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Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
Spain--2011 FDA Global Electoral Fairness Audit Report
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Spain--2011 FDA Global Electoral Fairness Audit Report

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2011 FDA Global Electoral Fairness Audit of Spain's federal electoral system …

2011 FDA Global Electoral Fairness Audit of Spain's federal electoral system

FDA auditors gave Spain an overall electoral fairness score of 42.25%. (50% is the minimum passing grade; 100% is the maximum grade.)

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  • 1. 2011 FDA Global Electoral Fairness Audit of Spains Monarchical Electoral SystemExecutive SummarySpain received an overall electoral fairness score of 42.25 percent. The score means that theconstitutional and legislative basis of Spains electoral system within its monarchy isunacceptable 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 publicairtime for registered parties, parliamentary seats for self-governing, autonomous regions,and disability assisted votes, mail and diaspora votes. However, these fairness elements aremore than offset by a consistent legislative bias to political parties successful in the previouselection, lack of transparency of electoral finances, and partisan private media outside of theelection period. The election period is only two weeks in duration. So there are potentially1447 days in which the Spanish voting public can be influenced and/or manipulated by themajor media (which has no ownership concentration regulations). The bias to partiessuccessful in the previous election applies to media access, public electoral subsidies, and theproportional determination with the 3 percent of national votes as the barrier of entry. Justbecause a party was successful in the previous election, it does not follow that it should havean 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 significantlythe status quo and a two party system, at the expense of electoral discourse and ultimatelyelectoral choice. It is unclear why the Spanish large, established parties cannot compete onequal playing field with other Spanish parties, rather than relying on a significant unfairlegislative advantage. Similar to Canada, the problem with the Spanish system is that themajority of the Spanish parliamentarians creates and amends the election and media laws totheir advantage. This conflict of interest results in a democratic dictatorship of two partieswith the monarchy, as suggested by the fact that in the eight elections since the fall ofFranco, only the same two parties have attained elected political power in Spain. Electoral Fairness Audit Completed September 26, 2011. Updated October 3, 2011
  • 2. About the Foundation for Democratic Advancement:The Foundation for Democratic Advancement (FDA) is an international independent, non-partisan democracy organization. The FDA’s mission isto measure, study, and communicate the impact of government processes on a free anddemocratic 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)To ensure its objectivity and independence, the FDA does not conduct privately paid research.However, if you or your organization has an important research idea or are aware of an importantissue on government processes, the FDA is available to listen to your idea or issue and possiblyhelp raise public awareness by initiating and leading change through report research andanalysis. Please contact the FDA at (403) 669-8132 or email us at info@democracychange.orgfor more information.An online version of this report can be found at: www.democracychange.orgPurpose of Electoral Fairness Audit:The purpose of the FDA’s electoral fairness audit (the ―Audit‖) is to determine a grade andranking for electoral fairness in Spain at the parliamentary level of government. This Audit ispart of the FDA’s global audit of electoral fairness involving all countries which hold politicalelections. The FDAs goal is to give the citizens of Spain an informed, objective perspective ofthe 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 andvolunteers are in no way affiliated with the Spanish Central Electoral Board or any of theSpanish registered/non-registered political parties. The Audit is an independent assessment basedon objectivity, transparency and non-partisanship. The FDA assumes no responsibility or liabilityfor any errors in the calculation of its audit results or inaccuracies in its research of relevantSpanish legislation.Methodology of the Electoral Fairness Audit:The FDA uses the methodology of more reasonableness which was created by FDA founder andexecutive director, Stephen Garvey. The methodology focuses on facts themselves for fairnessand unfairness, and their comparative numerical value. To determine the correct numerical valuefor facts, FDA auditors are guided by matrices which show the numerical value of establishedfacts, and FDA scoring scales for fairness and unfairness. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain
  • 3. The FDA focuses on four key areas of electoral fairness:1) Laws and regulations on the political content of media including newspapers, broadcasters andonline media before, during, and after elections;2) Laws and regulations on the candidates’ and parties’ influence before, during and afterelections, such as national televised debates, restrictions on candidate nominations, partyregistration requirements, etc.;3) Laws and regulations on electoral finance, such as party and campaign donation limits, thirdparty spending limits etc.; and4) Laws and regulations on voter say before, during, and after an election. The FDA auditorsdetermine the fairness of Spanish laws and regulations for voter say in the media, at the pollingbooth, through electoral finance and constitutional laws etc.The FDA audits these four areas of electoral fairness because, in our opinion, they are oftenignored or overlooked by the international community in determining electoral fairness.Moreover, these four areas cover broad aspects of the electoral process in which fairness couldbe compromised significantly. The FDA acknowledges that electoral laws and regulations maynot necessarily correspond to the implementation of those laws and regulations or the public’sresponse to them. The implementation and response could be positive or negative, in terms ofelectoral fairness. Nevertheless, laws and regulations provide the foundation for democracy,framework for the electoral system, and an indication of electoral fairness. Also, a countrysconstitutional and electoral laws are part of the reality of its democracy. A further study whichtracks the actions of mainstream media and the enforcement or non-enforcement of electorallaws and regulation, for example, would provide a more reliable overall determination ofelectoral fairness.The FDA researched current Spanish legislation, in relation to the four areas of electoral fairnessbeing audited. Following which, the FDA audited the research results via the FDA electoral auditteam and established FDA matrices and scoring scales. The scores and the reasons for them arerecorded.Weighting and Scoring:Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness andrelevancy. Each area of electoral fairness has a score range between 0 and 10, and each area iscounted equally. The FDA auditors allow for overlap of electoral fairness areas, due to theinterconnectedness of the areas. For example, electoral finance will be factored into the score forvoter say and candidate and party influence if it is relevant to these areas. The total averagedscore 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, andthen attempted to reach consensus on the scores. When no consensus could be reached, theindividual scores of the team were averaged. The final score for each area must be supported by Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain
  • 4. 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: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).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 inPsychology (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 SanFrancisco 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: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). Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain
  • 5. © 2011, Foundation for Democratic AdvancementAll rights reserved.Foundation for Democratic Advancement728 Northmount Drive NWPO Box 94Calgary, AlbertaCanada, T2K 1P0info@democracychange.com Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain
  • 6. Table of ContentsPolitical Background on Spain 8Chapter 1: Political Content of Media 9 Score and Rationale 16Chapter 2: Political Candidate and Party Influence 18 Score and Rationale 29Chapter 3: Electoral Finance 33 Score and Rationale 38Chapter 4: Voter Say 42 Score and Rational 46Chapter 5: Overall Audit Results 50Chapter 6: Analysis 51Chapter 7: Conclusion 53Chapter 8: Recommendations 53References 54
  • 7. Political Background on SpainSpain had had several democratic experiences throughout its history. Particularly in the 20thcentury, it experienced a Civil War between 1936-39, in which the Nationalists had foughtagainst the Republicans in a war of political ideologies. The Nationalists, under the generalFrancisco Franco had prevailed, and a long period of authoritative dictatorship governed thestate. Franco died in 1975. His death paved the way for the dismantling of his dictatorial politicalsystem and a new Constitution was written in 1978, which has effectively been in place sincethen.According to countrys Constitution, Spain is a parliamentary monarchy which means that thesovereignty 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 hasdefined the functions of the monarchy as the Commander-in-Chief of the Armed Forces (article62b), sanctioning and promulgation of laws (article 62a), issuing decrees approved by Council ofMinisters (article 62f). These functions are basically formalities. The king may play a role in theprocedures 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 theSenate.The Senate, as outlined in the constitution, should be a genuine chamber of territorialrepresentation of the autonomous regions within Spain, but the transformation of this process hasbeen slow.The Congress of Deputies elects the President of the Government (Presidente) by a vote ofinvestiture. (Essentially a prime minister). The candidate is nominated by the Crown.The parliament, since the fall of Francos regime (1978), has been overshadowed by single-partymajority governments.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 7
  • 8. Chapter One: Political Content of MediaChapter one will focus on the research and audit results of Spanish laws and regulations withrespect to the fairness of the political content of media, including newspapers, broadcasters andon-line media, before, during and after elections.Main Research Findings: Spain received a score of 53.75 percent for the political content ofmedia including broadcasters and the press. The score means that the legislative basis for thepolitical content of the media is in the passing zone, and there is slightly more fairness thanunfairness. FDA auditors could not reach consensus on the score. Two auditors gave Spain ascore of 30 percent for failing to ensure broad and balanced media political content outside of theelection period. Three other auditors gave two scores of 70 percent and one score of 60 percent.These scores reflect Spains attempt to create fair political content during the election period bygiving free public airtime to all registered parties, albeit based on the degree of success in theprevious 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 mediaownership concentration laws, which would help encourage plurality. And non-election period isabout 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 researchersmade some excerpts bold to emphasize high relevance:Spain is hereby established as a social and democratic State, subject to the rule of aw, whichadvocates 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 writingor 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 disseminationwhatsoever. The law shall regulate the right to the clause of conscience and professional secrecyin the exercise of these freedoms.Section 20:3 The law shall regulate the organization and parliamentary control of the masscommunication media under the control of the State or any public agency and shall guaranteeaccess to such media by the significant social and political groups, respecting the pluralism ofsociety and of the various languages of Spain.Section 20:5 The seizure of publications, recordings and other means of information may onlybe carried out by means of a court order.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 8
  • 9. 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 duringthe electoral campaign of institutional intended to inform citizens about the date of the vote, thevoting 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 ofthe media of public ownership of the territory for the electoral process in question, sufficient toachieve the objectives of this campaign.2. Added by Organic Law 2 / 2011 of 28 January. Since the announcement of elections andholding up the same prohibited any event organized or financed, directly or indirectly by thegovernment that contains references to the accomplishments or achievements, or use images ormatching or similar expressions those used in their own campaigns for some of the politicalentities competing in the elections.3. Added by Organic Law 2 / 2011 of 28 January. Also during the same period is prohibited fromperforming any act of inauguration of public works or services or projects of these, whatever thename 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 theAutonomous Police and Municipal Judges, magistrates and prosecutors and members of theElectoral, disseminate electioneering or perform other campaign activities.SECTION IV. GENERAL ELECTION CAMPAIGN.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 beenlegally terminated. Receiving free facilities provided by public administrations will be strictlylimited to the period of election campaign. The foregoing limitations are without prejudice to theactivities of parties, coalitions and federations in the exercise of its functions are constitutionallyrecognized and, in particular, Article 20 of the Constitution.Nevertheless, since the announcement of elections to the legal start of the campaign, isprohibited from conducting election advertising or publicity through posters, commercial carriersor inserts in newspapers, radio or other digital media, unable to justify such actions by theexercise of the ordinary activities of parties, coalitions or federations recognized in the previoussection.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 9
  • 10. Article 54.1. Editorial by Law 2 / 2011 of 28 January. The holding of public campaign events is governedby the provisions of the laws regulating the right of assembly. The powers conferred on thismatter to the government authority means assumed by the Provincial Election, without prejudiceto 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 tothis end, the Boards should inform the authority given notice of the meetings which they havebeen informed.3. The local councils must reserve officers and public places free for the holding of electioncampaign activities.Article 55.1. The councils have the obligation to reserve special places free for the placement of postersand, 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 themunicipalities.2. Apart from special places set free in the previous section, parties, coalitions, federations andthe candidates can only put up posters and other forms of electioneering in the approvedcommercial spaces.3. Editorial by Law 2 / 2011 of 28 January. Spending by candidates in this type of advertisingmay 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 thecall, notify the sites available for free placement of posters and, where appropriate, banners andplacards 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 attributedaccording to the preferences of the parties, federations or coalitions with the most votes in recentelections equivalent in the same district.Article 57.1. For the purposes of Article 55 Municipalities, within ten days following the call, reported tothe Electoral Area for which, in turn, draws the attention of the provincial board, the localofficers 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 andFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 10
  • 11. should be published in the Official Gazette of the Province, within fifteen days following thecall. Thereafter, representatives of the candidates can apply to the Area Boards use of thepremises and places mentioned.3. The fourth day after the proclamation of candidates, Area Boards and local attribute placesavailable, depending on applications, and when several are coincident, considering the criterionof equal opportunities and, secondarily, to the party preferences , federations or coalitions withthe most votes in recent elections equivalent in the same district. Electoral Area Meetings notifythe representative of each candidates premises and places allocated.Article 58.1. Nominations shall be entitled to make publicity in the press and radio stations in privateownership without the costs incurred in this advertisement may exceed 20% of planned spendinglimit for parties, groups, coalitions and federations and nominations Articles 175.2, 193.2 and227.2, according to the electoral process in question.2. Rates for this election advertising shall not exceed those agreed for commercial advertisingand may not take any discrimination between candidates in terms of inclusion, rates and locationof such advertising space, which shall expressly condition.SECTION VI. USING MEDIA TO THE CAMPAIGN. New section according to OrganicLaw 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 privatetelevision stations.2. During the campaign the parties, federations, coalitions and groups that attend the election areentitled to free advertising space on the airwaves of television and radio in public ownership asprovided in the following articles.Article 61.The distribution of free airtime for election is made according to the total number of votesobtained 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 electioncalled, space allocation is made according to the total number of votes obtained by each party,Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 11
  • 12. federation or coalition in the districts included in the corresponding field distribution or, whereappropriate, programming.In the case of the European Parliament elections, space allocation is made based on the totalnumber of votes obtained by each party, federation or coalition in the territory of thecorresponding 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 ofParliament are taken into account only the results of previous elections to the Congress ofDeputies.2. If simultaneous elections to the House of Representatives elections are held to a LegislativeAssembly of the Autonomous Community or municipal elections, only takes into account theresults 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 simultaneouslywith municipal elections, only takes into account the results of previous elections to theAssembly for the distribution of spaces in the media in that region or in the correspondingregional programs of the national media.4. In the case referred to in the preceding paragraph, provided that the rule does not apply to thesecond paragraph of this article, the distribution of spaces in the general planning of the nationalmedia is made according to the results of previous elections.5. If simultaneous elections to the European Parliament elections are held to any of the twoHouses of Parliament and municipal elections, only takes into account the results of previouselections to Congress or, where appropriate, the municipal elections to space allocation in thegeneral programming of the national media.6. If simultaneous elections to the European Parliament elections are held to a LegislativeAssembly of the Autonomous Community, taking into account only the results of previouselections to the Assembly for the distribution of spaces in the media of the region or in regionalprograms for the national media.Article 64.1. Free Time distribution of electoral propaganda in every media outlet in public ownership andthe 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 inthe previous elections equivalent.- Fifteen minutes to parties, federations and coalitions that have obtained representationequivalent in the previous elections, had not reached 5% of the total valid votes cast in thecountry or, where appropriate, in the districts referred to in Article 62.- Thirty minutes to parties, federations and coalitions that have obtained representationFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 12
  • 13. equivalent in the previous elections, have reached between 5 and 20% of the votes referred to inparagraph b).- Forty-five minutes to parties, federations and coalitions that have obtained representationequivalent in the previous elections, had reached at least 20% of the total votes referred to inparagraph b.2. The right to free broadcasting time listed in the preceding paragraph applies only to thoseparties, federations or coalitions nominations in more than 75% of the constituencies within thescope of dissemination or, if necessary, appropriate programming environment . For municipalelections will be set out in the special provisions of this Act3. Parties, associations, federations or coalitions that do not meet the requirement for nominationset out in the preceding paragraph, however, entitled to fifteen minutes in the general issue of thenational media if they had won the previous elections in equating 20% of the votes cast in thecontext of an autonomous community under conditions similar to time be agreed to emissionsparties, 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 notcumulative to that provided above.4. The groupings of voters to federate for propaganda in the publicly owned media are entitled toten minutes of broadcast, if they meet the nomination requirement prescribed in paragraph 2 ofthis 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 ofinformation in the programming of the media in public ownership at election time, will beguaranteed by the organization of the media and its control under the law. The decisions of thegoverning bodies of those media in the specified election period may be appealed to the Board ofElections authority in accordance with the provisions of the preceding article and the procedurethat the Central Electoral Board available.2. During the election period of privately owned broadcasters must follow the principles ofpluralism and equality. Also in this period, private TV must respect the principles ofproportionality and neutrality of information in the electoral debates and interviews as well asinformation on the campaign according to the Instructions to this effect, draw the Board ofElections competent.Article 67.To determine the timing and order of issuance of election advertising space they are entitled toall parties, federations or coalitions that stand for election in accordance with the provisions ofthis Act, the Electoral Board shall take into account the preferences of the parties, federations orcoalitions based on the number of votes obtained in the previous elections equivalent.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 13
  • 14. 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 disclosurewould 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 notallow to disclose the alteration, in the three days of receipt, the director of the media mustpublish at their expense to make the deadline stated in another medium the same area and similarmedia.The oral proceedings governed by paragraph 2 of Article 5 of that Law will be held within fourdays 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 prohibitedthe publication and dissemination or reproduction of election polls by any means ofcommunication.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 periodsby private television stations will be guaranteed under concession by the local election boards inthe same terms under electoral law to the media in public ownership.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 14
  • 15. Electoral Fairness Audit Results for Media and Broadcasters:Score:After about one hour of discussion, the FDA electoral fairness audit team could not reachconsensus on the score of 53.75 percent.The scores are averaged, with each score having equal weight.7/107/105/103/103/105/107/10Total: 53.75 percentRational for Score:During elections, the political content of public and private media themselves must beproportional (to current level of power of parties) and neutral. Outside of elections, the politicalcontent of public and private media including broadcasters and press can be partisan. Theelection 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, andguarantees access to social and political groups in state media for the purpose of preserving andpromoting a pluralist society within Spain. The FDA auditors could find no information on thespecifics of the guaranteed access.Seizure or prohibition of publications, recordings and information can only be ordered by thecourt.If a litigation arises, the electoral board publishes their decisions on the content of the problem inthe national newspaper called Gazette.The public authorities are obligated to notify citizens of an election call and give out all theproper 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 anyevents which would contain references to its achievements or from using images matchingFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 15
  • 16. similar goals.The government is also prohibited from inaugurating any public works or services during thisperiod 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 disseminatingelection information.Respect for the political and social pluralism and equality, proportionality and neutrality ofinformation in the programming of the media in public ownership at election time, will beguaranteed by the organization of the media and its control under the law. The decisions of thegoverning bodies of those media in the specified election period may be appealed to the Board ofElections.Electoral advertising space cannot be contracted in public media or private televisionstations. But under certain concessions, private TV stations can engage in advertising airspacefor elections. However during the election period, privately owned broadcasters must follow theprinciples of pluralism and equality. Also in this period, private TV must respect the principles ofproportionality and neutrality of information in the electoral debates and interviews as well asinformation on the campaign according to the Instructions to this effect. Respect for pluralismand values of equality in broadcasting by private TV stations will be guaranteed by local electionboards. The terms for distribution of private TV airspace are the same as those for publicTV airspace.[Proportionality reinforces status quo.]Any errors made towards a candidates 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 electionday.The score of 53.75 percent for the political content of the media means that Spains media lawsare mediocre, and they are slightly more fair than unfair. During the election period, Spainattempts to create fairness by giving different amounts of free public airtime to all registeredparties and requiring public and private media to be guided by neutrality and proportionalitybased on the results of the previous election. However, there are no media ownershipconcentration laws, and there is no regulation of the public and private medias political contentoutside of the two week election period. Consequently, Spain is highly susceptible to a partisanmajor media significantly shaping electoral discourse at the expense an informed electorate.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 16
  • 17. Chapter Two: Candidates’ and Parties’ InfluenceChapter two will focus on the research and audit results of Spanish laws and regulations withrespect 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 candidateand party influence. Similar to Canadas federal electoral system, Spain has a minimal barrier toentry for candidates and parties, but significant barriers within the electoral system. The barriersfavor significantly parties successful in the previous election, and thereby create an unfairadvantage. Public and private media exposure and public electoral subsidies are based on aparties 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 inorder to have a chance at receiving proportional seats. This barrier favors large and establishedparties.Document Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Houses of Parliament. Chapter 1. Section 66.1. The Cortes Generales represent the Spanish people and shall consist of the Congress and theSenate.2. The Cortes Generales exercise the legislative power of the State and adopt its Budget, controlthe action of the Government and have the other competences assigned by the Constitution.3. The Cortes Generales are inviolable.Section 671. No one may be a member of both Houses simultaneously, or be a representative in theAssembly of a Self-governing Community and a Member of Congress at the same time.Section 681.The Congress shall consist of a minimum of three hundred and a maximum of four hundredMembers, elected by universal, free, equal, direct and secret suffrage, under the terms to be laiddown by the law.2. The electoral constituency is the province. The cities of Ceuta and Melilla shall be representedby one Member each. The total number of Members shall be distributed in accordance with thelaw, each constituency being allotted a minimum initial representation and the remainder beingdistributed in proportion to the population.3. The election in each constituency shall be conducted on the basis of proportionalrepresentation.4. The Congress is elected for four years. The term of office of Members thereof ends four yearsafter 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 beelected.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 17
  • 18. 6. Elections shall take place between thirty and sixty days after the end of the previous term ofoffice. The Congress so elected must be convened within twenty-five days following the holdingof elections.Section 691. 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 shallbe a constituency for the purpose of electing Senators; there shall be three Senators for each ofthe major islands —Gran Canaria, Mallorca and Tenerife— and one for each of the followingislands 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 Senatorfor every million inhabitants in their respective territories. The appointment shall be incumbentupon the Legislative Assembly or, in default thereof, upon the Self-governing Community’shighest corporate body as provided for by its Statute which shall, in any case, guarantee adequateproportional representation.6. The Senate is elected for four years. The Senators’ term of office shall end four years aftertheir election or on the day on which the House is dissolved.Section 701. The Electoral Act shall establish grounds for ineligibility and incompatibility for Members ofCongress 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 themembers 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 activeservice.f) Members of the Electoral Commissions.2. The validity of the certificates of election and credentials of members of each Houseshall be subject to judicial control, under the terms to be laid down in the Electoral Act.Part IV. Government and Administration. Section 991. 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 withparliamentary representation, and through the Speaker of the Congress, nominate a candidate forthe Presidency of the Government.2. The candidate nominated in accordance with the provisions of the foregoing subsection shallsubmit to the Congress the political programme of the Government he or she intends to form andshall seek the confidence of the House.3. If the Congress, by vote of the overall majority of its members, grants to said candidate itsconfidence, the King shall appoint him or her President. If overall majority is not obtained, theFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 18
  • 19. same proposal shall be submitted for a fresh vote forty-eight hours after the previous vote, andconfidence shall be deemed to have been secured if granted by single majority.CHAPTER IThe creation of political partiesArticle 1.Libertad creation and membership.1. The Spanish political parties can freely create in accordance with the Constitution andin this Act.2. Joining a political party is free and voluntary. Nobody can be forced to form a partyor to assimilate or to remain the same.3. Political parties may form and register federations, confederations and unions of partiesthrough compliance with the provisions of this chapter and the specific agreement of its organscompetent.Article 2.Capacidad to form.1. The promoters of a political party must be individuals, seniors, who arein the full exercise of their rights, not subject to any legal condition for the exercise ofthemselves and have not been criminally convicted of conspiracy, or any of the felonies2. Constituted political parties may provide in their statutes the creation and recognition of youthorganizationsArticle 3.Constitución and legal.1. The agreement of association shall be by the foundation charter, to be entered intopublic document and contain, if anything, the personal identification of promoters,name of the party that intends to be, members of governing bodiesinterim home and the charters that will govern the party is formed.2. Political parties acquire legal personality by entry in the Register of Political Parties2. Within twenty days after the submission of complete documentation in the Register ofPolitical Parties, the Interior Ministry will proceed with its registration of the party.Organic Law 5 / 1985 of 19 June on the General Electoral System.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 thefollowing 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 .Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 19
  • 20. 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 Generals 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.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 20
  • 21. 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 untilthe 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 ofthe Electoral Board from the calling of an election until the proclamation of elected and, whereappropriate, to the execution of sentences of the litigation, including the use for protectionprovided for in Article 114.2 of this Law , who has led the electoral process. For this purpose, theGeneral 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 consultationsevacuated 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 theProvincial Gazette, in the other.Article 19.1. In addition to the powers expressly mentioned in this Act, corresponds to the Central ElectoralBoard: 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.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 21
  • 22. 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, theagreements of the Provincial Boards Zone and, where appropriate, Autonomous Community, theBoard may be appealed to a higher category, which must be resolved during election periodswithin 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 AutonomousCommunities in which the Prime Minister or the respective presidents of the regionalgovernment to use their right of early dissolution expressly provided for in law, the decree ofconvocation 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 ofpublication. The decree of convocation marking the date of the elections to be held fifty-fourthday after the announcement.Enter into force on the day of publication. Elections are held the fourth Sunday of May in theyear concerned and the mandates of four years ending in any case the day before the conveningof the next election.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 22
  • 23. SECTION II. PRESENTATION AND PROCLAMATION OF CANDIDATES.Article 44.2. Political parties and associations to establish a coalition pact to jointly attend to an electionmust notify the competent Board within ten days following the call. In this letter, you must statethe name of the coalition, the rules governing and holders of its management bodies orcoordination.Article 44 bis. Added by Act 3 / 2007 of March 22.1. Applications submitted for the election of Members of Congress, and municipal councilmembers and the island canary island councils under the terms of this Act, MEPs and membersof the Legislative Assemblies of the Autonomous Communities should have a balancedcomposition of men and women, so that the entire list of candidates for each of the sexesinvolving at least forty percent. When the number of positions to be filled is less than five, theproportion 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 themanner prescribed by the special provisions of this ActSECTION III. APPEAL AGAINST THE PROCLAMATION OF CANDIDATES ANDCANDIDATES.Article 49.1. Since the proclamation, any candidate excluded and the representatives of candidates or whoseproclaimed proclamation would have been denied, have a period of two days to appeal againstdecisions of the proclamation of the Electoral before the Court of contentious administration. Inthe very act of filing must have the arguments he deems appropriate accompanied by appropriateevidence.3. 3. The court decision, to be issued within two days of proceedings, is final and conclusivecharacter, without prejudice to the procedure of amparo before the Constitutional Court, to whichend with the appeal regulated in this article, understand the requirement established in ArticleSECTION IV. GENERAL ELECTION CAMPAIGN.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.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 23
  • 24. 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 variouselections. The President shall order the immediate expulsion of persons who in any way hinderor interfere with its development.3. In the case of coincidence of several elections proceed according to the following order, toscrutinize the ballots in each case applicable:First, the European Parliament, then the Congress of Deputies, then the Senate, then the localentities, then the Legislative Assembly of the Autonomous Community, then the Councils andIsland Councils .4. The counting is done by removing the President, one by one, the ballot box envelopes andreading aloud the name of the application or, where applicable, the names of the candidateselected. The President will highlight each ballot, once read, to the members, auditors andattorneys.5. If a notary in the exercise of their functions, representing the member list or a candidate haddoubts about the contents of a ballot read by the Chairman, may ask immediately forconsideration 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 anenvelope or envelope containing more than one ballot of a different candidate. In the case ofcontaining 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 onpaper ballots that would have been in the modified, added or crossed out the names of candidatesincluded in them or changed their order of placement as well as those in which any legend hadbeen 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 hadidentified more than three names on the provincial boundaries of two districts in the island ofGran Canaria, Mallorca and Tenerife and in the cities of Ceuta and Melilla , and one in the rest ofthe island constituencies.4. Also the votes are void of content in which there had been any alteration of those mentioned inthe preceding paragraphs.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 24
  • 25. 5. Blank vote is considered, but valid, the envelope contains no ballot paper and also in theSenate 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 ofArticle 86.4 of this Law.2. Then the President asked if any protest to the scrutiny and, there being no or afterofficers 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 ofvoters, 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 theexception of those to which he had denied validity or had been subject to any claim, whichwill 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 inArticle 97.2, and shall without delay on the outside or at the entrance of the premises. A copythereof 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 onecopy 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 beprovided by the Government.Artículo 107.1. El acto del escrutinio general no puede interrumpirse. No obstante, transcurridas doce horas desesión, las Juntas podrán suspender el escrutinio hasta el día siguiente, no dejando sin concluir elcómputo 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 laselecciones.Article 107.1. The act of the general election can not be interrupted. However, after twelve hours of thesession, the Board may suspend the count until the next day, leaving without completing thecomputation of the votes of a section.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 25
  • 26. 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 choosethe number of councilors that resulting from applying the following scale:CouncillorsUp to 100 residents - 3From 101 to 250 residents - 5From 251 to 1000 - 7From 1,001 to 2,000 - 9From 2001-5000 - 11From 5001 to 10,000 - 13From 10,001 to 20,000 - 17From 20,001 to 50,000 - 21From 50,001 to 100,000 - 25Article 184.Councillors of Municipalities with populations of less than 250 inhabitants and not subject toopen 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 themunicipality 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 thedistrict municipalities where up to 100 residents or a maximum of four municipalities from 101to 250 residents. He made the counting of votes obtained by each candidate in the district, arranged in a columnrepresent amounts from highest to lowest.Shall be declared elected candidates who obtain the largest number of votes to complete the totalnumber 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 nextcandidate has obtained the most votes.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 26
  • 27. 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 candidatesis 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 inmunicipalities 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 onthe electoral roll of the municipality, which must be authenticated by a notary or secretary of themunicipal 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 thenumber 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 10,001 and 50,000 inhabitants at least 500 signatures.In those between 50,001 and 150,000 inhabitants at least 1,500 signatures.In those between 150,001 and 300,000 inhabitants at least 3,000 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 relevantprovince.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 27
  • 28. 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 anobjective score. Another auditor had to leave to audit session for personal reasons.The scores are averaged, with each score having equal weight.5/104/103/104/105/103/10Total: 40 percentRational 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 3From 101 to 250 residents 5From 251 to 1000 7From 1,001 to 2,000 9From 2001-5000 11From 5001 to 10,000 13From 10,001 to 20,000 17From 20,001 to 50,000 21From 50,001 to 100,000 25To qualify for a nomination, a candidate must have a list of signatures supporting his nominationwhich follows the following scale:In municipalities with less than 5,000 inhabitants not less than 1% of registered voters providedthat the number of signatories more than double that of councilors to choose from.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 28
  • 29. In those between 5,001 and 10,000 inhabitants at least 100 signatures.In those between 10,001 and 50,000 inhabitants at least 500 signatures.In those between 50,001 and 150,000 inhabitants at least 1,500 signatures.In those between 150,001 and 300,000 inhabitants at least 3,000 signatures.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 arerepresented by one member each.Total number of members is distributed according to each constituency being allotted a minimuminitial representation and then the remainder being distributed in proportion to the population.Election in each constituency is conducted based on proportional representation. Parties need atleast 3 percent of national vote to eligible for seats in parliament via proportional. Proportionalsystem based on the dHondt 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 yearsafter 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. TheCongress 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 asfor the Congress. Members are elected for a period of 4 years through proportionalrepresentation. Major island groups have 3 representatives each, minor island groups have 1representative 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 millioninhabitants in the respective communities.(50 of Senate seats are appointed by the regional, self-governing legislatures. 208 seats are bymajority 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 publicprosecutor in office, a professional soldier, a member of security and police forces and corps inactive service, the president of the Spanish Radio and Television Corporation and the companiesthat comprise it, or is a member of the electoral commission is ineligible to run as member ofCongress of Senate on the grounds of incompatibility.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 29
  • 30. The King nominates a candidate for the President of the Government. The candidate thensubmits his program to the Congress and will be elected by the members of the Congress througha majority vote.Parties must be registered through the Registry of Political Parties. The process of registrationtakes 20 days.Limitations for party registration or party membership (in addition to those outlined in theconstitution) are those that promote crimes, specifically those tied to terrorist organizations suchas ETA.The election process is supervised by the Central Electoral Board which is a permanent body thatis reassembled every four years. It is comprised of 8 members of the Supreme Court justices, 5law 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 orconsultation in the national newspaper called Gazette.The Central Electoral Board, among other functions, is responsible for: the supervision of theelectoral registration office, resolving all grievances, complaints and appeals addressed to theBoard, and ensuring compliance with the rules on election expenditure accounts and candidatesbetween 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 theBoard may be appealed to a higher judicial body. During the election period the appeal must befiled 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 (OfficialBulletin) 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 ElectoralBoard 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 womenmust 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 fromthe 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.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 30
  • 31. Once the voting has ended, all the ballots are counted except those which have been left blank orhave been modified. As soon as the results are known at each polling station, all the ballots thathave been counted towards the elections (except those left blank, modified or altered) areIMMEDIATELY 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 electionby the Electoral Board. However, aside from tables and data, there is no way to recount all thevotes.Complaints are limited to transcription or arithmetic errors and will be fixed accordingly. Anappeal to the decision by the Electoral Board can be filed and the case will be reviewed againwith 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 advertisingcan be conducted through public posters, commercial carriers, inserts in newspapers, radioor other digital media until the 38th day after the election annoucement.Free facilities for the purpose of electoral advertising will be provided by public administrationbut they are strictly limited to the period of the election campaign. (Campaign billboards andpublic meeting rooms free of charge for candidates and parties and adminstered bymunicipalities. Parties are offered discount postal rates for campaign mailing programs.)Posters and other forms of electioneering can only be posted in specific public places andapproved commercial places. These places will be identified and published no later than 7 daysafter 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 specificresidential district. The party with the most votes in the last election will receive the most spacefor its posters, banners and placards in the current election.Spending on this type of avertising (posters, banners, etc.) by candidates may not exceed 20% ofthe spending limit defined by the electoral process.Within 10 days following the call, all reservations will be made by all candidates for the purposeof conducting election campaigns. Since this process is preferencial and based on previouselection results, if two candidates request the same time and place to campaign, the candidatewith the most votes from the last election will be given preference. The official results of thecampaigning schedule will be printed in the Official Gazette of the Province 15 days followingthe election call.Candidates are entitled to campaign in the press and radio stations in private ownership, thelimit not exceeding 20% of the electoral spending. Rates for this election advertising shall notexceed those agreed for commercial advertising. There may not be any discrimination betweenFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 31
  • 32. 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 votesobtained 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 notrepresented in the previous election- 15 minutes of airtime to parties that were represented in the previous election but did not reach5% of the total valid votes- 30 minutes of airtime to parties that had reached between 5% to 20% of the total valid votes inthe previous election- 45 minutes of airtime to parties that had reached at least 20% of the total valid votes in theprevious electionElectoral advertising space cannot be contracted in public media or private televisionstations.But – under certain concessions, private TV stations can engage in advertising airspace forelections. However during the election period, privately owned broadcasters must follow theprinciples of pluralism and equality. Also in this period, private TV must respect the principles ofproportionality and neutrality of information in the electoral debates and interviews as well asinformation on the campaign according to the Instructions to this effect. Respect for pluralismand values of equality in broadcasting by private TV stations will be guaranteed by local electionboards. The terms for distribution of private TV airspace are the same as those for publicTV 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 moreunfair than fair. Although there are elements of fairness such as free public air time to allregistered party and proportional representation, these areas are more than offset by inherent biasin media access and electoral finance to parties that were successful in the previous election. TheSpanish electoral system encourages a status quo result at the expense of a broad and balancedelectoral discourse and informed electorate. It is unfair to favor a party that was successful in aprevious competition, in a current competition. In the FDAs opinion, parties should compete inan equal and fair playing field, in which the people decide who their representatives are. TheSpanish system undermines this process by significantly influencing the people as to who theyshould vote for.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 32
  • 33. Chapter Three: Electoral FinanceChapter three will focus on the research and audit results of Spanish laws and regulations withrespect 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 scoremeans that Spains electoral finance laws are bordering on complete unfairness. The state doesnot require public disclosure of parties finances, and there is no state requirement that thefinding of the Court of Audit on electoral matters are made public. Also, public electoralsubsidies are based on a party attaining at least 3 percent of the national vote and its success inthe current election, which favors large and established parties. Foreign donations to politicalparties are permitted outside of the election period. Although there are caps on party spendingper constituency and caps of donations, these caps are canceled out by the lack of transparencyof electoral finances. Further, the majority of the Spanish parliamentarians determine theelectoral finance laws and the sanctions to parties which violate them.Document Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Organic Law 5 / 1985 of 19 June on the General Electoral System.SECTION IV. GENERAL ELECTION CAMPAIGN.Article 553. Editorial by Law 2 / 2011 of 28 January. Spending by candidates in this type of advertisingmay 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 privateownership without the costs incurred in this advertisement may exceed 20% of planned spendinglimit for parties, groups, coalitions and federations and nominations Articles 175.2, 193.2 and227.2, according to the electoral process in question.2. Rates for this election advertising shall not exceed those agreed for commercial advertisingand may not take any discrimination between candidates in terms of inclusion, rates and locationof such advertising space, which shall expressly condition.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 33
  • 34. 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 expensesand its accounting. Entries that any party or coalition federation present within the same provincehave a common administrator.2. The accounts will be adjusted in any case the general principles contained in the existingGeneral Accounting Plan.Article 122.1. The parties, federations or coalitions to submit nominations in more than one province mustalso have a general manager.2. The General Manager be responsible for all revenue and expenditure made by the partyelection, federation or coalition and its candidates, as well as corresponding accounting, whichmust 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 electionadministrators who attend people in the circumstance referred to in paragraph b of paragraph 2 ofArticle 6 of this Law2. Representatives of the nomination and the general representatives of the parties, federations orcoalitions 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 thespecial 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 administratorsin any bank or savings. The communication referred to above must be made within twenty-fourhours after the opening of accounts.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 34
  • 35. 3. If nominations are not proclaimed or waivers to attend the election, the impositions made byothers in these accounts should be restored to them by the parties, federations, coalitions andgroups that promoted it.Article 125.1. All funds to cover election expenses, whatever their origin, should be entered in the aboveaccounts and all expenditures must be paid from them.2. Election administrators and persons authorized by them to dispose of the account funds areresponsible 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 daysafter the vote, election expenses previously incurred.4. Any claim for election expenses not be reported to the appropriate managers within sixty daysafter the vote is not valid and not payable. When good cause, the Provincial Election or, ifnecessary, 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 recordedin the act of imposing your name, address and number of your National Identity Card orpassport, 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 onits 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 thisAct, the costs to the parties, federations, coalitions or groups of voters for their attendance atelections to the Congress of Deputies and the Senate, Parliament and municipal elections. In anycase, 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 andcoalitions 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 inaccordance with the provisions of the preceding article. The amount advanced may not exceed30% of the subsidy received by the same party, federation, association or coalition in the lastFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 35
  • 36. election equivalent, and the same percentage of the grant that result from the application of theprovisions contained in Articles 175.3, 193.3 and 227.3 of the Act, according to the electoralprocess 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 mustbe submitted by their respective general managers at the Central Electoral Board. In theremaining cases, requests are submitted by administrators of the applications to the ProvincialBoards. They will attend to the Central Board.The Central Electoral Board forwarded to the competent organ of the General StateAdministration requests for advancement of electoral subsidies made by the managers ofpolitical parties, federations and coalitions, and reject those filed by political not entitled to thesame, as as provided in Article 127 of this Act4. From the twenty-ninth day after the announcement, the State Administration available toelection administrators for advances.5. Advances will be returned after the election, the amount in excess of the amount of the subsidyhas finally matched to each party, federation or coalition.6. Notwithstanding the previous paragraph, there shall be granted full refund of the advanceshould not be credited, pursuant to Article 133.4 of this Law, the acquisition by the electedmembers of political groups such the full status of Deputy , Senator, MEP or member of the localcorporation for the effective exercise of the office to which he had been elected and whoseelection has been earned or accrued subsidies contained in this ActArticle 128.1. Is prohibited contributions to election funds accounts from any administration or publiccorporation or parastatal autonomous body of public sector enterprises whose ownership belongsto the State, autonomous communities, provinces or municipalities and mixed-economycompanies, as well as companies that, through existing contract, provide services or supplies orworks made for any of the government.2. As shall the contribution to these accounts of funds from foreign entities or persons, exceptthose granted in the budget of the bodies of the European Communities for funding the EuropeanParliament elections, and in the case of municipal elections, only relative to those for whom it isapplicable 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.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 36
  • 37. 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 ElectoralBoard and the Provincial ensure compliance with the standards set out in previous articles of thischapter. For this purpose, the Central Electoral Board may seek the cooperation of the Court ofAuditors.2. The Central Electoral Board and the Provincial may, at any time of banking and savings banksaccounts state electoral numbers and identities of the depositors and the matters deem necessaryto 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 pendingcompletion of the proceedings of the Court of Auditors, election administrators to deliver 90% ofthe amount of subsidies that according to the criteria established in this Law, they are entitled inaccordance 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.The scores are averaged, with each score having equal weight.1/101/101/102/101/101/101/10Total: 11 percentRational for Score:Spending by candidates on banners and posters in public places specifically designated forelectoral 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, thelimit not exceeding 20% of the electoral spending. Rates for this election advertising shall notFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 37
  • 38. exceed those agreed for commercial advertising. There may not be any discrimination betweencandidates in terms of inclusion, rates and location of such advertising space.All candidates must have an electoral administrator that will be responsible for the candidatesincome, expenses and accounting. They must also have a General Manager who will beresponsible for all revenue and expenditure made by the party during the election period. TheGeneral 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 camefrom must be specified.Anyone wishing to donate to a political party/candidate must provide their name, address, andNational Identity Card (presumably only Spanish citizens can make donations).The government subsidizes the costs to the parties, federations, coalitions, candidates for theirattendance at elections. However, the grant given to each political group can exceed the numberdeclared election expenses as long as its justified by the Court which oversees the electionprocess.Advanced grants are given to parties/candidates that had run in the previous election. Theamount of the advanced grant may not exceed 30% of the subsidy received by the sameparty/candidate in the previous election. Advances can be obtained between 21-23 day after thecall for an election.Foreigners cannot donate funds to parties/candidates in the election. Outside of the electionperiod, foreigners can donate to parties/candidates.Publicly owned corporations, parastatal autonomous bodies, public sector enterprises,autonomous communities, provinces, municipalities, mixed-economy companies, or companiesthat provide services or works to the government through contracts are forbidden from makingcontributions to the election funds.No person or entity may contribute more than 10,000 euros to accounts opened by the sameparty, 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 fromthe date of the call until the 100th day after the elections. They may request at any time all thebanking information and proof of origin of expenses, which they may then choose to publish inthe Official Gazette.Private donations must not exceed by more than 5 percent of the sum allocated from the nationalbudget for subsidizing political parties. Budget for the first year of law was 7.5 billion ESP, andtherefore 375 million ESP is allowed from private sources.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 38
  • 39. 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 perindividual per year. 120,000 EUR or more in donation by individual must be certified bynotarized accountant.The state allows anonymous contributions to parties/candidates from individuals and notfirms/corporations.The state advances parties 30 percent of state funds based on the last election results, and thenthis 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 eachyear 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 seat2. 38 ESP per vote (parliament)3. 96 ESP per vote (senate)The state disallows electoral donations from government, public enterprises and foreigninstitutions. Foreigners can donate outside of the election period.Campaign donations are capped at 1 million ESP (6000 EUR) per any donor. (The maximum onindividual 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 allparties.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 whatinformation goes into annual reports.When two or more elections coincide, parties cannot exceed 25 percent of the maximumexpenses allowed.Political party finances are not accessible by the public.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 39
  • 40. The Court of Audit is not formally required to make its reports available to the public.The score of 11 percent means that Spains electoral finance laws are almost completely unfair.There is no public transparency of parties finances, and the state does not require the Court ofAudit 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 offinancial transparency. Also, there is minimal regulation of party finances outside of the twoweek election period. Foreigners are permitted to donate to political parties outside of theelection period. There are no restriction of corporations from donating to political parties withthe exception of the cap on donations.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 40
  • 41. Chapter Four: Voter SayChapter four will focus on the research and audit results of Spanish laws and regulations withrespect 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 anumber 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 anddiaspora voting. However, these elements of fairness are partly offset by the lack of transparencyof candidate and party finances, voter complaints restricted to place of residence, destruction ofballots immediately after counting them, media access favoring parties successful in previouselection, and a closed list proportional system which limits voter choice in who the politicalrepresentatives are.Document Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Chapter 1. Section 13:2. Only Spaniards shall have the rights recognised in section 23, exceptin cases which may be established by treaty or by law concerning the right to vote and the rightto be elected in municipal elections, and subject to the principle of reciprocity. (This textincludes the first constitutional reform adopted on 27/08/1992; which added the words «and theright 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 writingor 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 disseminationwhatsoever. The law shall regulate the right to the clause of conscience and professional secrecyin the exercise of these freedoms.Section 20:3 The law shall regulate the organization and parliamentary control of the masscommunication media under the control of the State or any public agency and shall guaranteeaccess to such media by the significant social and political groups, respecting the pluralism ofsociety and of the various languages of Spain.Section 23:1 Citizens have the right to participate in public affairs, directly or throughrepresentatives freely elected in periodic elections by universal suffrage.Chapter 3. Section 48 The public authorities shall promote conditions for the free and effectiveparticipation of young people in political, social, economic and cultural development.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 41
  • 42. Houses of Parliament. Chapter 1.5. All Spaniards entitled to the full exercise of their political rights shall be electors and may beelected.The law shall recognise and the State shall facilitate the exercise of the right of vote by Spaniardswho are outside Spanish territory.Organic Law 5 / 1985 of 19 June on the General Electoral System.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 inthe 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, theGeneral Council of Val dAran and General Meetings is essential for its exercise is registered inthe 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 theCentral Electoral Board in the case of general issues that may affect more than one ProvincialElectoral Board. In other cases, raise queries to the Provincial Board of Elections or the ElectoralArea for as long as their respective jurisdiction applicable within the competence of theFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 42
  • 43. consultant.The authorities and public corporations may go directly to the Board having jurisdiction over thecompetence of the consultant.The consultations shall be in writing and shall be resolved by the Board to that address, unlessthis, the importance of them, in their opinion, or estimate should be resolved with a generaldiscretion, 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 caseswhere there are previous resolutions and others of the Board or the Board itself superior, thePresident may, under its responsibility, to give an interim response, without Subject toratification 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 scoreof the residents who will turn eighteen years between January 1 and December 31 the followingyear.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 shouldexercise 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 followingrequirements:A voter asked the relevant delegation, from the date of the call and until the tenth day before thevote, a certificate of registration in the census. This request must be made to any of the PostOffice.The request must be made personally. The postal official in charge of receiving interest requirethe display of their national identity and verify the signature match. In no case shall this purposephotocopy of identity card.In case of illness or disability that prevents the application development staff, whose existencemust be accredited by an official medical certificate and free, it can be made on behalf of thevoter by a person authorized by a notary or consular document that will run individually in Foreach vote and without the same can be included several voters, or one person to represent morethan one elector. The Electoral Board shall establish, in each case, the concurrence of thecircumstances referred to in this section.Send postal services within three days all the documents submitted to the same to theFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 43
  • 44. corresponding Electoral Census Office.Article 73.1. Receipt of the request referred to in the preceding article, the Provincial Office will verify theregistration, make appropriate entry in the census, so that the election day voting is not donepersonally, and the certificate requested.2. Electoral Census Bureau sent by certified mail to the elector, from the thirty-fourth day afterthe announcement and before the sixth day before the vote at the address indicated by him or,failing that, to that provided in the census the election ballots and envelopes, along with thecertificate referred to in the preceding paragraph, and an envelope which bears the address of theBureau where he should vote. With the above documents shall be attached leaflet.The notice of receipt certifying receipt of the documentation referred to above must be signedpersonally by the applicant with proof of your identity. If he is not at home, you shouldcommunicate that person himself or through representation referred to in the letter c in theprevious article in the corresponding post office, upon accreditation, documentation to receive apostal vote , whose contents are to state expressly in the notice.3. Once the voter has chosen or, if necessary, filling the ballot, will introduce in the votingenvelope and close it. Where there are several elections called, will do the same for each.Include the envelope or envelopes and the certified ballot in the envelope addressed to theBureau and send it by certified mail in any case before the third day prior to the elections. Thisenvelope does not need postage.4. The Postal Service kept until election day all correspondence sent to the Electoral and movethose tables at nine oclock. Also, will continue moving that can be received on that day, until thetwenty hours of it.The Postal Service shall maintain a record of all documentation received, which will be availableto the Electoral Commissions. Envelopes received after the twenty hours a day on which the votewill be forwarded to the Electoral Area.Article 74. Editorial by Law 9 / 2007 of 8 October.The Government, after the report of the Central Electoral Board, regulate the specialties providedfor in the two previous articles for a postal vote of the staff embarked on naval vessels, merchantmarine and fishing fleet, staff Spanish armed forces and security bodies and forces of the Statewho are serving missions abroad, and for a postal vote of the citizens who are temporarily abroadbetween the call for an electoral process and its conclusion.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 44
  • 45. SECTION XIII. VOTING.Article 87. Editorial by Law 9 / 2007 of 8 October.1. Voters who can not read or who, because of disability, are prevented from choosing the ballotor place it inside the envelope and deliver it to the Chairman of the Board, they may use for theseoperations to a trusted person.2. Editorial by Law 2 / 2011 of 28 January. However, the Government, after the report of theCentral Electoral Board, regulate the voting procedure for the blind or visually impaired toenable them to exercise their right to vote, ensuring the secrecy of the vote, which shall, in anycase, elections to the Congress of Deputies and the Senate, the European Parliament electionsand referendum assumptions.Electoral Fairness Audit Results for Equality of Voter Say:Score:The FDA electoral fairness audit team could not reach consensus on the score of 64.3 percent.The scores are averaged, with each score having equal weight.6/106/106/107/107/107/106/10Total: 64.3 percentRational for Score:Every Spaniard has the right to receive truthful information by any means of dissemination thatexists.The state promotes the participation of young people in the political sphere. Political parties haveyouth organizations which receive unspecified state funding.The right to vote is for Spanish citizens aged from 18 years and above. The following persons donot have the right to vote: those who had been convicted of a crime and the judicial decision orpenalty denied them of the right to vote, those that suffering from psychiatric disabilities and areunable to attend a polling station due to detention in a psychiatric hospital.Spaniards who are outside the Spanish territory are entitled to vote under law.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 45
  • 46. The closed list proportional system limits voter say by allowing the parties to determine who thepolitical representatives will be.Voters may file complaints and queries to the Electoral Board that corresponds to their area ofresidence. These complaints will be resolved within 5 days. They may consult the CentralElectoral Board on general issues.Voting by mail is permitted, but the ballot must be requested a maximum of 10 days prior tovoting day.Postal vote is provided for Spanish citizens serving on naval vessels, marine merchants andfishing fleet, as well as to members of the Spanish armed and security forces who are servingmissions abroad and citizens temporarily abroad during the election process.Voters who have disabilities such as visual impairment can still exercise their right to vote bybeing assigned a trusted person who will help them cast their ballot.Foreigners outside of the election period can donate to candidates and parties.Political content of public and private media based on proportionality and neutrality, and therebyis biased to large, dominant parties.The state allows anonymous contributions to parties/candidates from individuals and notfirms/corporations.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 seat2. 38 ESP per vote (parliament)3. 96 ESP per vote (senate)The state disallows electoral donations from government, public enterprises and foreigninstitutions. Foreigners can donate outside of the election period.Campaign donations are capped at 1 million ESP per any donor.Total amount of anonymous donations must not exceed 5 percent of total party subsidies to allparties.Candidate and party spending limits based on 44 ESP per inhabitant of a constituency.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 46
  • 47. Campaign Provisions:Election campaigns begin on the 38th day after the call for an election. No election advertisingcan be conducted through public posters, commercial carriers, inserts in newspapers, radioor other digital media until the 38th day after the election annoucement.Free facilities for the purpose of electoral advertising will be provided by public administrationbut they are strictly limited to the period of the election campaign.Posters and other forms of electioneering can only be posted in specific public places andapproved commercial places. These places will be identified and published no later than 7 daysafter 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 specificresidential district. The party with the most votes in the last election will receive the mostspace 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% ofthe spending limit defined by the electoral process.Within 10 days following the call, all reservations will be made by all candidates for thepurpose of conducting election campaigns. Since this process is preferencial and based onprevious 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 officialresults of the campaigning schedule will be printed in the Official Gazette of the Province 15days following the election call.Candidates are entitled to campaign in the press and radio stations in private ownership, thelimit not exceeding 20% of the electoral spending. Rates for this election advertising shall notexceed those agreed for commercial advertising. There may not be any discrimination betweencandidates 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 votesobtained 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 notrepresented in the previous election- 15 minutes of airtime to parties that were represented in the previous election but did not reach5% of the total valid votes- 30 minutes of airtime to parties that had reached between 5% to 20% of the total valid votes inthe previous electionFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 47
  • 48. - 45 minutes of airtime to parties that had reached at least 20% of the total valid votes in theprevious electionElectoral advertising space cannot be contracted in public media or private televisionstations.But – under certain concessions, private TV stations can engage in advertising airspace forelections. However during the election period, privately owned broadcasters must follow theprinciples of pluralism and equality. Also in this period, private TV must respect the principles ofproportionality and neutrality of information in the electoral debates and interviews as well asinformation on the campaign according to the Instructions to this effect. Respect for pluralismand values of equality in broadcasting by private TV stations will be guaranteed by local electionboards. The terms for distribution of private TV airspace are the same as those for publicTV airspace.The state disallows firms/corporations from electoral advertising during an election campaign.Elections to the Senate take place under a limited vote system, in which each of the forty-sevenpeninsular provinces is assigned four seats, while the larger islands on Balears (Baleares) andCanarias - Mallorca, Gran Canaria, and Tenerife - are assigned three seats each, and the smallerislands - Menorca, Ibiza-Formentera, Fuerteventura, Gomera, Hierro, Lanzarote and La Palma -one each; Ceuta and Melilla are assigned two seats each, for a total of 208 directly elected seats.In constituencies with four Senators, electors may vote for up to three candidates; in those withtwo or three Senators, for up to two candidates; and for one candidate in single memberconstituencies. Electors vote for individual candidates: those attaining the largest number ofvotes in each constituency are elected for a four-year term of office. In addition, the legislativeassemblies of the self-governing or autonomous communites into which the provinces of Spainare grouped are entitled to appoint at least one Senator each, as well as one Senator for everymillion inhabitants.The score of 64.3 percent means that the legislative basis for voter say is more fair than unfair.Spanish voters have freedom of expression and assembly, and there are many provisions such asmail and diaspora voting which create fairness of voter say. However, these elements are partlyoffset by lack of transparency of candidate and party finances, and caps on electoral donationswhich favor wealthy voters over less wealthy voters. Also, public and private media access isbased on proportionality to results of the previous election, and therefore new and smaller partieshave unfair media access. The same applies to public electoral subsidies. These unfair elementsimpact voter say, because they encourage a narrow and unbalanced electoral discourse and lessinformed voters. The closed list proportional system weakens voter say, because the partiesdetermine who the political representatives will be; voters can only choose the parties that aresuccessful.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 48
  • 49. Chapter Five: Audit ResultsChapter five will set out the FDA’s scores for each of the areas of the Spanish electoral system asset out above.1. Research and audit results for the fairness of Spanish laws and regulations on the politicalcontent of media including newspapers, broadcasters, online media, before, during, and afterelections.5.4/102. Research and audit results for the fairness of Spanish Laws and regulations on candidates andparties influence before, during and after elections.4/103. Research and audit results for the fairness of Spanish laws and regulations on electoralfinance.1.1 /104. Research and audit results for the fairness of Spains laws and regulations on voter say before,during, and after an election.6.4/10Total score: 16.8/4042.25 percentFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 49
  • 50. Chapter Six: AnalysisChapter six will provide a brief analysis of the FDA’s findings.Spain received an overall failing electoral fairness score of 42.25 percent. The score means thatthe constitutional and legislative basis for Spanish democracy is more unfair than fair. Withreference to the FDA grade scale, an F grade refers to unacceptable laws and regulations for thecountry (i.e. numerous major deficiencies in most if not all of the following: laws and regulationson the fairness of political news coverage on mainstream media (including broadcasters and thepress), and laws on campaign finances, candidate and party influence, and voter say). (Grade lessthan 50%)The lower the failing grade the more severe will be the electoral deficiencies.Spain is 7.5 percent below a 50 percent score or a balance of fairness and unfairness.The minimum acceptable electoral fairness score is 70 percent. All of Spains scores are belowthis minimal level.Spain has severe deficiencies in electoral finance as indicated by the score of 11 percent. Thescore means that Spains electoral finance laws are bordering on complete unfairness.In relation to five European countries audited, Spains democracy ranks second:1. Norway: 58.5 percent2. Spain: 42.25 percent3. Finland: 40.75 percent4. Denmark: 35 percent5. Sweden: 34.5 percentOut of the 26 countries audited, Spain ranks 6th. Only 5 of the countries surpass the 50 percentzone, and only 3 countries have acceptable electoral fairness scores:1. France: 91.75%2. Venezuela 85%3. Bolivia 78.75%4. Norway 58.5%5. New Zealand 54.75%Spains major deficiencies are the lack of transparency of electoral finances, an unfairoveremphasis on awarding parties successful in the previous elections, and the lack of politicalcontent regulation of the public and private media outside of the two week election period.Advanced democracies such as Norway, France, and Bolivia regulate the ownershipconcentration in the private media and ensure candidate and party finances are publiclytransparent. France and Bolivia have many laws and regulations which help create an equal andFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 50
  • 51. fair playing field for political parties such as in Bolivia civic and indigenous organizations havethe same rights as political parties, and in France, party registration is based on popular supportand there is state electoral funding for new parties.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 51
  • 52. Chapter Seven: ConclusionChapter seven will provide a summary of the FDA’s findings.With an overall score of 42.25 percent, Spains democracy is unacceptable. The sources of theunacceptability are the overemphasis on awarding parties successful in the previous election,lack of transparency of electoral finances, and lack of regulation of the public and private mediaoutside of the election period.Similar to the United States federal democracy, Spains democracy favors unfairly a two-partysystem. Small and new Spanish parties have almost no hope of forming government, when thelarge, established parties have significant advantages in electoral funds and media access.Consequently, Spains electoral discourse is narrow and unbalanced, and as a result Spanishvoters are less informed. A fair democracy would have broad and balanced electoral discourse.Unfortunately, the majority of Spanish parliamentarians determine the election laws, so Spainsdemocracy is caught in a static mode, similar to Canada and the United States democracies, inwhich only the same two or three parties have a reasonable chance of forming government. Inreality, since the fall of Franco, there have been eight elections, and only the two same partieshave formed the government. The change in governments by always one of the two same partiessuggests an unfair democracy.To avoid an increasing static state and thereby lack of progression and susceptibility ofcorruption, Spain needs to reform its democracy into a true multi-party system, in which allregistered parties have a reasonable chance of forming government.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 52
  • 53. Chapter Eight: RecommendationsChapter eight will set out the FDA’s recommendations on how Spain can improve its electoralfairness score and thereby its electoral fairness.With an overall failing score of 42.25 percent for electoral fairness, Spain needs significantreform of its republic electoral system. The FDA recommends the following reforms:1. Candidate and party finances including annual reports should be available to the public.2. Electoral reports by the Court of Audit should be available to the public.3. The registration of political parties should be based on having member support from atleast .5 percent of the voting population.4. Public party subsidies should be shared equally with all registered parties, rather thanfavor parties successful in the previous election.5. Spains private media including broadcasters and the press should regulated for ownershipconcentration. Bolivia has very progressive ownership concentration laws, which promotesplurality and allows media ownership for social and indigenous groups.6. Spains public and private media electoral coverage should be broad and balanced.7. Spanish parliamentarians should cease making the election laws and regulations. Anindependent, non-partisan Spanish committee made up a cross-section of Spanish society shoulddetermine the election laws and regulations.Spains democracy is significantly less than optimal. An overemphasis on parties successful inthe previous election undermines electoral discourse and makes Spanish voters less informed.The will of the Spanish people is controlled.Some form of Spanish social revolution is necessary due to the two-party grip on Spanishdemocracy.A pure democracy will have a broad and balanced electoral discourse and highly informedvoters. Candidates and parties will be successful in elections not based on past results orlegislated advantages over other candidates and parties, but based on who they are and what theyoffer the people. The will of the people, within an equal and fair electoral playing field, willdetermine who governs and who does not.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 53
  • 54. ReferencesBarrio Astrid and Barbera Oscar, ―The Evolution of Party Funding Reforms in Spain (1976-2011)‖, February 2011.Balfour, Sebastian. The Politics of Contemporary Spain. ed. Sebastian Balfour. New York:Routledge, 2005.Election Resources on the Internet: Elections to the Spanish Congress of Deputies, ManuelAlvarez-Rivera, September 2010.Electoral Law 2002. --Ley Orgánica 6/2002, de 27 junio JEFATURA DEL ESTADO BOE 28junio 2002 , núm. 154 , [pág. 23600 ]Evaluation Report on Spain, Transparency of Party Funding (Theme II), GRECO, Strasbourg,May 15, 2009Gibbons, John. Spanish Politics Today. Manchester: Manchester University Press, 1999.Ley Orgánica 2/1988, de 3 de mayo, reguladora de la publicidad electoral en emisoras detelevisión privada.Magone, Jose M. Contemporary Spanish Politics, 2nd ed. New York, Routledge, 2009.Organic Law 5/ 1985 of June on the General Electoral SystemNassmacher Karl-Heinz, ―Party Funding in Continental Western Europe‖.Pinto-Duschinsky and Postnikos, ―Campaign Finance in Foreign Countries‖ IFES, Feburary1999.Spanish Constitution 1978Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Spain Page 54

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