In Francoist Spain mandates in municipal councils were divided into three pools: in Tercio Familiar only so-called heads of family were entitled to vote, in Tercio Sindical the councillors were chosen in a phased system based on trade unions, and in Tercio de Entidades seats were filled also in a two-step way related to other organizations. Local elections were organized every three years, in each cycle voting for half of the mandates available in every ayuntamiento; from 1948 to 1973 the balloting took place nine times. The system was designed to ensure bureaucratic control of the electoral process and as such it proved largely successful. Electoral campaign was non-confrontational and presented as administrative, not political exercise. Until the 1970s around 45% of adults were entitled to vote, later the figure grew significantly. The turnout is estimated to range from 80% during early Francoism to below 50% in its final stages.

Legal basis

The first general document regulating the regime of local elections was Ley de Bases de Régimen Local of 1945, in large part based on Estatuto Municipal prepared in 1924 by José Calvo Sotelo; it was detailed in a decree in 1950. Another decree of 1952 specified organization and modus operandi of local councils. In 1953 the 1945 Ley de Bases was replaced by a new one, in turn detailed in a decree of 1955. This set of documents remained in force until 1970, when it was appended by a new regulation. A third version of Ley de Bases de Régimen Local was adopted on November 19, 1975, few days before the death of Franco.Domingo García Ramos, Las elecciones municipales del franquismo, [in:] Pilar Sánchez Castro et al. (eds.), El franquismo: el régimen y la oposición, Guadalajara 2000, , pp. 258-260

Frequency

Until 1948 municipalities were governed by Comisiones Gestoras, municipal bodies entirely appointed by the government and provincial civil governors.García Ramos 2000, p. 258, Miguel Angel Ruiz de Azúa Antón, Las elecciones franquistas, [in:] Historia 16 (1977), pp. 90-93 Since 1948 municipal elections were organized nine times, in 1948, 1951, 1954, 1957, 1960, 1963, 1966, 1970 and 1973.García Ramos 2000, p. 269 The unusually long 4-year term of 1966-1970 resulted from protracted works on new election regime, completed in 1970. Every time the elections were organized in late November and in a 2-week sequence: on the first Sunday of the cycle the vote fell on Tercio Familiar, on the second Sunday on Tercio Sindical and on the third Sunday on Tercio de Entidades; starting in 1970 elections were organized on a Tuesday, reportedly to increase the turnout.García Ramos 2000, p. 267

General principles

Francoism adopted an organicist principle; it envisioned society not as a sum of individuals, but as a construction built of a number of traditional social entities. Accordingly, representation should be performed not on the basis of universal suffrage, but rather be exercised by means of so-called intermediary bodies.Santiago Varela, La perspectiva histórica, [in:] Juan de Esteban (ed.), El proceso electoral, Barcelona, 1977, p. 305, Jorge Esteban, Desarrollo político y constitución española, Barcelona 1973, p. 67 In case of municipalities this principle was embodied in the scheme encompassing three equal pools of mandates, each pool to represent a specific organic body of the society: families, syndicates and other organisations. Electoral curias choosing their representatives were named accordingly as Tercio Familiar, Tercio Sindical and Tercio de Entidades (also named Tercio Corporativo).

Municipal electoral regime

The term of a councillor was six years, yet the elections were organised every three years and covered only half of the mandates in every council. This stipulation was inherited from the Restoration era, but was welcome as it prevented drastic changes and ensured a sense of continuity.García Ramos 2000, p. 259 Each voter was permitted to choose as many candidates as many mandates were available. A voter had to cast his/her ballot in person and only in his/her constituency; voting by post was not allowed.García Ramos 2000, p. 262 The mayor (alcalde) was appointed by the minister of interior in case of provincial capitals and by civil governor in case of other municipalities.García Ramos 2000, p. 259 The alcalde did not have to be a councillor; the only requirements were that he is Spanish and above 25 years of age. This model changed in the legislation adopted few days before the death of Franco, which stipulated that alcaldes were to be elected by the councillors.García Ramos 2000, pp. 259-260

Number of mandates available

In line with general division into three equal tercios, number of mandates available for every council was the multiplication of three. The number of mandates available for council depended upon the number of inhabitants in the municipality and ranged from three (municipality below 501 inhabitants) to six (501 to 2,000 inhabitants), nine (2,001 to 10,000 inhabitants), 12 (10,001 to 20,000 inhabitants), 15 (20,001 to 50,000 inhabitants), 18 (50,001 to 100,000 inhabitants), 21 (100,001 to 500,000 inhabitants) and 24 (above 500,000 inhabitants).García Ramos 2000, p. 259 Compared to older Republican and Restoration regulations the scheme reduced significantly the number of mandates; e.g. during the Second Republic the city of Palencia, then ca. 25,000 inhabitants, was entitled to a 24-member council, while in the 1940s and 1950s, when its population ranged from 35,000 to 48,000 inhabitants, it was entitled to a 15-member council.Garcia Ramos 2000, p. 259

Electoral rights

curia active suffrage passive suffrage Tercio Familiartable prepared on basis of García Ramos 2000, pp. 260-262 residents AND above 21 years of age OR younger but legally emancipated AND married males (since 1970 also married females) OR widows/widowers OR non-married women/men living on their own

residents (males and females) AND above 23 years of age AND have been a councillor in the very council for at least a year OR are proposed by at least two Cortes deputies/ex-deputies from Tercio Corporativo of the province in question OR are proposed by at least three provincial diputación deputies/ex-deputies OR are proposed by at least four active councillors of the very council OR are proposed by at least 1/20 of all heads of family eligible to vote in the municipality Tercio Sindicaltable prepared on basis of García Ramos 2000, p. 263 residents (males and females) AND above 23 years of age AND members of Organización Sindical AND elected as delegates (compromisarios) by all members of Social and Economic sections of syndicates registered in the municipality. Total number of delegates is to be tenfold the number of councillors to be elected. The number of delegates elected by workers and the number of delegates elected by employees should be equalanother condition listed by a contemporary scholar is that they can read and write, García Ramos 2000, p. 263. The same condition is not listed in case of other terios residents (males and females) AND above 23 years of age AND members of Organización Sindical AND have held or hold any elected post within a sindical organization OR are proposed by at least two Cortes deputies/ex-deputies from Tercio Sindical of the province OR are proposed by at least 1/20 of all members of sindical organizations in the municipality OR in case the number of candidates from this tercio is less than double the number of mandates, individuals proposed by Junta Local de Elecciones Sindicales Tercio de Entidadestable prepared on basis of García Ramos 2000, pp. 263-264 councillors elected from Tercio Familiar and Tercio Sindical residents (males and females) AND above 23 years of age AND members of any economic, cultural or professional organization registered in the municipalityit is not clear whether they were to be proposed by the organisation they belonged to or self-proposed OR in case the number of candidates from this tercio is lower than three times the number of mandates available, individuals of prestige proposed by civil governor

Electorate

The population entitled to vote in Tercio Familiar ranged from 7m in the 1940s to 18m in the 1970s,demographical extrapolations based on information that in 1951 there were 17,6m people eligible to vote, Garcia Ramos 2000, p. 261, Ruiz de Azúa Antón 1977, p. 87 the increase resulting not only from demographic growth but also from extending the voting rights to married females. Until 1970, the electorate of Tercio Familiar represented some 45% of the entire adult population,in 1951 there were 7,5m (1.77 of these were women) entitled to vote in Tercio Familiar compared to 17,6m entitled to vote in referendum, Garcia Ramos 2000, p. 261. Calculations referring to sexes are based on assumption that the 17,6m number was equally divided among males and females estimated on basis of the number of Spaniards entitled to vote in the Francoist referendums; since 1970 the number grew to some 75%.once in 1970 married women gained the right to vote, the only adults (both males and females) not entitled to cast their ballots were those living in common households with their parents Until the 1970s some 65% of adult males were entitled to vote, in case of females this number was 20%; since 1970 the percentage probably equalled this appropriate for males. In Tercio Sindical the number of those eligible to elect compromisarios is difficult to estimate, yet given the size of syndicalist bureaucracy it probably went into hundreds of thousands. The number of compromisarios, i.e. those who were actually electing the councillors, is estimated for the whole Spain as hovering around 50,000; in 1948 in Madrid their number was 2,187.Garcia Ramos 2000, p. gr 263 In Tercio de Entidades the number of voters equalled the number of mandates available in two other tercios and remained in the range of few thousand. Some individuals, mostly married working males, were entitled to participate in election process in all three tercios: in Tercio Familiar personally, in Tercio Sindical by electing compromisarios, and in Tercio de Entidades by electing councillors in two other tercios who acted as compromisarios.

Turnout

Technically taking part in elections was obligatory, though sanctions for absenteeism were low and their application rather exceptional.García Ramos 2000, p. 261 This schizophrenic position of the authorities is summarised by a present day-scholar, who notes that the entire system was constructed to discourage mobilisation, but prior to the very day propaganda did everything to ensure largest possible turnout."la necesidad de mover el «cuerpo electoral» el día de la votación, mientras que anteriormente debían hacer todo lo posible para que las elecciones suscitasen el menor grado posible de movilización política", Juan Francisco Pérez Ortiz, José Antonio Miranda Encarnación, Actitudes falangistas ante las elecciones municipales (1948-1957), [in:] Anales de la Universidad de Alicante 8-9 (1991/2), p. 144 Actual turnout is subject to estimates, as official data is widely believed to be manipulated. Scholarly works suggest a decreasing trend, with 80% in the early 1950s, 55–65% in the 1960s and below 50% in the 1970s.Miguel Martínez Cuadrado, Representación, Elecciones, Referéndum, [in:] Manuel Fraga (ed.), La España de los años 70 vol. 3/1, Madrid 1974, p. 1414, Miguel Angel Ruiz de Azúa Antón, Las elecciones franquistas, [in:] Historia 16 (1977), p. 89 Apart from fundamental political issues - like refusal to participate in the Francoist political system - other factors quoted as responsible for decreasing turnout were complex electoral system, perceived limited role of elected ayuntamientos and suspicions of electoral fraud.García Ramos 2000, p. 267

Manipulation and fraud