Comprehensive Study Guide: The Spanish Electoral System and Political Parties

Fundamental Principles of National Sovereignty and Electoral Systems

Article $1.2$ of the Spanish Constitution (CE) establishes the foundational pillar of the political structure of the State: national sovereignty resides in the Spanish people, from whom the powers of the State emanate. This principle necessitates a mechanism to translate popular will into institutional power, which is the role of electoral systems. These systems are a fundamental requirement of a democratic state and are strictly regulated by Organic Law (Ley Orgánica).

The primary function of an electoral system is to serve as a procedure that transforms the decisions of citizens, expressed through their votes, into specific members of the political powers of the State, manifested as seats (escaños). Beyond mere arithmetic, the objective of these systems is to represent the people within legislative bodies and, as a direct consequence, to facilitate governability. Generally, political science distinguishes between two primary types of electoral structures: the majoritarian system and the proportional system.

The Majoritarian Electoral System and its Modalities

The majoritarian system is defined by its operational focus on single-member districts or constituencies (circunscripciones electorales uninominales), where only one seat is assigned per district. In this model, the seat is awarded to the candidate for deputy who receives the most votes. The underlying purpose of this system is to establish a direct and personal representative for each specific district, effectively personalizing the representation in a single individual.

Regarding the results required to secure a victory, two possibilities exist. The first is an absolute majority, which implies that a candidate must surpass $50 \%$ of the total votes cast. The second is a simple majority, which is resolved in favor of the candidate who obtains more votes than any other individual candidate, without the necessity of exceeding the $50 \%$ threshold.

There are two main modalities within majoritarian systems. The first is the single-round system, where the candidate with the most votes wins the seat via a simple majority. This is considered the most disproportionate of all systems because the candidate in the first position wins regardless of how many votes the remaining candidates combined may have secured. The second modality is the two-round system. In the first round, a candidate must win by an absolute majority. If no candidate achieves this, a second round is held between the two most-voted candidates. In this second stage, political parties can only present one candidate, and a simple majority is sufficient to claim the seat.

The Proportional Electoral System and the Spanish Context

The proportional electoral system operates through the establishment of multi-member electoral districts (plurinominales), where multiple seats are assigned to a single district. In this setup, there are more deputies than districts. For example, in the Spanish electoral system, which consists of $350$ deputies in the Congress of Deputies (Congreso de los Diputados), every deputy does not represent a unique district. Instead, each district is assigned a number of deputies that varies according to its population. Specific examples include Madrid with $37$ seats, Sevilla with $12$, Cádiz with $9$, and the autonomous cities of Ceuta and Melilla with $1$ seat each.

In this system, political parties present lists of candidates, which highlights a clear distinction from the majoritarian system. Seats are granted based on the percentage of votes obtained. To achieve an absolute majority in such a system, it is typically necessary to secure more than $40 \%$ of the votes, and it is common for parties to form coalitions to reach this threshold. A coalition is defined as a transitory union of people, political groups, or countries with a specific interest. Furthermore, the system relies on electoral lists, which are registries containing the names of citizens entitled to vote. These lists serve to verify voter identity and ensure that only those meeting legal requirements can exercise their right to vote.

Proportional systems are categorized as pure or corrected. A pure proportional system ensures that the percentage of seats is virtually identical to the percentage of votes (e.g., $10 \%$ of votes equals $10 \%$ of seats), ensuring a fair and equitable representation of all political forces. This typically involves large districts and low legal barriers to allow small parties to gain representation. Conversely, the "corrected" system, which is used in Spain, utilizes methods like the D’Hondt Formula.

The D’Hondt Formula and Corrected Proportionality

The D’Hondt Formula is a mathematical method used to distribute seats in a proportional representation system with the aim of assigning them relative to the number of votes each list receives. However, this specific formula tends to favor the most-voted lists, making access more difficult for minority parties. It is a key feature of the Spanish system used to balance representation with the need for stable governance.

The procedure involves dividing the total number of votes for each list by a series of integers ($1, 2, 3, \dots$) corresponding to the number of seats to be distributed. The seats are then assigned to the highest resulting quotients. Dividing the votes in this manner allows for the calculation of how many votes each list represents in relation to the available seats, directly influencing the final seat allocation for each party.

The Spanish Parliamentary System and the Cortes Generales

The Spanish parliamentary system is a democratic form of government where the Executive Power (the Government) emanates from the Legislative Power (the Parliament) and is politically responsible to it. This system is characterized by the collaboration of powers, a duality between the Head of State and the Head of Government, and the mechanism of motions of censure. The constitutional framework for this is found in Title III (Articles $66$ to $96$) of the Spanish Constitution.

According to Article $66.1$, the Cortes Generales are composed of the Congress of Deputies and the Senate, which together represent the Spanish people. Their functions, as outlined in Article $66.2$, include exercising the state's legislative power, approving the General State Budgets, and controlling Government actions. Article $66.3$ explicitly states that "the Cortes are inviolable." This status of inviolability ensures that no other institution or power can suspend, disturb, or ignore the functioning and decisions of the Cortes outside of constitutional procedures, guaranteeing their free development.

The Right to Suffrage and Congressional Configuration

Article $23$ of the Spanish Constitution defines the right to suffrage as the political right of citizens to participate in public affairs, either directly or through representatives, and to access public office under conditions of equality. This confers the power to vote (active suffrage) and to be elected as a representative (passive suffrage). This right is the legal-constitutional basis for all electoral processes. The requirements for exercising this right are the attainment of the age of majority and full Spanish citizenship. These rights apply at three levels: State (Cortes Generales), Regional (Autonomous Legislative Assemblies), and Municipal (Town Councils).

The configuration of the Congress is regulated by Article $68$ of the CE. The size of the chamber must be between a minimum of $300$ and a maximum of $400$ deputies; it is currently set at $350$. Voting is defined by five essential characteristics: it must be universal, free, equal, direct, and secret. The formula for representation is constitutionalized as a proportional system.

Electoral Administration and the Election Process

Electoral Administration refers to the group of bodies responsible for organizing and supervising elections to guarantee transparency, justice, and equity. The primary legal framework for this is the Organic Law of the General Electoral Regime (LOREG) of $1985$. The structure that ensures the correct functioning of the process includes the Zone Electoral Board, the Provincial Electoral Board, and the Central Electoral Board, the latter of which is based in Madrid.

The electoral process begins with the "Convocatoria" (Call to Election), where citizens are summoned to choose their representatives. In Spain, elections are primarily legislative and indirect, meaning citizens choose deputies rather than the President directly. The King issues the call following a consultation with the Council of Ministers, which may involve the dissolution of the chambers if proposed by the President. Following this, parties, federations, or coalitions present their lists. A specific prohibition exists: no group linked to parties declared illegal or associated with terrorism may present candidates.

The electoral campaign lasts for $15$ days and consists of activities to capture votes. Once finished, the voting and scrutiny (counting) occur. Scrutiny is a public and uninterrupted process. The president of the electoral table removes envelopes one by one from the ballot box and reads the name of the candidacy aloud. Finally, the Congress is constituted, and the President of the Government (Executive Power) is elected indirectly by the deputies.

Electoral Districts, Incompatibilities, and Political Parties

An electoral district or constituency (circunscripción) is the geographical division in which voters are grouped. While these divisions can vary, they generally divide a country into smaller regions that choose a certain number of representatives based on the current electoral system. Article $70$ of the CE establishes strict incompatibilities for those seeking to be elected to Parliament. Members of the Constitutional Court (TC), the Ombudsman (Defensor del Pueblo), active Magistrates, Judges, and Prosecutors, active military or police personnel, and members of Electoral Boards cannot be elected. The validity of the credentials of members of both Chambers is subject to judicial control as established by electoral law.

Political parties are ideological associations of citizens and fundamental instruments for political participation. They act as the link between the sovereign citizens and the legislative power. Article $6$ of the CE establishes that they express political pluralism and concur in the formation of the popular will. Their creation and activity are free within the limits of the Constitution and the law, but they are required to have a democratic internal structure and functioning.

Under Organic Law $6/2002$, parties can be declared illegal if they support violence, terrorist groups, or systematically violate fundamental rights. Freedom of ideology under Article $16$ of the CE protects the free association and formation of these parties. Regarding funding (Organic Law $8/2007$), parties receive public funding through state subsidies based on seats and votes, as well as private funding through member fees, donations, and inheritances. Irregular financing—obtaining resources outside these legal limits—is a significant point of debate as it involves the potential misuse of tax money.