Foreigners voting and Spanish voting abroad. Regarding the Council of State report on proposals for amending the general election system

Authors

  • MIGUEL ÁNGEL PRESNO LINERA

Keywords:

Electoral law. The right to vote. Nationality. Citizenship. Rights of foreigns.

Abstract

This article uses as a starting point the report drafted by the Spanish State Council on the 24th of February of 2009 with the purpose to propose several amendments on the general electoral system. The paper analyzes the requirements established in the Spanish Legal System (Constitution and Spanish Electoral Acts) in order to determine which subjects are entitled to vote in an election, understanding that this right is absolutely essential in a democracy. The author supports the idea that it is necessary to consider «residence», and not «nationality», as the legal basis that defines who is entitled with the right to participate in politics. From this perspective, the paper concludes, on one hand, that voting rights should be recognized to foreign residents in all elections. On the other hand, the author suggests that Spanish nationals which are living abroad since a long period of time should not participate in the Spanish elections.

Published

2009-12-10