An elephant hovers over the Spanish political board after the railway accident in Urda: the continuity or resignation of the Minister of Transport and Sustainable Mobility, Óscar Puente. He himself has rejected the idea, for the moment, arguing that he is focused on the important thing: managing the tragedy. In addition, he will appear before the Standing Committee on Tuesday to give explanations, which calms the waters. But, regardless of his future in Moncloa, the question arises whether, at this point, he could motu proprio leave the PSOE lists for 29N, being first for Valladolid.
This is the scenario
Óscar Puente could withdraw from the PSOE candidacy for the November 29 elections if he decided to renounce it within the legal deadline enabled to modify the lists. The Organic Law of the General Electoral Regime (LOREG) expressly contemplates the renunciation of a candidate as one of the cases that allow a candidacy to be modified during that period. In that scenario, the PSOE could replace him with another person before the definitive proclamation.
- Could he renounce his candidacy even though the lists have already been published?
Yes. Article 48.1 of the LOREG establishes that the candidacies submitted cannot be modified, except during the deadline enabled to correct irregularities and only due to the death or renunciation of the holder, or as a consequence of the correction procedure itself
The publication of the candidacies does not in itself close off that possibility. The law provides for a phase to communicate and correct irregularities before the electoral boards proclaim the definitive candidacies. During that period, the renunciation of a member of the list constitutes a specific cause for modification and does not depend on the Electoral Board having detected an irregularity affecting that candidate.
Therefore, if Puente were to submit his renunciation within that deadline, the PSOE could process his replacement before the definitive proclamation. It would not be necessary for the decision to be motivated by an incident detected by the Electoral Board.
- Until when could he do it?
The decisive date is that of proclamation of the candidacies. According to the calendar provided for these elections, the definitive lists will be proclaimed on November 2. The window to modify the candidacies by renunciation is linked to the correction deadline prior to that proclamation.
Article 47.2 of the LOREG establishes that the electoral boards communicate the irregularities two days after the publication of the candidacies and grant 48 hours to remedy them. The exact moment at which that period begins to count depends on when the existence of irregularities is communicated. The resignation, however, may operate as an autonomous cause of modification during the enabled period, without the need for there to be an irregularity that personally affects the candidate.
Consequently, the PSOE would have room to replace Puente if he were to resign within the legal window and before proclamation. Once that phase is over, the rules change.
- What would happen if he resigned after proclamation?
If Puente were to resign when the candidacies had already been proclaimed, his vacancy would be filled following the order of the list. This is provided for in article 48.2 of the LOREG: vacancies that arise after proclamation are understood to be filled by the successive candidates and, where appropriate, by the substitutes.
In that case, the PSOE could not freely choose a person to occupy Puente's place or reorganize the list to suit its convenience. The resignation would take effect, but the mechanism for filling the vacancy would be determined by the order of the candidates.
The difference is significant: before proclamation, resignation allows the candidacy to be modified within the legal period; afterward, replacement is subject to the order of the list.
- Can the PSOE remove him from the list without his consent?
No. The candidate's resignation is one of the causes that allow the candidacy to be modified during the period provided for by law. The party cannot use that mechanism to unilaterally remove a member of the list if he has not resigned.
Therefore, a possible departure of Puente from the candidacy would have to arise from his own decision. Resignation as minister and resignation from the electoral list are, moreover, different matters: leaving the Government would not automatically mean abandoning the candidacy, just as resigning from it would not by itself imply resigning from the Executive.
- Are there precedents?
In April 2019, Ángel Garrido carried out a political move that showed the complications that can arise when a candidate changes parties with the lists already published. The then former president of the Community of Madrid left the PP and joined Ciudadanos as number 13 on the candidacy for the regional Assembly, despite also appearing as number four on the Popular Party list for the European Parliament.
The case was possible because the two candidacies corresponded to different electoral processes and final proclamation was still pending. The Central Electoral Board had to publish the final list of candidates, while Garrido still appeared on the PP candidacy for the Europeans.
The precedent illustrates that the initial publication of a list does not necessarily mean its definitive closing. However, Garrido's case is not identical to Puente's: the minister would have to renounce his candidacy and the possibility of replacing him would depend on the deadlines and conditions established by electoral legislation.
- Is Puente going to resign?
For now, there are no signs that the minister is going to abandon the Socialist candidacy. Puente has ruled out resigning and will appear in Congress to offer explanations. His public position points, for the moment, to facing the situation from the office he holds, not to taking a step back.
The possibility that he leaves the PSOE lists on 29N exists from a legal point of view, but it depends on a personal decision that he has not announced. If the resignation were to occur within the enabled deadline, the party could replace him before the definitive proclamation. If it came later, the vacancy would be filled by the order of the candidacy. And if Puente does not resign, the PSOE cannot withdraw him unilaterally.