The observer is the person nominated by the representative of a list to:
- Attend the polling station committee and take part in its discussions, although they are not allowed to vote.
- File complaints and protests and ask for certificates from the polling station committee.
Anyone who is a voter and is registered in the electoral roll can be appointed an observer.
There can be two observers per list appointed for each polling station committee, but they cannot perform their duties at the same time. Instead they have to replace each other which they can do whenever they wish.
The observers perform their role only at the polling station committee for which they are accredited.
The representative of each list has up to 24 September to nominate up to two observers for each polling station committee by issuing a book of credentials sheets, with the date and signature at the bottom of the appointment.
The sheets in the book for each observer are divided into four parts:
- One is a counterfoil which is retained by the representative;
- A second part to be given to the observer as their credentials;
- A third and fourth part which are sent to the area commission so it can send one to the polling station committee the observer will be part of and one to the committee on the electoral roll where they are registered to exclude them from this committee.
Processing by area commissions will take place up until 24 September, and they will send the parts of the sheet to the committees so that they have them when they are constituted on the day of the election.
Between 8 and 8.30 am on the day of the vote, the observers must show their credentials (appointment) and National Identity Card (DNI) to the chair of the polling station committee, who will compare them with their sheets (copies which the committee has).
If the committee chair considers the credentials presented by the observers comply with the sheets the committee has, they will admit the observers.
If the chair has not received the sheets or has doubts about the authenticity of the credentials, the identity of the people or both, they will allow them to take up their positions if they ask to do so but will make a note in the record of constitution of the committee of their reservations for clarification and taking action if need be.
If more than two observers turn up for the same list, the chair will only allow the first two to present their credentials to take up their posts and will number the credentials submitted to them in chronological order.
The sheets received by the chair must be attached to the electoral file. The credentials submitted by the observers will be returned to them once checked by the chair. If the chair does not receive the sheets, the credentials will have to be attached to the electoral file once the count has been completed.
If the observer turns up at the committee after 8.30 am and after the polling station committee has been constituted, the chair will not allow them to take up their position, although they may vote at this committee.
Observers who are salaried employees and civil servants who accredit their role as an observer have the right on the day of the election and on the following day to paid leave of a full working day on the day of the election if it is a working day and a reduction in their working day of five hours on the immediately following day.
The observer attends the polling station committee and takes part in its discussions, although they are not allowed to vote.
They can file complaints and protests and ask for certificates, such as the record of the constitution of the polling station committee.
They can perform their role only at the polling station committee for which they are accredited. The observers for the same list accredited with the committee can replace each other whenever they wish.
The observers vote at the committee for which they are accredited, even if they are not on the electoral roll for this polling station committee, as long as they appear in the constituency corresponding to this committee. Otherwise, when the observer is not registered in the electoral constituency corresponding to the committee where they perform their duties they can vote by post.
An agent is the person appointed by the representative of each list to represent the list at election events and operations.
People over the age of 18 who have full exercise of their civil and political rights can be agents.
The representative of each list grants powers to the agent of this list.
The power of attorney is completed before a notary or before the secretary of the provincial or area electoral commission, which issue the corresponding credentials using the officially established model.
Agents must identify themselves by showing their credentials (appointment) and ID to the members of the polling station committees and to the other relevant authorities.
Agents who are salaried employees and civil servants who accredit their role as an agent have the right to paid leave on the day of the election.
The agents can:
- Freely access all polling stations.
- Examine how the voting and counting is going at any polling station committee.
- File complaints and protests.
- Ask for certificates.
In addition, if there are no observers for their list, they can be observers for the polling station committee and take part in discussions, although they are not allowed to vote.
Agents must identify themselves to the members of the polling station committee by showing their credentials and national identity card.
The agents vote at the polling station committee for which they are registered in the electoral roll.
Yes. The observers and agents can wear badges or stickers with the name and initials of the list they represent but only to identify themselves as observers or agents and not as electoral propaganda.
No. When someone takes up a post as an observer for a committee, they cannot act as an agent at other polling station committees.