Polling station members must report by 8am on election day. They are ordinary registered voters selected through a public municipal drawing to serve as president or in one of two voting-member posts; substitutes are also appointed. Failing to attend without a reason accepted by the Junta Electoral de Zona, the local Electoral Board, can bring criminal penalties under Article 143 of the Ley Orgánica del Régimen Electoral General (LOREG).
The penalties can include three months to one year in prison. Courts may also impose daily fines for between six and 24 months. The source material says these can amount to between €1,000 and more than €7,000, depending on the person’s financial circumstances. That euro figure is illustrative, not a fixed statutory tariff: the Penal Code sets a daily quota based on the person’s economic capacity, with a daily minimum of €2 and maximum of €400. A final conviction for failing to attend would also leave a criminal record.
Anyone seeking exemption has seven calendar days from receiving the notification at home to submit an objection to the Junta Electoral de Zona. The notification identifies the appointed role and polling station. The reason must fit a recognised ground and come with supporting documents; the Electoral Board, not the employer, decides each claim. Filing an objection does not release the appointee from the duty to attend. The person must await the Board’s decision and, unless excused, remain available to serve.
Personal grounds include being over 65, having a disability or being on medical leave. Being more than six months pregnant also qualifies. Family grounds include breastfeeding or caring for a child under eight. A person who is the sole parent of children under 14 may also apply. So may someone caring for a dependent relative up to the second degree.
Professional exemptions are narrower. They can apply to people working in essential services, including healthcare and firefighting; security workers may also qualify. A director of a media outlet covering election day can apply too. An employer may certify that a worker’s presence is essential to keep the service operating that day.
Previous service may count too: a person who has served on an electoral board at least three times in the past 10 years can seek exemption if the board can still be filled. The authority may consider a non-deferrable operation, or certain illnesses. Holidays and travel are not listed grounds, and working that Sunday alone is insufficient.
Work protections depend on whether the summoned person actually serves. A president or voting member who remains on the board, including a substitute called on to stay, is entitled to a full day of paid leave. The employer cannot deduct that day’s pay or require the hours to be made up.
Presidents and titular voting members also receive a paid five-hour reduction on the following Monday. Someone whose usual shift is eight hours would therefore work three hours that day. For night workers, election-day leave starts with the night shift before voting. The Monday reduction applies at the start or end of the Monday night shift.
A substitute who reports at 8am but is released because the titular member attends does not receive the full day’s leave or the Monday reduction. If scheduled to work on Sunday, that person is entitled to the necessary paid time to travel to the polling station and return to work. RUSSPAIN.COM has also covered a separate transport case in its report on the Urda rail tragedy.
