From. N332.
Translated by Torrevieja Translators.
Information regarding UK Nationals voting in local elections next year following Brexit.
In light of this and numerous queries regarding British nationals residing in Spain and their right to vote, N332 thought it would be of interest for us to translate this notice.
Questions relating to Brexit and participation in voting
Will British citizens residing in Spain be able to vote in the Spanish municipal elections and present themselves as candidates for municipal elections in Spain?
The Agreement between Spain and the United Kingdom recognizes the active and passive rights for British citizens residing in Spain to vote. Although Spain already had reciprocity agreements in the field of active voting with different countries (Norway, Ecuador, New Zealand, Colombia, Chile, Peru, Paraguay, Iceland, Bolivia, Cape Verde, Republic of Korea and Trinidad and Tobago), for the first time the passive right to vote is recognized in an International agreement.
The exercise of these rights will be possible, providing that the following conditions are met (article 3.2 of the agreement):
- They must hold the corresponding residence permit in Spain.
- They must have resided in Spain for at least three years, legally and continuously, prior to their application to register on the electoral roll.
- They must exercise the right to vote in the municipality of their habitual residence, in whose municipal Padrón they must be registered.
- The registration in the electoral roll for foreigners residing in Spain, an essential requirement to be able to exercise the right to vote, will be performed at the request of the British national, without prejudice to the provisions of article 7 of this agreement. This instance will be presented at the town hall in whose municipal Padrón they are registered. The deadline for submission will be set for each election.
- To stand for municipal elections, nationals of the United Kingdom must meet the requirements established in organic law 5/1985, of the 19th of June, of the general electoral regime.
- Nationals of the United Kingdom will be excluded from the right to passive voting for the same reasons as stipulated by law in relation to Spanish nationals.
In addition, the third section clarifies:
Any modification of the conditions required of nationals of the United Kingdom to exercise the right to active and passive voting in municipal elections of Spain, will be communicated in writing by the Spain to the United Kingdom, through the diplomatic channels.
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Source: Ayuntamiento de Orihuela Costa (See attached image)
