Key data
| Regulation | Royal Decree 809/2026, of October 7 |
|---|---|
| Modified regulation | Royal Decree 1907/1995, of November 24 |
| Publication in BOE | October 9, 2026 |
| Entry into force | October 10, 2026 |
| Affected parties | Political parties, federations, coalitions and voter groups requesting electoral subsidies |
| New article introduced | Article 6 bis of RD 1907/1995 |
| Category | Grants and Subsidies |
| Year | 2026 |
Political parties wishing to receive state electoral subsidies have a new formal obligation as of October 10, 2026: submit a responsible declaration before any payment is processed. The Royal Decree 809/2026, of October 7, modifies RD 1907/1995 by adding a new article 6 bis that makes this requirement a prior and unavoidable condition for any political formation requesting public financing for electoral expenses.
The measure is not new in spirit: the Central Electoral Board already required it in 2024, but only for those requesting the advance of 30% of the subsidy. Now it extends to all parties and all phases of processing, including final settlement.
What does this regulation establish?
The new article 6 bis of RD 1907/1995 establishes that the general representative of each political formation must submit a responsible declaration that certifies two simultaneous conditions:
- Article 127.3 LOREG: The formation does not incur in conduct that could lead to its illegalization.
- Article 127.4 LOREG: The formation does not include in its governing bodies or electoral lists persons convicted of terrorism, rebellion or other serious crimes against the State.
The declaration must be submitted as a prior requirement to the processing of any state subsidy for electoral expenses. Furthermore, the Administration is empowered to request additional supporting documentation before proceeding to final settlement.
Comparison: before and after RD 809/2026
| Aspect | Before (original RD 1907/1995) | After (RD 809/2026) |
|---|---|---|
| Responsible declaration | Only required by the Central Electoral Board for the 30% advance (since 2024) | Mandatory for all formations in any phase of the subsidy |
| Scope of application | Restricted to those requesting the advance | All parties, federations, coalitions and voter groups |
| Phase of requirement | Only in the advance request | Prior requirement to all processing + possible requirement before final settlement |
| Legal basis in RD 1907/1995 | No specific article | New article 6 bis |
Economic and operational impact
The direct economic impact of this regulation is not a new cost: it does not create fees or reduce subsidy amounts. Its impact is operational and risk-related: a formation that does not submit the responsible declaration in time and form will not be able to process any electoral subsidy, which means the loss or delay in receiving the public financing to which it would be entitled.
From an operational perspective, the administrative and legal departments of parties must incorporate this new step into their internal subsidy request processes. The empowerment of the Administration to request supporting documentation before final settlement adds an additional risk: if the documentation is not ready or is insufficient, settlement may be blocked.
Who does it affect?
- Political parties that run in elections and request state subsidies for electoral expenses.
- Party federations that participate in electoral processes under that figure.
- Electoral coalitions formed to run in elections.
- Voter groups that request public financing for electoral expenses.
- General representatives of each formation, who are responsible for signing and submitting the declaration.
- Legal and administrative departments of political formations, responsible for managing documentation.
Practical example
A regional political party that has run in general elections and is entitled to receive state subsidy for electoral expenses begins the application process after the publication of official results.
Under the new article 6 bis of RD 1907/1995, its general representative must submit, before the Administration processes any payment, a responsible declaration in which it certifies that the party does not incur in the conduct of article 127.3 LOREG (grounds for illegalization) and that no person convicted of terrorism, rebellion or serious crimes against the State appears in its governing bodies or electoral lists (article 127.4 LOREG).
If the party does not submit this declaration, processing is blocked. If the Administration, before proceeding to final settlement, requires additional supporting documentation and the party does not provide it within the deadline, settlement may be delayed or denied.
What should political formations do now?
- Review the internal procedure for requesting electoral subsidies and incorporate the submission of the responsible declaration as a mandatory prior step, before initiating any procedure with the Administration.
- Identify the general representative authorized to sign the declaration and ensure they have the necessary information to certify compliance with articles 127.3 and 127.4 of LOREG.
- Review governing bodies and electoral lists to verify that no person convicted of terrorism, rebellion or serious crimes against the State appears in them, since this is one of the aspects that must be certified.
- Prepare supporting documentation, as the Administration may require it before final settlement. Having it ready in advance prevents delays in payment.
- Inform the legal and administrative team of the entry into force on October 10, 2026, so that no application process initiated from that date omits this requirement.
Frequently asked questions
What is the responsible declaration required by the new article 6 bis?
It is a document signed by the general representative of the political formation in which it certifies that the party does not incur in illegalization conduct (article 127.3 LOREG) and that no person convicted of terrorism, rebellion or serious crimes against the State appears in its governing bodies or electoral lists (article 127.4 LOREG). Without this declaration, the Administration cannot process any state subsidy for electoral expenses.
When does this obligation come into force?
Royal Decree 809/2026 was published in the BOE on October 9, 2026 and came into force on October 10, 2026. Any electoral subsidy application processed from that date must comply with the new requirement.
Is this obligation new or did it already exist for some parties?
The Central Electoral Board already required a similar declaration in 2024, but only to formations requesting the 30% advance of the subsidy. RD 809/2026 extends this obligation to all political formations and all phases of processing, not just the advance.
What happens if a party does not submit the responsible declaration?
Processing of the subsidy is blocked. The declaration is a prior and unavoidable requirement: without it, the Administration cannot initiate the payment process. Furthermore, if before final settlement the Administration requires additional supporting documentation and it is not provided, settlement may be delayed or denied.
Who must sign the responsible declaration?
According to the new article 6 bis of RD 1907/1995, the declaration must be submitted by the general representative of the political formation. This person is formally responsible before the Administration for certifying compliance with the requirements of articles 127.3 and 127.4 of LOREG.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-20977
