On November 20, general elections take place in Spain, and as we did in the last elections, we will specify in which cases pregnant women, mothers and fathers are exempt from being part of a polling station for justified impediments.
Within the list of causes of impediment to be part of the polling stations, it is appropriate to distinguish between personal causes, family causes and professional causes. The Central Electoral Board has established all cases in which citizens can present justified causes to be excluded from the polling station in case they have been designated as components thereof.
Let's focus on the case of pregnant women, mothers and fathers. Some cases are in themselves sufficient to be exempt from going to the polling station, but there are other cases in which, after the relevant accreditation, each Board decides.
In this regard, it should be noted that, for example in the case of risk pregnancies (before six months), the decision will depend on the Electoral Board of the area. If your baby's christening was scheduled for that date, you can try to be exempt, although it is not assured. The same happens if for some reason the other parent cannot take care of the children.
Personal causes
They should be understood as personal causes that in any case justify, by themselves, that the designated member of a polling station be relieved of the performance of the office:
- Gestation after six months of pregnancy and the corresponding period of maternal rest whether or not it is subsidized by Social Security article 45.1.d) Statute of Workers (ET) and article 133.bis and concordant LGSS. These assumptions must be accredited by means of a medical certificate or, in the case of the period of subsidized maternity leave, by copying the written acknowledgment.
These are personal causes that can justify the excuse of the designated member of a polling station, taking into account the circumstances of each case that corresponds to the Zone Electoral Board:
- The risk situation during pregnancy during the first six months of the same, declared in accordance with article 134 LGSS, provided that the risk factors determining the situation also concur by analogy in the development of the functions of member of the polling station. The accreditation of this cause will be carried out by means of a medical certificate detailing the limitations that prevent or hinder such performance.
Family causes for not being part of the polling station
They should be understood as family responsibilities or reasons that in any case justify, by themselves, that the designated member of a polling station be relieved of the performance of the office:
Mother's condition, during period of natural or artificial lactation, until the baby turns nine months. The accreditation may be made by photocopy of the family book or certification of the person in charge of the Civil Registry.
The direct and continuous care, for reasons of legal guardianship, of children under eight years of age or of persons with physical, mental or sensory disabilities. For its accreditation, either a copy of the document recognizing the reduction of working hours provided for this purpose in article 35.7 ET or in the equivalent regulations applicable to public officials, or certification of the units responsible for the services may be provided. of the Autonomous Community or the corresponding local entity.
Direct and continuous family care until the second degree of consanguinity or affinity that for reasons of age, accident or illness, can not fend for itself. To prove this contingency, either a copy of the written document acknowledging the reduction in working hours provided for this purpose in article 35.7 ET or in the equivalent regulations applicable to public officials, or certification of the units responsible for the social services of the Autonomous Community or the corresponding local entity.
These are family causes that can justify, according to the circumstances of each case, the excuse of the designated member of a polling station:
The concurrence on election day of family events of special relevance, that are inaccessible or in which the postponement causes significant economic damage, provided that the interested party is the protagonist or has a relationship with him until the second degree of consanguinity. In these cases, the interested party must not only document the forecast of the event, but also the inaccessible nature of the event or the economic damages in case of suspension.
The condition of mother or father of children under fourteen, when it is proven that the other parent cannot take care of the child during the election day, also lacking the interested party of ascendants or other older children who can do so. These circumstances must be documented.
Professional cases of justified impediment do not include cases that interest us.
As we see, there are some clear causes that are accepted as justified impediment to be part of the polling stations in the case of pregnant women, mothers and fathers, although in other circumstances it will be each Electoral Board that decides whether to "get rid" or not.
