Provincial Electoral Commissions
Provincial Electoral Commissions, which are of a strictly temporary nature, are initially constituted with their judicial members on the third day after the calling of the election. Membership is completed at a later time with the appointment of non-judicial members, after the official announcement of candidatures. They are finally dissolved one hundred days following the polling date, although their mandate can be extended if new election are called during that period.
They have their seat at the province’s capital city.
Composition
Provincial Electoral Commissions shall consist of:
- Three judges of the Provincial High Court (Audiencia Provincial) appointed by the Judicial Power’s General Council by draw of lots from a purse. If the Provincial Court does not have the requisite number of judges, the appointment shall be made among judges presiding one-person courts in the province’s capital city.
- Two members appointed by the Central Electoral Commission among Law, Political Science or Social Science Professors or distinguished lawyers at the provincial level. The appointment shall take place after the official announcement of candidatures. To this end the representatives of candidatures submitted for the province are to make a joint appointment proposal. Should they fail to do so before the beginning of the election campaign, the appointment shall be made by the Central Electoral Commission.
Judicial members shall elect among themselves the President of the Commission.
The Secretariat is vested in the Secretary of the Provincial High Court, or should there be more than one, in the longest-serving of them.
Provincial Representatives of the Electoral Register Offices may speak, bur not vote, at Commission meetings.
Functions
Provincial Electoral Commissions are responsible within their area of jurisdiction for:
- Determining complaints, petitions and appeals brought to them under the Representation of the People Institutional Act or any other legal statute enabling the Commissions to this purpose.
- Exercising disciplinary powers on all persons officially taking part in the electoral proceedings.
- Redressing any infringements committed in the course of election proceedings not constituting a criminal offence or misdemeanour in themselves and imposing fines not exceeding six-hundred Euros.
- Ensuring the availability in each electoral bureau of all legally required physical means.
In addition to the foregoing:
- They proceed to the official announcement of the names of candidates standing for municipal elections and they finally proclaim the names of elected candidates.