Filing of electoral petitions

1. Election petitions shall be lodged with the appropriate Electoral Commission within three days  following the declaration of elected candidates in the form of a written statement of the facts, legal grounds and purpose of the petition.

2. The Administrative Appeals Division (Sala de lo Contencioso-Administrativo) of the Supreme Court shall be the competent court for adjudging petitions arising from a general election and from elections to the European Parliament, and the Administrative Appeals Division of the Higher Court of Justice (Tribunal Superior de Justicia) of each Self-Governing Community shall be the competent court for determining petitions arising from elections to the Self-Governing Community’s Assembly or from local authorities elections. 

3. On the day following presentation, the Chairman of the relevant Electoral Commission shall forward to the appropriate Court’s Division the petition itself, the whole election file and a report from the Electoral Commission on the grounds for the Commission’s decision which is being appealed. The Chairman’s decision shall be notified immediately to the representatives of candidates or candidatures having taken part in the election and shall include a summons to appear before the Court’s Division within the two following days. 

4. The Court’s Division, on the day following the time limit for appearance of the interested parties, shall forward the petition and accompanying documents to the Attorney General’s Office and to all those acting as parties to the proceedings and direct that the whole file and the Electoral Commission’s report be laid at their disposal, so that within a common and not extendable period of four days they can make the allegations they deem relevant to the case. These allegations may be supported by documents which in their opinion may be conducive to supporting or challenging the grounds of the petition. The Attorney-General’s Office and the interested parties may also request the opening of the period for admission of evidence and propose the means of proof they
think appropriate.

5. On the day following expiry of the term for allegations, the Court’s Division may decide ex officio or on a party’s request to open the period for admission of evidence and gathering of evidence it may see fit. This phase shall take place in accordance with the general rules for administrative legal proceedings, but its duration may not exceed five days. 

 2 AND 3 AS AMENDED BY SECT.42 OF INSTITUTIONAL ACT 8/1991, OF MARCH 13
 4 AND 5 RENUMBERED BY SECT. 43 OF INSTITUTIONAL ACT 8/1991, OF MARCH 13. FORMERLY
3 AND 4 RESPECTIVELY.