In Spain, there are 2,754,982 people of Spanish nationality between the ages of 65 and 69, according to the latest data from the National Institute of Statistics (INE), who can participate in polling stations as long as they know how to read and write. Those who do not want to participate in the table can resign without justifying any other reason, as long as they do so within the following seven calendar days of notification.
This is stated in article 26 of the Organic Law of the General Electoral Regime (LOREG), which requires that the members of the table be “under seventy years of age, although from the age of sixty-five they may express their resignation within a period of seven days.” Until the reform of Organic Law 2/2011, the limit was 65 years old, so that no one 65 years old or older could be elected.
Resignation from participating in the table depends on age, so a worker who is 65 or 67 years old can resign just as a person of the same age who is retired can resign. On the other hand, people aged 70 or older will not be entered into the draw.
Seven days to resign and where to submit this resignation
The draw to be a member of the board in these general elections is held between October 31 and November 4 (as established in article 26), and the designation must be notified within the following three days (article 27). From the moment of notification there is a period of seven days to resign from the table. Keep in mind that these days are natural days (article 119 of the LOREG), that is, they include Saturdays, Sundays and holidays. If the notification arrives later than November 7, it is still valid, since the period counts from the day after it is received (if it arrives on the 7th, the period would end on November 14).
The resignation must be presented to the Zonal Electoral Board and must be done by filling out the official form or through the online procedure to excuse yourself from the polling station. Instruction 6/2011 of the Central Electoral Board already includes that people between 65 and 69 years old can resign without having to justify it. Pensioners who have a recognized absolute permanent disability or those who have a recognized disability may also do so, presenting the document proving it.
If the seven-day period passes, they can no longer excuse themselves and must present themselves, unless an impediment arises that is communicated to the Zone Board at least 72 hours before the table is constituted or, if it appears later, immediately and before that time. Keep in mind that anyone who is absent without justified cause may be exposed to three months to one year in prison or a fine of six to twenty-four months, according to article 143 of the LOREG.
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Those who retired before the age of 65 and have not yet reached the age of 65 are excluded from this waiver. Even if they collect the pension, the law does not allow them to resign due to age, so if a retiree retired early and is 63 years old when they are drawn, they must go to the table, unless they prove a justified cause, such as a recognized disability or an illness that prevents them from being there, which the Zone Board must assess with a medical certificate.