tmjm m comm® im tmmt %wmuM um Dvn&im

cmmmm voti^G m v*&mm mmmm aommims

by

Th© Staff

Wfe&hliagtan, i>* C March X%5

wwmm

lit the foilowixii surveys are given of the countries

that have introaucsd compulsory voting* Xu one instance (France;

where futile attempts were made to introduce the Institution, &

brief survey of the legislative history is given* The countries

that were included in the survey and found to have no provisions

on compulsory voting are .Denmark, Finland, Federal -^public of

Qmmmy, Iceland, Monaco, the Jfetherlaada, Norway, and Sweden*

imm.A

voting has hmn «na&tad Hot olmtiom to the

Httti©ml taaetl (Ifetian&Irath and fpr the elesttaft ©£ th© ffc&ml

Prealdegt . However, ©anpuleary voting Tor ales-

ties* to the- f%UotmX Ootmil has ml 'bmn established muoaditiomlly.

lb© Individual Land® (©oa^on©nt part# of ih© /Imtrt&n, Bapublia) er©

authorised by Artial© 26 (1) of the ^s^bltutlom 'to establish oosSf

pyleory voting by 1mA la» appli sable to Use land oomwemd* Bet&iled

regulations concerning ©litoral psx>o#dure &®& ima&a&m&y voting,

vti&pat intrmmm t *m stipulated by federal 1m (HfttioiseX Ooamll Blect-

torsi Law «r W&t ^3aflaaid»k.JuMtoaB^ 19$2 praasOgatad ia the

of August 10, 1962 ualar So. 24&/19&J). this

f‘©de*saX lav dstar&UMw the vm&sm vtsleh &®mm aoqpartiolpatioa in

the voting In spit# of the eodetesm of eoapaXuory voting.

the Federal Lav oa CJawpul^ory Voting roads ©a fellows*

loBwul*oiy fating fv?a!AofUib.t3

Section 105

(X) loiapulaory voting shall take- jritose in lend* in

vhioh it ha© been established by Lftt»S lew.

(2) In Lend# where Qewputecsry voting exists, the m%&m

and individuals listed in the voting records mmt rnpmv

- 2 -

on election day d ring ©lection tin® before the election

authority and east their vote.

(3) "hoover evades hi a duty a© specified in Sub-

sect.Ian 2 without @. .'urtifled excuse eoBKiv:- an adn&uls^m-

l offongie and she - I id If the county ad .ra-

S

or in case of impassibility to recover (the .fine], with

eonfiaflBMMKt not to exceed four weeks. Tbto administrative

authority in the district in which the place of election is

situated 2iha.ll be corapoteat.

(4) A justified exoiM according to Subsection 3 exists if

1* the voter cannot appear at the voting place due

to- sickness or infirmity;

2. the voter is prevented [from voting] by his

official duties or other urgent duties of Ms

occupation;

3. the voter 1c on a journey outside the Lend, for

which the compulsory voting is established and

thus ha is absent from the place of election;

4. the voter ie prevented (from voting] by sickness

of members of his family or other urgent family

business;

3

5. the voter is prevented fro® the fulfilbseot of his

voting duty by obstruction of traffic or by force

of other cirsumst&nn ee«

Insofar US could be &aearfcaifl0d* to© " Vll ■■:.■ ■ ing Lands have

«si&hliithtd compulsory voting: Styrls {by |®v Ho. 30/1949), Tyrol

(by lav !So. 35/1949) and. For&rlberg (by Lav Ho. 29/1949).

As to too election of too Federal Pro-iidont, tha Constitution »

provides as follows 1

Acfc^laQ (l) ’the Federal President shall be elected by

toe entire people of the Federal State according to the principles

of direct and secret election. Everybody who is entitled to

vote in the election of toe %tioaalrat is entitled to vote

in toe election of the Federal President. For toe election

of the Federal President voting shall be compulsory. A Federal

Law shall provide detailed regulation?? for toe electoral

procedure and for the coicpuisory voting. That lav shall

especially determine the reasons which excuse abstention from

the election.

[ (2) - (6) irrelevant]

Detailed regulations are stipulated by Federal Law (Federal

Presoidont, Haitian Law of 1962 - W62 -

*

■men fro;: teoa x fws>i»as« ';i^i^a?^jifcikaftas« 2nd ad. , V. 1. The Hague, 1956. p. 122.

4

V*m&iFkta& la Us® of Mgast X0* 19-^ tsa&or

Lav £»* 247/1962 )*

Ufa* vot@r 1® mmm& for not osstiag for fch$ M*» ro&soaas

a» a^oeifiad In th« oXoetloti to Us# JktiomI O&asigXl {Saabion 23

of th® Fodoral Startlo** tmi of 1962).*

Prepared by Br. Stof&n Kocmris

5

wmxm

CcfePuUorv Voting, i-xtiele 48 of the Constitution states

that voting is compulsory,

Different reaeons arc given for the enactment of such legis¬

lation* It is said that voting is a right but at the 9mm time it is

a duty because nonooapliance with a constitutional provision is penalised

by law. The obligation to vote is also supported as being of a

democratic and psychological value for the country* It i© also important

to have older people compelled to votes "young people are more active

than the aged, who [usually]&b®tain more readily [from voting], favor- , V

ing ltherefore] progressives and revolutionaries***

iSSSZ&iSM &£ ApstolalaK i'raa fotjtog. Aoeordtog to Title VI u of the Else torsi Code, if a eltissn is unable to vote he should notify

the Justice of the peace, stating hi® reasons and giving the necessary

proof therefor (irt. 207)* The Justice of the peace, in agreement with

the police superintendent or dt&te attorney, apf accept the excuse (Art* 208;*

The police superintendent, in the 8 days following elections, soaks* a

list of the persons who failed to vote* If they cannot Justify their

1/ Joseph H. VlMcmink. U Ercit cowtitotlospel bel :e. BnaeUes, 1959. p. 65.

2/ oniteur tele*. August 19, 1928, and April 26, 1929.

• 6 —

failure, the justice of the peace, after consultation vith the State

Attorney, may, according to the circumstances, pronounce the following; w penalties*

(a) a reprimand or a fine of frets one to 3 francs for the first failure;

(h) & fine of from 3 to 10 francs for the second failure in a period

of 6 years|

(e) the elector^ sum la included on a special list arid posted

outside the city ball in bis combine for another failure in 10 years;

(d) the same penalty applies for the fourth abstention which is

unjustified in 13 year#; the person*a ume is removed from the electoral

lists for the next 10 years; and during this tlae he cannot receive

any appointment, promotion, or distinction from the central or local

government.

The citisen has the right to appeal the above convictions

during the 6 months following the notice of judgment,

Prepared by Dr. Virgiliu Stoicolu

J/ The fines were increased later to keep pace with the devaluation of the currency.

- 7 -

FSAMCE

The right to vote is an optional right. There is no duty

to vote* >

HThe duty to vote is a moral duty. The amendment to make

voting compulsory was rejected by the Constituent Assembly in 1946

(See the session of September 3, 1946. J. 0. [Journal officiel]

p. 3496). During the discussions on an electoral law ©n May 9,

1951# renewed proposals were made to introduce compulsory votingtM y

again without success.

If G. Burdeau. Droit constltutionnel et institutions politiques Farls# Libra!rie GfcnSrale et de Jurisprudence, 1963, p. 44^.

Prepared by

Dr. Domas Kriviekas

European Law Division Law Library

March, 1965

— 8 —

0HE801

Until 1952 the qkt Craak So«aUt»t&m vts paxraalgatad

that® ?J© tttfeicMM 1 ptwisto**, 0® WBM^IllfMAQr wfciag* How**

®wr, there wm® smch a «Htoo&*d la law Ho* 3324 of

Jmmmry 24# 1929 on I^liasaaataxy EUotions, (later HBsaied V taw

?lo, 6396 of fammx? l®t 193$) whisk mdo tmjustiflod afcseaa* from

’$ati?sg: paalshafels with a fi»& vp 'to 2000 MmInr*» Aooordiag to

thte km* mtoxmm wtm a^a over alac^jT and eatatae tfe* V

bollotti'Og ptao®.

The aggw Ooastltatloo la form B±ms Smsmxf 1# 1952 oiwaged

Artiol* 66 hr &ddi?ig an latarswettag elaaae# vhieh aw reads as

follows?

Art* 66. fturltaBMMib shall be oaaposed of P&p&i&m

lawfully eleoted tgr oltlmm hawing the right -to ret# and

tr dtroot* mii'mTmXf and tseoret ballot.

Ceasral ttaa® stall be ordered sad h*M sisstiltaaeo&sl^

throughout the State.

J/ Uw Bo.^ 3|24^ofJfamiaty La» lb. $396 of JemBry^iO,

p! i»3qo!' "tu oarl£*aa!'i,rl'!!''h'4 lahXrs'Jlt

- 9 -

•Xh* wW'iioa at tha right to vote my ha raasfarad y

mx&*to&p? hy l«vr»

f^o^ilag to M&riU 9 of the BlaotoraX **»&*♦ 549^

^ X932, in tb® far^dofi of Itagptfai 15#i»;r» of Jag*sl& 9# X95X * th» right

to la to tha tollawat U «mpalaw* Ho^wr, no

saaetimr, for Cailari to vote cos&d be* IwatodL

Ih^imrad tf So* 2wnm

2/ On Qwok aoswtttatdam of X952 is Xf52» P» J. f^aUa. amftfr 1nMi1iW4wB «f fottaaa-.J^ "i& Ha gas, 1956# p. 102; 'joartltaafam «Mlfc£fl»&> **-ter * L;''Jl

l&j Amos a* x&e p* 33.**22 *

jj Kmig feiu 1951? A# ?:-9o

10 -

XfALX

The Italian Constitution of 1947* stator that the exercise

of the right to vote la a civic duty (art* 4S}, hut no criminal

sanctions #tg ul&st violators' arc iapot^a.

However, otter edelaietretive in netuve* are

applicable against eitise&e who utetaia iron voting without juuti-

flea cause*

a suafcery of the pertinent previsions is given in the

followings

it list of those who abstain from voting in the election

to Urn che&ber of i3eputi.ee without a justified cnees shall be postal

among the eoagaunai listings for & period of one ®o&th« In addition*

for a period of five peers the notation %ao not voted” shall 'be

entered on all good-couduet certificates (See. 90* pars, i*

Voter* who a© not exercise their voting right must,within

a specified time* justify their failure to vote before the migror*

The sapor* upon evaluating their reaeea* for not voting* shall*

with the exception of sose categories of individuals epecifieu in

the law* compile a list of nonvoters and order its posting mam$

4 aw Ho* 2& of February 5* 1943. unified text of the : awe for the Election of the Chamber of Deputies.

- n *

te eoBmaal Hating* fkm posting of the list is ooasidtrsd &&

& personal noiiot to the noavoter (ice* 90# 1*1*11* >•§)♦

The nayor shall notify in writing ail rotors who hem

ahstsioed free* voting of their Implosion la tbs aoawtera * list

2/ within 10 days of tha posting of each list (Sou* 45}*

The iccluaion la ti*s uouvoter*1 list Kfl^r he appeaioa to

the pretest (prefetto* chief of the provincial. aoMnii; trail oa)

within 15 days before the expiration date of the posting of the

list* The 4«t#raia&tiQa oi the prefect is final (Sec* 98# last

paragraph )•"

Prepared by Or* Fraa Clupanovleh

2/ law Ho* 493 of May 14, 1954* Frevlsie&s on the. Election of the Chaster of 'deputies*

j/ 'Utot Mo. 2.4 of February 5, 194$* the provisions concerning the fhl.ltllaent of the duty to vote coatei*ea ia. imt ho. 24 of February 5# 194$# art? applicable to Law io* 29 of February 4* 194$» on the Elootlon to the Sonet* of the Italian hepublie (See* 25)*

FXLifcpr

- 12 -

rJECBEBSSTEES

Sn&ar th# electoral law of the Liechtenstein Diet of

December 27, 1921., Mo. 2/1922 Coll, voting is QOBqpulsoiy.

According to it® Article S, th# electoral committee xaay impose upon

the voter who falls to vote without a just flotcmse a flm of from

5 to 10 francs. The voter im entitled to take an appeal fro® -the

order imposing th® fine to the electoral oorasdsalon Itself within

3 days.

Prepared by Dr. Stefan lomn

SKiaaa

LUXEMBURG

Luxemburg is one of the few countries which have a compulsory

votfng law. Participation in elections to the Chamber of Deputies,

the legislative organ which "represents the country/* ~^is compulsory.-^

Voters may not vote by proxy. Voters who are unable to cast their votes

must inform the competent justice of the peace of the reasons for their

abstention as well as justify their nonparticipation at the elections.-^

Unjustified abstention is punished by a fine.^And, in case of recidivism

the penalty is increased.-^ A voter may even be stricken from the list of

voters for six years during which "he may receive no nomination, pro¬

of ctlllL5li75e,°Lthe GonStitUtion of the Graad °«*hy of Luxemburg of October 17, 1 68, as amended April 28, 1948} Amos J. Peaslee ConstitutionsjgfNations. 2nd ed. v. II, The Hague, 1956. p. 648-649.

2/ Art. 51 of the Luxemburg Constitution.

?ajer^s« MEtat luxerabourgeois. Manuel de droit con-

dr dr0li! adnlniBtratif Wtnbourgeois. Luxembourg, Imprimerie de la Cour Joseph Beffort, 1948. p. 142. 8

ElWtorh2^„°fM^r!tr Concerning the Amendment of the (ilSiaiMlMA.W?! gaolnpmie, 1924, 911) a6 amended

by the Law of July 10, 1950 (Mgagrial, 1950, 1010; Pasinomie. 1950, 219).

It/’' Sac. 262, par, 1.

-H -

motion, nor distinction - either by the Government, nor the adminis-

trations of the communes or public institutions." U

Penalties are not imposed upon voters who at the time of

the elections reside in a consaune where they are not entitled to

exercise the ballot, or who are over 70 years of age.^ Likewise

criminal prosecution is not initiated if the justice of the peace, in

agreement with the representative of the Public Prosecutor»s Office

at the Police Tribunal, rules that the voter is excused because of

the reasons he has referred to.

Judgments of conviction handed down in the absence of the

voter may be appealed within three months from the time of notifi¬

cation of the judgment. ^

A translation of the integral text of the Luxemburg law

provisions penalising unjustified abstention from voting appears in

the Appendix.

V Ibid»» Sec. 262, par. 3. §.f > Sec. 260, par. 2. 2.f iM.d» > Sec. 260, par. 1,

12^ lbl,d.*» Sec. 262, par. 5.

- 15 ~

APPENDIX

jsSSSEgt8..fygg._thc.l4W of July 31, 1924 Concerning the Amendment of the Electoral Uw 1/ as amended by the Lav of July 10, 1950, 2/

Mandatory Voting

259. Voters who find themselves unable to take part in the

balloting, must make the reasons for their abstention known to the

justice of the peace together with the necessary justification*

iSk [Criminal] prosecution shall not take place If the

justice of the peace, in agreement with the official of the Public

Prosecutor*s Office at the Police Tribunal, recognises the ground

of the excuses,

[The following] shall be excused as & matter of right? 1°

voters who at the moment of the elections reside in a commune other

than that in which they are called to the ballots 2® voters who are

over 70 years of age.

l£Lt Within eight days from the publication of the election

returns the official of the Public Prosecutor»s Office shall compile,

under the control of the justice of the peace, a list of the voters

who have not taken part in the voting and whose excuses have not been

accepted*

This list shall be compiled by the communes*

37 Manorial, 1924. 497 j Paslnomte. 1924, 911.

1/ Ijfeaorial, 1950, 1010» Pasinaale. 1950 , 219.

- 16 - /

Such voter® •k®*1 be summoned before the justice of the

peace according to the procedure outlined by the Law of July 15, 1914.

262^ %e first unjustified abstention [from voting] shall

be punished by a fine of from 5 franca up to 20 francs.

In case of recidivism within six years from the conviction

the fine shall be from 10 francs up to 30 francs.

In case of a second case of recidivism within the period of

nine years, the fine shall be from 30 francs up to 50 francs and, in

addition, the voter may be stricken from the electoral lists for six

years, and during such period of time he may receive no nomination,

promotion, nor distinction - either by the Government, or the adminis-

trations of the commmes or public institutions*

The absence of a voter from the poll, to cast his vote shall

not be considered recidivism for the purpose of the application of the

present section, if the voter is absent from the first balloting.

The conviction pronounced in the absence [of the voter] shall

subject to appeal within three months from the time of the aatlfi-

cation of the Judgment * ^

Prepared by &*• Amins Rusts

17 Translated f jXichi ds Uixgzabe- Edition cosxaent& Iiaprimerie Bourg Electoral, p. 6.

rota Code do la yrt

it ion •® et mise a

>enale en jour par Cl

*a urande Harames, rtar a jr,r par ch*ri*g wm w

-EouLir d luxerabourgeoise. Luxembourg, g ’ 195 ♦ (ieoae»ieaf), Article Elections et

AR:jib

-17-

SWITZERLAND

At the Federal level the pertinent provisions of the

Federal Constitution —^and special electoral laws, ~^do not make

the exercise of the vote compulsory, the majority of Swiss legal

writers -^have consistently interpreted these laws to mean that

voting is not compulsory in the Swiss Confederation.

At the cantonal level, however, legislation of several

cantons ~^made voting compulsory and provided for penalties (fines)

in cases of failure to exercise the right and duty to vote.

Humorous articles of Swiss legal writers are devoted

to the question of compulsory voting. ^

T7 Article" 74 o f the Swiss Federal Constitution of Hay 29, 1874, Bereir.igte Sawalmxg der Bundesgesetse und Verordnungcn, 1846*1947. v. 1. Bern9' 1949, p. 30. ’"(hereinafter abbreviated as' BS"J.^

J ~ ] 2/ Federal haw on Federal Elections and Referendum* of July 19, 1872, BS 1, 157; Federal Law on Facilitating the Exercise of Voting Rights and Simplifying the Voting Procedures of March 30, 1900, BS l, 163? Federal Decree on Participation of Military Persons in Federal, Cantonal and Local Elections and Referendum® of December 10, 1943, BS 1, 165.

3/ Zaccaria Giacometti. Schweizerisches Bundesstaatsrecht. Zurich, 1949, p. 451-452,

4/ For instance, the Cantons of 8chaffhausen, Appenzell I. -Rh., St. Gallon, Aargau, Thurgau, Tessin.

5/ Schallenberger. Der Stinmzwang in der Schweiz. Schweizerische Zeitschrift fUr Strafrecht. v. 10, 1897. p. 78 ff.j Emil Spira. Die Wahlpflicht. Wien, 1909; Christof Tobler. Per Stlmtazwang in den schweizerischen Kgntonen. Zurich, 1945. Dlss.

Prepared by Dr. Ivan Sipkov European Law Division Law Library Library of Congress

IS:jlb