Appeal against Designation: Obstacles and Excuses

New: The Judiciary District Electoral Commission shall assess the viability of the excuse, consisting of the fact that Election Day coincides with a trip or stay of a holiday nature that has led to hiring prior to the calling of the elections, and the cancellation of which would cause financial damage or serious disruption to the applicant.

The Judiciary District Electoral Commission shall take into account:

The objective difficulties that this could entail for the full integration of the polling stations in their demarcation, as the main criterion that should prevail in any case.

That the interested party must provide documentary proof of the due anticipation of the contract, as well as of the alleged economic damage or serious disruption (Agreement of 8 June 2023 JEC)

The positions of Polling Station members are binding, as are the positions of the alternates.

In the case of the 23 July elections, those appointed will have seven days from the date of notification to provide to the relevant Judiciary District Electoral Commission with a valid and documented reason for not accepting the post. Persons over the age of 65 who have been appointed may resign within seven days of notification.

The Judiciary District Electoral Commission resolves the allegations within 5 days. This decision of the Judiciary District Electoral Commission cannot be challenged in administrative electoral proceedings, without prejudice to any judicial remedy that the person concerned may consider appropriate (decisions of the Central Electoral Commission of 20 April, 19 September and 3 December 2001). On the other hand, Article 8.5 of Law 29/1998, of 13 July, on the Jurisdiction of the Administrative Courts, states that the Administrative Courts have jurisdiction to hear appeals against the decisions of the Judiciary District Electoral Commissions.

The possibility of receiving and sending requests and appeals by fax is contemplated, provided that the original documents are also sent by post or by any other means that allows proof of receipt by the person concerned (Decision of the Central Electoral Commission of 9 February 2000).

A person’s status as a Polling Station member is not lost until the Judiciary District Electoral Commission has accepted the alleged excuse by the designated person. No other person or institution may decide to change this status.

If any of the nominated persons are subsequently unable to carry out their duties, they must notify the Judiciary District Electoral Commission at least 72 hours before the date of the election, giving reasons. If it is not possible to go to the Polling Station after this time, the Judiciary District Electoral Commission must be informed immediately and in any case before the polling station is constituted (8:00 a.m. on election day). Alternates may also invoke excuses which prevent them from sitting on the Polling Station.

The position of Polling Station member cannot be held by a person standing as a candidate, even if he or she is standing as a candidate in another constituency. This is considered a legitimate reason for ineligibility, in accordance with the provisions of Article 6 of Organic Law 5/1985, of 19 June, on the General Electoral System.

The person designated by the Administration to receive a copy of the tally sheet for the purpose of providing preliminary information on the results of the election shall not combine that function with that of a Polling Station member.

The Presiding Officer and members of Polling Stations, as well as their respective alternates, who fail to appear for their duties, abandon them without a legitimate reason, or fail to comply with the obligation to excuse themselves or give prior notice without a legitimate reason, shall be liable to imprisonment for a term of three months to one year or to a fine of six to twenty-four months.