How can foreigners or immigrants living in Spain vote?

Welcome to the Meridional blog. Today we are going to touch on a topical issue: How can foreigners or immigrants living in Spain vote?

In the light of current events in Spain and the many queries you have sent us, we are going to try to explain how it is possible to vote and even to become a candidate. Let's begin.

The right of foreign nationals to vote in Spain

Firstly, it should be borne in mind that there are four types of electoral processes in Spain. These are general, regional, municipal and European elections.

On the one hand, in general elections, members of the Congress of Deputies and the Senate are elected, and in regional elections, members of regional parliaments are elected. Finally, in municipal elections, members of local corporations (town councils) are elected, and in regional elections, members of the European Parliament are elected.

It should also be borne in mind that foreign citizens in Spain are classified as EU citizens, i.e. those who come from EU member states, and non-EU citizens, i.e. those who come from third countries that are not members of the European Union.

Finally, it is necessary to be clear about two basic concepts: active suffrage and passive suffrage. The first is the right of all citizens to vote and freely elect their representatives. The second is the right of every citizen to stand as a candidate and be elected as a representative in electoral processes.

How is suffrage (active and passive) regulated in current Spanish legislation in relation to foreign citizens?

Firstly, the Spanish Constitution establishes that: only Spaniards have the right to participate in public affairs, directly or through representatives, freely chosen in periodic elections by universal suffrage, unless, in accordance with reciprocity criteria, the right of active suffrage of foreigners in MUNICIPAL ELECTIONS may be established by treaty or law.

In the same sense, national legislation on foreigners establishes that: foreigners resident in Spain may have the right to vote in MUNICIPAL ELECTIONS, under the terms established in the Constitution, in international treaties, where applicable, and in the Law.

However, it is the electoral legislation, specifically the Organic Law 5/1985 of 19 June 1985 on the General Electoral System, which regulates the active and passive suffrage of foreign citizens. community and non-community in the MUNICIPAL ELECTIONS.

In particular, TITLE III on special provisions for municipal elections establishes in its CHAPTER ONE, Article 169, the right to vote.

Right to vote for foreigners or immigrants residing in Spain.

Without prejudice to the provisions of Chapter I of Title I of this Law, foreigners resident in Spain whose respective countries allow Spaniards to vote in such elections, by virtue of a treaty, shall enjoy the right to vote in municipal elections.

Likewise, all persons residing in Spain who, without having acquired Spanish nationality, have the right to vote in municipal elections, enjoy the right to vote in municipal elections:

(a) have the status of citizens of the European Union within the meaning of Article 8(1)(2) of the Treaty establishing the European Community.

b) Meet the requirements to be a voter as stipulated in this Law for Spaniards and have expressed their willingness to exercise the right to vote in Spain.

The Government shall communicate to the Electoral Census Office the list of foreign States whose nationals, resident in Spain, must be registered in the census.

The right to stand for election is included in CHAPTER TWO, Article 177.

Right to passive suffrage.

Without prejudice to the provisions of Chapter II of Title I of this Act, all persons resident in Spain who, without having acquired Spanish nationality, are eligible to stand as candidates in municipal elections:

a) Have the status of citizens of the European Union in the terms set out in Article 8.1.2 of the Treaty establishing the European Community, or are nationals of countries that grant Spanish citizens the right to vote in their municipal elections by virtue of a treaty.

b) Meet the requirements to be eligible for election as required by this Law for Spaniards.

(c) have not been deprived of the right to stand as a candidate in their State of origin.

Ineligible to hold the office of Mayor or Councillor are those who incur in any of the cases provided for in Article 6 of this Law and, furthermore, direct or subsidiary debtors of the corresponding Local Corporation against whom a writ of execution has been issued by judicial resolution.

Consequently, we can conclude that, in Spain, foreign citizens, whether EU or non-EU citizens who are legally resident in the country, have the right to vote and stand for election, exclusively in MUNICIPAL ELECTORAL PROCESSES, with the particularity that, in the case of non-EU citizens, there must be a treaty that allows Spanish citizens to exercise their right to vote under the same conditions in that country.

Municipal elections

In the municipal elections, foreigners from countries with which there is a reciprocity agreement and European citizens who have applied to participate at the time, as well as immigrants who have acquired Spanish nationality, may vote.

In other words, emigrants from countries with a reciprocity agreement, European citizens and naturalised citizens can vote.

In these municipal elections, Spanish citizens over the age of 18 can vote, but also foreigners residing in Spain if they are citizens of the European Union or if there is a reciprocity agreement with their countries.

According to the National Statistics Institute in a press release, people from Bolivia, Cape Verde, Chile, Colombia, Korea, Ecuador, Iceland, New Zealand, Paraguay, Peru and Trinidad and Tobago who have authorisation to reside in Spain, i.e. who are in a regular situation, will be able to vote in the municipal elections.

In addition, they must have resided in Spain "legally and uninterruptedly for at least five years prior to their application for registration on the electoral roll". People from Norway and the United Kingdom who have been regularly residing in Spain for three years will also be able to vote.

All immigrants who have acquired Spanish nationality will also have the right to vote.

Regional elections

Only Spanish nationals can vote in the regional elections.

In these regional elections, however, only immigrants who have acquired Spanish nationality will have the right to vote, as specified in the Spanish Constitution. Article 13 of the Constitution states that "only Spaniards" have the right to vote.

Furthermore, as indicated in Article 39 of Organic Law 5/1985 on the General Electoral Regime or electoral law, persons eligible to vote in regional elections, including naturalised immigrants, must be registered on the electoral roll from the first day of the second month prior to the elections, i.e., in the case of the elections held on 28 May, they had until 1 February 2023 to do so.

General Elections

Only immigrants who have obtained Spanish nationality will be able to vote in the general elections.

General elections have just been called for 23 July, almost half a year before the end of the legislature.

And will immigrants be able to vote? Only if they have obtained Spanish nationality. Moreover, as the electoral law indicates, these people must be registered on the electoral roll before the first day of the second month prior to the general elections, i.e. from 1 May.

Foreigners in an irregular situation cannot vote in elections under any circumstances.

Foreigners in an irregular situation do not have a legal residence permit in Spain, a requirement that must be presented when applying to vote in the census if there is prior agreement. Therefore, they cannot vote in any of the elections: general, regional or municipal.

Foreigners or immigrants resident in Spain can vote.

n an increasingly globalised world, the right to vote has become a fundamental issue in many democracies, and Spain is no exception. Under certain conditions, the possibility for foreigners or immigrants residing in Spain to vote is a fact of life. The title of this article, "How can foreigners or immigrants residing in Spain vote", sheds light on this evolving reality.

The aim of this article is to explore and understand the legal framework that allows foreigners and immigrants residing in Spain to participate in the country's political life.

We will address key issues such as international treaties, reciprocity and local regulations that dictate the circumstances under which a non-national resident can exercise his or her right to vote. In an increasingly multicultural context, it is crucial to ensure the political inclusion of all residents, regardless of their origin.