Null vote

15 June, 2018

Suffrage issued with some kind of anomaly or alteration. As a result from that, although it has been validly deposited in the ballot box, it can’t be computed in the scrutiny of the results. By extension of the definition of legal nullity, voting does not extend effects, since this act does not meet the conditions that the law requires.

Thus, null votes are those cast through ballots or envelopes different from official models, or those votes in which we can find ballots for different applications in the same envelope. On the other hand, they will be also considered null votes those cast scoring some sort of inscription, legend, stigmatizing, or marking names improperly in those cases where it is necessary. Also if these inscriptions are recorded on the envelopes that contain the votes. You will be deemed void, likewise, if the voter introduces any alteration in the order of the candidates in those cases lists closed and locked when that such alteration is not allowed.

However, it can be considered a valid vote that one issued with any signal or blade next to the name of a candidate, although the system of lists does not require this erasure, if they have no significance or enough entity to consider that they alter the configuration of the ballot. Also if it is not manifested any reproach of the candidates or representatives of the political party to which they belong.

In addition, a vote can be considered null if any object is introduced in the envelope, along with the ballot, some other element, as banknotes, coins, prints, etc. If the flaw lies in the deterioration or destruction of the ballot or part of it, so that it is not possible to identify the will of the voter, a null vote shall also be considered. In any case, the determination of the validity or invalidity of the vote will be at the mercy of the provisions of the electoral legislation applicable to each process.

Null votes are not computed for the purposes of election candidates results, although it should be evidence of them reflected in the statements of scrutiny, and even keeping them for subsequent verification by the electoral administration.

This form of vote may have been issued intentionally, as an act of protest or indecision, or it may have been a result of the error or ignorance of the voter.

Sometimes, conflicts related to the determination of the validity or invalidity of the vote have due be resolved by the Electoral Comission, or in his absence, by the competent jurisdiction (Spain: doctrine of the Electoral Comission, as a result of the Sentences of the Constitutional Court 167 to 170/2007)