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What it is

Bill would again criminalize calling and taking part in illegal votes

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 3 December 2019. Introduced by: Álvarez de Toledo Peralta-Ramos, Cayetana y 87 Diputados.

Official title: Private member's bill amending the Penal Code to reinforce the Rule of Law and State institutions.

Follow this law

Source: Congreso de los Diputados, file 123/000001· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would restore the crime for a public authority or official who calls general, regional or local elections or referendums without having the powers to do so. The penalty would be three to five years in prison and absolute disqualification from public office.
  2. It would also punish an authority or official who facilitates, promotes or secures such an illegal process once it has been declared illegal. The penalty would be one to three years in prison and absolute disqualification.
  3. People who act as poll workers or help carry out those illegal votes could face six months to one year in prison or a fine of twelve to twenty-four months.
  4. The sponsors argue these acts were once crimes and were decriminalized almost fifteen years ago, and that other legal controls have not been enough to deter them.

Who it affects

  • Public authorities and officials who call or authorize elections or referendums without the powers to do so: Would face three to five years in prison and absolute disqualification from public office.
  • Authorities and officials who facilitate or promote such illegal processes: Would face one to three years in prison and absolute disqualification.
  • People who act as poll workers or help run those illegal votes: Would face six months to one year in prison or a fine.

Words worth knowing

Proposición de Ley Orgánica
A bill introduced by members of the Congress of Deputies (Congreso de los Diputados) to change an organic law. It is not an approved law yet; it must still pass through Parliament.
Inhabilitación absoluta
A penalty that bars a person from holding any public job or office for the length of the sentence.
Consultas populares por vía de referéndum
Public votes in which citizens are asked to decide on an issue, called by the institutions with the power to do so.
Interventores
People who help run an election, for example by overseeing the ballot boxes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced3 December 2019Someone registers the text in the Congreso.
  2. Admitted13 December 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedThe deputies vote, usually in the plenary; some laws are passed by a committee without going to it.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedThe King gives royal assent and it is published in the Official State Gazette (BOE). It comes into force on the date it sets, or after 20 days if it sets none.
See the 6 official steps on a timeline
Dec 2019Dec 2020Dec 2021Dec 202211. 3 December 2019: Presentación22. 13 December 2019: Boletín Oficial de las Cortes Generales Publicación desde 13/12/2019 hasta 20/12/201933. 13 December 2019: Calificación44. 20 December 2019: Gobierno Contestación desde 20/12/2019 hasta 29/02/202055. 29 February 2020: Pleno Toma en consideración desde 29/02/2020 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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