Archive image of an electoral polling station. EUROPA PRESS
A historic situation has occurred in Zaragoza, whose City Council has once again had to draw a complete polling station in the Garrapinillos neighborhood after obtaining 15 of its 16 members (including the seven people on reserve) the status of excused before the Electoral Board. The only candidate without achieving the resignation is a member who is pending the resolution process of his resignation.
Nearly 180,000 citizens will be in charge this Sunday of attending the almost 60,000 polling stations throughout the country to register the vote for the municipal and regional elections on May 28. Counting on the 357,228 substitutes, the municipalities have sent more than 535,000 notifications to citizens to be holders or substitutes of the polling stations.
The composition of the polling station is the responsibility of each municipality by public lottery using any random procedure or random mechanism. The draw, which includes the president and two members plus two substitutes for each member of the board, is carried out among all the registered people who are under 70 years of age and know how to read and write. Those who reach the age of majority between the formation of the voter lists and the voting are excluded from the lottery.
There are a number of excuses and legal motivations that allow those summoned to waive the obligation to be a member of a polling station, but they must always documentary proof.
The list of cases of resignation contained in the regulations of the Central Electoral Board is not closed and the Zone Boards have the last word to resolve both regulated evasions and those not provided for in the legal instruction.
What personal causes can be alleged to resign?
To be older than 65 and younger than 70 allows the excuse to be automatically processed within seven days from the receipt of the communication.
The citizen who has recently changed habitual residence to another Autonomous Community and documentally justify their difficulty to be part of a polling station may resign from office.
Las people with disabilities they can resign and it will be enough to provide the corresponding statement, whatever their grade, for the excuse to be accepted by the Zone Electoral Board. It is not necessary to provide a medical certificate.
pensioners with absolute permanent disability and severe disability and workers who are in temporary disability for work (in this case accredited by the corresponding medical leave) may excuse being a member of a board.
In case of disease and always providing a medical certificate, you can excuse yourself when you suffer from an injury, illness or physical or mental illness that prevents or is particularly difficult to perform the functions of a member of a polling station. Also when a planned surgical intervention o Relevant clinical tests on the day of the vote, on the days immediately before or on the day after
They can waive the pregnant from six months and mothers who are in the maternity rest period. Also if the woman is at risk during pregnancy in the first six months. A medical certificate or a copy of the document acknowledging the subsidized maternity leave must be provided.
In addition, boarding schools prisons the en psychiatric hospitals through certification of those responsible for them, they will be able to process their excuse.
Las victims of a crime for which a penalty or precautionary measure of prohibition of approaching has been imposed when the convicted or investigated recipient of said prohibition has to vote at one of the tables of the electoral college to which the victim belongs.
Those who have been part of a polling station at least in three times in the last ten years they also have a reasoned excuse for not attending the electoral call.
The people who belong to denominations or religious communities They can resign when the ideology or its closure regime are contrary or incompatible with participation in a polling station.
What professional and work reasons prevent you from coming to the table?
People who must provide essential services of vital importance such as those of medical, health, civil protection, firefighters, police, military character… The justification will consist of a report issued by the person in charge of the service.
They can also resign media directors of general information and the heads of the information services that must cover the election day.
The professionals who match the elections with their participation in public events (actors, musicians, artists…) provided that they are provided for prior to the electoral call, that the interested party cannot be replaced and his absence forces the suspension of the event, causing relevant economic damages. All these circumstances must be documented.
The summoned may reject the appointment if on the day of the vote he provides his services to the Public Administrations, the Electoral Boards or the Courts that have electoral functions assigned.
What are the family causes to justify the resignation?
Las mothers breastfeeding and until the baby is nine months old (accredited by a copy of the family book) or who directly and continuously cares for children under eight years of age or the disabled or who cares for people who cannot fend for themselves due to reasons of age, accident or illness (up to the second degree of consanguinity or affinity) can process their resignation.
If on May 28 the summoned has family events of special importance (weddings, baptisms, communions…) that cannot be postponed or that their suspension causes important economic damages, provided that they are the protagonist or have a relationship of kinship with the honoree up to the second degree of consanguinity (even uncles, grandparents, nephews), you can excuse being a member of a polling station. Documentary evidence must be provided of the anticipated holding of the event, its urgent nature or economic damages in case of suspension.
He father or mother summoned and with children under 14 years of age You may resign when you prove that the other parent cannot take care of the minor during election day, and there must also be no ascendants or other older children who can take care of the minor.
Where and how can you renounce?
Those designated as president and board member have a period of seven days to plead in person before the Zone Electoral Board a justified and documented cause that prevents them from accepting the position. The Board resolves without possible appeal within a period of five days and communicates, where appropriate, the substitution produced to the first substitute.
If subsequently any of those appointed is unable to attend the performance of his position, he must notify the Zone Board, at least 72 hours before the act to which he should attend, providing the pertinent justifications.
As letters of summons were sent last week, if the person summoned has a “serious problem”, according to the letter, that prevents them from going to the polling station, they must prove it in documentary form and immediately communicate it in writing to the Zone Electoral Board until on May 27.
In addition, the presentation of excuses has been made available to citizens through a computer application (here you can process your resignation) and with an identity accreditation system so that the person summoned can provide documentation of their request for resignation.
To access the application you must enter a code (called CSV) that is indicated at the bottom of the letter that has been received.
What happens if a board member is late or sick that day?
It is essential to provide a medical certificate and notify the Board and polling station so that they do not report to the Prosecutor’s Office and avoid the possible concurrence of administrative and criminal responsibility.
If you arrive late, between 08.00-08.30 and the table has not been constituted, surely nothing will happen, but if the table has already been constituted, the members of the table will have to record it and the Board will decide if there is penalty and whether to report to the Prosecutor’s Office for possible criminal liability.
From Legálitas they recommend being punctual at 8:00 a.m. on the day of the election, “lest the constitution of the table begin, a substitute says that he wants to stay, the Electoral Board has to decide and we expose ourselves to sanctions.”
And if he does not show up being previously summoned?
Appearance at the polling station is a duty and attendance is mandatory, provided that there is no justified cause. In the letter sent by the Zone Electoral Boards to the more than 535,000 designated (including substitutes) they are informed that the condition of member has “priority and mandatory nature”noting that whoever does not attend without legitimate and justified cause may incur a prison sentence of three months to one year or a fine of six to 24 months, for each day a monetary amount is filed and multiplied by the established time.
It must be borne in mind that the record for this crime remains for later.
What permissions and compensation does being a board member have?
The people who make up the board for the elections must comply with their obligations on the day of the vote, regardless of the work day of the previous day.
The polling station cannot stop, but the members of the polling station (president and two members) must take turns to go to the toilet or go to eat. However, the president and a member or both members must always be there for it to continue working.
If a member or the president is left alone for some reason, the table must stop and that time must be recovered at 8:00 p.m., when election day ends, they say from Legálitas.
Employees and officials who are part of the polling station have the right to full-time paid leave during the day of the vote, if it is a working day. In any case, they are entitled to a reduction of his working day of five hours the day immediately after.
The members of the polling stations will receive a diet of 70 euros.
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