How to obtain voting rights as an expatriate

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Published on 2024-06-28 at 10:00 by Asaël Häzaq
Starting in January 2024, elections are taking place almost every month, with significant events impacting the global economy. These include the European elections (held from June 6 to 9) and the U.S. presidential elections (scheduled for November 5). Can expatriates vote in these elections? How can they participate in the civic life of their host country? Here are the main steps to gaining voting rights in popular destinations.

Obtaining voting rights in the United States

Several U.S. cities have granted foreign residents the right to vote in local elections to better involve them in civic life. For example, since December 2021, New York has allowed about 800,000 expatriates with work permits or Green Cards to vote in local elections starting in January 2023. Some cities in Vermont and Maryland had already taken similar steps. Hyattsville has allowed foreign residents to vote in local elections since 2016. However, states like Colorado, Alabama, and Florida have formally banned foreign residents from voting. To find out whether you can vote in local elections in your city, check with your local city hall.

Foreign residents cannot vote in the U.S. presidential election unless they are U.S. citizens. The U.S. Constitution grants the right to vote in presidential elections only to American citizens aged 18 and over. Generally, non-citizens cannot vote in federal, general, or local elections (unless otherwise permitted by the municipality for local elections). Having a Green Card is not enough.

Conditions to be met

To become a U.S. citizen, one must first become a permanent resident (obtain a Green Card), which allows living and working in the U.S. without a work permit. Permanent residency can be obtained through marriage, the Diversity Visa Lottery, or employment. However, holding a Green Card does not make one a U.S. citizen. Violations such as extended stays outside the U.S., incorrect tax filings, or failure to file taxes while abroad can result in losing the Green Card.

To apply for U.S. citizenship after obtaining permanent residency, one must meet the conditions set by the Immigration Nationality Act: be at least 18 years old, have been a legal permanent resident for 5 years (3 years if married to a U.S. citizen), live in the state where the naturalization application is filed for 3 months, and have lived continuously in the U.S. for at least 2.5 years or 18 months (if married). Additional requirements include English proficiency and knowledge of U.S. history (tested during the application process). Once naturalization is approved, the new U.S. citizen takes an oath during a ceremony.

Registering to vote

Registering to vote is relatively simple. It is done at the state's administrative offices, provided the eligibility criteria are met. Each state has its own voter registration form and may require specific information (Social Security number, driver's license, etc.) to verify the voter's identity.

Obtaining voting rights in Canada

Should foreign residents be allowed to vote in local elections? This question has been debated in Canada for years. Currently, foreign residents, even if they are permanent residents, cannot vote in municipal, provincial, or federal election. One must be a Canadian citizen, at least 18 years old, and registered to vote.

Conditions for voting in Canada

Similar to the U.S., Canada requires foreign residents to be permanent residents first. They must have lived in Canada for at least 3 out of the last 5 years and pass a citizenship test. Other admission criteria vary depending on the applicant's situation. Note that one can apply for citizenship even if their permanent resident card has expired. However, citizenship cannot be requested if the applicant has committed a crime leading to imprisonment, parole, or probation. The Citizenship Act outlines other situations that may prevent obtaining Canadian citizenship. The Canadian government offers a questionnaire to verify if a foreign national can apply for citizenship. A guide also helps determine if one is a Canadian citizen. The new Canadian citizen takes an oath during a ceremony.

Registering to vote

Elections Canada sends registration letters to unregistered voters. The service maintains a registry that includes information from Immigration, Refugees and Citizenship Canada (IRCC) for new citizens. Information cards are sent to voters about three weeks before the election, detailing the election day and voting procedures.

Obtaining voting rights in Australia

The process in Australia is similar to that in the U.S. and Canada. Australian citizens aged 18 and over and registered to vote can participate in elections. It's worth noting that voting is compulsory in Australia, and mail-in voting is allowed. Failure to vote results in a fine of 20 Australian dollars.

Registering to vote

Registration can be done online or on paper with the local residence services, but within set deadlines: the voter registration list closes one week after the election date is announced. No registrations are accepted after the list closes.

Becoming an Australian citizen to vote

Before voting, a foreign resident must obtain Australian citizenship by descent (having an Australian parent), marriage, or naturalization. Citizenship by descent is automatic, while naturalization requires a longer process. The procedure is conducted online through immigration services, with a specific process for New Zealand nationals.

Generally, the requirements for naturalization include:

  • Being a permanent resident for at least 1 year or a New Zealand citizen;
  • Living in Australia for at least 4 years without leaving the country for more than 1 year;
  • Not living abroad for more than 3 months in the year before applying.

Other conditions include language proficiency and a clean criminal record. Applicants must also pass a citizenship test to verify language skills, identity, and knowledge of Australia. Upon approval, the new Australian citizen takes an oath during a ceremony and becomes eligible to vote.

Obtaining voting rights in European Union (EU) countries

EU countries generally require citizenship to vote. The citizen must be at least 18 years old, registered to vote, and enjoy civil and political rights. A conviction can annul voting rights, though. Voter registration is not automatic, so new citizens must visit their local city hall to verify their status and register if necessary. Some countries allow voting at a younger age (16 in Austria and Malta, for example).

Exceptions

EU nationals can vote in municipal and European elections in their country of residence. Non-EU nationals can vote in municipal elections if allowed by their host country. For instance, this is permitted in Ireland and Luxembourg but not in Germany and Italy.

Obtaining citizenship in an EU country

Citizenship can usually be obtained through naturalization or declaration. Declaration applies to foreign nationals married to or related to a citizen of the country. Naturalization applies to foreign nationals residing in the country for a long period. Each country sets its timelines and procedures for naturalization, which often include exams or interviews to verify language skills, knowledge of historical facts, and the candidate's motivation. Naturalization is validated in a ceremony where the new citizen swears allegiance to the country.

Obtaining voting rights in Brazil

Voting in Brazil is mandatory for citizens aged 18 to 69. Beyond this age, voting becomes optional. It is also optional for people aged 16 to 18, illiterate individuals, and those unable to vote. Failure to vote without justification results in a fine. Further penalties for not paying the fine include being barred from public exams, loans, or having wages frozen (for public servants). Severe penalties, such as permanent removal from voter lists, apply to repeat offenders.

Brazil requires citizenship to vote, except for Portuguese nationals who can vote and be elected in Brazilian elections if they legally reside in Brazil for at least 3 years, read and write Portuguese, and have civil and political rights in Portugal. Eligible Portuguese citizens can apply for "equality status" with the Ministry of Justice under the 2000 Treaty of Friendship, Cooperation, and Consultation between Brazil and Portugal.

Obtaining citizenship to vote in Brazil

Brazil offers several types of naturalization:

  • Ordinary naturalization for permanent residents (at least 4 years) who speak Portuguese. This period can be reduced to 1 year if the applicant has a Brazilian spouse, parent, or child.
  • Extraordinary naturalization for foreigners living in Brazil for over 15 years without a criminal record.
  • Special naturalization for spouses of employees serving the Brazilian state abroad (e.g., consular offices) for at least 10 years.
  • Provisional naturalization for children and adolescents.

Applications are submitted to the Ministry of Justice, which verifies the applicant's ability to support themselves (income, employment) and checks their criminal record. Once naturalization is granted, the new citizen can vote in Brazilian elections.

Obtaining voting rights in Tunisia

Voting rights in Tunisia are reserved for Tunisian citizens. However, the 2022 law on elections and referendums excludes military personnel, security staff, and citizens convicted of certain crimes from voting. All other Tunisians over 18, with full civil and political rights and no legal restrictions, can vote.

Obtaining Tunisian citizenship

Foreigners married to a Tunisian for at least 2 years can apply for citizenship by submitting an official application with marriage certificates and proof of residence and identity. The law also applies to foreigners adopted by a Tunisian or born abroad to a Tunisian mother and a foreign father.

Expatriates are also eligible for naturalization if they have legally lived in Tunisia for over 5 years. They must request a criminal record certificate, which is done online. After naturalization, the new citizen can participate in elections.

Obtaining voting rights in Thailand

Foreigners wanting to vote in Thailand must first become Thai citizens. Voting is open to Thai citizens over 18. Naturalized foreigners must have held Thai nationality for at least 5 years before the election. Some groups are barred from voting, including Buddhist priests, clergy members, monks, individuals with mental illnesses, prisoners, and those with suspended voting rights.

Obtaining Thai citizenship

Foreign residents can obtain citizenship through descent, marriage, or naturalization. For marriage, the foreigner must be a permanent resident and live with their spouse for at least 3 years before applying. To be naturalized, one must live continuously in Thailand for 5 years and hold a permanent resident permit. The applicant must have a clean criminal record, demonstrate proficiency in Thai, and hold a work permit. A test verifies the applicant's knowledge. If successful, the new Thai citizen will sing the national anthem during a ceremony and will be eligible to vote.