Electoral Law — Electoral Offences
Organic Law 5/1985 of 19 June, on the General Electoral System. Current consolidated text of Chapter VIII: electoral offences and their procedure (arts. 135 to 152).
18 articles · Three sections
The General Electoral System Organic Law (LOREG), of 19 June 1985, governs the entire Spanish electoral process. Within it, Chapter VIII of its Title One —"Electoral offences and infringements"— defines the electoral offences proper (Section II, arts. 139 to 150), preceded by common general provisions (Section I, arts. 135 to 138) and followed by the rules of their judicial procedure (Section III, arts. 151 and 152). This page does not cover the rest of the LOREG —electoral administrative law— nor Section IV of the same chapter, which regulates administrative infringements rather than criminal offences.
These offences range from breaches by officials in charge of the census, polling stations and electoral boards (art. 139), to vote-buying and voter coercion (art. 146), postal-vote fraud (art. 141), multiple voting (art. 142) or the falsification of the electoral accounts of parties and candidacies (arts. 149 and 150). Art. 138 refers to the ordinary Criminal Code as a subsidiary rule for anything not covered, and art. 137 adds to all of them the penalty of special disqualification from standing for election.
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Index by section: key articles
Section I — General provisions
Arts. 135–138
Section II — Electoral offences
Arts. 139–150
- Art. 139Officials’ breaches regarding the census, boards and polling stations
- Art. 140Electoral falsification by officials
- Art. 141Postal-vote fraud
- Art. 142Multiple voting or voting without capacity to do so
- Art. 144Campaigning outside the legal period and campaign breaches
- Art. 145Breach of electoral polling regulations
- Art. 146Vote-buying, coercion and intimidation of voters
- Art. 147Serious disruption of an electoral event
- Art. 148Slander and libel during the campaign, maximum-degree penalty
- Art. 149Falsification of electoral accounts
- Art. 150Misappropriation of electoral funds
Section III — Judicial procedure
Arts. 151–152
Frequently asked questions about electoral offences
What are electoral offences under Spanish law?
They are the conducts defined in arts. 139 to 150 of Chapter VIII, Title One of the LOREG (the Spanish Electoral Law): officials’ breaches in compiling the census or running polling stations and boards (art. 139), electoral falsification (art. 140), postal-vote fraud (art. 141), multiple voting or voting without capacity to do so (art. 142), vote-buying and voter coercion (art. 146), serious disruption of an electoral event (art. 147), and falsifying or misappropriating electoral campaign funds (arts. 149 and 150), among others.
How do these offences relate to the ordinary Criminal Code?
Art. 138 LOREG provides that the ordinary Criminal Code applies on a subsidiary basis to anything not expressly regulated in this chapter, and that Book I, Title I of the Criminal Code (on criminal offences) always applies. Art. 136 also sets a concurrence rule: if the same conduct could be classified under both the LOREG and the Criminal Code, whichever provision carries the heavier penalty applies.
What additional penalty applies to all of these offences?
Under art. 137, every offence in this chapter carries, in addition to the penalty specifically set out in each article, special disqualification from standing for election. The Constitutional Court (Judgment 126/2021 of 3 June) confirmed this article is not unconstitutional, when interpreted in line with its legal ground 7.b).
How are electoral offence proceedings conducted?
Under art. 151, proceedings follow the Criminal Procedure Law (LECrim), on a preferential basis and with the utmost urgency. The criminal action is public: anyone may bring it, with no need to post a bond. Art. 152 adds that final judgments are published in the provincial Official Gazette and reported to the Central Electoral Board.
Related content
Source: Official State Gazette (BOE). Current consolidated text of Chapter VIII, Title One, of Organic Law 5/1985 of 19 June, on the General Electoral System. Informational content: applying the law to a specific case requires a lawyer’s analysis. View on the BOEBOE-A-1985-11672
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