David C. Earnest surveyed practice of voting rights for resident
non-citizens, 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: • 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 1952/1934; Chile; Chile since 1980; Malawi since 1994; Ecuador since 2008) In some countries, some
administrative division 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.
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 the
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.
Antigua and Barbuda Commonwealth citizens may vote and are eligible for parliamentary elections, but "allegiance to a foreign State" is a criterion for ineligibility. 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. 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.
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.
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 • alinea 3.: "
Rights not conferred to foreigners and apatrids may be attributed to citizens of countries with Portuguese as an official language, except for access to functions of sovereignty organs, service in the armed forces or in the diplomatic career." • alinea 4. "
Active and passive electoral capacity can be attributed by law to foreigners and apatrids residents on the national territory for the elections of the members of the organs of the local municipalities." 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 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.
Cyprus (EU and CN member) Article 8 of the 2004 Local Elections Act (Nationals of Other Member States) (Ν.98(Ι)/2004) allows EU residents to vote at local elections. Voters have to register, once registered they are submitted to
compulsory voting like Cyprus citizens. EU voters may not stand for election as mayor or chairman of the council and, if elected to the local council, they may not hold the office of deputy mayor or deputy chairman. In November 2002, only EU nationals benefited from such a treaty. 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.
Dominica Commonwealth citizens may vote for parliamentary elections. They are not eligible for direct elections to the House of Assembly, but may be appointed or elected as senators (9 members of the parliament who may either be appointed by the president or elected by the other members of the House of Assembly). "Allegiance to a foreign State" is a criterion for ineligibility.
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.
France (EU member) EU residents have voting and eligibility rights for local and European elections. In
France, the
Socialist Party has discussed extending the right to vote to foreigners since the early 1980s (it was the 80th proposition of the
110 Propositions for France electoral program of 1981), but as it needed a
Constitutional change it was felt that it would have been blocked by the
Senate. The alternative would have been a referendum, but as it was generally assumed that a majority of the public opinion was against it, it could have resulted in a defeat of the government. On May 3, 2000, a bill was voted on by the National Assembly by the
Left and 2 centrist
Union for French Democracy deputies, but it was blocked by the Senate. Polls taken in 2012 suggested that a majority of the public opinion was still opposed to it, the 1990 elections were the first (and only) free local government elections of East Germany. Voting rights for foreigners in the 1990 election were established by § 3 para. 2 of the
Law on the Elections to District Councils, City Councils, City District Councils and Municipal Councils on 6 May 1990, and was later also transcribed into the May 1990 Municipal Code as § 13 para. 2 sentence 2. While that Municipal Code was still applicable in the five eastern German states following
German reunification, the specific section about foreigner voting rights was struck down by the 1990
Federal Constitutional Court ruling.
West Germany In February 1989, the
state of
Schleswig-Holstein approved local voting rights for Danish, Irish, Norwegian, Dutch, Swedish, and Swiss 5-year residents; the state of
Hamburg approved local voting for 8-year residents. Both were struck down as unconstitutional by the
Federal Constitutional Court of Germany on October 31, 1990 (Ruling 83, 37), which interpreted article 28 of the
Basic Law to mean only German citizen residents in the territory of that administrative unit, when it stated that "the people" must be represented by election in districts and municipalities.
United Germany (EU member) Between 1995 and 1999, all
states were compelled to change their legislation in order to comply with the December 19, 1994 94/80/CE EU directive regarding voting and eligibility rights for EU residents in local and district elections. In 1998, the
coalition government between the
social-democrats and the
Greens for the first
Schröder cabinet including voting rights for all residents at the municipal and district level, but the opposition led a campaign for the February 7, 1999 regional elections in the state of
Hesse against both the planned reform of the
German nationality law and prospective noncitizen voting rights and won these elections. As a result of their majority in the
federal Upper House, the legislation was blocked and the government adopted a less expansive reform of the nationality law.
Greece (EU member) EU residents have voting and eligibility rights for local and European elections. In 2010, these rights were extended for local elections to non-EU foreigners. 12,762 foreign residents out of a potential electorate of 266,250 actually registered to vote for
the November 2010 local elections.
Grenada Commonwealth citizens may vote and are eligible for parliamentary elections, but "allegiance to a foreign State" is a criterion for ineligibility. For those who are permanent residents of the territory but not concurrently citizens of the People's Republic of China, their permanent residency will be lost if they stay outside Hong Kong for more than 3 years.
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.
Israel In 1960, non-citizen voting rights in local elections were granted for holders of a permanent resident card ("blue card"). In February 2019, the government took steps to facilitate the process for Arab permanent residents of Jerusalem to become citizens of Israel. In the annexed
Golan Heights, out of nearly 27,000 Golan
Druzes, 17,000 can vote but only about 5,000 are Israeli citizens, the remainder hold Syrian citizenship and have the status of permanent residents which allows them to vote for municipal elections, but until 2018 there were only appointed representatives to local councils in the Golan's four Druze villages. When the first municipal elections held there took place on 30 October 2018, they were the target of a boycott campaign supported e.g. by the local Druze High Religious Council.
Italy (EU member) EU residents have voting and eligibility rights for municipal (and inframunicipal) and European elections. The debate about the extension of local voting rights to non-EU residents (
extracomunitari) resurfaces from time to time. A proposition included in the programme of the
Prodi I Cabinet in 1997 had to be withdrawn because of the opposition from the Commission for Constitutional Affairs. Although the parties that support the Berlusconi governments oppose this extension,
Gianfranco Fini, leader of the post-fascist
National Alliance, supported it e.g. in 2004 and 2008, when he was president of the
Chamber of Deputies. There are some elective local consultative council for foreigners, notably in
Rome, and since 2005 several municipal councils voted motions asking for the extension of voting rights to non-EU residents.
Jamaica Commonwealth citizens may vote and are eligible for parliamentary elections, with a condition of residency in the country during 12 months prior to the compilation of the register of electors (only for British Commonwealth citizens), but "allegiance to a foreign State" is a criterion for ineligibility. In 1990, some
permanent residents from Korea (see "
Koreans in Japan") petitioned the
Supreme Court to gain voting rights. The Supreme Court declined in 1995, but it also declared that it is not prohibited to do so. In addition, one of justices expressed the opinion that the foreigners should be guaranteed the voting right at local elections. During the
2009 Japanese general election, it appeared that the
New Komeito Party, the
Japanese Communist Party and the
Social Democratic Party were clearly in favor of extending local voting rights to foreign residents, while the
Liberal Democratic Party was totally opposed to it and the
Democratic Party of Japan was divided on this matter, but rather in favor of the extension of voting rights, so gaining the support of the Korean Residents Union in Japan (
Mindan) for many of its candidates. Following the victory of the
Democratic Party in the
2009 Japanese general election, the topic of giving the nearly one million permanent residents of Japan the right to vote in local elections was pushed by some party members. In 2022, a city assembly in
Musashino, Tokyo voted against a proposal to extended local voting rights to permanent residents.
Jersey The right to vote in
Jersey is determined by residency, not citizenship, citizens of any state may vote in Jersey elections provided they fulfill the other requirements for electoral registration. A person is entitled to have his or her name included on the electoral register for an electoral district if the person 1) has been ordinarily resident in Jersey for a period of at least 2 years, 2) or ordinarily resident in Jersey for a period of at least 6 months, as well as having been ordinarily resident in Jersey at any time for an additional period of, or for additional periods that total, at least 5 years.
Lithuania (EU member) In 2002, non-national permanent residents were granted local voting rights. On 7 June 2015, a
referendum was held on whether to grant the right to vote in national elections to foreigners resident in the country for more than 10 years. The proposal was overwhelmingly rejected, by 78% to 22%. The result was met with dismay by foreign residents, who make up almost 50% of Luxembourg's population, meaning that around half of adult residents in the country are unable to vote.
Malawi Non-citizens who have been ordinarily resident in
Malawi for seven years may vote for parliamentary elections, but only Malawi citizens are eligible to stand. There have been over the years several allegations of massive illegal voting by aliens organized by the leading party
UMNO, e.g. in
Kuala Lumpur in 2011 and
at several elections in
Sabah since the 1990s, where these false-document-holding illegals who vote are called "phantom voters".
Malta (EU and CN member) Since 1993,
United Kingdom residents in
Malta enjoy the same voting and eligibility rights as Maltese citizens at the local and regional council elections. The new
Moroccan Constitution adopted in July 2011 includes in its article 30 this possibility: "Foreigners enjoy the fundamental freedoms recognized to the Moroccan citizens, according to the law. Those who reside in Morocco can take part at local elections according to law, application of international conventions or reciprocity practices."
Namibia Voting and eligibility requirements include citizenship of
Namibia (by birth) or child of at least one parent born in Namibia or residence in the country for at least 4 years prior to the date of registration as elector. Aliens holding a passport from a European country are allowed to vote in European elections.
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 enrollment 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. Currently, residing citizens of
Nordic Passport Union countries may vote in local elections on the same basis as Norwegian citizens without any length of residence condition.
Philippines Article V Section 1 of the Philippine constitution provides that suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election.
Portugal (EU member) In 1971,
Brazilian residents were granted voting and eligibility rights in Portugal for
municipal elections with a 2 years residency requirement and 4 years for eligibility. In 1982, this provision was extended to
Cape Verde residents in the frame of reciprocity between
Community of Portuguese Language Countries. It was again extended in 1997, under a general rule of reciprocity but with a 4 years residency requirement, to
Peruvian and
Uruguayan residents with eligibility (after 5 years of residency) and to residents from
Argentina,
Chile,
Estonia,
Israel,
Norway and
Venezuela without eligibility. this list of countries was reduced to • voting rights in local elections: the EU countries (now including Estonia), Brazil, Cape Verde, Norway, Uruguay, Venezuela, Chile and Argentina, plus
Iceland, thus minus Israel. A 2013 decree added Colombia, New Zealand and Peru • eligibility to stand for election: the EU countries, Brazil and Cape Verde, thus minus Peru and Uruguay Some Brazilian residents "with special status" (
cidadãos brasileiros com estatuto especial de igualdade de direitos políticos) enjoy voting rights, but not eligibility rights, even for parliamentary and regional elections. There is a political debate going on as to whether voting rights should be extended to all noncitizen residents, as the reciprocity clause excludes 50% of noncitizen residents. In May 2007, the High Commissioner of Migrations and Ethnic Minorities publicly advocated the abolition of the reciprocity clause and the extension of voting rights for foreign residents to all elections, including parliamentary and presidential elections.
Saint Kitts and Nevis Commonwealth citizens may vote, but are not eligible, for parliamentary elections, if born in the country before independence; "allegiance to a foreign State" is a criterion for voting rights disqualification.
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. 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.
Slovakia (EU member) In 2002, local voting rights were granted for 3-year residents.
South Africa Only South African citizens may vote in elections, whether national or local. Article 19(3) of the 1996
South African Constitution states that "
Every adult citizen has the right a) to vote in elections for any legislative body established in terms of the Constitution...". No law provides voting rights for non-citizens. Up to 1996, article 6 of the 1993
South African Constitution stated that "
Every person who is- (a)(i) a South African citizen; or (ii) not such a citizen but who in terms of an Act of Parliament has been accorded the right to exercise the franchise; (b) of or over the age of 18 years; and (c) not subject to any disqualifications as may be prescribed by law, shall be entitled to vote in elections of the National Assembly, a provincial legislature or a local government and in referenda or plebiscites contemplated in this Constitution, in accordance with and subject to the laws regulating such elections, referenda and plebiscites".
South Korea Revisions to voting laws in 2005 allow foreign nationals aged 19 years and older who have lived in
South Korea for more than three years after obtaining permanent resident visas to vote in local elections. 106,068 foreign residents were eligible to vote in the June 13, 2018 local elections.
Spain (EU member) Municipal voting rights are granted to citizens of countries which reciprocate by granting voting rights to Spanish citizens when reciprocity is enshrined in a bilateral treaty ratified by
Spain, i.e. since 1997 the EU member states and
Norway, but already since 1989-1990
Denmark, the
Netherlands,
Sweden and Norway. Bilateral treaties with
Argentina (1988),
Chile (1990) and
Uruguay (1992) have never been enacted as voting rights are not enshrined in a specific law in Chile, and for the two other countries the instruments of ratification have never been exchanged, There is an ongoing debate in Spain about either ratifying existing bilateral treaties or changing the constitution in order to grant all residents voting rights without reciprocity, but some Catalan parties are opposed to it. In 2019 the Spanish Government negotiated an agreement with the British Government to allow British Citizens to continue to enjoy voting rights in Spanish municipal elections after the
United Kingdom withdrawal from the EU.
Sweden (EU member) Voting and eligibility rights were granted to all foreign residents with a 3-year residence condition for
municipal and
county elections in 1975; the first elections with those rules were held in September 1976. The 3 year residence condition was suppressed in 1997 for residents from the EU (in conformity with the European legislation) and the
Nordic Passport Union. Voter enrollment is automatic.
Trinidad and Tobago (CN members) A Commonwealth citizen who has resided legally in Trinidad and Tobago for a period of at least one year, and has resided in an electoral district/constituency for a least two months, prior to the qualifying date may vote at all levels in
Trinidad and Tobago. Non-Commonwealth Citizen who has resided legally in Trinidad and Tobago for a period of at least five years, and has resided in an electoral district/constituency for a least two months, prior to the qualifying date may also vote, but are only eligible to vote in City or Borough elections within Trinidad. They cannot vote in Parliamentary or Tobago House of Assembly elections. For both Commonwealth and Non-Commonwealth citizens, who meet these requirements can vote if they are over the age of 18.
United Kingdom In the
United Kingdom, full
voting rights and rights to stand as a candidate are given to citizens of
Ireland and to "qualifying" citizens of
Commonwealth countries; this is because they are not regarded in law as
foreigners. This is a legacy of the situation that existed before 1983 where they had the status of British subjects.
Wales The
National Assembly for Wales (now Senedd Cymru or the Welsh Parliament, simply
Senedd) passed the
Senedd and Elections (Wales) Act 2020 in November 2019. The Act extended the franchise for local and Senedd elections to 16 and 17 year olds and all other resident foreign nationals holding leave under the
Immigration Act 1971. This made Wales the first jurisdiction in the UK that allows non-EU and non-Commonwealth citizens to join the electoral register.
Scotland In February 2020, the Scottish Parliament voted to extend the voting franchise for local and Scottish Parliament elections to include any other foreign nationals holding leave under the
Immigration Act 1971. Thus, Scotland immediately followed Wales in allowing non-EU and non-Commonwealth citizens to join the electoral register.
United States As of 2018, nearly 10% of people living in the U.S. weren't citizens. Before 1926, 40 states had at one point encouraged voting regardless of citizenship status. Voting rights at the local level have also more recently been granted to non-citizens by some town governments, either for school boards or for municipal councils. Examples include:
Barnesville (already since 1918),
Martin's Additions and
Somerset (since 1976),
Takoma Park (since 1991) and
Garrett Park (since 1999),
Chevy Chase Section 3,
Hyattsville,
Mount Rainier,
Riverdale Park,
Glen Echo,
Montpelier and
Winooski (2021). Turnout by non-citizens has been very low (sometimes less than 0.5% of voters) in cities where non-citizen voting is legal, with some non-citizens expressing fear that about the spotlight and backlash and fear around how voting might hurt their application to become citizens. == See also ==