Ad-Hoc Query on foreign resident inscription to municipal/local elections. Requested by LU EMN NCP on 20 th December 2011

Transcription

1 Ad-Hoc Query on foreign resident inscription to municipal/local elections Requested by LU EMN NCP on 20 th December 2011 Compilation produced on 3 rd February 2012 Responses from Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Hungary, Italy, Latvia, Lithuania, Luxembourg, Portugal, Slovak Republic, Spain, Sweden plus Norway (19 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information On 9 October 2011, the municipal elections took place in Luxembourg. For the first time, besides voting, third country- and EU-citizen nationals (fulfilling certain conditions) could stand in the local elections as candidates. The Luxemburgish government, through different institutions (specially the Luxembourgish Reception and Integration Office), deployed several campaigns to promote the registration of foreigners to electoral lists, so they could vote. Some of the municipalities went out of their way to raise foreigners awareness to register as voters (i.e. sending personalized letters or a door to door strategy). This campaign had a slightly positive effect but not the desired one. There is an on-going discussion if the registration of potential foreign voters (at least EU citizens) should be automatic, at least for municipal elections. It is important to bear in mind the Luxemburgish nationals are registered automatically when they become of age (18 years). EMN NCP LU would like to organize a workshop regrouping the principal actors in the field to try to analyse and evaluate not only the results of the elections and the past electoral campaigns, but also to provide recommendations for the next elections to be held in According to your national legislation, which are the preliminary voting conditions that a foreign resident will have to comply with in order to participate in municipal elections? 1 of 10

2 2. Is it possible under your legislation to register potential non-national voters automatically (who complies with the preliminary voting conditions)? a) If yes, what is the procedure? Is there a differentiation made between EU nationals and third country nationals? If not, what is the procedure? Is there a differentiation made between EU nationals and third country nationals? 2. Responses Wider Dissemination? Austria Yes 1. Regarding municipal elections (in Vienna: elections for regional representation), EU nationals are, in general, registered ex officio, thus automatically. In the Province of Burgenland, an ex officio registration only takes place in case the EU national was registered in another Austrian province before. In any other case, the EU national must apply for registration. Non-EU nationals have no voting rights. EU nationals do not have a passive electoral right in elections for regional representation in Vienna. (Source: 2. See above. Belgium Yes 1. All EU- citizens and TCN s are entitled to participate in municipal elections. Preliminary conditions EU-citizens (for the next municipal elections on 14 October 2012): a) Citizen of one of the other 26 MS b) 18 years of age at the day of the elections c) Registered in the national register or the register of foreigners since at least 1 August 2012 d) Enjoy political and civil rights on 14 October 2012 e) Registered in the voting lists no later than 31 July 2012 (For registration in the voting list a registration-form has to be submitted to the local authorities no later than 31 July The form is available at the local authorities and on the federal website for elections ( available in the three national languages French, Dutch and German). Preliminary conditions for TCN s (for the next municipal elections on 14 October 2012): a) Uninterrupted residence (residence permit) in Belgium for at least 5 years. b) Registered in the national register or the register of foreigners since at least 1 August 2012 c) 18 years of age at the day of the elections d) Registered in the voting list no later than 31 July 2012 (For registration in the voting list a different registration-form has to be submitted to the local authorities (same deadline). 2 of 10

3 Persons (EU-citizens and TCN s) who have been registered for the municipal elections in 2006 are automatically registered for the municipal elections in October 2012 and have not to request a new registration. Excluded (Belgian, EU-citizen, or TCN) from the active and passive right to vote are persons who are convicted of severe criminal offences. Suspended (Belgian, EU-citizen, or TCN) from the active and passive right to vote are persons, who are declared by a court as incapable to vote, persons with the status of prolonged minority, detained persons, persons who are convicted to imprisonment of more than 4 months (upon condition that no appeal is still possible and the punishment is not suspended) and persons who are placed at the disposal of the government. Voters in Belgium, Belgian citizen or not, are obliged to vote if enrolled in the voting lists. In violation of this obligation, fines can be imposed by a court. The concerning national legislation is in detail available as download at (in French): d ad8f2ed4ce) at the same website also available in German and Dutch 2. No. b) The voter (EU-citizen or TCN) has to be enrolled in the voting register. Therefore, s/he has to fill in the mentioned registration form, which is actually a request-form to be enrolled. The form can be sent in by post, , fax or in person. The mayor and the local council will review the request formally (check of fulfilling the preliminary conditions). After the examination the potential voter will receive a registered letter with the decision of the local council. In the positive case the voter will be enrolled in the voting register. In the negative case, the local authority has to motivate its denial. The concerned person may appeal the decision by registered letter to the local authority within 10 days. The local authority has to respond to the appeal within 8 days. In the case of a renewed refusal, the concerned person may appeal to the Court of Appeal. Bulgaria Yes 1. Right to be elected as a municipal councilor has every citizen of the European Union, which is not a Bulgarian citizen, has no citizenship in a country outside the European Union, has 18 years old on election day inclusive, has not been placed under guardianship, is not serving a sentence imprisonment, has the status of long-term or permanent residence in Bulgaria, lived before the scheduled elections in the municipality, is not deprived of the right to be elected in the Member State of nationality and with a written statement desire to be elected. No. Candidates for municipal councilors are offered for registration by the central leadership of political parties and coalitions. Right to state and registered independent candidate for municipal councillor are: in municipalities with a population of 50,000 to 250 voters of the municipality; in municipalities with a population of 100,000 to 500 voters of the municipality and in municipalities with a population over voters municipality. Registration list of municipal council members has to be submitted to the Municipal Election Commission no later than 30 days before Election Day. 3 of 10

4 Cyprus Yes Third country nationals are not entitled to vote in any Cypriot elections. All EU citizens living as residents in Cyprus are legally entitled to vote in: 1) Local Municipal Elections and 2) European Parliamentary Elections. Czech Republic Yes 1. EU citizen must be permanent resident in the Czech Republic and registered as voter to be entitled to vote in municipal elections. Third country nationals are not entitled to vote in any election. 2. No 2b. At least 2 days before the election day, the EU citizen shall apply for registration in the annex to the permanent list of voters. The application can be done in person at the municipal office or in writing. Estonia Yes 1. An alien who is of 18 years of age by the day of the elections and whose permanent place of residence, which has been entered into the Population Register, is at that municipality has the right to vote, if he or she has a long-term resident s residence permit or right of permanent residence. 2. Yes, records of voters are kept in the Population Register on the basis of following data: first and last name, date of birth, personal code, citizenship, in case of an alien information on the long-term resident s residence permit or right of permanent residence, grounds for divesting of legal capacity, information on place of residence. No differentiation is made between Estonian, EU and third country nationals and elector s cards are sent to all in similar manner. Finland Yes 1. Entitled to vote in municipal elections are: a) citizens of Finland or another Member State of the European Union as well as of Iceland and Norway who have reached the age of 18 not later than on the day of the election, and whose municipality of residence, as defined by law, is the municipality in question on the 51st day before election day, and b) other foreigners who have reached the age of 18 not later than on the day of the election, and whose municipality of residence, as defined by law, is the municipality in question on the 51st day before election day, and who at that time have had a municipality of residence in Finland for an uninterrupted period of two years. 2. Many rights in Finland are residence based. If the person has municipality of residence in Finland, he or she is usually entitled to rights under social security such as right to public health care. Also right to vote is engaged to determination of municipality of residence. A municipality of residence is determined to a foreigner who: -has permanent or continuing residence permit in Finland or, -a temporary residence permit issued for one year plus it is obvious that the foreigner s purpose is to live in Finland permanently a) citizens of other EU MS, Iceland, Liechtenstein, Norway or Switzerland who have registered their stay in Finland 4 of 10

5 b) is a family member to a person who has a municipality of residence in Finland Indicators or permanent stay are e.g. former municipality of residence in Finland; continuing work contract or a study place for a minimum of two years, or the person has resided in Finland temporarily yet continuously for at least one year. France Yes 1. In France, only EU nationals of or over the age of 18 years, enjoying their civil and political rights, can participate in municipal elections. 2. No. In France, the EU national has to present himself/herself to the municipality and to register to the voter list before the end of the year preceding the elections. He/she can also register by mail or by Internet. Germany Yes 1. According to Article 38, paragraph 2 German Basic Law every person in Germany, who is of German nationality and has reached the age of 18 is eligible to vote. An exception are municipal elections, in which also persons of a nationality of a EU-member state are eligible to vote and to be voted (Article 28, paragraph 2 German Basic Law). The right to vote are being regulated by the electoral laws of the German Federal States (Länder), for instance the minimum age for participation in local elections. 2. a) Citizens of an EU-member state will automatically be registered in electoral rolls ex officio for municipal elections. A right to vote in municipal elections for Third-country nationals does not exist. Hungary Yes 1. Every adult citizen of any other member state of the European Union who is a resident of Hungary shall have the right to be a voter as well as a candidate in the elections of local representatives and mayors, and of members of the European Parliament. Every adult person who is recognised as a refugee, immigrant or resident of Hungary shall have the right to be a voter in the elections of local representatives and mayors. Every elector may participate in the election of local representatives and mayors in the locality of his or her residence or registered address. Every elector may exercise his or her right to vote in the locality of his or her residence or registered address. No citizen of any other member state of the European Union who is a resident of Hungary shall have passive suffrage if he or she has been disenfranchised in his or her native country under any law, court or official decision of his or her state of citizenship. 2. In Hungary the register of voters-which is based on the citizens' personal data and address register as well the register of major citizens disfranchised - is composed by the head of the local electoral office. Italy Yes 1. Italian Constitution does not allow third country nationals to participate to elections. This participation is envisaged for EU nationals who, nevertheless, shall express their will to exercise the right to vote and prove, along with the residence, their electoral capacity in the 5 of 10

6 country of origin. 2. Not applicable. Latvia Yes 1. The Law on Elections of the Republic City Council and Municipality Council states that the citizen of Latvia who has reached the age of 18 on the day of the elections and who is registered in the Voters' Register has the right to elect the Council. A citizen of the European Union: - who has reached the age of 18 on the day of elections; - who is registered in the Voters' Register; - who has the right to vote in the Member State of the European Union of their citizenship has the right to participate in the Municipal elections. 2. According to the Population Register Law, Latvian citizens, non-citizens of Latvia, third-country nationals, who have received the residence permit in Latvia and the EU nationals who have received identification document in Latvia are registered in the Population Register. The Office of Citizenship and Migration Affairs 120 days before elections provide the information of registered citizens of Latvia and citizens of European Union to the respective Municipality. The Municipality is responsible to compare and update the information, if it has changed since the previous elections. If the potential non-national voter is registered in the Population Register, he/she is automatically registered in the Voters Register. The Office of Citizenship and Migration Affairs ensure that the letter with information regarding the polling station in the electoral roll of which voter has been included 70 days before the elections had been send by post to the voters residential address in Latvia and ensure that information is available in internet as well. The third-country nationals don t have the rights to vote in Municipality elections. Lithuania Yes 1. In order to stand as a candidate in elections to a municipality council, the foreigner must be a permanent resident of the municipality and be at least 20 years old. A foreigner is considered to be a permanent resident of the municipality, if s/he has the right of permanent residence in Lithuania and who has declared that his place of residence is in that municipality. 2. Yes. The preliminary voters lists are formed according to the data of the Residents register. This register contains information on all the legal residents of Lithuania Lithuanian citizens, EU citizens and third-country nationals. Afterwards the preliminary voters lists can be corrected by electoral commissions if some new information is obtained. At least 25 days prior to the elections the voters are given the possibility to check their data and make sure that their data in voters lists are correct. In order to do that the voters must personally present themselves to the electoral commissions or they can call by phone (there is a dedicated 6 of 10

7 short number). Prior to the elections, the voters obtain voter s cards information on the date and place of the elections. The voter s cards are disseminated by the electoral commissions, but it is also possible for voters to print them from the website of the Central Electoral Commission. In order to obtain the card, the voter must enter his/her personal code, name, surname and the number of his/her passport or identity card. The system checks his/her data in the Residents register and forms the voter s card. Luxembourg Yes 1. In Luxembourg EU nationals and Third country nationals must have resided in the country for a minimum of 5 consecutive years at the moment of their registration in the voter lists. 2. No. In Luxembourg there is no automatic registration. The foreigner has to present himself/herself to the municipality and register in the voter list at least 86 days before the election. Portugal Yes 1. Foreign nationals legally resident in Portugal have voting rights, as follows (local elections): a) after three years of legal residence, on grounds of reciprocal rights (voting rights granted to Portuguese citizens resident in the country concerned). b) after two years of legal residence, for nationals of Portuguese-speaking countries, on grounds of reciprocal rights. Specifically in the case of Brazilian citizens there are two statutes: - Brazilian citizens with special status of equal political rights are entitled to vote for the Parliament, Regional Legislative Assemblies and Local Governments; - Brazilian citizens with general status of equal rights and duties are entitled to vote in local elections only. c) EU citizens, on grounds of reciprocal rights. For the European Parliament, they must do a formal statement that they shall not vote for this EU institution in the country of nationality. 2. No. Voting registration of foreign citizens residing in Portugal is voluntary; this registration must be promoted by the applicant. Slovak Republic Yes The elections in Slovak Republic are performed on the basis of universal, equal and direct suffrage by secret ballot. They must be in line with the Constitution of the Slovak Republic and the following electoral acts: Act No. 333/2004 Coll. on Elections to the National Council of the Slovak Republic (citizens of the Slovak Republic only) Act No. 346/1990 Coll. on Elections to Municipal Self-Administration Bodies (foreigners with permanent residence) Act No. 46/1999 Coll. on the Method of Election of the President of the Slovak Republic (citizens of the Slovak Republic only) Act No. 303/2001 Coll. on Elections into bodies of Self-Government Regions (citizens of the Slovak Republic and foreigners with permanent residence in the municipality belonging to the respective self-government region) 7 of 10

8 In general, foreigners with permanent residence in Slovakia are granted a right to vote and to be elected to the self-governing bodies of the upper-tier territorial units / municipalities, but cannot vote in the elections to the National Council of the Slovak Republic (parliament). 1. To vote in the Slovak municipal election a foreigner must be 18 years old on election day and must have the permanent residence in the village or town of the Slovak Republic. Active and passive right to vote is suspended in the following cases: imprisonment and a loss of a legal capacity. To be elected as a member of a muncipal body a foreigner has to be able to vote and there must not be any impediment to his/her election rights. To be elected as a chairperson of the village or town a foreigner must be at least 25 years of age on election day and there must not be any impediment to his/her election rights. 2. To vote in the Slovak regional election a foreigner must have the permanent residence in the town/village belonging to the selfgoverning district, in which the election takes place. The election rights are suspended in the following cases: imprisonment and a loss of a legal capacity. To be elected as a member of a self-governing body one has to be able to vote, to have a permanent residence in the district where he/she stands for election, and there cannot be any impediment to his/her election rights. To be elected as a chairperson of the self-governing body one has to be able to vote, must be at least 25 years of age on election day and there cannot be any impediment to his/her election rights. You can find more information about the elections and election process in the Slovak Republic on the Ministry of Interior website (in Slovak only) Elections and referendum or on the website of the IOM Migration Information Centre (in English and Slovak). 3. In the Slovak Republic there is no automatic registration. On the election day, a foreigner has to present himself/herself with the permanent residence card to the electoral commission which will then register him/her in the voters list. Spain Yes 1. Article 13 of the Spanish Constitution recognises the right to vote as established in Article 23 to foreign residents: Only Spaniards shall have the rights recognized in Article 23 except that which, in keeping with the criteria of reciprocity, may be established by treaty or law for the right to active and passive suffrage in municipal elections. Therefore, there is a provision in Article 6.1 of the Aliens Act which establishes that foreign residents in Spain may have the right of suffrage, in municipal elections, in the terms established in the Constitution, in international treaties, when appropriate, and by law. According to Article 176 of the Organic Law 5/1985, 19 June, of the General Electoral System, foreign persons residing in Spain whose 8 of 10

9 country allows Spanish residents to vote at similar elections by virtue of a treaty or at European Communities elections, shall be entitled to vote as electors at local council elections. During 2011 two new agreements on reciprocal participation in municipal elections came into force: one with Cape Verde (which came into force on 1/1/2011 and was published in the Official Government Bulletin - BOE - on 13/01/2011) and one with the Republic of Korea (which came into force on 01/07/2011 and was published in BOE on 05/07/2011). These agreements are in addition to the existing ones with Colombia, Peru, Iceland, Ecuador, Chile, Paraguay, New Zealand, Bolivia and Norway. Additionally, all residents in Spain, not having acquired the Spanish nationality, are granted with the right to vote in local elections with the following requirements: - To be an EU citizen according to Article 20 of the Treaty on the Functioning of the European Union. - To comply with the rest of legal requirements as demanded to the Spanish citizens and to declare his/her will to vote in Spain. According to Article 1.2 of the Ministerial Order EHA/2264/2010, 20 July, the right to be registered in the Electoral Register is granted to residents who fulfil the following requirements: a. To be over the age of 18 and not being deprived of the right to vote. b. To be registered in the Municipal Population Register. c. To be granted with a residence permit in Spain. d. To be a legal resident in Spain for the required time in the corresponding Treaty (5 years at the moment of the application of registration in the Electoral Register, and for Norwegian citizens, 3 years the day of the polls). e. Comply with the rest of the requirements established in the corresponding Treaty. 2. No. According to Article 32 of the said Organic Law registration in the Electoral Register is compulsory and City Councils shall process ex officio to registration of persons residing within their boundaries. Besides, the Government will communicate to the Office of the Electoral Register the list of Foreign Countries whose nationals must be registered in the Electoral Register. EU Citizens residing in Spain may vote in local elections. To be included in the electoral lists, which is an essential requirement to vote, they must be registered within the Electoral Register. The requirements to be registered in the Electoral Register are: be registered in the Municipal Population Register, to be over the age of 18 at the moment of the poll and to declare the will to vote in local elections. The expression of the will to vote in Spain has a permanent nature while the EU citizen resident stays in Spain, except where otherwise agreed. According to Article 2 of the Ministerial Order EHA/2264/2010, 20 July, foreigners must submit the application for registration in the Electoral Register, when they comply with the required conditions. 9 of 10

10 Sweden Yes 1. The right to vote in elections to county councils and municipal councils is possessed by Swedish citizens who attain the age of 18 years not later than on election day and who are registered for population purposes within the county council area or municipality concerned. Citizens of the European Union and citizens of Iceland and Norway also have the right to vote subject to the same conditions. Other foreign citizens have the right to vote if they have been registered residents in Sweden for a continuous period of three years before Election Day. 2. The right to vote is connected to registration of residence so it is automatic. The only difference is that citizens of the European Union and Iceland and Norway are entitled to vote immediately when they move into the municipality while other citizens must have lived in Sweden for three years before they are entitled to vote. Norway Yes 1. To be eligible to vote in municipal and county council elections voters have to have lived in Norway for at least three years. No distinction is made between citizens of EU member countries and citizens of other countries, except that citizens from the Nordic countries need only to have lived in Norway since June 30th the year of the election. The right to vote for foreigners with three years of residence was introduced in The most recent local elections were in September The electoral register is based on the Central Population Register, where everyone should register who intend to reside in Norway for 6 months or more ************************ 10 of 10