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The electoral regulations punish with imprisonment of three months to one year or a fine of six to 24 the failure to appear at the polling station of someone who has been appointed president or member. Despite the sanction, the dozens of electoral processes held in democracy have led to a multitude of convictions of those who fail to comply with the obligation imposed by the Organic Law of the General Electoral Regime (Loreg).

The legislation offers numerous grounds for circumventing the outcome of the draw, but the list of unsuccessful arguments is even more extensive. For example, that of being of "libertarian ideology" and not agreeing with the "system of political representation". The Plasencia court that reviewed this matter imposed a fine of 270 euros on the woman. The sentence replied to the defendant that her thesis was "difficult to protect". The judge recognized "as a notorious fact, the wear and tear and discredit of some of the institutions, because of the scarcely edifying behavior of some of the political leaders," but added that this "cannot serve as a basis to protect and justify attitudes of rebellion or insubordination to the mandates of a law that, by definition, in a democratic system is just."

The rest of the convictions consulted are more aseptic. For example, the last one addressed by the Supreme Court, to which an elector from Sant Adrià de Besòs (Barcelona) appointed vocal appealed. He did not show up at eight o'clock in the morning, the time established by law for the presence of incumbents and alternates. He ended up sentenced to pay 2,700 euros.

To avoid conviction, he had alleged "a nocturnal indisposition", but without providing medical evidence. In fact, the sentence that the Supreme Court ratifies highlights that the defendant admitted that in the middle of the morning he had gone through the table "to see if it was correctly constituted", and in the afternoon "he went to vote with his family", without at any time "excused his absence before the president of the table, nor alleged any reason for his non-appearance".

Nor did it help a man from Palma de Mallorca to explain plainly that he had "forgotten" that he had to appear at the polling station. A criminal court imposed a fine of 2,880 euros on the clueless. There are also numerous convictions of those who arrive late. They check that the table has been constituted correctly, which does not free them from the sanction.

Among the convicts who also took their matter to the Supreme Court, and lost, is that of a neighbor of L'Hospitalet de Llobregat with a disability of 91% who required help to move. He played as a substitute at a table and ended up sentenced to a fine of 236 euros, initially higher but reduced by the slowness of the procedure.

The disability would have exempted him from appearing at the table, but for this it would have been necessary to request it from the Zone Electoral Board, something that did not happen. "He did not do in advance what was necessary to be assisted and go to the polling station on election day. And neither did he communicate to the Electoral Board the existence of a material impossibility to do so, which would have served to relieve him of his obligation, "say the magistrates. "Thus, what is known is that, purely and simply, he completely ignored that duty," they add.

The key article of the Electoral Law sanctions the president, the members and the alternates "who cease to attend or perform their functions, abandon them without legitimate cause or fail without justified cause to comply with the obligations of excuse or prior notice imposed on them by this Law."

Fine for imprisonment

In practice, imprisonment is replaced by a fine (two days' fine for each term of imprisonment). Regarding the amount of the sanction, the sentence sets a daily fee – at least two euros – which is multiplied by the number of days imposed. Thus, the minimum sentence is 360 euros, which corresponds to two euros per day for 180 days (six months).

Most of the convictions are against citizens who simply did not file themselves. When it is requested to be exempt, it is the Zone Electoral Board that decides. Having a trip contracted prior to the election call is not on the list of justifications.

Nor when the trip is for work. The Electoral Board of Barcelona, for example, refused to exempt from presenting a professional golf player who had planned a knockout on the day of the vote. He decided not to appear and the Prosecutor's Office claimed for him a fine of 2,640 euros. The Audiencia of Barcelona ended up acquitting him.

  • General Elections
  • Politics

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