Votes for Citizens Abroad should be part of the Review of the Dáil
Electoral System
Votes for Irish Citizens Abroad (VICA)
Submission to the Constitutional Convention
VICA is a campaign of members of London’s Irish communities calling for the right of
Irish citizens living outside the island of Ireland to vote in general elections in the
Republic of Ireland. VICA wants the rights enjoyed by citizens of at least 115 countries
throughout the world – all of whom have voting rights in national elections when living
abroad – to be extended to Irish citizens. This campaign is supported by many Irish
citizens across the globe, including the USA, Australia and Ireland.
Constitutional Convention: Review of the Dáil electoral system
VICA’s position: the right to vote in elections for the Dáil be granted to all first
generation Irish citizens abroad (that is, those who emigrated from Ireland) with no
time limit. This to be managed through a system of reserved constituencies in order not
to swamp the votes of resident citizens.
VICA is forthright in the belief that Ireland’s fortunes rely on a strong relationship with
all its citizens. Article 2 of Bunreacht na hÉireann (Constitution of Ireland), which
became part of the Constitution on 2 December 1999 as a result of the Good Friday
Agreement states:
It is the entitlement and birthright of every person born in the island of Ireland,
which includes its islands and seas, to be part of the Irish nation. That is also the
entitlement of all persons otherwise qualified in accordance with law to be
citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with
people of Irish ancestry living abroad who share its cultural identity and heritage.
VICA is campaigning on behalf of all Irish citizens who are now living abroad who we
believe should be entitled to vote in elections and referenda in the Republic of Ireland.
By ‘abroad’ we mean outside the island of Ireland. Whether citizens in Northern Ireland
should have the right to vote for the Irish Presidency and Dáil Éireann is a very
important issue but beyond the scope of VICA.
Rationale: Why Votes for Irish Citizens Abroad should be granted urgently?
The current young generation in Ireland had every reason to believe they were growing
up in a country where emigration was an option not a necessity. Such is not the case.
For many emigration has again become involuntary, and even for those for whom the
move abroad is originally voluntary the lack of opportunities in Ireland often transforms
their situation in to one of involuntary non-return.
Given the current state of the economy, in the next few years there are likely to be still
further people emigrating. These repetitive cycles of emigration amount to a
hemorrhaging of talent, a waste of educational investment, great sadness and difficulties
due to split families and periods of uncertainty and dislocation for the majority of
emigrants. Their future rights are at stake as well.
The immediate disenfranchisement of Irish citizens as soon as they leave the country is
a source of anger and frustration. Irish citizens who have had to leave have no say about
the direction the country should take in the 21st century. At this time of national
economic crisis for Ireland there have been many calls for changes in the political
system and culture. One indication that such changes were underway would be if
Ireland were to follow the example of at least 115 other countries around the world and
extend the franchise to include citizens living abroad. Demanding the vote for citizens
abroad is not therefore an extraordinary claim and in Ireland already has a limited
precedent in the elections for Senators representing NUI and Trinity in the Seanad.
Most Irish emigrants maintain strong ties with Ireland through their connections with
family and friends and by using a variety of communications media to stay in touch
with news from Ireland. These connections have never been easier to sustain due to the
proliferation of social media. Irish citizens abroad also remain connected to Ireland in
that they remain subject to some laws and government decisions, like the removal of the
franchise They are in other words life long stakeholders in the sense that if born and
brought up in Ireland they are ‘biographically subjected’ to the state (Baubock 2009)
through their prior formative residence. In addition most emigrants have a ‘project of
return’ and whether this is realizable depends to a large measure on the management of
the Irish economy. These significant ties and future orientated interests make first
generation citizens abroad genuine stakeholders (Honohan 2011). In these ways,
therefore, Irish citizens abroad remain stake-holders in Ireland and for many their life
circumstances link their individual well being to the common good of the political
community that is Ireland.
As Irish emigration accelerates again Irish success in Britain and America is being
replicated in Canada and Australia where a new generation of Irish citizens are at the
heart of these growing economies. There is a contradiction in the close relationship
Ireland has with all these nations. Irish emigrants working and generating wealth in
these economies are disenfranchised from their ‘homeland’, while US, Canadian, and
British citizens residing in Ireland, along with many newer immigrants to Ireland like
Polish citizens, not only have the right to vote ‘back home’, but are encouraged to do so.
VICA seeks parity of rights for those who emigrate from Ireland.
What is the relationship of taxation to voting rights for citizens abroad?
VICA’s view: Taxation depends on residency: Voting depends on citizenship.
Exceptionally American citizens pay tax abroad regardless of residency, in every other
country, including Ireland, paying tax depends on residency and where your income
comes from etc. Non-Irish citizens who pay tax in Ireland are not entitled to vote in
Irish general elections and referenda. The exception is British citizens who are able to
vote in both Irish elections and British elections. Irish citizens living in Britain can only
vote in Britain.
Irish citizens abroad may not pay tax in Ireland but they continue to contribute
economically to Ireland in significant ways. They continue to contribute through
remittances, through paying down debts they have accrued as a result of the catastrophic
collapse of the property market, and by developing businesses that link Ireland with
their country of (temporary) settlement. Economic contributions are part of the strong
evidence of the continuing significant ties and future orientated interests of first
generation citizens abroad that marks them as genuine stakeholders in Irish society.
Why there should be no time limit on the franchise?
VICA’s position: There should not be a time limit on the extension of the right to vote
to Irish citizens abroad.
A major part of the rationale for extending the franchise to citizens abroad should be
their long-term and continuing stake in the society. This frequently includes an intention
to return that may only become feasible on retirement. Most countries do not set a time
limit; this includes most EU members and the United States. The UK is part of a small
minority in only allowing its citizens to vote in elections for 15 years after they move
abroad (thirteen other countries of the 115 that allow external voting have a time
restriction)..
How can this extension of the franchise be implemented?
VICA supports: the idea of reserved constituencies for citizens abroad.
This follows the example of France and Italy. There is an issue about how the vote of
Irish citizens abroad would be organized. Of the three million Irish passport holders
outside Ireland approximately one million were born in Ireland and would be eligible to
vote for the Dáil under our proposal. There are a variety of reasons for forming reserved
constituencies for citizens abroad. A major one is when the numbers of citizens abroad
form a significant proportion of the electorate relative to the resident population and
there are genuine fears of swamping if they all exercised their vote. This fear is often
expressed in Ireland’s case.
In France there are 12 world-wide constituencies, for example, French citizens in
Ireland are in a constituency that includes the United Kingdom, the Baltic States and
Norway and Sweden. In Italy’s case there are four external electorates, these comprise:
Europe; South America; North and Central America; and a large electorate combining
Australia, Asia, Africa, Oceania and Antarctica. There are 12 seats in the Chamber of
Deputies and six in the Senate reserved for citizens abroad, and these are distributed
among the four overseas electoral zones in proportion to the number of Italian citizens
resident in each. For example, the European electorate, which an Italian resident in
Ireland would be included within, has 6 seats in the Chamber of Deputies and two in the
Senate. Implementing a similar system would allow the votes of Irish citizens abroad to
be simultaneously ring-fenced and have genuine proportional representation in the Dáil
for their interests.
The significance of the requirement that citizens abroad register to vote
All countries that extend the franchise to their citizens abroad expect them to register to
vote, frequently on an annual basis. This is part of demonstrating an on-going
commitment and interest in the State. For example, Italian citizens abroad must register
with the appropriate consulate within 90 days of arriving in their destination. This
triggers a process whereby they are removed from the Resident Population Registry and
become eligible to vote as part of one of the external electorates in parliamentary
elections and national referenda.
In countries that allow citizens abroad to vote but do not operate a system of external
constituencies, it is usually the case that a citizen has to register with the electoral
registration office for the area where the person was last registered to vote. The UK is
an example of a country that uses this method. Germany also does not operate a system
of external electorates and in order for a German citizen to vote from abroad they must
make an application to be entered on the register of voters of their last home
municipality in Germany. It is also possible to organize a secure registration system
online.
Both the UK and Germany have a relatively small proportion of their possible external
electorate registering to vote in elections (13,000 out of a possible 3-5 million and
55,000 out of a possible 3 million respectively). Whereas, for example, in Italy, in 2006,
nearly one million votes were cast for the Chamber of Deputies amongst the four
external electorates. Although in France the turn out did not exceed 30 per cent in any
of the external constituencies, many cited problems with the on-line voting system as
the reason why they did not cast a vote. The difference in the number of votes cast may
in part be due to voting being viewed as more of an obligation in some countries rather
than others. It may, however, also be a consequence of the provision of external
constituencies as this produces dedicated representatives and means that external
citizens can now vote in their place of residence, for representatives who will represent
them as external citizens. and this may galvanise them accordingly.
Possible voting procedures
A majority of countries that facilitate voting for their citizens abroad manage the
process with either voting in person (at a local consulate or at specially organized voting
stations) or by a postal vote by a set deadline prior to the domestic election. In France in
2012 expatriates could vote by postal ballot or over the Internet, and they could of
course vote in person in their local consulate. There were variations in the date by
which they had to vote depending on voters' location and the method by which they cast
their ballot. In the UK it is possible for an individual not only to vote by post but also to
nominate a proxy to cast their vote in the constituency where the individual who is
abroad continues to be registered. Slovakia intends to introduce online voting for its
external citizens. There are therefore a variety of well-tried methods for citizens abroad
to cast their vote. An important consideration should be the relative ease of the voting
procedure in order to facilitate maximum participation, however, verifying the
authenticity of voters may involve some difficulties and require some constraints.
References
Baubock, R. (2009) ‘The rights and duties of external citizenship’, Citizenship Studies,
13(5), pp.475-499
Honohan, I. (2011) ‘Should Irish Emigrants have Votes? External Voting in Ireland’,
Irish Political Studies, 26(4), pp. 545-561