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Article 23 of the Spanish Constitution provides that all citizens have the right to take part in public matters, either directly or through their representatives, freely chosen in periodic elections by universal suffrage. Moreover, article 13.2 of the same Constitution refers: “only Spanish nationals will hold the rights recognized in article 23, except those agreements which, taking into account reciprocity criteria, can be established either by Treaty or Law for the right to vote or  to be elected in Municipal Elections”, right which is recognized to all national citizens of a country member of the European Union. 

The development of the right to vote in municipal elections is dealt with by the Organic Law 4/2000 passed on the 11th of January, about the rights and liberties of foreigners in Spain and their social integration. The Organic Law 2/2009, article 6 deals with the way citizens take part in elections and regulates the following: 

1. Foreigners residing in Spain can benefit of the right to vote in municipal elections, under the terms fixed in the Spanish Constitution, in International Treaties or in the Law.

2. Foreigner residents must be registered in the padron of the municipality  where they live and are granted with all rights allowed as a result of that concept within the legislation of basis of municipal regimen, having to be heard in all those matters which may affect them, according to the rules in application. 

3. Town Halls will incorporate in their Padron to all those Foreigners that live permanently in the municipality and will keep their information up-to-date. 

4. Public Authorities will facilitate the performance of the right to vote of Foreigners in the elections that may take place in their countries of origin.  

In sight of the above, all national citizens whose country of origin belongs to the European Union and those who come from countries which have a reciprocity treaty signed with Spain (by which Spanish nationals are allowed to perform their right to vote in the country of residency), will be allowed to actively participate, excercising their right to vote, in the municipal elections that shall take place in the municipality where they are registered, meaning this that they will be allowed to elect the candidates that take part in the proposed lists to that effect, and that opt to govern the Town Hall in question and all the municipal territory (Major and Councillors), with the aim to achive that their personal interests, within the municipality of residence, are correctly cared. 

Finally, according to the Ministerial Order passed by the Electoral Roll Office belonging to the Ministry of Economy and Treasury on the 7th of September 2010, it is a requirement for all nationals of countries belonging to the European Union who wish to take part and vote in the Municipal Elections to take place next May 2011, to show their Will to do so. The procedure to follow is, apart from being registered in the Padron, ask for the registration in the Electoral Roll Office by filling a questionnaire that you will be able to obtain from the Town Hall, or using your NIE (only in case you are given the codes to make arrangements electronically) through this web site: https://sede.ine.gob.es  

Should you require further information regarding this matter, please feel free to contact us either at our offices located at the COMMERCIAL CENTRE TORREGROSA, Avenida Jorge Martinez Aspar Number 73, on the telephone: 966731353 or sending an e-mail to us on: info@fontanals-solicitors.com. 

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