Central Electoral Commission
Central Electoral Commission is the highest and permanent body of the Electoral Administration, with its seat at the Congress of Deputies in Madrid.
Composition
Since LOREG’s date of entry the Central Electoral Commission is made up of eight senior judges of the Supreme Court of Justice (Tribunal Supremo), appointed by the Judiciary General Council (Consejo General del Poder Judicial) drawing lots from a purse among professors in active service, appointed on a joint proposal of political parties, federations, coalitions or electors’ groups represented in the Congress of Deputies.
The appointments shall be made by Royal Decree in the ninety days following the constituent meeting of the Congress of Deputies, after the general election, and the persons so appointed shall discharge their duties until the inauguration of the Central Electoral Commission at the beginning of the next Parliament.
Members are to elect among those of them belonging to the Judiciary, the President and the Vicepresident at the constituent meeting of the Commission.
Secretariat of the Central Electoral Commission is vested in the Head Clerk of the Congress of Deputies Commission.
The Director of the Electoral Register Office (Oficina del Censo Electoral) may speak, but not vote, at the Commission’s meetings.
1977-1985
Until the passing of LOREG in 1985 composition of the different Electoral Administration bodies was set out in detail in the Royal Decree-Law 20/1977, of March 18, to make provision for election rules. According to this RDL, the following persons were members of the Central Electoral Commission:
- Five judges of the Supreme Court of Justice.
- The longest-serving permanent member of the Council of State.
- Chairman of the Royal Moral and Political Science Institute (Real Academia de Ciencias Morales y Políticas).
- Chairman of National Bar Council.
- Chairman of the Seniors Board of Public Notaries Associations.
- One professor of Madrid Law Faculties.
- Up to five Law Professors or Academy members nominated after announcement of candidates by political parties putting up candidates in more than 20 districts.
The aforesaid judges and Law professor from a Madrid university shall be appointed by drawing of lots out of a purse before respectively the President of the Supreme Court and the Rector of Madrid Central University, among judges and professors in active service.
Members
Excmo. Sr. D. Segundo Menéndez Pérez
Excmo. Sr. D. Eduardo Calvo Rojas
Excmo. Sr. D. Luciano Varela Castro
Excmo. Sr. D. Luis Fernando de Castro Fernández
Excma. Sra. D.ª María del Pilar Teso Gamella
Excmo. Sr. D. Francisco Javier de Mendoza Fernández
Excmo. Sr. D. Antonio Jesús Fonseca-Herrero Raimundo
Excma. Sra. D.ª Ana María Ferrer García
Excma. Sra. D.ª Lourdes López Nieto
Excma. Sra. D.ª Ángela Figueruelo Burrieza
Excmo. Sr. D. Andrés Betancor Rodríguez
Excmo. Sr. D. Carlos Vidal Prado
Excma. Sra. D.ª Inés Olaizola Nogales
Excmo. Sr. D. Carlos Gutiérrez Vicén
Ilmo. Sr. D. Gregorio Izquierdo Llanes
Functions
Among other duties, the Central Electoral Commission is responsible for:
- Conducting and supervising the activity of the Electoral Register Office.
- Giving its opinion in writing of all draft legal provisions to be issued in relation to the Electoral Register for implementation of the main Act.
- Issuing binding instructions to Provincial Electoral Commissions and, as the case may be, to Electoral Commissions of Self-governing Communities (Comunidades Autónomas) on any matter relating to elections.
- Answering with a binding effect all consultations submitted by Provincial Electoral Commissions or, as the case may be, by Electoral Commissions of Self-governing Communities.
- Unifying interpretation criteria of Provincial Electoral Commissions or, as the case may be, of Electoral Commissions of Self-governing Communities in the application of electoral rules.
- Ensuring compliance with provisions relating to accounts and election expenses in the period between call of the election and the hundredth day after polling date.
- Determining all claims complaints and petitions submitted to it.
- Exerting disciplinary powers on any persons officially taking part in election proceedings.
- Redressing any infringements committed in the electoral process provided they do not constitute a criminal offence and imposing fines up to the maximum amount set out in the LOREG.
- Approving, on the proposal of the State Administration or of the relevant Self-governing Community’s Administration, the legal model for the records of Constitution of polling bureaus, of the counting of votes, the minutes of bureau sittings, the minutes of aggregate counting and proclamation of elected candidates.
- Issuing the election credential to members of the Congress of Deputies, senators, local councilors (concejales), members of Provincial Councils (Diputaciones Provinciales) and Insular Councilors in case of vacancy after expiry of the mandate of the relevant Provincial and District Electoral Commissions.
- Announcing candidates for European Parliament elections and proclaiming those elected.
- Publishing results of elections to Congress of Deputies and Senate, and of local and European Parliament elections.