Summary
Limits on the right to vote may be based on citizenship.
Obligations
Election Parts
Issues
Criteria
Quotes
- Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
- The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph [right to participate in government] only on the basis of age, nationality, residence, language, education, civil... capacity or sentencing by a competent court in criminal proceedings.
- The States party to the Convention commit themselves to: e) conduct voter registration on the basis of a legislatively established non-discriminatory and effective procedure that envisage such parameters of registration as age, citizenship, place of residence, basic document certifying citizen’s identity.
- Everyone shall have the right and opportunity and in the state of which he is a citizen (b) to vote and to be elected at elections held on the basis of universal and equal suffrage by secret ballot, that guarantees the free expression of the will of the voters.
- Distinctions between those who are entitled to citizenship by birth and those who acquire it by naturalization may raise questions of compatibility with article 25.
- ...[T]here is agreement that it is appropriate to define voter eligibility based upon certain other characteristics: Citizenship, Residency, and Age.
- Reasonable restrictions may include factors such as residence, citizenship, current incarceration or having been convicted of a crime
- In regards to citizenship and the principle of universality, those people who have lived in the country as de facto citizens for a reasonable number of years should be given a fair chance to register to vote.
- Reasonable restrictions may include factors such as residence, citizenship, convicted persons in legal detention, and those considered mentally incapacitated by the courts.
- Reasonable requirements are usually limited to minimum age, nationality...
- A nationality requirement may apply; ii. however, it would be advisable for foreigners to be allowed to vote in local elections after a certain period of residence.
- Reasonable restrictions [on voting] have included distinctions based on age, citizenship, residency...
- The right to participate in public affairs is the only human right which applies to citizens of a state only as opposed to being universal and applicable to any person subject to the authority of a state in which they happen to be…. It is, however, required that citizenship be defined in law respecting the right to non-discrimination….Within the legitimate limitation of citizenship, the principle of inclusiveness or ‘universality’ should be a primary objective.
- ...States should: Establish an effective, impartial and non-discriminatory procedure for the registration of voters; Establish clear criteria for the registration of voters, such as age, citizenship and residence, and ensure that such provisions are applies without distinction of any kind.
- Reasonable restrictions [on voter registration] include: residence, citizenship, legal detention... criminal conviction.
- In general, these limitations fall within four categories: (1) minimum age requirements; (2) citizenship requirements; (3) residency requirements; and (4) loss of franchise due to mental incapacity, criminal conduct, or other factors. Any limitation or restriction on the right to vote, however, must be scrutinized as to whether it is clearly justified due to exceptional circumstances and whether it is proportionate to the circumstances in question.