For the first time in recent history, Spain will face general elections in the middle of the summer vacation campaign. On July 23, the Spanish are called to the polls, which has hit many like a jug of cold water. Not so much for having to vote on vacation (it can be done by mail), but because of the possibility that they will be called at a polling station.
In Spain, if you are the president or member of the polling station, there is no possible escape. It is mandatory, and the truth is that in compensation the state offers you a small allowance (70 euros) for fulfilling your civic duty. In other circumstances there would be no doubt, but being it summer, some citizens wonder if they can get rid of having bought vacations, that is, have a prior commitment.
The quick answer is no. Regardless of your circumstances, you can’t get away from paying your civic duty to the elections. Although there are some exceptions. And before you wonder, no, you don’t get off the hook if you go ahead and vote by mail either.
However, the electoral law admits some exceptions to get rid of having to be at a polling station. Not because it’s in summer, rather, the law includes some circumstances by which you can exempt yourself from paying your obligation in the elections.
The Electoral Board is made up of a President and two Members (plus substitutes). In both cases, these positions are mandatory and, in general, the only ones who cannot hold said positions are those who present themselves as candidates.
How is a polling station composed?
As stated in the Spanish Electoral Law, the President and the Members of each Table are designated by public lottery. All the people included in the list of voters of the corresponding Bureau enter the draw.
And the only requirement is to be raffled among those who can read and write and are under 70 years of age. However, from the age of 65 they may express their resignation within seven days. To be president, yes, it is necessary to have a Bachelor’s degree or a Second Degree Vocational Training degree, or secondarily, a School Graduate or equivalent.
Can you get rid of being at a polling station in the summer?
The designated President and Vocal of the Table have a period of seven days to allege before the Electoral Board of the Zone a justified and documented cause that prevents them from accepting the position. And no, vacations are not one of the justified causes.
Within the list of causes of impediment to form part of the polling stations, it is convenient to distinguish between personal causes, family causes and professional causess, but most are taxed by law and have no escape.
Are those established by law are collected in the Instruction 6/2011of April 28, of the Central Electoral Board, of interpretation of article 27.3 of the Organic Law of the General Electoral Regime, on impediments and justified excuses for the positions of President and Member of the Electoral Tables.
Although the law is quite comprehensive, generally speaking, the only reasons to be able to get out of being at a polling station are the following:
- Being off work, logically with medical authorization. Also included are those who have a physical or mental illness even though it has not led to official sick leave, although again a medical certificate must be provided.
- Have a disability that prevents you from coming to the table. Those who are in charge of a disabled person or a family member who cannot fend for themselves are also exempt.
- Being a pensioner with an absolute permanent disability.
- Being pregnant for six months or more. If it is minor, personal circumstances are taken into account.
- Being admitted to a psychiatric center or penitentiary.
- Form part, during the day of the elections, of an electoral board, of a court or public administration with specific electoral activity. Neither are those who are candidates for one of the parties running for election, or who have been at a table three or more times in the last decade.
- Victims of a crime who hold a restraining order when the convicted person is from the same census
- If you have an operation or major medical tests on Election Day or the days immediately before and after.
- Being a member of a religious community that is incompatible with participation in a polling station, although the last word will be the Electoral Board.
- Those with a change of habitual residence to a place located in another autonomous community, as long as it can
- Those who have a family event that cannot be postponed or in which the postponement causes significant economic damage, such as your wedding day.
- Essential service workers, also those who have a position of high responsibility in a communication medium.
- Those who participate in a public event on the day of the voting at a professional level, properly justified.
However, regardless of whether the justification of the one who has been elected is included in the law or not, you can always appeal to avoid being at a polling station. Everyone who “wins” the raffle has a within 7 days to present their allegations before the Zone Electoral Board from the moment they receive the designation letter.