A general election was held in Spain on 19 December 1920 (for the Congress of Deputies), and on 2 January 1921 (for the Senate), to elect the members of the 19th under the Spanish Constitution of 1876, during the Restoration period. All 409 seats in the Congress of Deputies were up for election, as well as 180 of 360 seats in the Senate.
Under the 1876 Constitution, the Spanish were conceived as "co-legislative bodies", forming a nearly perfect bicameral system. Both the Congress of Deputies and the Senate exercised legislative, oversight and budgetary functions, sharing almost equal powers, except in budget laws (taxation and public credit)âÂÂwhose first reading corresponded to CongressâÂÂand in impeachment processes against government ministers, where Congress handled indictment and the Senate the trial.
Voting for the Congress of Deputies was based on universal manhood suffrage, comprising all Spanish national males over 25 years of age with full civil rights, provided they had two years of residence in a municipality. It was compulsory, excepting those over 70, the clergy andâÂÂwithin their territoriesâÂÂtrial judges and public notaries. Additional restrictions excluded those in active duty, deprived of political rights or disqualification from public office by a final court ruling, under criminal penalties, legally incapacitated, bankrupt people, debtors of public funds, and homeless.
The Congress of Deputies had one seat per 50,000 inhabitants. Of these, 98 were elected in 28 multi-member constituencies using partial block voting: in constituencies electing ten seats or more, voters could choose up to four candidates less than the number of seats at stake; in those with between eight and ten seats, up to three less; in those with between four and eight seats, up to two less; and in those with between one and four seats, up to one less. The remaining 311 seats were elected in single-member districts by plurality voting and distributed among the provinces of Spain according to population. Elections in uncontested districts were to be resolved with the automatic election of the sole candidate(s).
As a result of the aforementioned allocation, each Congress multi-member constituency was entitled the following seats:
Voting for the elective part of the Senate was based on censitary suffrage, comprising archbishops and bishops (in the ecclesiastical councils); full academics (in the royal academies); university authorities and professors (in the universities); members with three years of seniority (in the economic societies of Friends of the Country); major taxpayers and Spanish citizens of legal age, resident householders with full political and civil rights (for delegates in the local councils); and provincial deputies.
180 Senate seats were elected using indirect, write-in, two-round majority voting. Delegates chosen by economic societies, local councils and major taxpayersâÂÂtogether with other qualified electorsâÂÂvoted for senators. The provinces of Barcelona, Madrid and Valencia were allocated four seats each, and the rest three each, for a total of 150. The remaining 30 seats were allocated to special institutional districts (one each), including major archdioceses, royal academies, universities and economic societies of Friends of the Country. Another 180 seats consisted of senators in their own right (such as the monarch's offspring and the heir apparent once coming of age, grandees of Spain with sufficient income, certain general officersâÂÂcaptain generals and admiralsâÂÂarchbishops, and the heads of higher courts and state institutions after two years of service), as well as senators for life directly appointed by the monarch.
The law provided for by-elections to fill vacant seats during the legislative term.
For the Congress, secular Spanish citizens of legal age, with full civil rights and the right to vote could run for election. Causes of ineligibility applied to contractors of public works or services within the relevant territory; and to holders of certain government-appointed posts, the judiciary and the prosecution ministry, or provincial deputation members, during their term of office and for one year afterwards. Government ministers and civil servants in the Central Administration were exempt from these causes. Special exemptions from ineligibility were granted to certain individuals, capping at 40 the number of deputies able to benefit from these:
Additionally, candidates intending to run were required to either have previously served as deputies; or secure the endorsement of either two current or former lawmakers from the same province, three current or former provincial deputies representing a territory that was wholly or partly included in the constituencies they wanted to contest, or at least one twentieth of the electorate in the constituencies for which they sought election.
For the Senate, eligibility was limited to Spanish citizens over 35 years of age who were not under criminal prosecution, disfranchisement nor asset seizure, and who either qualified to be senators in their own right or belonged (or had belonged) to certain categories:
Other ineligibility provisions for the Senate also applied to a number of territorial officials within their areas of jurisdiction, during their term of office and for up to three months afterwards; contractors of public works or services; tax collectors and their guarantors; debtors of public funds; deputies; local councillors (except those in Madrid); and provincial deputies within their respective provinces.
The term of each chamber of the âÂÂthe Congress and one-half of the elective part of the SenateâÂÂexpired five years from the date of their previous election, unless they were dissolved earlier. The previous elections were held on 1 June 1919 for the Congress and on 15 June 1919 for the Senate, which meant that the chambers' terms would have expired on 1 and 15 June 1924, respectively.
The monarch had the prerogative to dissolve both chambers at any given timeâÂÂeither jointly or separatelyâÂÂand call a snap election. There was no constitutional requirement for concurrent elections to the Congress and the Senate, nor for the elective part of the Senate to be renewed in its entirety except in the case that a full dissolution was agreed by the monarch. Still, there was only one case of a separate election (for the Senate in 1877) and no half-Senate elections taking place under the 1876 Constitution.
The were officially dissolved on 2 October 1920, with the corresponding decreeâÂÂissued on 27 NovemberâÂÂsetting election day for 19 December 1920 (Congress) and 2 January 1921 (Senate) and scheduling for both chambers to reconvene on 4 January.
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