Red Alert! Electoral crimes that threaten our democracy

Integrity of elections in a democratic system

In the framework of any democratic system, the integrity of elections is fundamental to ensure the will of the people and to maintain confidence in the electoral process.

The context in Spain

In Spain, as in other countries, there are specific regulations that protect the electoral system and penalize those acts that jeopardize its legitimacy. In spite of this, as we have been able to know in these last elections, the police have arrested several people accused of alleged vote buying, which apparently have been of greater entity and have transcended more, both those occurred in the autonomous city of Melilla, and those of Mojacar.

Exploring electoral crime in Spain

In this article, we explore electoral crime in Spain, addressing its legal framework, the most common types of crimes, the legal consequences, as well as the importance of prevention and citizen reporting.

Legal Framework

Electoral crime in Spain is mainly regulated by the Organic Law of the General Electoral Regime (LOREG) Organic Law 5/1985 of June 19, 1985, as well as other complementary laws which establish the rules and procedures for the holding of elections, ensuring the transparency, equality and freedom of the electoral process.

Types of Electoral Offenses

Within the spectrum of electoral offenses in Spain, we can identify various unlawful conducts in Articles 139 and following.

Offenses committed by public officials

Arts 139, 140 and 143 LOREG. These are activities that impede or hinder the normal exercise of the vote or that in any way adulterate the result of the voting. Examples of these offenses are:

• Change the ballot or the envelope delivered by the voter.
• Allowing someone to vote more than once.
• To suspend without cause an electoral act.
• Failure to comply with the rules on the display of the electoral roll.
• The president or member of the polling station who unjustifiably leaves the polling station or fails to attend the same in breach of the obligations of excuse and prior notice.
• Public officials who, by means of remuneration, gifts or promises, or by means of coercion or intimidation, attempt to change the vote of any person or prevent or hinder any person from entering, leaving or remaining in the polling station in an unjustified manner.

Crimes committed by private individuals

Arts 141, 142, 144, 145, 146, 147, 148. Any person who disturbs the order of any electoral act is punished, as well as anyone who, by means of remuneration, gifts or promises (vote buying), or by means of coercion or intimidation, attempts to change the direction of the vote of any person or prevents or hinders him from entering, leaving or remaining in an unjustified manner in the polling station. These crimes are punishable with up to three years of imprisonment. Also punishable is anyone who violates the regulations relating to election polls. This is perhaps the most absurd crime existing in the regulation of our country, which prevents the publication of polls from a certain moment, since article 69.7 of the LOREG states: "The prohibition to publish, disseminate or reproduce electoral polls by any means of communication during the five days prior to the voting day".

From my point of view, this crime should disappear, since its basis in 1985, when this prohibition was introduced, was to prevent voters from being influenced by electoral trends, to the point of modifying their voting intentions, but at this time, and with the existing access to networks, which provide immediate information in real time, I consider that there is no basis for punishing the offender with imprisonment of up to one year.

The crime described in article 144 punishes those who carry out acts of electoral propaganda after the end of the campaign period or those who paste electoral posters in places not foreseen for this purpose. Special mention must be made of the crime described in Article 141.1 regarding the infringement of the procedures for postal voting. It punishes whoever violates the procedures established for the vote by mail with a prison sentence of three months to one year or a fine of six to twenty-four months. The vote by mail is regulated in articles 72 and following of the same LOREG as you can check in the following link, therefore, any infraction of the mentioned articles could result in the commission of this crime. As a curiosity, article 142 punishes with a penalty of up to two years the individual who votes in the same elections two or more times.

Electoral offenses committed by members of the Armed Forces or state security forces, judges, magistrates and prosecutors and members of the Electoral Boards.

This is a specialty provided for in art. 144.2, which punishes any of these persons who disseminate electoral propaganda or carry out other electoral campaign activities.

Offenses committed by persons acting as general or candidacy administrators or by those who are authorized to dispose of electoral funds, as well as by federations, coalitions and electoral boards.

Arts 149, 150. These are special crimes, which can only be committed by these persons and entities and which involve the falsification of the accounts of the entities to which they belong. Also included is the misappropriation or distraction of funds delivered to them for electoral reasons, which, in case any of you are curious, can be consulted at this link. In addition, the LOREG establishes in its article 151.1 that the procedures for the sanction of these crimes will have a preferential character and will be processed urgently.

Legal Consequences

Therefore, and as has been seen, electoral crimes in Spain are not taken lightly and carry severe legal consequences that can reach up to seven years in prison in the most serious cases. These sanctions seek to preserve democratic integrity and send a clear message that any attempt to manipulate the electoral process will be punished.

Prevention Measures

In order to guarantee the integrity of the elections, several preventive measures have been implemented. The control and surveillance of voting centers, the verification of voters' identity, the regulation of political parties' financing and the existence of electoral observers are some of the strategies used to prevent and detect possible electoral crimes.

The Importance of Whistleblowing:

These are public offenses, as provided for in Article 151.2 of the LOREG.

I believe, therefore, that citizen participation is fundamental in the protection of the electoral system. Reporting possible electoral crimes is an act of civic responsibility and contributes to maintaining transparency and confidence in the process. The competent authorities must receive and investigate these complaints in a serious and effective manner, acting with impartiality and diligence.

José Soler Martín - Lawyer