Revokes the agreement of the Galician board, which limited itself to ordering the video ‘Illa da Estaibilidade’ to be removed for being electoralist before the campaign


The Central Electoral Board has upheld the appeal filed by the PSdeG against the agreement of the Electoral Xunta of Galicia on January 29 in which it was limited to ordering the PPdeG to remove the video ‘Illa da Estaibilidade’ from social networks, considering that it had an “electoralist” nature and that it violated the electoral regulations that prohibit it before the formal start of the campaign.

However, the Central Electoral Board has decided to go one step further and has opened the first sanctioning file to the popular voters. Among other arguments, in addition to the fact that the effects derived from the dissemination of the video “live” on the Internet despite it being removed, he alludes to the reiteration of violations by the popular parties of article 53 of the electoral law.

Specifically, it is recalled that in the second paragraph of this article, the norm determines that “from the call of the elections until the legal start of the campaign, the carrying out of advertising or electoral propaganda is prohibited (…), and cannot “such actions may be justified by the exercise of the ordinary activities of the parties, coalitions or federations”.

Thus, the Central Electoral Board points out that, although the Galician has agreed that the video denounced by the socialists – ‘Illa da Estaibilidade’ – was removed from social networks, this “does not prevent the effects derived from its dissemination from surviving in a medium like the Internet”.

But it is also alluded to that the documentation in the file shows that in previous days the Electoral Xunta of Galicia itself adopted two more agreements in which it estimated that the PP had committed “as many infractions” against the electoral regulations.

“This set of circumstances forms a framework that determines the need to initiate a sanctioning file to determine the possible responsibility that may have been incurred due to this possible new violation of article 53 of which this appeal is the cause,” justifies the Electoral Board. Central.

Previously, in his line of arguments, he recalls that the body has already repeatedly indicated that it is the specific circumstances that justify when to open a file and adds that on different occasions it has been decided to take this step without prior warning “taking into account other circumstances such as the severity or plurality of infringing actions carried out”.

The agreement is final in administrative proceedings, although a contentious-administrative appeal may be filed against it before the Third Chamber of the Supreme Court within a period of two months from its notification.