What happens if no one on the PSC list wants to be a councilor in Ripoll?
The electoral law establishes what must be done in this case
BarcelonaThe two PSC councilors from Ripoll who allowed Sílvia Orriols to approve the budgets, thanks to their abstention, resigned on Monday amid reproaches and with a clear warning to the party. "We want to state that the local group does not share this decision in any case; moreover, it strongly disagrees with it. No member of the list has shown any willingness to take over from our councilors. This is a decision made unilaterally by the national leadership of the PSC," stated Enric Pérez and Anna Belén Avilés in a joint statement. In short, the two councilors warned that no one from the candidacy would replace them.
If this is the case and none of the other fifteen members of the socialist list agree to become a councilor, what will happen? Will the municipal plenary be reduced to 15 representatives out of the current 17? Will the other parties share the two vacancies? Nothing could be further from the truth. The electoral law (Loreg) contemplates this scenario, which is by no means common. It is specifically regulated in Article 182. The first point details that in the event of a councilor's death, incapacity, or resignation, the seat is assigned to the candidate or, if applicable, to the substitute on the same list who corresponds, according to their order of placement. This is supposedly not the case in Ripoll.
The second point of this article does contemplate what may end up happening in Ripoll. If no one accepts the position, any citizen could end up being a councilor. Thus, the Loreg determines that "in the event that there are no possible candidates or substitutes to be appointed, the vacancies will be filled by any adult citizen who is not subject to ineligibility." "These substitutes," establishes the electoral law, "will be appointed by the party, coalition, federation, or group of electors" that has been left without representatives. In other words, by the PSC.
The socialist leadership has already taken the first step by dissolving the local group and creating a management committee, which will be responsible for finding the people to fill these vacancies if they are needed. If successful, the PSC will have to inform the relevant Electoral Board who its councilors will be so that they can be granted their credentials. In this case, the law makes it clear that persons who have been candidates or substitutes on the list and have previously resigned from the position cannot be appointed. In other words, if someone resigns now, they cannot go back on their decision later.