The Central Electoral Board takes action
The Central Electoral Board (JEC) has decided to bring to the Prosecutor’s Office the Minister of Social Security, Elma Saiz, the socialist spokesperson in the Madrid City Council, the former minister Reyes Maroto; and to the PSOE of Madrid for campaigning for the socialist candidate for the Generalitat, Salvador Illa, on the day of reflection for the Catalan elections. The JEC understands that this may be a crime and communicates it to the Public Ministry in case it considers it pertinent to open proceedings.
Violation of the Organic Law of the General Electoral Regime
Article 53 of the Organic Law of the General Electoral Regime (LOREG) prohibits “disseminating electoral propaganda or carrying out any act of electoral campaign once it has legally ended.” The Electoral Board has established that neither on the day of reflection nor on voting day can “actions be carried out that could be considered electoral propaganda in any form.” Failure to comply with this regulation is expressly contemplated in article 144 of the LOREG, which establishes that those who carry out propaganda acts once the electoral campaign period has ended may be punished with a prison sentence of three months to one year or that of a fine of six to twenty-four months.
Complaints and messages on social networks
Minister Saiz was denounced by the PP because, in her personal account on the social network As for Rayes Maroto, it was also the PP that denounced her for broadcasting in Regarding the PSOE of Madrid, it is a message denounced by Vox and with the same content and image as that used by Reyes Maroto and also disseminated during the day of reflection.
Possible violation of the law
The JEC considers that sharing these messages on social networks during the day of reflection may constitute an act of electoral propaganda, contravening the LOREG. Therefore, it has decided to deduce testimony from the actions carried out and transfer it to the Public Prosecutor’s Office in case they could constitute the electoral crime typified in article 144.1 LOREG.
These agreements are final administratively and against them the only option is to file a contentious-administrative appeal before the Third Chamber of the Supreme Court within a period of two months from their notification.
