Voting rights for non-citizens
Non-citizen suffrage is the extension of the right to vote (suffrage) to non-citizens. This right varies widely by place in terms of which non-citizens are allowed to vote and in which elections, though there has been a trend over the last 30 years to enfranchise more non-citizens, especially in Europe.
Overview.
In many countries, some subnational entities have granted voting rights to non-citizens. 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 or other governmental entities grant voting rights to citizens and non-citizens alike.
In a 2003 paper, David C. Earnest (then a graduate research assistant at George Washington University) surveyed practice of voting rights for resident non-citizens (or immigrants), concluding that the practice is widespread and the details varied considerably from country to country. In another 2003 paper, Earnest compared voting rights for resident noncitizens in 25 democracies, grouping them into six categories as follows:
After receiving his doctorate in 2004, Earnest published a further paper examining the political incorporation of noncitizens in three European democracies: Germany, Belgium and the Netherlands.
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 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 from the Council of Europe, is opened to signatures and ratifications. Then there is the Council Directive 94/80/EC from the 19th of December 1994 defining to which political organs other EU citizen can vote.
Commonwealth of Nations.
The Commonwealth of Nations, usually known as the "Commonwealth" and formerly as the "British Commonwealth", is a voluntary association of 54 independent sovereign states, most of which are former colonies of the British Empire. A few Commonwealth countries, including the United Kingdom itself, allow Commonwealth citizens (formerly "British subjects") voting or eligibility rights at all levels, either with or without specific restrictions not applying to local citizens: Antigua and Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Malawi (all foreign residents, not only Commonwealth citizens), Mauritius, Namibia (all foreign residents, not only Commonwealth citizens), New Zealand (all foreign residents, before 1975 only Commonwealth citizens), Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines.
By country.
Antigua and Barbuda.
Commonwealth citizens may vote and are eligible for parliamentary elections, but "allegiance to a foreign State" is a criterion for ineligibility.
Argentina.
Though foreign residents cannot vote in national elections (president and vice–president and national legislators), they can vote in provinces which have legislation to allow foreigners to vote in provincial/municipal elections. To exercise this right it is a preliminary requirement to know the corresponding provincial legislation. Nevertheless, in all cases it is mandatory for the foreign resident to count with a National Identity Document (DNI) and to be enrolled in a special register set up for that purpose.
Article 61 of the Constitution of the city of Buenos Aires states that ""Suffrage is free, equal, secret, universal, compulsory and not accumulative. The foreign residents enjoy this right, with the correlative obligations, on equal terms with Argentine citizens registered in this district, in the terms established by the law"."
In 2012, there was a law proposal by the government to grant voting rights for all elections to legal foreign residents, as in Chile and Uruguay but with a residency requirement of 2 years. It was presented by Justicialist Party senators Aníbal Fernández and Elena Corregido. A similar proposal had been rejected by the National Congress in 1890, reportedly due to concerns for anarchist and socialist immigrants.
Australia.
All British subjects who were enrolled to vote in Australia before 26 January 1984 retain voting rights at federal and state elections in Australia. As of that date, the right of other British subjects to enrol to vote was abolished. A right to vote has been grandfathered: a British national who was enrolled to vote before 26 January 1984 can re-enrol at any time, even if his/her enrolment has lapsed subsequently for any reason. British nationals on the electoral roll, like all other people enrolled to vote in Australia, are subject to compulsory voting.
In most cases, local government electoral rolls in Australia are open to all adults, including non-citizens, who meet other criteria – such as residency requirements.
Before 26 January 1949, people born in Australia were known under Australian law as "British subjects", and there was no legal distinction between them and other British subjects. From 1949, anyone born in Australia was officially termed an Australian citizen, although British subjects retained voting rights in Australia.
Austria.
(EU member) In 2002, non-citizens were granted voting rights in state elections in Vienna, but the decision was overturned by the Constitutional Court in June 2004. EU nationals may vote and stand for office in local elections (in Vienna only at borough level, because Vienna is a state of Austria and the Gemeinderat and Landtag of Vienna both consist of the same members).
Barbados.
As of 1990, Commonwealth citizens may vote for parliamentary elections with a 3 years residency requirement.
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. At first they only had the right to be elected as municipal councillors, not as members of the executive (schepen/alderman or burgomaster/mayor); from the 2006 municipal elections they could access the function of alderman; they still cannot access the function of mayor, because it includes responsibility for the local police force. In accordance with EU regulations, EU residents are subject to the same residence conditions 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. 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.
As voting is compulsory in Belgium, and all electors are automatically on the electoral rolls (extracted from a computerized National Register), foreign residents have to register voluntarily on the electoral roll, and only then are they subject to the obligation to vote.
Belize.
Commonwealth citizens who are domiciled or have resided in the country for at least one year immediately before polling day are qualified as electors, but not for eligibility to the House of Representatives, which requires Belize citizenship.
Bolivia.
In 1994, the constitution was changed to allow non-citizens to vote in local elections. As of 2007, this has not been implemented.
Brazil.
Article 12.1 of the states that ""The rights inherent to Brazilians "(before 1994 Constitutional amendment, "born Brazilians")" shall be attributed to Portuguese citizens permanently resident in Brazil if Brazilians are afforded reciprocal treatment, except in the events set forth in this Constitution".", article 14 that ""Foreigners cannot register as voters", and "The conditions for eligibility, according to the law, are the following: I. Brazilian nationality" (...)". A Treaty of friendship, cooperation and consultation between Brazil and Portugal was signed on April 22, 2000 and promulgated in 2001 by Decree nr. 3.927/2001. Practically, the Portuguese citizen regularly residing in Brazil and wishing to enjoy the "Equality Status" ("Estatuto de Igualdade") without losing his original citizenship has to apply to the Ministry of Justice. The conditions to enjoy political rights are: to be residing in Brazil for 3 years, to be able to read and write Portuguese and to enjoy political rights in Portugal.
Bulgaria.
(EU member) In February 2005, the Bulgarian Constitution was modified, an article 42, a third paragraph was added to Article 42, stating "The elections for the European Parliament and the participation of European Union citizens in the elections for local authorities shall be regulated by law".
Canada.
Voting rights at the federal level in Canada are exclusively limited to Canadian citizens. The same is true for almost all provincial and municipal elections.
British Columbia.
The 1984 Election Amendment Act (Bill 20) made British subjects who are not also Canadian citizens no longer allowed to register to vote in British Columbia.
New Brunswick.
For the 1995 New Brunswick provincial elections, a person qualified to vote had to be a Canadian citizen or a British subject who was resident in the province prior to January 1, 1979. For the 1999 elections, the qualification was limited to Canadian citizens.
Nova Scotia.
For the 2003 and 2006 provincial elections in Nova Scotia, to be eligible to vote, a person had still to be either a Canadian citizen or a British subject. On November 25, 2001, an amendment to the Elections Act removed being a British subject as a qualification for registration as an elector but provided that this change would not be effective until the second general election that was to be held after this amendment came into force.
Ontario.
The 1985 Equality Rights Statute Law Amendment Act put an end to municipal and school board 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.
In 1971, councillor Joe Piccininni proposed allowing non-citizens who owned property in Toronto to cast ballots. In 2013, the Toronto City Council asked the province to allow permanent residents who aren't yet citizens to vote in local elections. It would have included the right to vote in any municipal election, including choosing the mayor, city council and school board officials.
Saskatchewan.
British subjects (other than Canadian citizens) are entitled to vote if they were qualified electors at the time of the Saskatchewan provincial general election held on June 23, 1971.
Cape Verde.
Article 24 of the Cape Verde Constitution states that
The website of the governmental Institute of Cape Verde Communities states that such a measure was adopted "to stimulate reciprocity from host countries of Cape Verdian migrants"".
A law nr. 36/V/97 was promulgated on August 25, 1997 regulating the "Statute of Lusophone Citizen", concerning nationals from any country member of the Community of Portuguese Language Countries (article 2), stating in its article 3 that ""The lusophone citizen with residence in Cape Verde is recognized the active and passive electoral capacity for municipal elections, under conditions of the law. The lusophone citizen with residence in Cape Verde has the right to exercise political activity related to his electoral capacity.".
Chile.
The 1980 Chilean Constitution states in its article 14 that "Foreigners residing in Chile for more than five years and who comply with the requirements prescribed in the first paragraph of Article 13, may exercise the right to vote in the cases and in the manner determined by law.". Article 13 states that "Citizens are those Chileans who have reached the age of eighteen years and who have never been sentenced to afflictive punishment."". A 2005 constitutional reform introduced a second line to article 14, by which eligibility rights of naturalized citizens to run for office only occur 5 years after being granted a naturalization card.
Colombia.
In 1991, the constitution was changed to allow noncitizens to vote in local elections, but the changes were not immediately implemented. On July 31,