Electoral Registration - link to population register (P.68-2007) - comment

STATES OF JERSEY

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ELECTORAL REGISTRATION: LINK TO POPULATION REGISTER (P.68/2007) - COMMENT

Presented to the States on 29th June 2007 by the Privileges and Procedures Committee

STATES GREFFE

COMMENT

The Privileges and Procedures Committee considers that it is a political decision for Members to decide whether they support Deputy Southern 's proposal or not but for Members' information the Privileges and Procedures Committee attaches research on other countries. Members will note that registration in other countries is either restricted by nationality or length or residence. Deputy Southern 's proposal would therefore be unusual because it would open voting to anyone on the population register irrespective of nationality or length of residence.

APPENDIX

Guernsey

A person can have their name included on the Electoral Roll if they are 17 years or over but they cannot vote before they reach 18 years.

They must be ordinarily resident in Guernsey on the date their name is included and must have been a resident for a period of at least 2 years immediately preceding that date or at any time before that date for a period or periods of at least 5 years in total.

United Kingdom

Parliamentary elections

The following can vote provided they are aged 18 or over (an elector can register once they are 16 but cannot vote until their 18th birthday) on polling day –

• British or Commonwealth citizens who are resident in the U.K.;

• Citizens of the Irish Republic who are resident in the U.K.;

• In Northern Ireland, electors must have been resident in Northern Ireland during the whole of the three-month period prior to the relevant date of 15 October;

• British nationals living overseas are entitled to vote for up to 15 years after moving abroad. An overseas voter should register in the constituency covering the address for where they were last

registered within the U.K. (someone who has never been registered as an elector in the U.K. is not be eligible to register as an overseas voter unless they left the U.K. before they were 18, providing that they left the country no more than 15 years ago); Service/Crown personnel serving in the U.K. or overseas in the armed forces or with Her Majesty's Government;

• Homeless people can register using a declaration of local connection;

• Residents of mental hospitals (provided they are not subject to subject to any legal incapacity to vote) and remand prisoners.

Citizens of E.U. countries other than the U.K. or Irish Republic (or Cyprus or Malta, which are Commonwealth countries as well as E.U. countries) cannot vote in Westminster parliamentary elections, although they can register to vote at local government, devolved legislature and European Parliament elections. Citizens of any other countries are not eligible to register. People who do not have leave to enter or remain in the U.K. may not be included in the electoral register, and consequently are not entitled to vote.

European Parliamentary Elections

The following can vote provided they are aged 18 or over (an elector can register once they are 16 but cannot vote until their 18th birthday) on polling day –

• British or Commonwealth citizens who are resident in the U.K.;

• Citizens of the Irish Republic who are resident in the U.K.;

• Citizens of other European Union (E.U.) countries who are resident in the U.K.;

• In Northern Ireland, electors must have been resident in Northern Ireland during the whole of the three-month period prior to the relevant date of 15 October;

• British nationals living overseas are entitled to vote for up to 15 years after moving abroad. An overseas voter should register in the constituency covering the address for where they were last

registered within the U.K. (someone who has never been registered as an elector in the U.K. is not be eligible to register as an overseas voter unless they left the U.K. before they were 18, providing that they left the country no more than 15 years ago); Service/Crown personnel serving in the U.K. or overseas in the armed forces or with Her Majesty's Government;

• Homeless people can register using a declaration of local connection;

• Residents of mental hospitals (provided they are not subject to subject to any legal incapacity to vote) and remand prisoners;

• Members of the House of Lords.

Citizens of any other countries are not eligible to register. People who do not have leave to enter or remain in the U.K. may not be included in the electoral register, and consequently are not entitled to vote.

Local government elections

The following can vote provided they are aged 18 or over (an elector can register once they are 16 but cannot vote until their 18th birthday) on polling day –

• British or Commonwealth citizens who are resident in the U.K.;

• Citizens of the Irish Republic who are resident in the U.K.;

• Citizens of other European Union (E.U.) countries who are resident in the U.K.;

• In Northern Ireland, electors must have been resident in Northern Ireland during the whole of the three-month period prior to the relevant date of 15 October;

• Service/Crown personnel serving in the U.K. or overseas in the armed forces or with Her Majesty's Government;

• Homeless people can register using a declaration of local connection;

• Residents of mental hospitals (provided they are not subject to subject to any legal incapacity to vote) and remand prisoners;

• Members of the House of Lords.

Citizens of any other countries are not eligible to register. Overseas electors cannot vote in local elections (although service personnel serving overseas can – see above). People who do not have leave to enter or remain in the U.K. may not be included in the electoral register, and consequently are not entitled to vote.

National Assembly for Wales and Scott ish Parliament elections

The persons entitled to vote at an election of either the Scott ish Parliament or National Assembly for Wales are those who on the day of the poll –

• would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the Assembly constituency; and

• are registered in the register of local government electors at an address within the Assembly constituency.

That is –

• British or Commonwealth citizens who are resident in the U.K.;

• Citizens of the Irish Republic who are resident in the U.K.;

• Citizens of other European Union (E.U.) countries who are resident in the U.K.;

• Service/Crown personnel serving in the U.K. or overseas in the armed forces or with Her Majesty's Government;

• Homeless people can register using a declaration of local connection;

• Residents of mental hospitals (provided they are not subject to subject to any legal incapacity to vote) and remand prisoners;

• Members of the House of Lords.

as long as they are aged 18 or over on polling day (an elector can register once they are 16 but cannot vote until their 18th birthday).

Citizens of any other countries are not eligible to register. Overseas electors cannot vote in these elections (although service personnel serving overseas can – see above). People who do not have leave to enter or remain in the U.K. may not be included in the electoral register, and consequently are not entitled to vote.

Greater London Authority

The franchise used is the local government franchise. The following can vote provided they are aged 18 or over (an elector can register once they are 16 but cannot vote until their 18th birthday) on polling day –

• British or Commonwealth citizens who are resident in the U.K.;

• Citizens of the Irish Republic who are resident in the U.K.;

• Citizens of other European Union (E.U.) countries who are resident in the U.K.;

• Service/Crown personnel serving overseas in the armed forces or with Her Majesty's Government;

• Homeless people can register using a declaration of local connection;

• Residents of mental hospitals (provided they are not subject to subject to any legal incapacity to vote) and remand prisoners;

• Members of the House of Lords.

Citizens of any other countries are not eligible to register. Overseas electors cannot vote in these elections (although service personnel serving overseas can – see above). People who do not have leave to enter or remain in the U.K. may not be included in the electoral register, and consequently are not entitled to vote.

Isle of Man

The Electoral Register is the only source available to ensure that eligible residents have the opportunity to participate in the democratic processes of the Island. Failure to register will result in the loss of voting rights in all national or local elections and any referendum that may be called during the period the Register is in force. It is important that the forms are completed and returned to ensure your eligibility to vote in any forthcoming local Elections.

Due to recent Legislative changes you are now eligible to be added to the electoral register at any time provided that you fulfil the following criteria –

• be resident at the address stated on the form;

• have been resident for a period of 12 months;

• at any time during the subsequent 12 months have attained the age of 16.

Northern Ireland

Each person must register at the address where he or she is resident if they are –

• A British citizen, Irish citizen, Commonwealth citizen or citizen of a Member State of the European Union;

• Of voting age (18) or will reach voting age whilst the current Register is in force;

• Not subject to any legal incapacity to vote e.g. convicted prisoners.

In addition, each person must have one of the following qualifications –

• Been resident in Northern Ireland during the whole of the previous 3  months; (casual absences may be ignored e.g. on holiday or working abroad for a short period);

or

• made a service declaration which is still in force;

or

• made an overseas citizen's declaration which is still in force; or

• be a merchant seaman.

Each elector must state any other address within the United Kingdom in respect of which they are, or have applied to be, registered to vote.

You are required by law to register, regardless of whether or not you intend to vote. Irish Republic

Who is eligible to vote in elections and referenda?

• Irish citizens can vote in every election and referendum;

• British citizens may vote at Dáil, European and local elections;

• Other E.U. citizens may vote at European and local elections;

• Non-E.U. citizens can vote at local elections only.

To be eligible to be included on the Register of Electors, you must –

• be at least 18 years old on the day the Register comes into force (15 February);

• have been ordinarily resident in the State on 1 September in the year preceding the coming into force of the Register.

You are eligible for inclusion in the supplement to the Register of Electors on or after the day on which you reach 18 years of age. You can be included if this birthday falls after the closing date for applications but is on or before polling day. If you are within this category, you should accompany your application with a copy of your birth certificate.

Students living away from home while attending college have the choice of being registered at either their home address or their student residential address.

United States of America

Residency Requirements for Voting

The Supreme Court decision of March 21, 1972, declared lengthy requirements for voting in state and local elections unconstitutional and suggested that 30 days was an ample period. Most of the states have changed or eliminated their durational residency requirements to comply with the ruling, as shown.

Note, for all states, in order to register to vote, an applicant must be a U.S. citizen, a legal resident of the state, and 18 years old on or before election day. Additionally, most states do not permit an individual to vote if he or she is a convicted felon currently serving time in prison or has been declared mentally incompetent by a court of law.

No durational residency requirement. Must be registered by the fourth Wednesday prior to election.

Missouri

Montana 30-day residency requirement. 30-day registration requirement.

No  durational  residency  requirement.  Registration  deadline  is  third Nebraska

Friday prior to election.

Nevada 30-day residency requirement. 30-day registration requirement.

No durational residency requirement. 10-day registration requirement. New Hampshire

Individual may also register on election day at polling place.

New Jersey 30-day residency requirement. 29-day registration requirement.

New Mexico No durational residency requirement. 28-day registration requirement. New York 30-day residency requirement.

North Carolina 30-day residency requirement. 25-day registration requirement.

North Dakota No voter registration. 30-day residency requirement to vote in election. Ohio 30-day residency requirement. 30-day registration requirement. Oklahoma No durational residency requirement. 25-day registration requirement.

Must register by close of business day of registering agencies (which Oregon

varies), 21st day before the election.

Pennsylvania 30-day residency requirement. 30-day registration requirement. Rhode Island No durational residency requirement. 30-day registration requirement.

No durational residency requirement. Registration certificate not valid South Carolina for 30 days, but if you move within the state you can vote in old precinct

during the 30 days.

South Dakota No durational residency requirement. 15-day registration requirement. Tennessee No durational residency requirement. 30-day registration requirement.

No durational residency requirement. 30-day registration requirement.

Texas

30-day  residency  requirement.  15th  and  18th  day  before  election Utah registration in person. Postmarked 30 days before election if registering

by mail.

Administrative  cut-off  date  for  processing  registration  applications  is Vermont

second Saturday before the election, by 12 noon.

Virginia No durational residency requirement. 29-day registration requirement.

30-day  residency  requirement.  30-day  registration  requirement. Washington Individual  may  also  register  in  person  no  later  than  15  days  before

election.

West Virginia No durational residency requirement. 21-day registration requirement.

10-day residency requirement. Individual may also register on election Wisconsin

day at polling place.

No durational residency requirement. 30-day registration requirement. Wyoming

Individual may also register on election day at polling place.

Canada

Who is entitled to vote?

You are entitled to vote in federal elections and referendums if you are a Canadian citizen, and will be 18 or older on polling day.

If you are an elector (a person who is eligible to vote) and have been living away from Canada for less than 5 consecutive years since your last visit home, you are eligible to vote under the Special Voting Rules.

Incarcerated electors who are serving a prison sentence in a Canadian correctional institution, have the right to vote in federal elections and referendums.

A Permanent Resident in Canada is someone who is not a Canadian citizen and who has been granted permission to live and work in Canada without any time limit on his or her stay. A permanent resident must live in Canada for 2 years out of every 5 or risk losing that status. Time spent outside of Canada accompanying a Canadian citizen spouse is counted as time in Canada.

A Permanent Resident holds many of the same rights and responsibilities as a Canadian citizen, the biggest exceptions  being  that  permanent  residents  cannot  vote  in  Candadian  elections  run  for  elected  office,  hold Canadian passports, or work in government jobs. Permanent residents may apply for Canadian citizenship after 3 years in Canada, however this is not a mandatory requirement.

New Zealand

Who is eligible to enrol?

Basically, you are qualified to enrol if –

• you are 18 years or older. (You can provisionally enrol at 17 years of age. This means that when you turn 18 your name will automatically go onto the electoral roll.);

• you are a New Zealand citizen or permanent resident; and

• you have lived in New Zealand for one year or more without leaving the country.

If you are a permanent resident and have lived in New Zealand for at least 12 months, you are eligible to vote in the local body and national elections. A permanent resident is someone who has not taken up citizenship but who is entitled by law to live permanently in New Zealand. If you have to leave the country by a set date you are not a permanent resident for electoral purposes. This includes people who have student or visitor permits.

If you are a New Zealand citizen you can be out of the country for 3 years continuously before you are no longer eligible to vote. If you are a permanent resident, the period is only one year. If you come back to New Zealand during this time your 3 years (or one year if you are a permanent resident) starts again.

You are required by law to enrol to be registered on the Parliamentary Electoral Roll. However, voting is not compulsory in New Zealand.

Australia

Who is eligible to enrol?

An electoral roll is where you have to enroll in order to vote in Federal, State and Local Government Elections. Eligible to enroll in the Australian electoral roll is any person who –

• Is 18 years old and over;

• an Australian citizen;

• was a British subject on a Commonwealth electoral roll as of January 25,  1984;

• has resided for at least one month at their current address (or within the division).

If a person is 17 years old and an Australian citizen, they may enrol but are not entitled to vote until they turn 18. If you will turn 18 years old between the announcement of the election (date of the writ) and polling day and have not already applied for provisional enrolment, you have until close of rolls to apply for enrolment.

A person who expects to become an Australian citizen between the date of the writ and polling day and is not already  enrolled  will have  until  close  of  rolls to  apply for  provisional  enrolment. Their enrolment  will  be confirmed once they have provided evidence that they have been granted citizenship.

France

Voters must be French citizens over the age of 18 and registered on the electoral rolls. For municipal and European elections, citizens aged 18 or older of other European Union countries may vote in France. Registration is not compulsory, but the absence of registration precludes the possibility of voting. Currently, all youths reaching the age of 18 are automatically registered.

Citizens may register either in their place of residence or in a place where they have been on the roll of taxpayers for local taxes for at least 5 years. A citizen may not be legally registered in more than one place. Citizens living abroad may register at the consulate responsible for the region in which they live.