Non-citizen suffrage

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Suffrage, the right to vote in a particular country, generally derives from citizenship. In most countries, the right to vote is reserved to those who possess the citizenship of the country in question. Some countries, however, have extended suffrage rights to non-citizens. Suffrage rights extended to non-citizens are often restricted or limited in some ways, with the details of the restrictions or limitations varying from one country to another.

Overview

In some cases, the United States being one such case, some subnational entities have granted voting rights to non-citizens. Conceptions of subnational citizenship have been reasons to grant this right to those normally excluded from it. Other countries have granted voting rights to non-citizens who hold citizenship of a country which is a fellow member of a supranational organization (e.g. members of the European Union). In a few cases, countries grant voting rights to citizen and nonitizens alike.

In a 2003 paper, David C. Earnest (then a graduate research assistant at at George Washington University) surveyed practice of voting rights for resident aliens (or immigrants), concluding that although the practice is surprisingly widespread, the details varied considerably from country to country.[1] In another paper, Earnest compared voting rights for resident aliens in 25 democracies, grouping them into five categories as follows:[2]

  • 0: No rights (Australia by grandfathered franchise after 1984, Austria, Belgium, Costa Rica, Denmark before 1977, Finland before 1981, France, Germany except for 1989-90, Greece, Ireland before 1962, Italy, Japan, the Netherlands before 1979, Norway before 1978, Spain before 1985, Sweden before 1976, the United Kingdom before 1949, and the United States before 1968).
  • 1: Rights granted only by subnational governments (Canada from 1975 to the present; West Germany in 1989, the Netherlands from 1979 to 1981, Switzerland from 1960 to the present, and the United States from 1968 to the present).
  • 2: Local rights, discriminatory (Denmark from 1977 to 1980; Finland from 1981 to 1990; Israel from 1960 to the present; and Norway from 1978 to 1981).
  • 3: National rights, discriminatory (Australia from 1960 to 1984, Canada from 1960 to 1974, Ireland from 1985 to the present, New Zealand from 1960 to 1974, Portugal, the United Kingdom).
  • 4: Local rights, nondiscriminatory (Denmark after 1980, Finland after 1990, Hungary, Ireland 1963 to 1984, the Netherlands after 1981, Norway after 1981, Spain after 1985, Sweden after 1976).
  • 5: National rights, nondiscriminatory (New Zealand after 1975; Uruguay for 15 years-resident, since 1952)

After receiving his Doctorate in 2004, Dr. Earnest published a further paper examining the political incorporation of aliens in three European democracies: Germany, Belgium and the Netherlands.[3]

Supranational groupings

A number of separate supranational groupings of countries exist, and membership in some of these groupings may involve multinational agreements and treaties in which member countries agree to some degree of reciprocity regarding voting rights. Some individual countries are members of more than one supranational groupings, and some supranational groupings of countries are members of other supranational groupings of countries.

European Union (EU)

The 1992 Maastricht Treaty imposed reciprocity inside the European Union concerning voting rights in local elections; this already existed for the European elections. In several European states, the public debate on the right of foreigners to vote was therefore renewed, as some foreign residents had the right to vote (European foreign residents) while others, non-Europeans, did not. As a result of this debate, Luxembourg, Lithuania, Slovenia and Belgium extended the right to vote, in different manners, to all foreign residents (which was already the case in Sweden, Denmark, Finland and Netherlands).

The European Parliament, the Council of Europe and the Baltic Sea States Conference[4] have produced various recommendations in favor of the introduction of the right to vote and of eligibility to all foreign residents in local elections. The 1992 Convention on the Participation of Foreigners in Public Life at Local Level[5] from the Council of Europe, is opened to signatures and ratifications.

Commonwealth of Nations (CN)

The Commonwealth of Nations (CN), usually known as the Commonwealth and formerly as the British Commonwealth, is a voluntary association of over 50 independent sovereign states, most of which are former possessions of the British Empire. In some of its members, voting rights are extended to citizens of other members, recognising their previous shared nationality status as British subjects.

Individual national cases

Australia

(CN member) National voting rights were granted to British Commonwealth citizens from 1960 to 1984.[2] In 1984, 1947 legislation which had allowed non-citizen voting was repealed, but voters registered before 1984 retained their voting rights.[6]

Austria

(EU member) In 2002, non-citizens were granted voting rights in local elections in Vienna [6], but the decision was overturned by the Constitutional Court in June 2004 [7]

Barbados

(CN member) As of 1990, citizens of the British Commonwealth can vote in national elections.[6]

Belgium

(EU member) European Union residents in Belgium were given the right to vote and to be candidates for the 1994 European Parliament election, then for the 2000 Municipal elections. They had however first only the right to be elected as municipal councillors, not at the executive level (schepen/alderman or burgomaster/mayor), the alderman level was only opened for them from the 2006 Municipal elections, the mayor level may not be opened to them because it includes a function of administrative police. In conformance with EU regulations, EU residents are submitted to the same residence conditons as Belgian nationals, i.e. residence in the commune at the closure date of the electoral roll (July 31 for the municipal elections).

In 2004, voting rights in municipal elections were extended to non-European Union foreigners living in Belgium, with certain conditions attached.[3] Non-EU foreigners must have been living in Belgium for at least five years before becoming entitled to vote. Any non-EU foreigner who wants to take advantage of the new legislation must also sign an oath of allegiance to the Belgian constitution, formally agree to respect the country’s laws and sign the European Convention on Human Rights. Also, non-EU foreigners are not allowed to stand as candidates.[8]

As voting is compulsory in Belgium, and all electors are automatically on the electoral rolls (extracted from a computerized National Register [9]), foreign residents have to enlist voluntarily on the electoral roll, then only they are submitted to the compulsory vote. At the 2006 Municipal elections, only 20.9 % (110,973 out of 529,878) of the potential EU voters enlisted (17.6 %, or 87,858 out of 498,315 at the 2000 Municipal elections [10]), and 15.7 % (17,065 out of 108,607) of the potential non-EU voters. [11]

Belize

(CN member) National and local voting rights are granted for three-year residents.[6]

Bolivia

In 1994, the constitution was changed to allow non-citizens to vote in local elections. As of 2007, this has not been implemented.[6]

Brazil

Non-citizen voting is allowed for Portuguese citizens only.[6]

Canada

(CN member) Voting rights at the federal level in Canada are exclusively limited to Canadian citizens. [12]

British Columbia

The 1984 Election Amendment Act (Bill 20) put an end to the faculty of inscription on the electoral rolls of British citizens in British Columbia. [13]

Ontario

The 1985 Equality Rights Statute Law Amendment Act put an end to municipal and scholar elections voting rights for British citizens in Ontario. Those who could vote before the Act kept their voting rights up to July 1 1988, the legal waiting period for the introduction of a request for naturalization. [14]

Cape Verde

Non-citizen voting is allowed for Portuguese citizens only.[6]

Chile

In 1989, non-citizens were granted voting rights in local and national elections.[6]

Colombia

In 1991, the constitution was changed to allow noncitizens to vote in local elections, but the changes were not immediately implemented.[6] On July 31, 2006, Colombia approved voting by foreigners for mayors and city council elections. To vote, foreigners must have been residents of Colombia for 5 years and must register with the electoral authorities. Voting is not compulsory and voting aliens have the same voting-related privileges citizens would.[15]

Czech Republic

(EU member) In December 2001, voting rights in local elections were approved for "any natural person who has reached the age of 18, is a citizen of a foreign country and has permanent residence registered in the municipality, if an international treaty by which the Czech Republic is bound and which has been promulgated so stipulates." [16] In November 2002, only EU nationals benefited from such a treaty [17] . An Act on elections to the European Parliament was adopted in March 2003.

Denmark

(EU member) Voting and eligibility rights were granted to Nordic Passport Union country citizens with a 3 years residence condition for municipal and county elections in 1977. These rights were extended to all foreign residents in 1981. In 1995, the 3 years residence requirement was abolished for EU residents, in conformity with the European legislation, and also for Nordic residents [18].

Estonia

(EU member) Article 156 of the 1992 Estonian Constitution states that "Any person who has reached the age of 18 and resides permanently in the territory of that local government will have the right to vote in accordance with the Constitution and the law.". In 1996, all foreign residents were granted voting, but not eligibility, rights, for municipal elections with a 5 years residence condition [18]. In March 2002, a new Local Government Elections Act was adopted to conform with European legislation, granting EU residents the same voting and eligibility rights for municipal elections [19].

Finland

(EU member) Voting and eligibility rights were granted to Nordic Passport Union country citizens without residence condition for municipal elections in 1981. These rights were extended to all foreign residents in 1991 with a 2 years residence condition. In 1995 (Law 365/95, confirmed by Electoral Law 714/1998), the residence requirement was abolished for EU residents, in conformity with the European legislation [18]. Section 14, al. 2 of the 2000 Constitution of Finland states that "Every Finnish citizen and every foreigner permanently resident in Finland, having attained eighteen years of age, has the right to vote in municipal elections and municipal referendums, as provided by an Act. Provisions on the right to otherwise participate in municipal government are laid down by an Act." [20]

France

(EU member) In France, the Socialist Party has been talking about it since the early 1980s (it was the 80th proposition of the 110 Propositions for France electoral program of 1981), but it wasn't until the late 1990s-early 2000s that some local referendums on the subject were organized, for example by the mayor of Saint-Denis, Didier Paillard (Communist Party). The Cergy administrative court ruled in 2006 that the referendums were not legally binding. The law remained though.[21][22]

Germany

(EU member) In 1989, the states of Schleswig-Holstein approved local voting rights for Danish, Irish, Norse, Dutch, Swedish, and Swiss 5-year residents; state of Hamburg approved local voting for 8-year residents; West Berlin passed local voting for 5-year residents. All were struck down by constitutional court in 1990.[6][3]

Hong Kong Special Administrative Region

Voting is a relatively recent right in Hong Kong, initiated only towards the end of the British colonial period (1842-1997) and enlarged somewhat after the handover to the People’s Republic of China. For this “special administrative region” of China, the right to vote is not tied to citizenship. Chinese citizenship, after all, does not entitle persons to cross the border from the mainland and settle in Hong Kong, which controls its own borders and immigration policies independently from Beijing. Instead, the right to vote arises from a person’s permanent residence in Hong Kong, which is a distinct concept from the person’s citizenship.

Non-citizen eligibility to vote, then, is closely related to Hong Kong’s immigration laws and cannot be separated from the movement for universal suffrage and direct election of the chief executive. While voting by persons holding foreign passports has gone largely unchallenged, there is some indication that increasing appeals to patriotism may make non-citizen voting an issue of debate in the future. [23]

Hungary

(EU member) In 1990, permanent residents were allowed to vote in local elections. This was revised in 2004 to limit non-citizen voting to EU nationals.[6]

Iceland

Voting and eligibility rights were granted to Nordic Passport Union country citizens with a 3 years residence condition for municipal elections in 1986. These rights were extended to all foreign residents in 2002 with a 5 years residence condition [18].

Ireland

(EU member) National voting rights have been granted to British Commonwealth citizens from 1985 onwards.[2][6]

Non-Irish (including non-EU) citizen adults can now vote in local elections in Ireland if they are registered residents of their locality.[24]

  • British citizens may vote at Dáil elections, European elections and local elections.
  • Other European Union (EU) citizens may vote at European and local elections.
  • Non-EU citizens may vote at local elections only.
  • You must be registered at one address only and you must live at that address on 1 September before the register comes into force.

Israel

In 1950, non-citizen voting rights in local elections were granted for Jewish residents only.[6] Some voting rights have been granted to citizens of certain other countries by subnational governments from 1960 onwards.[2]

Italy

(EU member) In 2004, an Associated Press story reported that Immigrants living in Rome had voted to elect city and district representatives from their own ranks in the first such election there.[25]

Japan

In 2000, legislation to supersede a 1995 supreme court ruling against non-citizen voting rights was considered , but did not pass.[6]

Korea

Revisions to voting laws in 2005 allow foreign nationals aged 19 years and older who have lived in Korea for more than three years after obtaining permanent resident visas to vote in local elections.[26]

Lithuania

(EU member) In 2002, EU nationals were granted local voting rights.[6] In order to achieve this, an amendment to the constitution was adopted in June 2002 and an amendment of the Law on elections to municipal councils was adopted in September 2002. A Law on elections to the European Parliament was adopted by the parliament in November 2003.

Luxembourg

(EU member) In 2003: local voting were granted with no nationality restrictions.[6]

Malta

(EU member) A Bill to make provision for participation of EU citizens to local elections and a Bill to make provision for holding of elections to the European Parliament were adopted in November 2003.

Netherlands

(EU member) In 1979 non-citizens were allowed to vote in local elections in Rotterdam. This was expanded nationwide in 1985. (though necessary reforms meant aliens did not vote in local elections until 1986).[2][3][6]

New Zealand

(CN member) National voting rights were granted to some non-citizens from from citizens from 1960 to 1974]], and without discrimination from 1974 onwards.[2][6]

Norway

Voting and eligibility rights were granted to Nordic Passport Union country citizens with a 3 years residence condition for municipal and county elections in 1978. These rights were extended to all foreign residents in 1983. The voters enrolment is automatic. As a consequence of the 1983 extension, a 1990 bilateral treaty between Norway and Spain granted voting rights in Spain for Norwegian citizens [18].

Portugal

In 1976, some non-citizens were allowed to vote in national and some local elections[2][6] this was expanded in 1997 to all 3-year residents.[6]

Slovenia

(EU member) On May 29 2002, the Slovenian Parliament passed amendments to the Law on Local Elections which gave voting rights in local elections to all foreigners with a permanent residence in Slovenia. In addition to electing local council representatives and mayors, foreigners with a permanent residence are also enabled to run for the position of local councillor [27]. The voting rights of foreigners are based on Article 43 of the Constitution of Slovenia which states that a law may be used to determine the cases and conditions in which foreigners may vote.

The persons who are entitled to vote and to be elected as members of the National Council (upper house of the Slovenian Parliament) as a representative of employers, employees, farmers, small businesses and independent professionals, and non-profit making activities (functional interests) are those who perform a corresponding activity or who are employed. National Council members belonging to these interest groups may be elected by foreigners under the same conditions as the citizens of Slovenia, i.e. that they are performing a corresponding activity or are employed in Slovenia. However, they may not be elected as National Council members. People with permanent residence in a constituency are entitled to vote and to be elected as members of the National Council, representing local interests [28] [29].

Slovakia

(EU member) In 2002, local voting rights were granted for 3-year residents.[6]

Spain

(EU member) National voting rights are granted to citizens of countries which reciprocate by granting voting rights to Spanish citizens, i.e. the EU member states and Norway.[2][6]

Sweden

(EU member) Voting and eligibility rights were granted to all foreign residents with a 3 years residence condition for municipal and county elections in 1975. The 3 years reside condition was suppressed in 1997 for residents from EU (in conformity with the European legislation) and the Nordic Passport Union. The voters enrolment is automatic [18].

Switzerland

Some voting rights have been granted to non-citizens by subnational governments, the first being Neuchâtel in 1849, then Jura in 1978 and several others afterwards.

Because Switzerland is a federal state with three different levels – the Confederation, the 26 cantons and their local communes – non-citizen voting rights vary greatly depending on the individual entity. Foreigners may not cast ballots on the national level, but they may be entitled to vote and, in some cases, to run for office on the cantonal or communal level. Five cantons have already recognized the right of foreigners to vote (Neuchâtel, Jura, Vaud in 2003, Fribourg in 2004, Genève in 2005), plus three, Appenzell Ausserrhoden (1995), Graubünden (2003) and Basel-Stadt (2005) which accords to each municipality the authority to decide on the subject. Some referendums unsuccessfully took place in other cantons.[30] [2] [31] [6]

United Kingdom

(CN and EU member) Since 1949, the United Kingdom, citizens of the Commonwealth countries and of the Republic of Ireland have had full voting rights at all levels and can be candidates, as they could before 1949 as British subjects; they are not regarded in law as aliens.[2][6]

United States

Main article: Right of foreigners to vote in the United States

More than 20 states or territories, including colonies before the Declaration of Independence, admitted foreigners' right to vote for all elections. Some voting rights at a local level have been granted to non-citizens by State governments from 1968 onwards.

Uruguay

Since 1952, 15-year residents have had national voting rights.[2][6]

Venezuela

In Venezuela, the right to vote in municipal, parish (county), and state elections extends to foreigners over the age of eighteen who have ten years’ residency or more in the country. The provision for non-citizen voting appears in Article 64 of the Venezuelan Constitution of 1999, and has its constitutional roots in a 1983 Amendment to the previous Constitution of 1961. [32] In 1983, 10-year residents were granted the right to vote in local and state elections.[6]

References

  1. ^ Earnest, David C. (August 29, 2003). "Noncitizen Voting Rights: A Survey of an Emerging Democratic Norm" (pdf). Old Dominion University. {{cite journal}}: Check date values in: |date= (help); Cite journal requires |journal= (help)
  2. ^ a b c d e f g h i j k Earnest, David C. (November 7, 2003). "Voting Rights for Resident Aliens: A Comparison of 25 Democracies" (pdf). Old Dominion University. {{cite journal}}: Check date values in: |date= (help); Cite journal requires |journal= (help)
  3. ^ a b c d Earnest, David C. (5 March 2005). "Political Incorporation and Historical Institutionalism: A Comparison of the Netherlands, Germany and Belgium" (pdf). Old Dominion University. {{cite journal}}: Check date values in: |date= (help); Cite journal requires |journal= (help)
  4. ^ Voting Rights and the Right to Stand for Public Office, Council of the Baltic Sea States, February 1996
  5. ^ 1992 Convention on the Participation of Foreigners in Public Life at Local Level
  6. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z "Immigrant Voting Project - Global Resident Voting Timeline". immigrantvoting.org. Retrieved 2007-06-09.
  7. ^ La Lettre de la citoyenneté (ed.). "La Cour constitutionnelle a annulé fin juin la loi adoptée en décembre 2002" (in French). Retrieved 2007-12-06. {{cite web}}: Unknown parameter |Date= ignored (|date= suggested) (help)("The Constitutional Court rejected on the end of June the law adopted in December 2002")
  8. ^ "Belgium grants all expats local election voting rights". www.expatica.com. 20 February 2004. Retrieved 2007-06-07. {{cite web}}: Check date values in: |date= (help)
  9. ^ "Des registres de population vers un Registre national des personnes physiques, 05/07/2007". SPF Intérieur - Registre National. 5 July 2007. Retrieved 2007-12-04. {{cite web}}: Check date values in: |date= (help)
  10. ^ "Statistiques pour les Européens". M.I.B.Z. Direction Elections. 14 August 2000. Retrieved 2007-12-04. {{cite web}}: Check date values in: |date= (help)
  11. ^ "Statistiques officielles des électeurs (Situation au 1 août 2006)". Direction générale Institutions et Population. August 2006. Retrieved 2007-12-04. {{cite web}}: Check date values in: |date= (help)
  12. ^ "Canada Elections Act - Part one - Electoral rights - article 3". Elections Canada. 22 June 2007. Retrieved 2007-12-04. {{cite web}}: Check date values in: |date= (help)
  13. ^ "British Columbia, Official Report of Debates of the legislative Assembly (Hansard), Tuesday, May 8, 1984 Morning Sitting". Hansard Services, Victoria, B.C., Canada. 20 May 1984. Retrieved 2007-12-04. {{cite web}}: Check date values in: |date= (help)
  14. ^ "Equality Rights Statute Law Amendment Act], Legislative Assembly of Ontario L005 - Tue 11 jun 1985 - Mar 11 jun 1985" (html). Retrieved 2007-12-04.
  15. ^ "Por medio de la cual se reglamenta el voto de extranjeros residentes en Colombia" (pdf) (in Spanish). Retrieved 2007-06-07.(" By means of which the vote of resident foreigners in Colombia is regulated ")
  16. ^ ACT of 12th April 2000 on Municipalities (Establishment of Municipalities), retrieved 2007-12-10 {{citation}}: Check date values in: |accessdate= (help)
  17. ^ foreign residents and voting rights for the municipal elections - mail exchange with an official of the Czech Ministry of Interior, retrieved 2007-12-10 {{citation}}: Check date values in: |accessdate= (help)
  18. ^ a b c d e f Waldrauch, Harald (2003), "Electoral rights for foreign nationals: a comparative overview of regulations in 36 countries" (PDF), National Europe Centre Paper (No. 73), European Centre for Social Welfare Policy and Research (Vienna), retrieved 2007-12-10 {{citation}}: |issue= has extra text (help); Check date values in: |accessdate= (help); More than one of |author= and |last= specified (help); Unknown parameter |month= ignored (help)
  19. ^ Towards the first European Parliament "enlarged elections" : participation of a further one million EU citizens living in outside their home country successfully guaranteed, The European Commission (Press release), January 2 2004, retrieved 2007-12-10 {{citation}}: Check date values in: |accessdate= and |date= (help)
  20. ^ The Constitution of Finland (PDF), June 11 1999, retrieved 2007-12-10 {{citation}}: Check date values in: |accessdate= and |date= (help)
  21. ^ "Noncitizen voting around the world: - France". immigrantvoting.org. 27 march 2006. Retrieved 2007-06-08. {{cite web}}: Check date values in: |date= (help)
  22. ^ "Les habitants de Saint-Denis favorables au droit de vote des étrangers aux élections locales" (in French). Le Monde. 27 March 2006. Retrieved 2007-06-08. {{cite web}}: Check date values in: |date= (help)
  23. ^ Sonia Lin. "Non-Citizen Voting in Hong Kong". immigrantvoting.org. Retrieved 2007-06-08.
  24. ^ "Noncitizen voting around the world: Ireland". immigrantvoting.org. Retrieved 2007-06-07.
  25. ^ "Noncitizen voting around the world: Italy". immigrantvoting.org. Retrieved 2007-06-08.
  26. ^ Kim Rahn (31 May 2006). "Foreigners Cast Ballots for 1st Time". The Korea times, quoted by immigrantvoting.org. Retrieved 2007-06-08. {{cite web}}: Check date values in: |date= (help)
  27. ^ Constitutional Watch - Slovenia, East European Constitutional Review, Volume 11 Number 3, Summer 2002, retrieved 2007-12-10 {{citation}}: Check date values in: |accessdate= and |date= (help)
  28. ^ The National Council Act (Off. Gaz. RS, No. 44/1992), The National Council of the Republic of Slovenia, retrieved 2007-12-10 {{citation}}: Check date values in: |accessdate= (help)
  29. ^ Election of the National Council, The National Council of the Republic of Slovenia, retrieved 2007-12-10 {{citation}}: Check date values in: |accessdate= (help)
  30. ^ "Immigrant voting rights in Switzerland". immigrantvoting.org. Retrieved 2007-06-08.
  31. ^ fr:Droit de vote des étrangers en Suisse
  32. ^ Ellen Van Scoyoc. "Immigrant voting rights in Venezuela". immigrantvoting.org. Retrieved 2007-06-08.
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