The requirement that the suffrage is exercised “consciously, freely and voluntarily” of the new article 3.2 of the Organic Law of the General Electoral Regime. Interpretative doubts and application guidelines

Abstract

Organic Law 2/2018, of December 5, on the reform of the Organic Law of the General Electoral Regime, to guarantee the right of suffrage for all persons with disabilities, has introduced in our Law the requirement that suffrage be exercised «consciously, freely and voluntarily». This has generated a serious problem of legal insecurity, since its scope and the requirements that it entails for the various subjects that may be involved in its application are not at all clear. The present article is dedicated to the study of this relevant problem, in which it pays special attention to the interpretation made by the Central Electoral Board and some guidelines for its application are established.