Right of expatriates to vote in their country of origin

The right of expatriates to vote in elections in their country of origin varies depending on the legislation of an expatriate’s country of origin. Some countries (such as France) grant their expatriate citizens unlimited voting rights, identical to those of citizens living in their home country. Other countries allow expatriate citizens to vote only for a certain number of years after leaving the country, after which they are no longer eligible to vote (e.g. 15 years for the UK and 25 years for Germany). Other countries reserve the right vote solely to citizens living in that country, thereby stripping expatriate citizens of their voting rights once they leave their home country (such as Ireland, with extremely limited exceptions).

Expatriates' voting rights in local elections sometimes vary within individual countries, usually those with federal systems, such as Switzerland and the United States. For example, Swiss expatriates originally hailing from certain cantons may vote in elections at cantonal level, while those from other cantons may not.[1] The issue has been raised by European Union institutions, particularly in relation to citizens of one EU state resident in another.[2]

As of 2006, 93 countries allowed their expatriate citizens to vote: 21 African countries, 13 countries in the Americas, 15 Asian countries, 6 Pacific countries and 36 European countries.[3]

According to an extensive and thorough research published in 2007 out of researched 214 countries and territories 115 had provisions for external voting.[4][5]

Country-by-country breakdown

Australia

Australian citizens living abroad may vote if register to vote within three years of leaving and intend to return to Australia within six years of leaving. Australians who were under 18 when they left Australia may vote if they intend to return to Australia within six years of their 18th birthday. Voting may be done by post or at an Australian embassy, consulate or high commission. Unlike for Australians living in Australia, voting is not compulsory for expatriate Australians.[6]

Austria

Austrian citizens living abroad may vote by post in Austrian presidential and parliamentary elections, as well as referendums, with no expiry date. They must enrol on a dedicated foreign voters' register and must renew their registration every ten years.[7]

Belgium

As of 2017, Belgian citizens living abroad can register to vote for elections to the Chamber of Representatives and the European Parliament. Once registered in a consular post (which is optional), the person is subject to compulsory voting. Expatriates cannot vote in regional or local elections.

Originally, the law of 18 December 1998 first gave Belgians living abroad the right to vote in federal elections (i.e. for the Chamber and Senate). However, the law was inadequate and not generally applied.

The law of 7 March 2002 improved the procedure. Belgians abroad could register in a municipality of their choice, determining the constituency in which their vote would be cast. In practice, most votes were cast in the linguistically sensitive Brussels-Halle-Vilvoorde constituency.

The sixth Belgian state reform (ca. 2012), which also abolished the Brussels-Halle-Vilvoorde constituency and direct Senate elections, replaced the free choice by an objectively defined municipality (where the person last lived, or else further criteria apply).

The law of 17 November 2016 slightly changed the procedure, and also extended the right to vote for European Parliament elections to Belgians living in a non-EU member state. Belgians living in another EU member state already had the right to vote on Belgian lists in European Parliament elections.

On 26 August 2016, the cabinet also approved the right to vote in regional elections; however, this change is subject to approval by special majority in parliament, causing the measure to stall.

Brazil

Brazilian citizens living abroad aged between 18 and 70 must vote, as Brazil's policy of compulsory voting includes expatriate Brazilians.[8] Voting is possible, but not mandatory, for Brazilian expatriates aged over 70 or under 18 (Brazil's minimum voting age is 16).

Canada

Canadian citizens living abroad can vote by post if they have lived outside Canada for less than five consecutive years. Only Canadians working for the Canadian government, a Canadian company or an international organisation in which Canada is involved are exempt from this expiry date.

Canadian citizens living abroad who are not eligible to vote by post may still vote regardless of how long they have lived abroad, but only if they return to Canada to vote in person.[9]

Chile

Chilean expatriates have the right to vote in presidential elections (primaries, first and second round) and national referenda in the consulate where they registered.[10][11] The law allowing expatriate Chilean citizens the right to vote was presented by President Michelle Bachelet and approved by Congress in August 2016. The primaries for the 2017 presidential election were the first time that expatriates were allowed to vote.

Colombia

Regardless of their time living abroad, Colombian expatriates enjoy full voting rights in national referendums, presidential and parliamentary elections. One member of the House of Representatives comes from the international constituency and is elected exclusively by citizens living abroad. In order to vote, Colombian citizens have to register in their respective consulate or embassy in the established periods before the election dates.[12]

Costa Rica

Costa Rican citizens can vote for president and national referendums regardless of their time living abroad since Electoral Code's reform of 2010. They can't, however, vote in local elections which includes deputies and municipal authorities. The first time this was implemented was in the Costa Rican general election, 2014. Costa Ricans vote in the respective consulate or embassy and have to register their location a year before the election.[13][14]

France

French citizens living abroad enjoy full voting rights in presidential and parliamentary elections, regardless of how long they have lived abroad.

France has a dedicated Assembly of French Citizens Abroad, the president of which is the French Foreign Minister. France also has a system of 11 constituencies for French residents overseas, each of which are represented by a deputy who sits in the National Assembly.

Germany

Article 12(2)(1) of the Federal Voting Act[15] states that German citizens who live abroad and have no residence in Germany may vote in German parliamentary elections and European Parliament elections if:

a) they have resided in Germany for an uninterrupted period of at least three months since their 14th birthday and within the last 25 years; or

b) they have a close personal and direct relationship with German politics and are personally affected by political developments in Germany.[16]

India

Expatriate Indian citizens have been allowed to vote in all Indian elections since 2010, provided that they have not acquired the citizenship of another country (India does not permit dual nationality).[17]

Ireland

At most elections in the Republic of Ireland the electoral register is based on residential address, and the only nonresident voters are those serving abroad on government business; this includes Irish diplomats and their spouses, and Defence Forces and Garda Síochána personnel but not their spouses.[3][18][19] An exception is in elections to the Seanad (upper house) for which graduates voting in the university constituencies (National University of Ireland and University of Dublin) may be nonresident.[3][20] Expatriates intending to return to Ireland within eighteen months may retain their Irish address for electoral purposes, but must be present to vote in person.[21][22] Since the 1990s there have been proposals to allow emigrants to vote in elections to the Dáil (lower house) or Seanad, generally via a dedicated (single transferable vote multi-seat) constituency.[23] In 2017 the government agreed to allow expatriate citizens to vote in presidential elections and promised a constitutional referendum to be held alongside the 2019 local election.[24]

Italy

Italian citizens living abroad retain the right to vote in Italian parliamentary elections. They may vote either by post or at an Italian consulate or embassy. However, for Italian citizens who live in a country which has no Italian diplomatic representation, the only way to vote is to travel to Italy to vote in person. Citizens who choose to do so are reimbursed by the Italian government for 75% of their travel costs.[25]

The Italian Parliament reserves 18 seats for those citizens residing abroad: there are twelve such seats in the Chamber of Deputies and six in the Senate of the Republic.

Japan

Japanese citizens living abroad have been allowed to vote in Diet elections since 2005, when the Supreme Court ruled that a ban on eligible overseas Japanese citizens from voting was unconstitutional. Citizens can vote either by post or at their local Japanese embassy or consulate.[26]

Luxembourg

Luxembourg citizens living abroad may vote in parliamentary elections and referendums, but not local elections.[27]

Malta

Maltese citizens may only vote if they are physically present in Malta on election day.[28] There is no rule forbidding expatriate citizens from voting, but they may only vote if they return to Malta in person to do so, at their own expense. There have been attempts and petitions to allow Maltese citizens living abroad to vote by post.[29]

Namibia

Namibian citizens living abroad have been allowed to vote in national elections since 2014, when amendments were made to the Electoral Act 2009, Namibian expatriates may vote at temporary registration points, usually set up at Namibian embassies or high commissions.[30]

Netherlands

Dutch citizens who live abroad (and have deregistered as Dutch residents) are allowed to vote in elections for the House of Representatives and for the European Parliament, but cannot vote in municipal or provincial elections. They must register as voters in order to vote from abroad.

New Zealand

New Zealand citizens living abroad have full voting rights with no expiry date as long as they have lived in New Zealand for at least one year continuously at some point in their lives and have visited New Zealand within the last three years.[31]

Philippines

Under Republic Act No. 9189 (also known as the Overseas Absentee Voting Act of 2003), Filipino citizens living abroad are allowed to vote, with no expiry date.[32]

Portugal

Article 49 of the Portuguese Constitution grants all Portuguese citizens the right to vote, regardless of where they live.[33]

Portugal has a Council of Portuguese Communities (Conselho das Comunidades Portuguesas), a consultative body which is part of the Portuguese government and represents the interests of Portuguese citizens living abroad.[34]

Singapore

Singaporean citizens living abroad may vote in presidential and parliamentary elections, with no expiry date. However, they may only vote in person at one of ten designated overseas polling stations, located in Australia, China (two polling stations: Beijing and Shanghai), Japan, Hong Kong, the United Arab Emirates, the United Kingdom and the United States (three polling stations: New York City, San Francisco and Washington, D.C.).[35] Each citizen is assigned to an overseas polling station depending on where they live. Expatriate citizens are also assigned a polling station in Singapore, where they can vote in person if they happen to be in Singapore on election day.[36]

South Africa

Pursuant to Chapter 1, Section 10 of Electoral Act 73 of 1998, South African citizens living abroad retain the right to vote in national elections, with no expiry date. Expatriate citizens wishing to vote must do so in person at a South African embassy, consulate or high commission.[37]

Spain

Article 68, Section 5 of the Spanish Constitution guarantees Spanish citizens living abroad the right to vote. They may do so either at a Spanish consulate or embassy, or by post.[38]

Spain has a General Council of Spanish Citizenship Abroad (Consejo General de la Ciudadanía Española en el Exterior, CGCDE), an advisory body which represents the interests of Spanish citizens living abroad.[39]

Sweden

Swedish nationals living abroad are automatically entitled to vote in Riksdag elections and European Parliamentary elections (for those living in another EU Member State) up to ten years after leaving Sweden. There is no time limit to eligibility, but after the initial 10-year period has elapsed, Swedish expatriates must renew their electoral roll registration by filling out a form every 10 years.[40] They cannot vote in either county or municipal elections. Voting take place either by post or at Swedish embassies.[41]

Switzerland

Swiss citizens living abroad may vote, with no expiry date, in elections for the National Council (lower house of parliament) and in federal referendums, provided that they register with the relevant Swiss representation abroad. Their eligibility to vote in elections for the Council of States (upper house of parliament) and in cantonal and municipal elections depends on the law of the canton in which the person was registered before leaving Switzerland.[1][42]

Tunisia

Tunisian expatriates have been granted the right to vote in presidential elections since 1988, and additionally in parliamentary elections since the Tunisian Revolution in 2011.[43]

United Kingdom

British citizens living abroad may vote in UK general elections, referendums and European Parliament elections for up to 15 years after leaving the UK. However, they may only do so if they were registered to vote in the UK while living there. British expatriates who were under 18 at the time of leaving the UK may vote as long as their parent or guardian was registered to vote in the UK.

British expatriates are not allowed to vote in local elections or in elections for the devolved Scottish Parliament or Welsh or Northern Irish Assemblies.[44]

In February 2018, the Overseas Electors Bill was presented to Parliament, with a view to abolishing the 15-year limit and the requirement to have registered to vote before leaving the UK. This would grant all British expatriates the unlimited right to vote, as long as they have lived in the UK at some point in their lives.[45][46] The issue became a hotly debated topic among British expatriates who have lived in other EU Member States for more than 15 years and were thus barred from voting in the referendum on European Union membership, despite arguably being more affected by the result than British people living in the UK.[47]

United States of America

US citizens living abroad enjoy full voting rights, regardless of how long they have lived abroad. In addition, 36 states, plus the District of Columbia, allow US citizens who have never resided in the US to vote in the respective state based on where their parent or legal guardian was last registered.[48]

References

  1. 1 2 "Voting rights in Switzerland - www.ch.ch". www.ch.ch. Retrieved 2016-12-20.
  2. ↑ Poptcheva, Eva-Maria (June 2015). Disenfranchisement of EU citizens resident abroad; Situation in national and European elections in EU Member States (PDF). European Parliamentary Research Service. doi:10.2861/115885. ISBN 978-92-823-7548-8. PE 564.379. Retrieved 24 April 2018.
  3. 1 2 3 "External voting: a GlobalIrish.ie factsheet | globalirish.ie – about Irish emigration and the diaspora". www.globalirish.ie. Retrieved 2016-03-07.
  4. ↑ "Voting from Abroad —". aceproject.org. Retrieved 2018-05-15.
  5. ↑ "Voting from Abroad - The International IDEA Handbook" (PDF).
  6. ↑ 26, corporateName=Australian Electoral Commission; address=50 Marcus Clarke Street, Canberra ACT 2600; contact=13 23. "Living or going overseas". Australian Electoral Commission. Retrieved 2016-12-21.
  7. ↑ Österreich, Republik. "Stimmabgabe im Ausland". HELP.gv.at. Retrieved 2016-12-20.
  8. ↑ "Eleitor no exterior". www.tse.jus.br. Retrieved 2016-12-20.
  9. ↑ "Voting from abroad". Retrieved 2016-03-08.
  10. ↑ "Voto de chilenos en el exterior". SERVEL. Retrieved 16 August 2017.
  11. ↑ "Guía legal sobre: Voto de chilenos en el extranjero". Ley Fácil. Library of the Chilean National Congress. Retrieved 16 August 2017.
  12. ↑ "Los colombianos residentes en el exterior ya pueden acercarse a la embajada o consulado más cercano y realizar la inscripción de la cédula para participar en las Elecciones de 2018". Retrieved 5 July 2018.
  13. ↑ Arias, L (November 4, 2016). "Ticos living abroad can now register online to vote in 2018". The Tico Times. Retrieved 9 April 2018.
  14. ↑ Alvarado, Laura (January 28, 2018). "Costa Rican Embassy in the United States Explains How to Vote in the 2018 Elections". The Costa Rica Star. Retrieved 9 April 2018.
  15. ↑ "BWahlG - Einzelnorm". www.gesetze-im-internet.de. Retrieved 2016-03-07.
  16. ↑ "Auswärtiges Amt Berlin - Allgemeine Informationen zur Wahlteilnahme aus dem Ausland". www.konsularinfo.diplo.de. Retrieved 2016-03-07.
  17. ↑ Electoral Commission of India. "Frequently Asked Questions" (PDF). Retrieved 23 March 2017.
  18. ↑ Oireachtas All-party committee on the Constitution (2002). "Chapter 4: Northern Ireland and emigrant participation in national political life". Seventh Progress Report: Parliament (PDF). pp. 40–59 : 55. Archived from the original (PDF) on 2013-10-20.
  19. ↑ "Registering to vote". Dublin: Citizens Information Board. 29 March 2018. Overseas voters. Retrieved 23 April 2018. ; "Electoral Act, 1992". Irish Statute Book. ss.7–14. Retrieved 23 April 2018. ; Brady, Tom (16 May 2007). "Military spouses living abroad are denied vote". Irish Independent. Retrieved 23 April 2018. ; "Other Questions [9344/04] — Postal Voting". Dáil Éireann Debates. Oireachtas. 25 March 2004. Vol.582 No.5 p.13 cc.1343–1344. Retrieved 23 April 2018.
  20. ↑ Working Group On Seanad Reform (2015). "Report" (PDF). p. 44. Retrieved 23 April 2018. non-resident graduates can register to vote in the university members elections at present ; "Seanad Electoral (University Members) Act, 1937". Irish Statute Book. ss 7, 20. Retrieved 23 April 2018.
  21. ↑ Oireachtas All-party committee on the Constitution p.55
  22. ↑ Hickey, Shane (24 May 2018). "The vote: returning emigrants warned of 18-month rule". The Irish Times. Retrieved 24 May 2018. ; Kenny, Ciara (10 February 2018). "Illegal emigrant voting: How #HometoVote could backfire". The Irish Times. Retrieved 24 May 2018.
  23. ↑ Honohan, Iseult (2011). "Should Irish Emigrants have Votes? External Voting in Ireland" (PDF). Irish Political Studies. 26 (4): 545–561 : p.14 of preprint. doi:10.1080/07907184.2011.619749. ISSN 0790-7184.
  24. ↑ "Coveney publishes an Options Paper on extending the eligibility for citizens resident outside the State to vote at presidential elections". MerrionStreet (Press release). Government of Ireland. 22 March 2017. Retrieved 23 April 2018. ; Ruth, Maguire. "Announcement by the Taoiseach on Voting Rights in Presidential Elections for Irish Citizens outside the State" (Press release). Department of the Taoiseach. Retrieved 2017-03-23. ; "Postal Voting". Written answers. KildareStreet.com. 17 April 2018. Retrieved 23 April 2018. the proposed referendum on extending the franchise at presidential elections to Irish citizens resident outside the State which it is intended will be held on the same date as the local and European elections in late May/early June 2019
  25. ↑ "Consolato Generale d'Italia in Londra". www.conslondra.esteri.it. Retrieved 2016-03-07.
  26. ↑ "Counting the overseas vote | The Japan Times". The Japan Times. Retrieved 2017-06-01.
  27. ↑ "Système électoral". Retrieved 2016-12-20.
  28. ↑ "Elections". www.gov.mt. Retrieved 2016-12-15.
  29. ↑ Ltd, Allied Newspapers. "Expats start online petition to 'let us vote while abroad'". Times of Malta. Retrieved 2016-12-15.
  30. ↑ "Supplementary registration of voters" (PDF). Namibian High Commission to the United Kingdom. Archived from the original (PDF) on 2016-03-30. Retrieved 12 April 2017.
  31. ↑ "Enrol and Vote from Overseas". Electoral Commission. Retrieved 2016-03-30.
  32. ↑ "Welcome to the Official Website of the Overseas Absentee Voting Secretariat". www.dfa-oavs.gov.ph. Retrieved 2017-06-01.
  33. ↑ "Constitution of the Republic of Portugal (official English translation)" (PDF). Retrieved 7 March 2016.
  34. ↑ "Conselho das Comunidades Portuguesas | Comissão Nacional de Eleições". www.cne.pt. Retrieved 2016-03-07.
  35. ↑ ELD. "Singapore Elections Department - Overseas Polling Stations". www.eld.gov.sg. Retrieved 2017-06-01.
  36. ↑ ELD. "Singapore Elections Department - Who Can Vote Overseas?". www.eld.gov.sg. Retrieved 2017-06-01.
  37. ↑ "Electoral Commission : How to register and vote abroad". www.elections.org.za. Retrieved 2016-12-21.
  38. ↑ "Spanish Constitution (unofficial English translation)" (PDF). University of Essex. Retrieved 7 March 2016.
  39. ↑ "Portal de la Ciudadanía Española en el Exterior: Secretaría General de Inmigración y Emigración.: Ciudadanía Española en el Exterior". www.ciudadaniaexterior.empleo.gob.es. Retrieved 2016-03-07.
  40. ↑ "Archived copy". Archived from the original on 2017-09-06. Retrieved 2017-11-05.
  41. ↑ "För utlandssvenskar". Valmyndigheten (in Swedish). Archived from the original on 2017-09-06. Retrieved 2017-09-10.
  42. ↑ "Voting and electoral rights". www.eda.admin.ch. Retrieved 2018-02-07.
  43. ↑ "Thibaut Jaulin, Geographies of external voting: the Tunisian elections abroad since the 2011 Uprising, Comparative Migration Studies, Springer 2016".
  44. ↑ Commission, The Electoral. "Overseas voters". www.aboutmyvote.co.uk. Retrieved 2016-03-07.
  45. ↑ "Government delivering on pledge to give back British expats the right to vote - GOV.UK". www.gov.uk. Retrieved 2018-03-07.
  46. ↑ "Chloe Smith writes about votes for life for British expats - GOV.UK". www.gov.uk. Retrieved 2018-03-07.
  47. ↑ "UK again vows to give Brits in France 'votes for life' but is it all too late?". 2018-02-09. Retrieved 2018-03-07.
  48. ↑ "Never Resided in the U.S." www.fvap.gov. Retrieved 2016-03-07.
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