The Marbella Zone Electoral Board has dismissed the complaint filed by the Partido Popular against Manilva Town Hall regarding the organisation of a bus to attend the education protest planned for 22 April, following the submissions made by the Town Hall itself.
The decision, signed by its president, D. Ángel-J. Sánchez Martínez, concludes that no breach of electoral regulations has occurred, after analysing both the complaint and the submissions made by the Town Hall.
The right to demonstrate, recognised in the Constitution
In its ruling, the Electoral Board recalls that the right of assembly, which is constitutionally recognised, cannot be confused with electoral campaign events, drawing a clear distinction between social protests and actions aimed at winning votes.
In this regard, it stresses that public activities with electoral content must be limited during the election period, but that this does not prevent the exercise of fundamental rights or activities not aimed at winning votes.
No evidence of use of public resources or municipal funding
After examining the documentation provided, the electoral body concludes that:
- It has not been proven that the publicity for the event came from official Town Hall channels
- There is no evidence of public funding for the bus
- There is no record of any municipal agreement, file or formal action linked to these events
It also considers it particularly relevant that the use of public resources to facilitate attendance at the protest has not been demonstrated either.
An initiative led by the AMPAS and with no electoral nature
Although the Board acknowledges that the Town Hall may have joined the initiative, something it considers «undoubted» given the documentation provided, it determines that this does not constitute a breach of electoral law.
The ruling highlights that:
- There is no request for votes
- There are no references to government achievements or projects
- No messages typical of electoral campaigns are used
Therefore, the action falls within the ordinary activity of administrations, associations and groups in the legitimate exercise of their rights.
No electoral breach
The Electoral Board concludes that the events complained of do not breach Article 50 of the LOREG, so there are no grounds to adopt measures or open any disciplinary proceedings.
This closes the controversy surrounding the protest called by the AMPAS of Manilva and Casares, which goes ahead in support of the construction of a new secondary school. A few places are still available to join this demonstration, which will take place this Wednesday 22, departing at 8:00 and returning at 14:30.
👉 You can join by clicking here.
