The Council is made up of 31 members, whose number is determined by the census of residents of the province and is proportional to the number of electoral boards in each zone in which the various Town Halls are located. Once the local elections took place and councillors were elected for the Town Halls, each political group chose a number of provincial deputies from among the councillors of the electoral boards of each zone. Finally, the President of the council was elected by majority during an extraordinary plenary session from among the deputies.
The governmental organs of the council are:
- Presidency: It is an active and unipersonal organ with its own faculties, differentiated from those corresponding to the council. The President assumes due representation of the Council. In case of vacancy, absence or illness, he/she can be replaced by the Vice-Presidents chosen by the President from among the members of the governing board.
- The Governing Board: A collegiate organ comprising the President and a number of deputies which is no greater than a third of the legal number of members. The Board is responsible for all functions delegated to it by the President, or which the law attributes to it.
- Plenary Council: The highest organ with respect to adopting agreements which affect the economic-administrative interests within the Council’s competence. The Plenary Council has jurisdiction over the entirety of the provincial territory.
The election of the deputies is an indirect process carried out by judicial parties from among the municipal councillors of the province. All candidates must be municipal councillors before being eligible for the post of provincial deputy.
The Provincial Electoral Boards allocate a specific number of posts (in proportion to the number of residents) to each of the 11 judicial districts of the province of Málaga, on the 10th day after elections take place, in accordance with the following rules:
- All judicial districts must have at least one deputy.
- No single judicial district can have more than 3/5 of the total number of provincial deputies.
- Fractions equal or greater than 0.5 are rounded off to the larger number and those less than 0.5 to the smaller number.
- If, as a result of previous operations, a total number of deputies arises which is greater than the number which is legally allowed, the excess number of posts will be subtracted from the judicial districts with a lesser number of residents per deputy. If, on the other hand, a lesser number arises, the prescribed number of additional deputies will be allocated to judicial districts with a greater number of residents.
In order to distribute the deputies, the Electoral Board connects the number of parties, coalitions, federations or groups which are present at the local elections, to the number of votes obtained in each of the 11 judicial districts. The deputies are distributed in accordance with the D’Hont Method. The councillors are convened independently according to their respective political parties, so the latter can select those who will represent them at the Corporation’s Plenary Session.
Once the assignation of deputy posts has taken place, the Electoral Board separately convokes the councillors from the political parties, coalitions, federations and groups, to elect deputies from the list of candidates. Three substitutes must also be elected in case the posts of deputy become vacant.
Once elections have taken place, the Area Board proclaims the deputies to have been elected and names their substitutes.
The Provincial Council meets during a constitutive session presided over by an Interim Board which comprises older and younger deputies present during the act. The Secretary of the Council acts as secretary during the election of the President.
In order to be elected President, a candidate must obtain an absolute majority during the first round of votes and a simple majority during the second round of votes.
The President can be removed from his post through a motion of censure. Any other provincial deputy can be a candidate for the presidency.
Likewise, the President can cease to hold his post following a loss of confidence regarding an issue he has put forward to the Plenary Council, in relation to the approval or modification of any of the following issues:
- The annual budget.
- Organic regulations.
- The provincial plan for cooperation regarding works and services of municipal competence.