Spain--2011 FDA Global Electoral Fairness Audit Report

2011 FDA Global Electoral Fairness
Audit of Spain's Monarchical Electoral
System

Executive Summary

Spain received an overall electoral fairness score of 42.25 percent. The score means that the
constitutional and legislative basis of Spain's electoral system within its monarchy is
unacceptable and more unfair than fair. A score of 50 percent is the minimum passing score.
Spain has many elements of electoral fairness such as proportional representation, free public
airtime for registered parties, parliamentary seats for self-governing, autonomous regions,
and disability assisted votes, mail and diaspora votes. However, these fairness elements are
more than offset by a consistent legislative bias to political parties successful in the previous
election, lack of transparency of electoral finances, and partisan private media outside of the
election period. The election period is only two weeks in duration. So there are potentially
1447 days in which the Spanish voting public can be influenced and/or manipulated by the
major media (which has no ownership concentration regulations). The bias to parties
successful in the previous election applies to media access, public electoral subsidies, and the
proportional determination with the 3 percent of national votes as the barrier of entry. Just
because a party was successful in the previous election, it does not follow that it should have
an advantage over new and small parties not successful previously, in the current election.
The Spanish system, despite claiming to be a multi-party system, encourages significantly
the status quo and a two party system, at the expense of electoral discourse and ultimately
electoral choice. It is unclear why the Spanish large, established parties cannot compete on
equal playing field with other Spanish parties, rather than relying on a significant unfair
legislative advantage. Similar to Canada, the problem with the Spanish system is that the
majority of the Spanish parliamentarians creates and amends the election and media laws to
their advantage. This conflict of interest results in a democratic dictatorship of two parties
with the monarchy, as suggested by the fact that in the eight elections since the fall of
Franco, only the same two parties have attained elected political power in Spain.

Electoral Fairness Audit Completed September 26, 2011.
Updated October 3, 2011

About the Foundation for Democratic Advancement:

The Foundation for Democratic Advancement (FDA) is an international independent, non-
partisan democracy organization. The FDA’s mission is

to measure, study, and communicate the impact of government processes on a free and
democratic society.

Overall, the FDA works
1. to ensure that people become more knowledgeable about the outcomes of govern-
ment processes and can then make decisions that are more informed;
2. to get people involved in monitoring government processes at all levels of govern-
ment and in providing sound, practical, and effective suggestions. (For more infor-
mation on the FDA visit: www.democracychange.org)

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However, if you or your organization has an important research idea or are aware of an important
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help raise public awareness by initiating and leading change through report research and
analysis. Please contact the FDA at (403) 669-8132 or email us at info@democracychange.org
for more information.

An online version of this report can be found at: www.democracychange.org

Purpose of Electoral Fairness Audit:

The purpose of the FDA’s electoral fairness audit (the ―Audit‖) is to determine a grade and
ranking for electoral fairness in Spain at the parliamentary level of government. This Audit is
part of the FDA’s global audit of electoral fairness involving all countries which hold political
elections. The FDA's goal is to give the citizens of Spain an informed, objective perspective of
the fairness of the Spanish republic electoral system.

The views in this electoral fairness audit are the views of the FDA only. The FDA’s members and
volunteers are in no way affiliated with the Spanish Central Electoral Board or any of the
Spanish registered/non-registered political parties. The Audit is an independent assessment based
on objectivity, transparency and non-partisanship. The FDA assumes no responsibility or liability
for any errors in the calculation of its audit results or inaccuracies in its research of relevant
Spanish legislation.

Methodology of the Electoral Fairness Audit:

The FDA uses the methodology of more reasonableness which was created by FDA founder and
executive director, Stephen Garvey. The methodology focuses on facts themselves for fairness
and unfairness, and their comparative numerical value. To determine the correct numerical value
for facts, FDA auditors are guided by matrices which show the numerical value of established
facts, and FDA scoring scales for fairness and unfairness.

Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain

The FDA focuses on four key areas of electoral fairness:

1) Laws and regulations on the political content of media including newspapers, broadcasters and
online media before, during, and after elections;

2) Laws and regulations on the candidates’ and parties’ influence before, during and after
elections, such as national televised debates, restrictions on candidate nominations, party
registration requirements, etc.;

3) Laws and regulations on electoral finance, such as party and campaign donation limits, third
party spending limits etc.; and

4) Laws and regulations on voter say before, during, and after an election. The FDA auditors
determine the fairness of Spanish laws and regulations for voter say in the media, at the polling
booth, through electoral finance and constitutional laws etc.

The FDA audits these four areas of electoral fairness because, in our opinion, they are often
ignored or overlooked by the international community in determining electoral fairness.
Moreover, these four areas cover broad aspects of the electoral process in which fairness could
be compromised significantly. The FDA acknowledges that electoral laws and regulations may
not necessarily correspond to the implementation of those laws and regulations or the public’s
response to them. The implementation and response could be positive or negative, in terms of
electoral fairness. Nevertheless, laws and regulations provide the foundation for democracy,
framework for the electoral system, and an indication of electoral fairness. Also, a country's
constitutional and electoral laws are part of the reality of its democracy. A further study which
tracks the actions of mainstream media and the enforcement or non-enforcement of electoral
laws and regulation, for example, would provide a more reliable overall determination of
electoral fairness.

The FDA researched current Spanish legislation, in relation to the four areas of electoral fairness
being audited. Following which, the FDA audited the research results via the FDA electoral audit
team and established FDA matrices and scoring scales. The scores and the reasons for them are
recorded.

Weighting and Scoring:

Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness and
relevancy. Each area of electoral fairness has a score range between 0 and 10, and each area is
counted equally. The FDA auditors allow for overlap of electoral fairness areas, due to the
interconnectedness of the areas. For example, electoral finance will be factored into the score for
voter say and candidate and party influence if it is relevant to these areas. The total averaged
score will provide an indication of the electoral fairness in Spain.

The FDA electoral audit team deliberated on the research on each area of electoral fairness, and
then attempted to reach consensus on the scores. When no consensus could be reached, the
individual scores of the team were averaged. The final score for each area must be supported by


more sound reasons and correspond to the established FDA matrices and scoring scale.

FDA Researchers:

Ms. Anastassia Poukalenko, FDA researcher and bachelor degree in International Relations
(University of Calgary)
Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science
(University of British Columbia) and Masters degree in Environment and Development
(University of Cambridge).

FDA Electoral Fairness Audit Team:

Chief Electoral Auditor:


Electoral Auditors:

Mr. Juan Baudrand, FDA volunteer, 4th year major in Political Science (University of Calgary)
and masters degree in Sociology (University of Concepcion).
Ms. Nicolette Lambert, FDA researcher, bachelor honors degree in Political Science and major in
Psychology (McGill University).
Mr. Dale Monette, FDA business director of finance and bachelor degree in Commerce
(University of Saskatchewan).
Mr. Milton Ortega, FDA researcher, bachelor degree in International Relations (Universidad San
Francisco de Quito), master degree in Public Administration (MPA) (Portland State University),
and PhD candidate in Public Administration and Policy (Portland State University).
Ms. Anastassia Poukalenko, FDA researcher and bachelor degree in International Relations
(University of Calgary).
Mr. Dane Synnott, FDA volunteer and bachelor degree in History (University of Calgary).
Ms Sophie Wang, FDA volunteer and bachelor degree in Commerce (Queens University).

Report Writers:



© 2011, Foundation for Democratic Advancement
All rights reserved.

Foundation for Democratic Advancement
728 Northmount Drive NW
PO Box 94
Calgary, Alberta
Canada, T2K 1P0
info@democracychange.com


Table of Contents
Political Background on Spain 8

Chapter 1: Political Content of Media 9

Score and Rationale 16

Chapter 2: Political Candidate and Party Influence 18


Chapter 3: Electoral Finance 33


Chapter 4: Voter Say 42

Score and Rational 46

Chapter 5: Overall Audit Results 50

Chapter 6: Analysis 51

Chapter 7: Conclusion 53

Chapter 8: Recommendations 53

References 54

Political Background on Spain
Spain had had several democratic experiences throughout it's history. Particularly in the 20th
century, it experienced a Civil War between 1936-39, in which the Nationalists had fought
against the Republicans in a war of political ideologies. The Nationalists, under the general
Francisco Franco had prevailed, and a long period of authoritative dictatorship governed the
state. Franco died in 1975. His death paved the way for the dismantling of his dictatorial political
system and a new Constitution was written in 1978, which has effectively been in place since
then.

According to country's Constitution, Spain is a parliamentary monarchy which means that the
sovereignty lies with its people through the Cortes.

The current king is Juan Carlos.

The position of the monarchy in practice plays largely a symbolic role. The constitution has
defined the functions of the monarchy as the Commander-in-Chief of the Armed Forces (article
62b), sanctioning and promulgation of laws (article 62a), issuing decrees approved by Council of
Ministers (article 62f). These functions are basically formalities. The king may play a role in the
procedures for designating candidates as presidente/ head of government.

The parliament is called ―Cortes‖ and consists of two chambers: a) The Congress of Deputies
(Congreso) – the lower house and b) The Senate (Senado) – the upper house.

Both chambers may be used to initiate legislation but the Congress ultimately has a veto over the
Senate.

The Senate, as outlined in the constitution, should be a genuine chamber of territorial
representation of the autonomous regions within Spain, but the transformation of this process has
been slow.

The Congress of Deputies elects the President of the Government (Presidente) by a vote of
investiture. (Essentially a prime minister). The candidate is nominated by the Crown.

The parliament, since the fall of Franco's regime (1978), has been overshadowed by single-party
majority governments.

Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 7

Chapter One: Political Content of Media
Chapter one will focus on the research and audit results of Spanish laws and regulations with
respect to the fairness of the political content of media, including newspapers, broadcasters and
on-line media, before, during and after elections.

Main Research Findings: Spain received a score of 53.75 percent for the political content of
media including broadcasters and the press. The score means that the legislative basis for the
political content of the media is in the passing zone, and there is slightly more fairness than
unfairness. FDA auditors could not reach consensus on the score. Two auditors gave Spain a
score of 30 percent for failing to ensure broad and balanced media political content outside of the
election period. Three other auditors gave two scores of 70 percent and one score of 60 percent.
These scores reflect Spain's attempt to create fair political content during the election period by
giving free public airtime to all registered parties, albeit based on the degree of success in the
previous election, and the legislated proportional and neutral aspects of public and private media.
However, unlike in France, Norway, and Bolivia as examples, there are no Spanish media
ownership concentration laws, which would help encourage plurality. And non-election period is
about 1447 days as compared to 14 days for elections period.

Document Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers
made some excerpts bold to emphasize high relevance:

Spain is hereby established as a social and democratic State, subject to the rule of aw, which
advocates freedom, justice, equality and political pluralism as highest values of its legal system.

Chapter 1. Section 20:1. 1. The following rights are recognised and protected:
a) the right to freely express and spread thoughts, ideas and opinions through words, in writing
or by any other means of reproduction.
b) the right to literary, artistic, scientific and technical production and creation.
c) the right to academic freedom.
d) the right to freely communicate or receive truthful information by any means of dissemination
whatsoever. The law shall regulate the right to the clause of conscience and professional secrecy
in the exercise of these freedoms.

Section 20:3 The law shall regulate the organization and parliamentary control of the mass
communication media under the control of the State or any public agency and shall guarantee
access to such media by the significant social and political groups, respecting the pluralism of
society and of the various languages of Spain.

Section 20:5 The seizure of publications, recordings and other means of information may only
be carried out by means of a court order.


Organic Law 5 / 1985 of 19 June on the General Electoral System.
SECTION IV. GENERAL ELECTION CAMPAIGN.

Article 50.

1. The public authorities under its competition law have called an election can be made during
the electoral campaign of institutional intended to inform citizens about the date of the vote, the
voting procedure and voting requirements and procedures by mail, without affecting in any case,
the orientation of the vote of the electors. This institutional advertising space will be made free of
the media of public ownership of the territory for the electoral process in question, sufficient to
achieve the objectives of this campaign.

2. Added by Organic Law 2 / 2011 of 28 January. Since the announcement of elections and
holding up the same prohibited any event organized or financed, directly or indirectly by the
government that contains references to the accomplishments or achievements, or use images or
matching or similar expressions those used in their own campaigns for some of the political
entities competing in the elections.

3. Added by Organic Law 2 / 2011 of 28 January. Also during the same period is prohibited from
performing any act of inauguration of public works or services or projects of these, whatever the
name used, notwithstanding that such works or services will be in operation during this period.

Article 52.

It prohibits any active member of the Armed Forces or the Forces of State Security of the
Autonomous Police and Municipal Judges, magistrates and prosecutors and members of the
Electoral, disseminate electioneering or perform other campaign activities.


Article 50.SECCIÓN V. PROPAGANDA AND ACTS OF CAMPAIGN.

Article 53. Period ban campaign. Editorial by Law 2 / 2011 of 28 January.

You can not spread propaganda station or perform any act of election campaign once it has been
legally terminated. Receiving free facilities provided by public administrations will be strictly
limited to the period of election campaign. The foregoing limitations are without prejudice to the
activities of parties, coalitions and federations in the exercise of its functions are constitutionally
recognized and, in particular, Article 20 of the Constitution.

Nevertheless, since the announcement of elections to the legal start of the campaign, is
prohibited from conducting election advertising or publicity through posters, commercial carriers
or inserts in newspapers, radio or other digital media, unable to justify such actions by the
exercise of the ordinary activities of parties, coalitions or federations recognized in the previous
section.


Article 54.

1. Editorial by Law 2 / 2011 of 28 January. The holding of public campaign events is governed
by the provisions of the laws regulating the right of assembly. The powers conferred on this
matter to the government authority means assumed by the Provincial Election, without prejudice
to the power of the Central Electoral Board of unifying interpretative criteria.

2. Remain in any case, the powers of the governing authority with respect to public order, and to
this end, the Boards should inform the authority given notice of the meetings which they have
been informed.
3. The local councils must reserve officers and public places free for the holding of election
campaign activities.

Article 55.

1. The councils have the obligation to reserve special places free for the placement of posters
and, if necessary, banners and posters hanging on poles or lampposts by the system call flags.
Propaganda through the banners and placards may be placed only in areas reserved as free by the
municipalities.

2. Apart from special places set free in the previous section, parties, coalitions, federations and
the candidates can only put up posters and other forms of electioneering in the approved
commercial spaces.

3. Editorial by Law 2 / 2011 of 28 January. Spending by candidates in this type of advertising
may not exceed 20% of the spending limit provided for in Articles 175.2, 193.2 and 227.2,
according to the electoral process in question.

Article 56.

1. For the purposes of the preceding article in the municipalities, within seven days following the
call, notify the sites available for free placement of posters and, where appropriate, banners and
placards to the appropriate Area Electoral Board.

2. This distributes the places mentioned taking the total number of votes obtained by each party,
federation or coalition in the previous elections in the same district counterparts, and attributed
according to the preferences of the parties, federations or coalitions with the most votes in recent
elections equivalent in the same district.

Article 57.

1. For the purposes of Article 55 Municipalities, within ten days following the call, reported to
the Electoral Area for which, in turn, draws the attention of the provincial board, the local
officers and public places are reserved for conducting free election campaign activities.

2. This relationship must contain the specification of the days and hours when each is used and


should be published in the Official Gazette of the Province, within fifteen days following the
call. Thereafter, representatives of the candidates can apply to the Area Board's use of the
premises and places mentioned.

3. The fourth day after the proclamation of candidates, Area Boards and local attribute places
available, depending on applications, and when several are coincident, considering the criterion
of equal opportunities and, secondarily, to the party preferences , federations or coalitions with
the most votes in recent elections equivalent in the same district. Electoral Area Meetings notify
the representative of each candidate's premises and places allocated.

Article 58.

1. Nominations shall be entitled to make publicity in the press and radio stations in private
ownership without the costs incurred in this advertisement may exceed 20% of planned spending
limit for parties, groups, coalitions and federations and nominations Articles 175.2, 193.2 and
227.2, according to the electoral process in question.

2. Rates for this election advertising shall not exceed those agreed for commercial advertising
and may not take any discrimination between candidates in terms of inclusion, rates and location
of such advertising space, which shall expressly condition.

SECTION VI. USING MEDIA TO THE CAMPAIGN. New section according to Organic
Law 2 / 2011 of 28 January.

Article 59.

Be set by ministerial special rates for electoral propaganda mailings.

Article 60. Election advertising media. Editorial by Law 2 / 2011 of 28 January.

1. Can not be contracted electoral advertising space in media or public ownership of private
television stations.

2. During the campaign the parties, federations, coalitions and groups that attend the election are
entitled to free advertising space on the airwaves of television and radio in public ownership as
provided in the following articles.

Article 61.

The distribution of free airtime for election is made according to the total number of votes
obtained by each party, federation or coalition counterparts in the previous elections.

Article 62.

If the territorial scope of the medium or its programming would be more limited than the election
called, space allocation is made according to the total number of votes obtained by each party,


federation or coalition in the districts included in the corresponding field distribution or, where
appropriate, programming.

In the case of the European Parliament elections, space allocation is made based on the total
number of votes obtained by each party, federation or coalition in the territory of the
corresponding means of disclosure or of its programming.

Article 63.

1. For the distribution of free advertising space for election to any of the two Houses of
Parliament are taken into account only the results of previous elections to the Congress of
Deputies.

2. If simultaneous elections to the House of Representatives elections are held to a Legislative
Assembly of the Autonomous Community or municipal elections, only takes into account the
results of previous elections to Congress for space allocation in the general media nationals.

3. If elections to a Legislative Assembly of the Autonomous Community are held simultaneously
with municipal elections, only takes into account the results of previous elections to the
Assembly for the distribution of spaces in the media in that region or in the corresponding
regional programs of the national media.

4. In the case referred to in the preceding paragraph, provided that the rule does not apply to the
second paragraph of this article, the distribution of spaces in the general planning of the national
media is made according to the results of previous elections.

5. If simultaneous elections to the European Parliament elections are held to any of the two
Houses of Parliament and municipal elections, only takes into account the results of previous
elections to Congress or, where appropriate, the municipal elections to space allocation in the
general programming of the national media.

6. If simultaneous elections to the European Parliament elections are held to a Legislative
Assembly of the Autonomous Community, taking into account only the results of previous
elections to the Assembly for the distribution of spaces in the media of the region or in regional
programs for the national media.

Article 64.

1. Free Time distribution of electoral propaganda in every media outlet in public ownership and
the different areas of programming they have, is made according to the following scale:
- Ten minutes to parties, federations and coalitions that did not attend or were not represented in
the previous elections equivalent.
- Fifteen minutes to parties, federations and coalitions that have obtained representation
equivalent in the previous elections, had not reached 5% of the total valid votes cast in the
country or, where appropriate, in the districts referred to in Article 62.
- Thirty minutes to parties, federations and coalitions that have obtained representation


equivalent in the previous elections, have reached between 5 and 20% of the votes referred to in
paragraph b).
- Forty-five minutes to parties, federations and coalitions that have obtained representation
equivalent in the previous elections, had reached at least 20% of the total votes referred to in
paragraph b.

2. The right to free broadcasting time listed in the preceding paragraph applies only to those
parties, federations or coalitions nominations in more than 75% of the constituencies within the
scope of dissemination or, if necessary, appropriate programming environment . For municipal
elections will be set out in the special provisions of this Act

3. Parties, associations, federations or coalitions that do not meet the requirement for nomination
set out in the preceding paragraph, however, entitled to fifteen minutes in the general issue of the
national media if they had won the previous elections in equating 20% of the votes cast in the
context of an autonomous community under conditions similar to time be agreed to emissions
parties, federations and coalitions to in paragraph 1.d) of this article.

In this case the issue shall be limited to the territory of the Community. This right is not
cumulative to that provided above.

4. The groupings of voters to federate for propaganda in the publicly owned media are entitled to
ten minutes of broadcast, if they meet the nomination requirement prescribed in paragraph 2 of
this article.

Article 66. Ensuring political and social pluralism. See Instruction 4 / 2011 of 24 March.
Editorial by Law 2 / 2011 of 28 January.

1. Respect for the political and social pluralism and equality, proportionality and neutrality of
information in the programming of the media in public ownership at election time, will be
guaranteed by the organization of the media and its control under the law. The decisions of the
governing bodies of those media in the specified election period may be appealed to the Board of
Elections authority in accordance with the provisions of the preceding article and the procedure
that the Central Electoral Board available.
2. During the election period of privately owned broadcasters must follow the principles of
pluralism and equality. Also in this period, private TV must respect the principles of
proportionality and neutrality of information in the electoral debates and interviews as well as
information on the campaign according to the Instructions to this effect, draw the Board of
Elections competent.

Article 67.

To determine the timing and order of issuance of election advertising space they are entitled to
all parties, federations or coalitions that stand for election in accordance with the provisions of
this Act, the Electoral Board shall take into account the preferences of the parties, federations or
coalitions based on the number of votes obtained in the previous elections equivalent.


SECTION VII. RIGHT OF CORRECTION.

Article 68.

When any social media disseminate facts that allude to candidates or party leaders, federations,
coalitions or groups that attend the election, which they consider inaccurate and whose disclosure
would cause harm, may exercise the right of rectification, accordance with the Organic Law 2 /
1984 of 23 March, with the following specialties:

If the information is intended to rectify was distributed in a publication whose schedule does not
allow to disclose the alteration, in the three days of receipt, the director of the media must
publish at their expense to make the deadline stated in another medium the same area and similar
media.

The oral proceedings governed by paragraph 2 of Article 5 of that Law will be held within four
days of the request.

SECTION VIII. Polls.

Article 69.

7. Editorial by Law 2 / 2011 of 28 January. During the five days prior to the vote prohibited
the publication and dissemination or reproduction of election polls by any means of
communication.

Law 2 / 1988 of May 3, regulating electoral advertising on private television stations.

Single article.

1. There may be engaged in election advertising space private TV stations under concession.

2. Respect for pluralism and the values of equality in programs broadcast during election periods
by private television stations will be guaranteed under concession by the local election boards in
the same terms under electoral law to the media in public ownership.


Electoral Fairness Audit Results for Media and Broadcasters:

Score:

After about one hour of discussion, the FDA electoral fairness audit team could not reach
consensus on the score of 53.75 percent.

The scores are averaged, with each score having equal weight.

7/10
7/10
5/10
3/10
3/10
5/10
7/10

Total: 53.75 percent

Rational for Score:

During elections, the political content of public and private media themselves must be
proportional (to current level of power of parties) and neutral. Outside of elections, the political
content of public and private media including broadcasters and press can be partisan. The
election period is 14 days; and the days between an election periods are about 1447 days.

Freedoms of expression are recognized and guaranteed by the constitution.

Spanish law regulates the extent to which government has control over mass state media, and
guarantees access to social and political groups in state media for the purpose of preserving and
promoting a pluralist society within Spain. The FDA auditors could find no information on the
specifics of the guaranteed access.

Seizure or prohibition of publications, recordings and information can only be ordered by the
court.

If a litigation arises, the electoral board publishes their decisions on the content of the problem in
the national newspaper called Gazette.

The public authorities are obligated to notify citizens of an election call and give out all the
proper information for the voting procedures, by mail.

Institutional advertising space during the election process is restricted to private media.

Once an election is called, the government is prohibited from organizing and/or financing any
events which would contain references to its achievements or from using images matching


similar goals.

The government is also prohibited from inaugurating any public works or services during this
period as it may influence voter opinion.

The armed forces, forces of state security, police, and municipal judges, magistrates, prosecutors,
electoral board members are forbidden from performing campaign activities or disseminating
election information.

Respect for the political and social pluralism and equality, proportionality and neutrality of
information in the programming of the media in public ownership at election time, will be
guaranteed by the organization of the media and its control under the law. The decisions of the
governing bodies of those media in the specified election period may be appealed to the Board of
Elections.

Electoral advertising space cannot be contracted in public media or private television
stations. But under certain concessions, private TV stations can engage in advertising airspace
for elections. However during the election period, privately owned broadcasters must follow the
principles of pluralism and equality. Also in this period, private TV must respect the principles of
information on the campaign according to the Instructions to this effect. Respect for pluralism
and values of equality in broadcasting by private TV stations will be guaranteed by local election
boards. The terms for distribution of private TV airspace are the same as those for public
TV airspace.
[Proportionality reinforces status quo.]

Any errors made towards a candidate's campaign can be made to the director of the media.
Proceedings on the issues will be held within 4 days of the request.

Political surveys and election polls are allowed to be conducted up to 5 days before the election
day.

The score of 53.75 percent for the political content of the media means that Spain's media laws
are mediocre, and they are slightly more fair than unfair. During the election period, Spain
attempts to create fairness by giving different amounts of free public airtime to all registered
parties and requiring public and private media to be guided by neutrality and proportionality
based on the results of the previous election. However, there are no media ownership
concentration laws, and there is no regulation of the public and private media's political content
outside of the two week election period. Consequently, Spain is highly susceptible to a partisan
major media significantly shaping electoral discourse at the expense an informed electorate.


Chapter Two: Candidates’ and Parties’ Influence
Chapter two will focus on the research and audit results of Spanish laws and regulations with
respect to the fairness of candidates and parties’ influence before, during and after elections.

Main Research Findings: Spain received a failing score of 40 percent for fairness of candidate
and party influence. Similar to Canada's federal electoral system, Spain has a minimal barrier to
entry for candidates and parties, but significant barriers within the electoral system. The barriers
favor significantly parties successful in the previous election, and thereby create an unfair
advantage. Public and private media exposure and public electoral subsidies are based on a
parties success in the previous election. Also, ballots are destroyed immediately after counting,
which may encourage fraud. Further, a party must have at least 3 percent of the national vote in
order to have a chance at receiving proportional seats. This barrier favors large and established
parties.

Document Excerpts:


Houses of Parliament. Chapter 1. Section 66.
1. The Cortes Generales represent the Spanish people and shall consist of the Congress and the
Senate.
2. The Cortes Generales exercise the legislative power of the State and adopt its Budget, control
the action of the Government and have the other competences assigned by the Constitution.
3. The Cortes Generales are inviolable.

Section 67
1. No one may be a member of both Houses simultaneously, or be a representative in the
Assembly of a Self-governing Community and a Member of Congress at the same time.

Section 68
1.The Congress shall consist of a minimum of three hundred and a maximum of four hundred
Members, elected by universal, free, equal, direct and secret suffrage, under the terms to be laid
down by the law.
2. The electoral constituency is the province. The cities of Ceuta and Melilla shall be represented
by one Member each. The total number of Members shall be distributed in accordance with the
law, each constituency being allotted a minimum initial representation and the remainder being
distributed in proportion to the population.
3. The election in each constituency shall be conducted on the basis of proportional
representation.
4. The Congress is elected for four years. The term of office of Members thereof ends four years
after their election or on the day on which the Congress is dissolved.
5. All Spaniards entitled to the full exercise of their political rights shall be electors and may be
elected.


6. Elections shall take place between thirty and sixty days after the end of the previous term of
office. The Congress so elected must be convened within twenty-five days following the holding
of elections.

Section 69
1. The Senate is the House of territorial representation.
2. In each province, four Senators shall be elected by the voters thereof by universal, free, equal,
direct and secret suffrage, under the terms to be laid down by an organic act.
3. In the insular provinces, each island or group of islands with a Cabildo or insular Council shall
be a constituency for the purpose of electing Senators; there shall be three Senators for each of
the major islands —Gran Canaria, Mallorca and Tenerife— and one for each of the following
islands or groups of islands: Ibiza-Formentera, Menorca, Fuerteventura, Gomera, Hierro,
Lanzarote and La Palma.
4. The cities of Ceuta and Melilla shall elect two Senators each.
5. The Self-governing Communities shall, in addition, appoint one Senator and a further Senator
for every million inhabitants in their respective territories. The appointment shall be incumbent
upon the Legislative Assembly or, in default thereof, upon the Self-governing Community’s
highest corporate body as provided for by its Statute which shall, in any case, guarantee adequate
proportional representation.
6. The Senate is elected for four years. The Senators’ term of office shall end four years after
their election or on the day on which the House is dissolved.

Section 70
1. The Electoral Act shall establish grounds for ineligibility and incompatibility for Members of
Congress and Senators, which shall in any case include those who are:
a) Members of the Constitutional Court.
b) High officers of the State Administration as laid down by law, with the exception of the
members of the Government.
c) The Defender of the People.
d) Magistrates, Judges and Public Prosecutors when in office.
e) Professional soldiers and members of the Security and Police Forces and Corps in active
service.
f) Members of the Electoral Commissions.
2. The validity of the certificates of election and credentials of members of each House
shall be subject to judicial control, under the terms to be laid down in the Electoral Act.

Part IV. Government and Administration. Section 99
1. After each renewal of the Congress and in the other cases provided for under the Constitution,
the King shall, after consultation with the representatives appointed by the political groups with
parliamentary representation, and through the Speaker of the Congress, nominate a candidate for
the Presidency of the Government.
2. The candidate nominated in accordance with the provisions of the foregoing subsection shall
submit to the Congress the political programme of the Government he or she intends to form and
shall seek the confidence of the House.
3. If the Congress, by vote of the overall majority of its members, grants to said candidate its
confidence, the King shall appoint him or her President. If overall majority is not obtained, the


same proposal shall be submitted for a fresh vote forty-eight hours after the previous vote, and
confidence shall be deemed to have been secured if granted by single majority.

CHAPTER I
The creation of political parties

Article 1.Libertad creation and membership.
1. The Spanish political parties can freely create in accordance with the Constitution and
in this Act.
2. Joining a political party is free and voluntary. Nobody can be forced to form a party
or to assimilate or to remain the same.
3. Political parties may form and register federations, confederations and unions of parties
through compliance with the provisions of this chapter and the specific agreement of its organs
competent.

Article 2.Capacidad to form.
1. The promoters of a political party must be individuals, seniors, who are
in the full exercise of their rights, not subject to any legal condition for the exercise of
themselves and have not been criminally convicted of conspiracy, or any of the felonies
2. Constituted political parties may provide in their statutes the creation and recognition of youth
organizations

Article 3.Constitución and legal.
1. The agreement of association shall be by the foundation charter, to be entered into
public document and contain, if anything, the personal identification of promoters,
name of the party that intends to be, members of governing bodies
interim home and the charters that will govern the party is formed.
2. Political parties acquire legal personality by entry in the Register of Political Parties
2. Within twenty days after the submission of complete documentation in the Register of
Political Parties, the Interior Ministry will proceed with its registration of the party.


CHAPTER II.
Right to stand.
Article 6.
1. Spanish are eligible adults, who possess the quality of the voter, are not subject to any of the
following grounds for ineligibility:
a. Members of the Spanish Royal Family in the Civil Registry including regulating
the Royal Decree 2917/1981, of November 27 and their spouses.

b. The Presidents of the Constitutional Court, Supreme Court of the State Council,
the Court of Auditors and of the Council referred to in Article 131.2 of the
Constitution .


c. Judges of the Constitutional Court, the members of the Supreme Judicial Council,
the Permanent Board of the State Council and the Councillors of the Court of
Auditors.

d. The Ombudsman and his Deputies.

e. The Attorney General's Office.

f. The secretaries, general secretaries, directors general of the ministerial departments
and matched them, in particular the heads of cabinet departments of the Presidency
of the Government and the heads of cabinet ministers and state secretaries.

g. Heads of Mission accredited, as a resident, to a foreign state or international
organization.

h. The justices, judges and prosecutors who are in active status.

i. The professional military and complement and members of the Security Forces and
Police on active duty.

j. The Presidents, Members and Secretaries of the Electoral Commissions.

k. Delegates of the Government in the Autonomous Communities and the
Government Sub and other similar authorities with territorial jurisdiction.

l. The President of the Spanish Radio and Television Corporation and the companies
that comprise it.

m. The presidents, directors and similar positions of the autonomous state entities
with jurisdiction throughout the national territory, as well as government delegates in
them.

n. The Presidents and Managing Directors of the managing bodies of the Social
Security with jurisdiction throughout the national territory.

ñ. The director of the Electoral Census Office.

o. The Governor and Deputy Governor of the Bank of Spain and the Presidents and
Directors of the Institute of Official Credit institutions and other loan officers.

p. The President, Directors and Secretary General of the General Council for Nuclear
Safety.


Chapter III. Election Administration. Section I. Board of Elections.
Article 9.

1. The Central Electoral Board is a permanent body and is composed of:
a. Eight members of the Supreme Court justices, appointed by the General Council of the
Judiciary.
b. Five vowels or law professors of political science and sociology, active, appointed a joint
proposal by the parties, federations, coalitions or groups of voters represented in the
Congress of Deputies.

3. The members appointed shall be appointed by Royal Decree and shall continue in office until
the inauguration of the new Central Electoral Board, at the beginning of the next Parliament.
5. The President of the Central Electoral Board will be exclusively dedicated to the functions of
the Electoral Board from the calling of an election until the proclamation of elected and, where
appropriate, to the execution of sentences of the litigation, including the use for protection
provided for in Article 114.2 of this Law , who has led the electoral process. For this purpose, the
General Council of the Judiciary provide the necessary measures.

Article 18.6.

The Electoral Boards shall proceed to publish their decisions or the content of the consultations
evacuated by order of President, when the generality of them do fit.
Advertising is done in the Gazette, in the case of the Central Electoral Board and in the
Provincial Gazette, in the other.

Article 19.

1. In addition to the powers expressly mentioned in this Act, corresponds to the Central Electoral
Board:
a. Direct and supervise the conduct of the electoral registration office.
b. Report on the draft provisions with regard to the electoral roll was given in the
development and implementation of this Law
c. Issue instructions binding on the Provincial Election and, where appropriate, Autonomous
Community, in any electoral matters.
d. Binding resolve queries that furnished by the provincial boards and, where applicable, the
Autonomous Community.
e. Automatically revoked at any time or at the request of an interested party, within the
limits laid down in Article 21 of this Law , decisions of the Provincial Election and,
where appropriate, autonomous region, where characteristics peculiar to the interpretation
of electoral rules by the Central Electoral Board.
f. Unify the interpretative criteria of the Provincial Election and, where applicable,
Autonomous Region in implementing the electoral law.


g. Approve a proposal from the State Administration or Administrations of the Autonomous
models Proceedings of the constitution of polling stations, counting, session of the
general election and proclaimed elected. Such models should allow instant issuance of
copies of records, documents using carbonless or similar procedures.
h. Resolving grievances, complaints and appeals addressed to it under this Act or any
other provision which it has such jurisdiction.
i. To ensure compliance with the rules on election expenditure accounts and by the
candidates during the period between the announcement and the hundredth day
after the elections.
j. Exercise disciplinary authority over all persons involved in an official capacity in
electoral operations.
k. Correct the violations occurring in the electoral process if they are not constituting a
crime and impose fines to the maximum amount provided in this Act
l. Issuing credentials to the Deputies, Senators, Councillors, Provincial and counselors in
case of vacancy island death, incapacity or resignation, once the mandate of the
Provincial Election and area.
Article 21.
1. Outside of cases where this Act provides a specific procedure for judicial review, the
agreements of the Provincial Boards Zone and, where appropriate, Autonomous Community, the
Board may be appealed to a higher category, which must be resolved during election periods
within five days, and outside them, in ten days, in both cases starting from the proceedings.

CHAPTER V.
GENERAL REQUIREMENTS OF THE NOTICE OF ELECTION.

Article 42.

1. In the case of elections to Parliament or Legislative Assemblies of the Autonomous
Communities in which the Prime Minister or the respective presidents of the regional
government to use their right of early dissolution expressly provided for in law, the decree of
convocation published the next day they are issued in the Official Gazette or, where appropriate,
in the Official Gazette of the Autonomous Community. Enter into force on the day of
publication. The decree of convocation marking the date of the elections to be held fifty-fourth
day after the announcement.

Enter into force on the day of publication. Elections are held the fourth Sunday of May in the
year concerned and the mandates of four years ending in any case the day before the convening
of the next election.


SECTION II. PRESENTATION AND PROCLAMATION OF CANDIDATES.
Article 44.

2. Political parties and associations to establish a coalition pact to jointly attend to an election
must notify the competent Board within ten days following the call. In this letter, you must state
the name of the coalition, the rules governing and holders of its management bodies or
coordination.

Article 44 bis. Added by Act 3 / 2007 of March 22.

1. Applications submitted for the election of Members of Congress, and municipal council
members and the island canary island councils under the terms of this Act, MEPs and members
of the Legislative Assemblies of the Autonomous Communities should have a balanced
composition of men and women, so that the entire list of candidates for each of the sexes
involving at least forty percent. When the number of positions to be filled is less than five, the
proportion of women and men will be as close as possible to the numerical balance.

Article 47.

1. The nominations must be published the twenty-second day after the announcement in the
manner prescribed by the special provisions of this Act

SECTION III. APPEAL AGAINST THE PROCLAMATION OF CANDIDATES AND
CANDIDATES.

Article 49.

1. Since the proclamation, any candidate excluded and the representatives of candidates or whose
proclaimed proclamation would have been denied, have a period of two days to appeal against
decisions of the proclamation of the Electoral before the Court of contentious administration. In
the very act of filing must have the arguments he deems appropriate accompanied by appropriate
evidence.
3. 3. The court decision, to be issued within two days of proceedings, is final and conclusive
character, without prejudice to the procedure of amparo before the Constitutional Court, to which
end with the appeal regulated in this article, understand the requirement established in Article

Article 51.
1. The campaign begins thirty-eighth day after the announcement.
2. It lasts two weeks.
3. Ends, in any case, at midnight the day immediately preceding the vote.


SECTION XIV. Scrutiny in the polls.

Article 95.

1. Conclusion of the voting begins, thereupon, the scrutiny.

2. The public scrutiny is not suspended, unless force majeure, but a convergence of various
elections. The President shall order the immediate expulsion of persons who in any way hinder
or interfere with its development.

3. In the case of coincidence of several elections proceed according to the following order, to
scrutinize the ballots in each case applicable:

First, the European Parliament, then the Congress of Deputies, then the Senate, then the local
entities, then the Legislative Assembly of the Autonomous Community, then the Councils and
Island Councils .

4. The counting is done by removing the President, one by one, the ballot box envelopes and
reading aloud the name of the application or, where applicable, the names of the candidates
elected. The President will highlight each ballot, once read, to the members, auditors and
attorneys.

5. If a notary in the exercise of their functions, representing the member list or a candidate had
doubts about the contents of a ballot read by the Chairman, may ask immediately for
consideration and the consideration should be granted.

Article 96.

1. Is null or vote is cast on the official form different ballot and the ballot paper issued without an
envelope or envelope containing more than one ballot of a different candidate. In the case of
containing more than one ballot in the same application, be counted as one valid vote.

2. Editorial by Law 2 / 2011 of 28 January. Will also zero in all elections the votes cast on
paper ballots that would have been in the modified, added or crossed out the names of candidates
included in them or changed their order of placement as well as those in which any legend had
been introduced or expression, or produced any other alteration of a voluntary or intentional.

3. In the case of Senate elections will be null and void votes in ballots on which they had
identified more than three names on the provincial boundaries of two districts in the island of
Gran Canaria, Mallorca and Tenerife and in the cities of Ceuta and Melilla , and one in the rest of
the island constituencies.

4. Also the votes are void of content in which there had been any alteration of those mentioned in
the preceding paragraphs.


5. Blank vote is considered, but valid, the envelope contains no ballot paper and also in the
Senate elections, ballots containing no indication for either candidate.

Article 97.

1. After the count, the total will be confronted with the voter envelopes listed in the terms of
Article 86.4 of this Law.

2. Then the President asked if any protest to the scrutiny and, there being no or after
officers resolved by a majority of which were submitted, will announce its results aloud,
specifying the number of registered voters, the census certification provided, the number of
voters, the ballot void, the blank votes and the votes obtained by each candidate.

3. Ballots drawn from the ballot will be destroyed in the presence of competitors with the
exception of those to which he had denied validity or had been subject to any claim, which
will join the act and shall be filed with it, once initialed by the officers.

Article 98.

1. The Bureau will announce the results immediately by a tally that contains the data specified in
Article 97.2, and shall without delay on the outside or at the entrance of the premises. A copy
thereof shall be delivered to the respective representatives of each candidate who, being present,
the request or, where applicable, auditors, attorneys or candidates. Not be issued more than one
copy per application.

2. He also issue a copy of the ballot to the person designated by the Administration to receive,
and for the sole purpose of facilitating the provisional information on the election results to be
provided by the Government.
Artículo 107.

1. El acto del escrutinio general no puede interrumpirse. No obstante, transcurridas doce horas de
sesión, las Juntas podrán suspender el escrutinio hasta el día siguiente, no dejando sin concluir el
cómputo de los votos correspondientes a una sección.

2. El escrutinio deberá concluir no más tarde del sexto día posterior al de las elecciones.

Artículo 114.

1. La sentencia se notifica a los interesados no más tarde del día trigésimo séptimo posterior a las
elecciones.

Article 107.

1. The act of the general election can not be interrupted. However, after twelve hours of the
session, the Board may suspend the count until the next day, leaving without completing the
computation of the votes of a section.


2. The scrutiny shall be completed no later than the sixth day after the election.

Article 114.

1. The decision is notified to interested parties no later than thirty-seventh day after the election.

CHAPTER IV.
ELECTORAL SYSTEM.

Article 179.

1. Editorial by Law 2 / 2011 of 28 January. Each municipality is a district in which you choose
the number of councilors that resulting from applying the following scale:
Councillors
Up to 100 residents - 3
From 101 to 250 residents - 5
From 251 to 1000 - 7
From 1,001 to 2,000 - 9
From 2001-5000 - 11
From 5001 to 10,000 - 13
From 10,001 to 20,000 - 17
From 20,001 to 50,000 - 21
From 50,001 to 100,000 - 25

Article 184.
Councillors of Municipalities with populations of less than 250 inhabitants and not subject to
open council system. Editorial by Law 2 / 2011 of 28 January.

Each party, coalition, federation or group may submit a list of three names than if the
municipality has up to 100 residents or five names if you have between 101 and 250 residents.

Each elector may cast their votes to a maximum of two between the candidates set forth in the
district municipalities where up to 100 residents or a maximum of four municipalities from 101
to 250 residents.

He made the counting of votes obtained by each candidate in the district, arranged in a column
represent amounts from highest to lowest.

Shall be declared elected candidates who obtain the largest number of votes to complete the total
number of councilors to be elected according to population.

The case of a tie will be resolved by drawing lots.

In case of death, incapacity or resignation of a councilor, the vacancy shall be assigned the next
candidate has obtained the most votes.


SECTION II. PRESENTATION AND PROCLAMATION OF CANDIDATES.

Article 187.

1. For municipal elections, the Electoral Board responsible for all operations under Title I,
Chapter VI, Section II of this Act in relation to the presentation and announcement of candidates
is the Electoral Area.

2. Editorial by Law 3 / 2007 of March 22. Each application will be made by a list of candidates.
The provisions of Article 44 bis of this Act shall not be required in applications submitted in
municipalities with a number of residents at or below 3,000.

3. To submit nominations, a group of voters need a number of signatures of registered voters on
the electoral roll of the municipality, which must be authenticated by a notary or secretary of the
municipal corporation concerned, determined in accordance with the following scale:

In municipalities with less than 5,000 inhabitants not less than 1% of registered provided that the
number of signatories more than double that of councilors to choose from.

In those between 5,001 and 10,000 inhabitants at least 100 signatures.


In those between 50,001 and 150,000 inhabitants at least 1,500 signatures.


In those between 300,001 and 1,000,000 inhabitants at least 5,000 signatures.

In other cases at least 8,000 signatures.

4. Applications submitted and will be published proclaimed in Official Gazette of the relevant
province.


Electoral Fairness Audit Results for Equality of Candidates and Parties:

Score:

The FDA electoral fairness audit team could not reach consensus on the score of 40 percent.

One auditor abstained from scoring the section because of an inability on his part to make an
objective score. Another auditor had to leave to audit session for personal reasons.


5/10
4/10
3/10
4/10
5/10
3/10

Total: 40 percent

Rational for Score:

The Cortes is divided into two houses, the Congress and the Senate.

No Spaniard can be a member of both Houses simultaneously.

Congress consists of a minimum of 300 and a maximum of 400 members elected by a universal,
free, equal, direct, secret suffrage by the Spanish people.

The scale for the number of candidates which may represent a particular municipality/district:

Up to 100 residents 3
From 101 to 250 residents 5
From 251 to 1000 7
From 1,001 to 2,000 9
From 2001-5000 11
From 5001 to 10,000 13
From 10,001 to 20,000 17
From 20,001 to 50,000 21
From 50,001 to 100,000 25

To qualify for a nomination, a candidate must have a list of signatures supporting his nomination
which follows the following scale:

In municipalities with less than 5,000 inhabitants not less than 1% of registered voters provided
that the number of signatories more than double that of councilors to choose from.






In those between 300,001 and 1,000,000 inhabitants at least 5,000 signatures.

In other cases at least 8,000 signatures.

Electoral constituency is in the province, except the cities of Cueta and Melilla that are
represented by one member each.

Total number of members is distributed according to each constituency being allotted a minimum
initial representation and then the remainder being distributed in proportion to the population.

Election in each constituency is conducted based on proportional representation. Parties need at
least 3 percent of national vote to eligible for seats in parliament via proportional. Proportional
system based on the d'Hondt system of closed party list. Division by 1, 2, 3, 4, 5...

Congress is elected for a period of four years. The term of office for Members ends four years
after the election day.

All Spaniards are entitled to exercise their political rights as be electors and can be elected.

Elections take place between 30 and 60 days after the end of the previous term of office. The
Congress so elected must be convened within 25 days following the holding of elections.

The Senate is the House of territorial representation. The elections for the Senate are the same as
for the Congress. Members are elected for a period of 4 years through proportional
representation. Major island groups have 3 representatives each, minor island groups have 1
representative each. The cities of Cuerta and Melilla have two representatives each. In addition,
self-governing communities appoint 1 senator each, with 1 further Senator for every million
inhabitants in the respective communities.
(50 of Senate seats are appointed by the regional, self-governing legislatures. 208 seats are by
majority direct, first-past-the-post.)

Anyone that is a member of the Constitutional Court, a high officer of the State Administration
(except members of government), a defender of the people, a magistrate, a judge, a public
prosecutor in office, a professional soldier, a member of security and police forces and corps in
active service, the president of the Spanish Radio and Television Corporation and the companies
that comprise it, or is a member of the electoral commission is ineligible to run as member of
Congress of Senate on the grounds of incompatibility.


The King nominates a candidate for the President of the Government. The candidate then
submits his program to the Congress and will be elected by the members of the Congress through
a majority vote.

Parties must be registered through the Registry of Political Parties. The process of registration
takes 20 days.

Limitations for party registration or party membership (in addition to those outlined in the
constitution) are those that promote crimes, specifically those tied to terrorist organizations such
as ETA.

The election process is supervised by the Central Electoral Board which is a permanent body that
is reassembled every four years. It is comprised of 8 members of the Supreme Court justices, 5
law professors of political science and sociology and/or lawyers. They are appointed for life.

If a litigation arises the Electoral Board publishes their decisions on the content of the problem or
consultation in the national newspaper called Gazette.

The Central Electoral Board, among other functions, is responsible for: the supervision of the
electoral registration office, resolving all grievances, complaints and appeals addressed to the
Board, and ensuring compliance with the rules on election expenditure accounts and candidates
between the period of the announcement of an election and up to 100 days after an election.

If the decisions of the Board and not satisfactory they can be appealed. The decisions of the
Board may be appealed to a higher judicial body. During the election period the appeal must be
filed within 5 days. Outside of the election period, the appeal must be filed within 10 days.
The call for elections is officially announced through the Boletín Oficial del Estado (Official
Bulletin) and the elections occur 54 days after the election announcement.

Elections are held the fourth Sunday of May in the year concerned.

Parties and associations may join together to run as a coalition. They must notify the Electoral
Board of their intention to run as a coalition with 10 days of the election call.

There has to be a proportional number of candidates in relation to sex: both men and women
must represent at least 40% of the candidates on the entire list.

The nomination of candidates running must be published on the 22nd day after the election call.
If a candidate was excluded from the candidate list they have a right to appeal within 2 days from
the day of the official publication (appx 25nd day), and the issue will be resolved within 2 days.
All decisions are final.

1. The campaign begins on the 38th day after the announcement.
2. It lasts two weeks.
3. Ends at midnight the day immediately preceding the vote.


Once the voting has ended, all the ballots are counted except those which have been left blank or
have been modified. As soon as the results are known at each polling station, all the ballots that
have been counted towards the elections (except those left blank, modified or altered) are
IMMEDIATELY destroyed. (This makes a total recount of the votes impossible.)

An appeal for the election results can be filed and will be settled within 6 days after an election
by the Electoral Board. However, aside from tables and data, there is no way to recount all the
votes.

Complaints are limited to transcription or arithmetic errors and will be fixed accordingly. An
appeal to the decision by the Electoral Board can be filed and the case will be reviewed again
with a final decision given no later than the 37th day after an election.

Campaign Provisions:

Election campaigns begin on the 38th day after the call for an election. No election advertising
can be conducted through public posters, commercial carriers, inserts in newspapers, radio
or other digital media until the 38th day after the election annoucement.

Free facilities for the purpose of electoral advertising will be provided by public administration
but they are strictly limited to the period of the election campaign. (Campaign billboards and
public meeting rooms free of charge for candidates and parties and adminstered by
municipalities. Parties are offered discount postal rates for campaign mailing programs.)

Posters and other forms of electioneering can only be posted in specific public places and
approved commercial places. These places will be identified and published no later than 7 days
after the call of the election.

Places must be reserved in advance for the purpose of hanging posters, banners, etc.
Reservation is preferencial. This is decided based on previous election results in each specific
residential district. The party with the most votes in the last election will receive the most space
for its posters, banners and placards in the current election.

Spending on this type of avertising (posters, banners, etc.) by candidates may not exceed 20% of
the spending limit defined by the electoral process.

Within 10 days following the call, all reservations will be made by all candidates for the purpose
of conducting election campaigns. Since this process is preferencial and based on previous
election results, if two candidates request the same time and place to campaign, the candidate
with the most votes from the last election will be given preference. The official results of the
campaigning schedule will be printed in the Official Gazette of the Province 15 days following
the election call.

Candidates are entitled to campaign in the press and radio stations in private ownership, the
limit not exceeding 20% of the electoral spending. Rates for this election advertising shall not
exceed those agreed for commercial advertising. There may not be any discrimination between


candidates in terms of inclusion, rates and location of such advertising space.

Candidates are entitled to free advertising space on publicly owned radio and television stations.
Distribution of free airtime for elections is made according to the total number of votes
obtained by each party, federation or coalition counterparts in the previous elections.

The Central Electoral Board is in charge of distributing the electoral airtime.

Free airtime distribution for electoral campaigning:
- 10 minutes of airtime to parties, coalitions, federations, etc that did not attend or were not
represented in the previous election
- 15 minutes of airtime to parties that were represented in the previous election but did not reach
5% of the total valid votes
- 30 minutes of airtime to parties that had reached between 5% to 20% of the total valid votes in
the previous election
- 45 minutes of airtime to parties that had reached at least 20% of the total valid votes in the
previous election

Electoral advertising space cannot be contracted in public media or private television
stations.

But – under certain concessions, private TV stations can engage in advertising airspace for
elections. However during the election period, privately owned broadcasters must follow the
principles of pluralism and equality. Also in this period, private TV must respect the principles of
information on the campaign according to the Instructions to this effect. Respect for pluralism
and values of equality in broadcasting by private TV stations will be guaranteed by local election
boards. The terms for distribution of private TV airspace are the same as those for public
TV airspace.

The state disallows firms/corporations from electoral advertising during an election campaign.

The score of 40 percent means that the legislative basis for candidate and party influence is more
unfair than fair. Although there are elements of fairness such as free public air time to all
registered party and proportional representation, these areas are more than offset by inherent bias
in media access and electoral finance to parties that were successful in the previous election. The
Spanish electoral system encourages a status quo result at the expense of a broad and balanced
electoral discourse and informed electorate. It is unfair to favor a party that was successful in a
previous competition, in a current competition. In the FDA's opinion, parties should compete in
an equal and fair playing field, in which the people decide who their representatives are. The
Spanish system undermines this process by significantly influencing the people as to who they
should vote for.


Chapter Three: Electoral Finance
Chapter three will focus on the research and audit results of Spanish laws and regulations with
respect to the fairness of Spanish laws and regulations with respect to electoral finance.

Main Research Findings: Spain received a score of 11 percent for electoral fairness. The score
means that Spain's electoral finance laws are bordering on complete unfairness. The state does
not require public disclosure of parties' finances, and there is no state requirement that the
finding of the Court of Audit on electoral matters are made public. Also, public electoral
subsidies are based on a party attaining at least 3 percent of the national vote and its success in
the current election, which favors large and established parties. Foreign donations to political
parties are permitted outside of the election period. Although there are caps on party spending
per constituency and caps of donations, these caps are canceled out by the lack of transparency
of electoral finances. Further, the majority of the Spanish parliamentarians determine the
electoral finance laws and the sanctions to parties which violate them.

Document Excerpts:


Article 55

3. Editorial by Law 2 / 2011 of 28 January. Spending by candidates in this type of advertising
may not exceed 20% of the spending limit provided for in Articles 175.2, 193.2 and 227.2,
according to the electoral process in question.

Article 58.

1. Nominations shall be entitled to make publicity in the press and radio stations in private
ownership without the costs incurred in this advertisement may exceed 20% of planned spending
limit for parties, groups, coalitions and federations and nominations Articles 175.2, 193.2 and
227.2, according to the electoral process in question.

2. Rates for this election advertising shall not exceed those agreed for commercial advertising
and may not take any discrimination between candidates in terms of inclusion, rates and location
of such advertising space, which shall expressly condition.


CHAPTER VII.
ELECTION EXPENSES AND GRANTS.
SECTION I. Managers and electoral accounts.

Article 121.

1. All candidates must have an electoral administrator responsible for your income and expenses
and its accounting. Entries that any party or coalition federation present within the same province
have a common administrator.

2. The accounts will be adjusted in any case the general principles contained in the existing
General Accounting Plan.

Article 122.

1. The parties, federations or coalitions to submit nominations in more than one province must
also have a general manager.

2. The General Manager be responsible for all revenue and expenditure made by the party
election, federation or coalition and its candidates, as well as corresponding accounting, which
must contain at least the specifications laid down in paragraph 2 of the preceding article.

3. Applications administrators acting under the responsibility of general manager.

Article 123.

1. Editorial by Law 1 / 2003 of March 10. Electoral administrator may be appointed any citizen,
of legal age in full possession of their civil and political rights. May not be appointed election
administrators who attend people in the circumstance referred to in paragraph b of paragraph 2 of
Article 6 of this Law

2. Representatives of the nomination and the general representatives of the parties, federations or
coalitions can build electoral administrator status.

3. Candidates can not be election administrators.

Article 124.

1. The general managers of the candidates and appointed in a timely manner providing the
special provisions of this Act, reported to the Central Electoral Board and Provincial Boards,
respectively, accounts for the fundraiser.

2. The opening of accounts can be done, from the date of appointment of election administrators
in any bank or savings. The communication referred to above must be made within twenty-four
hours after the opening of accounts.


3. If nominations are not proclaimed or waivers to attend the election, the impositions made by
others in these accounts should be restored to them by the parties, federations, coalitions and
groups that promoted it.

Article 125.

1. All funds to cover election expenses, whatever their origin, should be entered in the above
accounts and all expenditures must be paid from them.

2. Election administrators and persons authorized by them to dispose of the account funds are
responsible for the amounts paid and its application to the purposes indicated.

3. After the campaign, only be available balances of these accounts to pay, within ninety days
after the vote, election expenses previously incurred.

4. Any claim for election expenses not be reported to the appropriate managers within sixty days
after the vote is not valid and not payable. When good cause, the Provincial Election or, if
necessary, the Central Board may grant exceptions to this rule.

Article 126.

1. Those who provide funds to the accounts referred to in the preceding articles shall be recorded
in the act of imposing your name, address and number of your National Identity Card or
passport, which will be exhibited to the corresponding employee of the depositary.

2. When you provide numbers for and on behalf of another person or entity shall be entered on
its behalf.

3. When the deposits are made by parties, it is stated the source of the funds deposited.

SECTION II. ELECTION FUNDING.

Article 127. Editorial by Law 1 / 2003 of March 10.
1. The government subsidizes, according to the rules established in the special provisions of this
Act, the costs to the parties, federations, coalitions or groups of voters for their attendance at
elections to the Congress of Deputies and the Senate, Parliament and municipal elections. In any
case, the grant for each political group may exceed the number of declared election expenses,
justified by the Court in exercising its oversight function.

Article 127 bis. Added by Act 1 / 2003 of March 10.

1. The State shall grant advances to the subsidies referred to the parties, federations and
coalitions that have been obtained in the last election to Parliament, the European Parliament or,
where appropriate, in the last municipal elections, and had not been deprived of after them in
accordance with the provisions of the preceding article. The amount advanced may not exceed
30% of the subsidy received by the same party, federation, association or coalition in the last


election equivalent, and the same percentage of the grant that result from the application of the
provisions contained in Articles 175.3, 193.3 and 227.3 of the Act, according to the electoral
process in question.

2. Advances can be obtained between days twenty-first and twenty-third after the call.

3. For parties, federations or coalitions who attend more than one province, the application must
be submitted by their respective general managers at the Central Electoral Board. In the
remaining cases, requests are submitted by administrators of the applications to the Provincial
Boards. They will attend to the Central Board.

The Central Electoral Board forwarded to the competent organ of the General State
Administration requests for advancement of electoral subsidies made by the managers of
political parties, federations and coalitions, and reject those filed by political not entitled to the
same, as as provided in Article 127 of this Act

4. From the twenty-ninth day after the announcement, the State Administration available to
election administrators for advances.

5. Advances will be returned after the election, the amount in excess of the amount of the subsidy
has finally matched to each party, federation or coalition.

6. Notwithstanding the previous paragraph, there shall be granted full refund of the advance
should not be credited, pursuant to Article 133.4 of this Law, the acquisition by the elected
members of political groups such the full status of Deputy , Senator, MEP or member of the local
corporation for the effective exercise of the office to which he had been elected and whose
election has been earned or accrued subsidies contained in this Act

Article 128.
1. Is prohibited contributions to election funds accounts from any administration or public
corporation or parastatal autonomous body of public sector enterprises whose ownership belongs
to the State, autonomous communities, provinces or municipalities and mixed-economy
companies, as well as companies that, through existing contract, provide services or supplies or
works made for any of the government.

2. As shall the contribution to these accounts of funds from foreign entities or persons, except
those granted in the budget of the bodies of the European Communities for funding the European
Parliament elections, and in the case of municipal elections, only relative to those for whom it is
applicable to Article 13.2 of the Constitution.

Article 129. Contribution limit. Editorial by Law 2 / 2011 of 28 January.

No person or entity may contribute more than $ 10,000 to accounts opened by the same party,
federation, coalition or group to raise funds for the elections called.


SECTION IV. ELECTORAL CONTROL OF ACCOUNTING AND AWARD OF GRANTS.

Article 132.

1. From the date of the call until the hundredth day after the elections, the Central Electoral
Board and the Provincial ensure compliance with the standards set out in previous articles of this
chapter. For this purpose, the Central Electoral Board may seek the cooperation of the Court of
Auditors.

2. The Central Electoral Board and the Provincial may, at any time of banking and savings banks
accounts state electoral numbers and identities of the depositors and the matters deem necessary
to carry out its oversight function.

Article 133.

4. Editorial by Law 2 / 2011 of 28 January. Editorial by Law 1 / 2003 of March 10. The state,
within 30 days after filing with the Court of Auditors of accounts and as an advance pending
completion of the proceedings of the Court of Auditors, election administrators to deliver 90% of
the amount of subsidies that according to the criteria established in this Law, they are entitled in
accordance with the overall results published in the Official Gazette, discounted, if applicable,
the payment referred to in paragraph 1 of Article 127 bis of this Act .

Electoral Fairness Audit Results for Spanish Election Finance:

Score:

The FDA electoral fairness audit team could not reach consensus on the score of 11 percent.


1/10
1/10
1/10
2/10
1/10
1/10
1/10
Total: 11 percent

Rational for Score:

Spending by candidates on banners and posters in public places specifically designated for
electoral campaigns cannot exceed 20% of the spending limit in the election process.

Candidates are entitled to campaign in the press and radio stations in private ownership, the
limit not exceeding 20% of the electoral spending. Rates for this election advertising shall not


exceed those agreed for commercial advertising. There may not be any discrimination between
candidates in terms of inclusion, rates and location of such advertising space.

All candidates must have an electoral administrator that will be responsible for the candidate's
income, expenses and accounting. They must also have a General Manager who will be
responsible for all revenue and expenditure made by the party during the election period. The
General Managers must report all the expenses and accounts to the Central Electoral Board.

The accounts will be adjusted to the general principles contained in the General Accounting Plan.

All funds that cover election expenses must be reported and the origin of where that money came
from must be specified.

Anyone wishing to donate to a political party/candidate must provide their name, address, and
National Identity Card (presumably only Spanish citizens can make donations).

The government subsidizes the costs to the parties, federations, coalitions, candidates for their
attendance at elections. However, the grant given to each political group can exceed the number
declared election expenses as long as it's justified by the Court which oversees the election
process.

Advanced grants are given to parties/candidates that had run in the previous election. The
amount of the advanced grant may not exceed 30% of the subsidy received by the same
party/candidate in the previous election. Advances can be obtained between 21-23 day after the
call for an election.

Foreigners cannot donate funds to parties/candidates in the election. Outside of the election
period, foreigners can donate to parties/candidates.

Publicly owned corporations, parastatal autonomous bodies, public sector enterprises,
autonomous communities, provinces, municipalities, mixed-economy companies, or companies
that provide services or works to the government through contracts are forbidden from making
contributions to the election funds.

No person or entity may contribute more than 10,000 euros to accounts opened by the same
party, federation, coalition or group to raise funds for the elections (for one year).

The Central Electoral Board ensures compliance with the financial standards for elections from
the date of the call until the 100th day after the elections. They may request at any time all the
banking information and proof of origin of expenses, which they may then choose to publish in
the Official Gazette.

Private donations must not exceed by more than 5 percent of the sum allocated from the national
budget for subsidizing political parties. Budget for the first year of law was 7.5 billion ESP, and
therefore 375 million ESP is allowed from private sources.


Citizen donations tax deductible up to 600 EUR annually.
Party donations received are not taxable.

Party associations or foundations are entitled to receive donations up to 150,000 EUR per
individual per year. 120,000 EUR or more in donation by individual must be certified by
notarized accountant.

The state allows anonymous contributions to parties/candidates from individuals and not
firms/corporations.

The state advances parties 30 percent of state funds based on the last election results, and then
this 30 percent is deducted from the amount of funds allocated based on current election results.

The state disallows parties from spending more than 25 percent of state funding received each
year to pay off their debts with banks.

A threshold of 3 percent of national votes is required in order to receive state funding.

Private donations cannot exceed 5 percent of state funding.

Any contribution from a firm/corporation/interest group limited to 60,000 Euros a year.

Campaign state subsidies based on:

1. 2,564 ESP per seat
2. 38 ESP per vote (parliament)
3. 96 ESP per vote (senate)

The state disallows electoral donations from government, public enterprises and foreign
institutions. Foreigners can donate outside of the election period.

Campaign donations are capped at 1 million ESP (6000 EUR) per any donor. (The maximum on
individual donations does not apply to donations in the form of real estate.)

Total amount of anonymous donations must not exceed 5 percent of total party subsidies to all
parties.

Candidate and party spending limits based on 44 ESP (.24 EUR) per inhabitant of a constituency.
Annual accountant reports on party finances administered by the Tribunal de Cuentas. However,
Spanish Parliament has authority over sanctions on parties. Also, parties determine what
information goes into annual reports.

When two or more elections coincide, parties cannot exceed 25 percent of the maximum
expenses allowed.

Political party finances are not accessible by the public.


The Court of Audit is not formally required to make its reports available to the public.

The score of 11 percent means that Spain's electoral finance laws are almost completely unfair.
There is no public transparency of parties' finances, and the state does not require the Court of
Audit to make its electoral reports available to the public. Public party subsidies favor large,
established parties, and the caps on electoral spending and donations are nullified by the lack of
financial transparency. Also, there is minimal regulation of party finances outside of the two
week election period. Foreigners are permitted to donate to political parties outside of the
election period. There are no restriction of corporations from donating to political parties with
the exception of the cap on donations.


Chapter Four: Voter Say
Chapter four will focus on the research and audit results of Spanish laws and regulations with
respect to the fairness of voter say laws and regulations before, during and after an election.

Main Research Findings: Spain received a score of 64.3 percent for the fairness of voter say.
The score means that the legislative basis for voter say is more fair than unfair. Spain has a
number of areas of fairness such as freedom of speech and assembly, parliamentary seats for self-
governing/autonomous regions, assistance allowed for voters with disabilities, and mail and
diaspora voting. However, these elements of fairness are partly offset by the lack of transparency
of candidate and party finances, voter complaints restricted to place of residence, destruction of
ballots immediately after counting them, media access favoring parties successful in previous
election, and a closed list proportional system which limits voter choice in who the political
representatives are.

Document Excerpts:


Chapter 1. Section 13:2. Only Spaniards shall have the rights recognised in section 23, except
in cases which may be established by treaty or by law concerning the right to vote and the right
to be elected in municipal elections, and subject to the principle of reciprocity. (This text
includes the first constitutional reform adopted on 27/08/1992; which added the words «and the
right to be elected» to the paragraph).

Chapter 1. Section 20:1. 1. The following rights are recognised and protected:
a) the right to freely express and spread thoughts, ideas and opinions through words, in writing
or by any other means of reproduction.
b) the right to literary, artistic, scientific and technical production and creation.
c) the right to academic freedom.
d) the right to freely communicate or receive truthful information by any means of dissemination
whatsoever. The law shall regulate the right to the clause of conscience and professional secrecy
in the exercise of these freedoms.

Section 20:3 The law shall regulate the organization and parliamentary control of the mass
communication media under the control of the State or any public agency and shall guarantee
access to such media by the significant social and political groups, respecting the pluralism of
society and of the various languages of Spain.

Section 23:1 Citizens have the right to participate in public affairs, directly or through
representatives freely elected in periodic elections by universal suffrage.

Chapter 3. Section 48 The public authorities shall promote conditions for the free and effective
participation of young people in political, social, economic and cultural development.


Houses of Parliament. Chapter 1.

5. All Spaniards entitled to the full exercise of their political rights shall be electors and may be
elected.

The law shall recognise and the State shall facilitate the exercise of the right of vote by Spaniards
who are outside Spanish territory.


TITLE.
COMMON PROVISIONS FOR ELECTIONS BY DIRECT UNIVERSAL SUFFRAGE.

CHAPTER ONE.
RIGHT TO VOTE.
Article 2.
1. The right to vote is for the Spanish adults who are not covered by any of the cases provided in
the following article .
2. Exercise is essential for its entry in the electoral roll in force.
3. In the case of municipal elections, including elections to Councils, to Island Councils, the
General Council of Val d'Aran and General Meetings is essential for its exercise is registered in
the Spanish census of residents in Spain.
Article 3.
1. No right to vote:
a. Those convicted by final judicial decision on the main or penalty of deprivation of the
right to vote during the time of its fulfillment.
b. The declared incapable by virtue of a final judicial decision, if it expressly states that
failure to exercise the right to vote.
c. The hospitalized psychiatric warrant, during the period of their detention in the
authorization if the judge expressly stated inability to exercise the right to vote.

Chapter III. Election Administration. Section I. Board of Elections.

Article 20.
Voters should formulate queries to the Electoral Area that corresponds to their place of residence.

Political parties, associations, coalitions and federations and groups of voters, could consult the
Central Electoral Board in the case of general issues that may affect more than one Provincial
Electoral Board. In other cases, raise queries to the Provincial Board of Elections or the Electoral
Area for as long as their respective jurisdiction applicable within the competence of the


consultant.

The authorities and public corporations may go directly to the Board having jurisdiction over the
competence of the consultant.
The consultations shall be in writing and shall be resolved by the Board to that address, unless
this, the importance of them, in their opinion, or estimate should be resolved with a general
discretion, decide to submit it to a Board Superior.
When the urgency of the query is not allowed to proceed to the call of the Board and in all cases
where there are previous resolutions and others of the Board or the Board itself superior, the
President may, under its responsibility, to give an interim response, without Subject to
ratification or modification at the first meeting held by the Board.

3. The update for the first month of the year will be accompanied also high, with the lowest score
of the residents who will turn eighteen years between January 1 and December 31 the following
year.

Complaints about the census data will be directed to the Provincial Electoral Census Bureau,
which resolved within five days from receipt of these.

SECTION X. VOTE BY MAIL.

Article 72.

Voters who expect at the time of the vote will not be found in the locality where they should
exercise their right to vote, or who can not make themselves known, can cast their vote by mail,
upon request to the Provincial Delegation of the Census Bureau elections, with the following
requirements:

A voter asked the relevant delegation, from the date of the call and until the tenth day before the
vote, a certificate of registration in the census. This request must be made to any of the Post
Office.

The request must be made personally. The postal official in charge of receiving interest require
the display of their national identity and verify the signature match. In no case shall this purpose
photocopy of identity card.

In case of illness or disability that prevents the application development staff, whose existence
must be accredited by an official medical certificate and free, it can be made on behalf of the
voter by a person authorized by a notary or consular document that will run individually in For
each vote and without the same can be included several voters, or one person to represent more
than one elector. The Electoral Board shall establish, in each case, the concurrence of the
circumstances referred to in this section.

Send postal services within three days all the documents submitted to the same to the


Spain--2011 FDA Global Electoral Fairness Audit Report

Spain--2011 FDA Global Electoral Fairness Audit Report

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