The Government strengthens the control of electoral subsidies to parties

The Council of Ministers approved Royal Decree 809/2026, of October 7, which modifies the processing of annual state subsidies and electoral expense subsidies for political formations. The regulation is published in the Official State Gazette (BOE) no. 251, of Friday, October 9, 2026, Section I, pages 134401 to 134403, with official reference BOE-A-2026-20977. The text enters into force the day following its publication, that is, October 10, 2026.

The reform is limited to a single article: it adds a new article 6 bis to Royal Decree 1907/1995, of November 24, which specifically regulates the processing of these subsidies. The objective stated in the explanatory section is to guarantee compliance with the legal requirements demanded to receive subsidies for electoral expenses, closing a gap that existed until now.

A mandatory declaration to collect

The new article 6 bis, titled “Declaration of the general representative,” conditions the processing of subsidies for electoral expenses provided for in Organic Law 5/1985, of June 19, on the General Electoral Regime, upon the submission of a declaration by the general representative of the formation. In it, it must be affirmed that the entity does not fall under the cases collected in paragraphs 3 and 4 of article 127 of said organic law.

The declaration must accompany the request for an advance or, failing that, will be required by the Administration as a prerequisite for the processing of any of the advances or the settlement provided for in articles 127 bis, 133, and 134.5 of Organic Law 5/1985. Furthermore, prior to the settlement, the Administration may demand documentation proving the veracity of the data contained in the declaration.

The cases that exclude the subsidy

Article 127 of Organic Law 5/1985 regulates the state subsidy for electoral expenses derived from participating in general, municipal, and European Parliament elections. Its paragraphs 3 and 4 establish the exclusions that must now be expressly declared:

• Paragraph 3 refers to article 4 of Organic Law 3/1987, of July 2, on the Financing of Political Parties: the State shall not subsidize formations that engage in the behaviors provided for illegalization in article 9 of Organic Law 6/2002, of June 27, on Political Parties.
• Paragraph 4 specifies that subsidies shall not accrue when governing bodies, parliamentary groups, or electoral lists include or maintain persons convicted—even if the sentence is not final—of crimes of rebellion, terrorism, or serious crimes against the Institutions of the State, unless there is a public rejection of the ends and means used.

Background and administrative processing

The immediate precedent is the Agreement of May 12, 2024, of the Central Electoral Board, which already required a declaration to this effect in order to process the 30 percent advance of the subsidy requested through that body. Since no similar provision existed for organizations that did not request said advance, the royal decree generalizes the requirement.

The regulation is issued at the proposal of the Ministries of the Interior and Finance, with the prior approval of the Ministry for Digital Transformation and the Civil Service, in accordance with the Council of State and following the report of the Central Electoral Board. It was submitted to the public hearing and information process of Article 26.6 of Law 50/1997, of November 27, of the Government, and conforms to the principles of good regulation of Article 129 of Law 39/2015, of October 1. The text is signed by King Felipe VI and countersigned by the Minister of the Presidency, Justice and Relations with the Cortes, Félix Bolaños García.

The impact is direct on the financing of parties ahead of the next electoral appointment: no organization will receive advances or settlements for electoral expenses without first signing the declaration that it does not engage in behaviors leading to illegalization nor maintains individuals convicted of rebellion, terrorism, or serious crimes against the State. Furthermore, the Administration retains the power to verify the truthfulness of the declaration before payment.

Source: Official State Gazette, no. 251, of October 9, 2026, Sec. I. General provisions, pp. 134401-134403 (official reference: BOE-A-2026-20977).