 of this Article or in the public office of special disablement for public office. exercise of such powers willfully cause manifest prejudice to a candidate or person who performs any function related to elections, except in the case of repressing flagrant infringements.

Article eighty-seven.

Those who prevent or impede unjustifiably the free entry and exit of the voters and the proxies of the candidates in the place where they should exercise their right, their approach to the electoral tables, the permanence of notaries, candidates or their proxies and electors in the places where electoral acts are carried out, so that they cannot and cannot easily exercise their office or their right and check the regularity of such acts, they incur, being civil servants public, in the penalty of greater arrest and, being particular, in the penalty of greater arrest in their degree minimum.

Article eighty-eight.

Those who produced a tumult or take the order in any electoral act or penetrate the premises where they are held carrying weapons or other instruments that are likely to be used as such, will be punished with the punishment of Greater arrest and fine of ten thousand to one hundred thousand pesetas. If the acts described are not serious, they will be punished with a fine of ten thousand to fifty thousand pesetas, according to the prudent arbitration of the Juzgador.

Article eighty-nine.

They will be punished with the penalties mentioned in the articles three hundred and two and three hundred three of the Penal Code, according to the character of the persons responsible, who voluntarily perform some of the following acts:

First. -Hear or annotate in a way that leads to error about its authenticity, the names of voters in any electoral act.

Second. -Change, hide, or alter, in any way, the electoral envelope or ballot, which the voter delivers when exercising his or her right.

Third. -Inaccurately conduct the count of voters in acts concerning the formation or rectification of the Census or electoral operations or the reading of ballots.

Fourth. -Effectiveness undue proclamation of persons.

Fifth. -False to the truth in verbal manifestations to be held in some electoral act.

Sixth. -Vote two or more times in an election, use a foreign name to vote or do not have legal capacity to do so.

Seventh. -Consentir, being able to avoid it or to formulate the corresponding protest, the emission of the vote in the cases foreseen in the previous number.

Eighth. -Print, make or use ballot papers or envelopes, with violation of established rules.

Ninth. -To commit any other electoral falsehood, analogous to the previous ones, in any of the ways mentioned in the article three hundred two of the Penal Code.

Tenth. -Suscite, without rational reason, doubts about the identity of a person or the entity of their rights.

If the alterations of the truth referred to in this article are committed by reckless recklessness, they shall be sanctioned in accordance with the first paragraph of the Penal Code.

In the assessment of the cases referred to in this Article, the Courts shall comply with the provisions of Article three hundred and eighteen of the Criminal Code.

Section 3. Procedure for your sanction

Article ninety.

The ordinary jurisdiction is the only competent jurisdiction for the knowledge of electoral crimes. The procedure to be followed shall be the case in each case, in accordance with the Criminal Procedure Act. Action taken pursuant to these rules shall be of a preferential nature and shall be dealt with as quickly as possible.

The criminal action arising from these crimes is public and may be exercised without any deposit or bail.

Article ninety-one.

The Court or Judge to which the execution of the final judgments given in causes for crimes to which this Title refers will have the publication of those in the "Official Gazette" of the province and will transmit a Copy of the newspaper to the Central Electoral Board.

Article ninety-two.

Both in terms of prosecution, execution, and, where appropriate, resources, as far as electoral crimes are concerned, will apply without more specialties than those already mentioned, the Criminal Procedure Act.

CHAPTER II

Infractions

Article ninety-three.

Any violation of the mandatory rules laid down in this standard or in the provisions that are issued for its execution, which do not constitute a crime, will be sanctioned by the Electoral Boards with a fine of five thousand a year. Fifty thousand pesetas, if they are authorities or officials, and a thousand to twenty-five thousand pesetas, if they are carried out by private individuals.

TRANSIENT PROVISIONS

First.

As long as the Law does not provide anything else, the Electoral Boards organized by these rules will have the status of permanent organs of the electoral administration. However, the Office of the Central Board and of the Provinces referred to in Article 7 (3) and Article 8 (3) shall cease to be such at the end of the electoral process to which these rules are refer.

Second.

The perception of gratifications by officials who are entrusted with tasks not related to their job related to the preparation or execution of the electoral process, will in any case be compatible with that of their You shall have, without prior declaration.

Third.

Vacancies that occur in Local Corporations and other collegiate bodies as a result of the ineligibility established in this Royal Decree-Law shall not affect the computation of the members of the law of each other. others for the purposes of the constitution and voting quorums that in each case are required by the legal provisions.

Fourth.

The Census review will continue in accordance with the rules that now govern it, and how many references are made to the Electoral Census in this Royal Decree-law are to be understood in the sense that it will be operated on the Census in the actual terms in which you are at the time when, according to these rules, each performance is to be performed.

Fifth.

One. As long as the relevant measures are not taken in relation to the structure of the National Movement, and without prejudice to what is established therein, the inelegibilities referred to in the following paragraphs shall be governed.

Two. The holders of the posts referred to in Article forty and four of the Organic Statute of the Movement, approved by Decree three thousand and seventy/thousand nine hundred and sixty-eight, of twenty December, nor, in general, who are the ones, will not be eligible. have been designated by Decree of the National Head of the Movement within the meaning of Article forty and eight of the said Staff Regulations.

Three. Nor shall they be eligible for the district in whole or in part within the territorial scope of their jurisdiction the Provincial Subheads, the Provincial Delegates and the local Heads of the Movement.

Four. For the qualification of the ineligibility, in any case, the provisions of Article 4 (3) of these rules shall apply.

FINAL PROVISIONS

First.

The Government is authorised to make the necessary provisions for compliance with these rules.

Second.

For the computation of the terms and terms referred to in this Royal Decree-Law, the days shall always be construed as natural days, unless otherwise expressly provided.

Third.

One. The Law of eight of August of a thousand nine hundred seven, as well as many provisions regarding the elections to Cortes, the Law thirty thousand nine hundred and seventy five, of thirty and one of July, on incompatibilities of the Procurators and any other provisions that are contrary to the provisions of the present.

Two. The Government may amend by Decree all the electoral norms that are not repealed by this Decree-Law, which, if the character of the Laws are to be held, are reduced to a regulatory level.

Fourth.

The present Royal Decree-law, which will be immediately given to the Courts, will enter into force the day after its publication in the "Official Gazette of the State".

Given in Madrid to eighteen of March of a thousand nine hundred and seventy-seven.

JOHN CARLOS

The President of the Government,

ADOLFO SUAREZ GONZALEZ