The Organic Act 2/2018, of December 5th, for the Reform of the General Electoral Regimen: A revision of the electoral capacity concept

Abstract

Spanish law has always allowed voting people with intellectual or psychosocial disabilities, unless the judge decided to restrict this right in an incapacitation procedure, according to the art. 3.1b) of the Organic Act 5/1985 of the General Electoral Regimen. In December 2018, this law has been reformed through the Organic Act 2/2018. This reform eliminates all legal restrictions to the right of vote of people who have been declared legally incapacitated, in order to adjust the electoral Spanish law to the requirements of the Convention on the rights of persons with disabilities of 2006. This paper aims to analyse this reform and its consequences for the concept of electoral capacity.