PASSIVE SUFFRAGE: WHAT IT CONSISTS OF, DIFFERENCES WITH ACTIVE SUFFRAGE - CULTURE VOCABULARY - 2025

The passive suffrage can be defined as the right of certain people to apply their candidates in the electoral system in order to be elected to hold public office. They are elections that are held within the government entity, where the people do not participate.

The objective is to select the individuals who are best qualified to carry out state work fairly and represent citizens both regionally and internationally; But before being elected, the applicant must meet a set of requirements and qualities.

Passive suffrage are elections that are held within the governmental body. Source: pixabay.com

In other words, although the majority of the inhabitants meet the necessary conditions to present themselves as candidates, the state agencies are the ones that ultimately determine - through the laws - whether the applicants are eligible or ineligible.

In this way, it is observed that passive suffrage is not linked to the right to vote in municipal or national elections, but refers to the legitimate intervention of the candidates beyond a deliberative process.

It is worth noting that this democratic manifestation arose with the purpose of expanding administrative and institutional equity among the population. However, the rights conferred by equality are the same as those that restrict the participation of candidates in the electoral exercise.

This is because by proclaiming statutes on the nationality, age and kinship of men with other members of the government, requests to assume a government contract decrease, which fragments impartiality and limits the fundamental rights of citizens.

What is passive suffrage?

Passive suffrage is known as the constitutional right that qualified inhabitants have to occupy a position in the public areas of the nation, either directly or through a representative. The essential thing is that the equipment is approved and certified by the regulations of the country.

Thus, it can be affirmed that this demonstration is not independent, but is constituted by an electoral association. For this liberal right to become valid, it is essential that the applicant join or create a state group that encourages him to appear and express his candidacy.

Following the above, it is possible to state that, thanks to passive suffrage, groups are formed that have the purpose of instructing the candidates who wish to be councilors, ministers, deputies and presidents, as well as promoting new ideological projects.

It is also convenient to point out that electoral groups should not be confused or related to political parties, since the latter tend to be constant and aimed at the people, while the former are temporary and focus on the candidates that make them up.

Stipulations

Passive suffrage consists of the individual recognition that the applicant receives upon being presented as a person qualified to perform a state office. Although the ownership of the right is particular, for the applicant to be selected, collective work is necessary.

For this reason, electoral associations focus on developing the powers and proposals of their candidates. They are also responsible for compliance with formal provisions, such as:

- Search for a promoter, who will promote the candidacy and draft the appointment of the applicant before the corresponding Board of Electors.

- In order to certify the incorporation, the group and the participant must be endorsed and accredited by the electoral roll.

- Given its provisional nature, the request to include the individual in the governmental system will only be made when the council calls the voting process.

Passive suffrage in Spain

Suffrage is one of the most important rights of political and citizen participation, since it raises the sovereignty and democratic system of nations. This is stated in code 23 of the current Constitution of Spain.

In this jurisdictional text it is stated that passive suffrage is a liberal expression, since it admits that people who are not linked to the nobility apply to perform ministerial and governmental tasks.

However, it is pertinent to understand the regulations set forth in articles 6, 7, 120, 154 and 177 of the Organic Law of the General Electoral Regime (LOREG) before submitting any application. The requirements to qualify and attend as an applicant are:

nationality

It is not necessary to have Spanish nationality to register the local candidacy. Foreigners must submit a formal statement showing their citizenship of origin, the time they have been residing in Spain and a letter that guarantees their legal file.

Causes of disability and ineligibility

The reasons that disqualify the candidates are civic, clinical and criminal. Individuals are not eligible for state trades if they have any chronic mental or physical conditions.

Those men who have been deprived of liberty are disabled; have crimes of rebellion or terrorism and sentences for having altered the right to vote.

Neither do members of the royal family and people who have already held public office participate.

Differences with active suffrage

Since its creation, suffrage has been made up of two edges, which include different conditions for its exercise. This right in its active manifestation details the characteristics to be a voter, while the passive one refers to the aptitudes that the person must have to be eligible.

That is, the requirements stipulated by active suffrage do not directly affect the subject. This is because, despite having a disability or judicial sanction, individuals can register in the electoral system and exercise their right to vote.

Passive law proclaims the capabilities that a candidate for candidacy must possess. Source: pixabay.com

On the other hand, passive law configures and proclaims the capacities that a candidate for the candidacy must possess to be elected by the institutions and associations of the state. The absence of these qualities causes the disqualification of the applicant.

In this way, it is perceived that passive law encompasses the governmental field, since it is in charge of selecting the candidates who will later be presented to the citizens; the asset refers to the legitimate intervention of the people.

In addition, active elections admit participation from the age of 18; in passive cases, the age of presentation varies between 21 and 50 years.

References

1. Alberdi, R. (2012). The rights to political participation of persons. Retrieved on October 19, 2019 from Harvard Law School: hls.harvard.edu
2. Álvarez, E. (2017). Parliamentary mandate and fundamental rights. Retrieved on October 19, 2019 from the Journal of Legal and Social Sciences: magazines.ucm.es
3. Camano, F. (2009). The limits of democracy. Retrieved on October 20, 2019 from the Faculty of Legal and Political Sciences: saber.ucv.ve
4. Cruz Villalión, P. (2006). The suffrage in the Constitution of Spain. Retrieved on October 20, 2019 from the Spanish Journal of Constitutional Law: cepc.gob.es
5. Delgado, M. (2014). The electoral groups of passive suffrage. Retrieved on October 19, 2019 from Legal Review: ucaldas.edu.co
6. Jones, L. (2010). Right of passive suffrage. Retrieved on October 19, 2019 from Columbia Law School: law.columbia.edu
7. Payne, B. (2015). About active and passive suffrage. Retrieved October 19 from the Academy on Human Rights and Humanitarian Law: wcl.american.edu