ELECTORAL RIGHTS FOR THIRD
COUNTRY NATIONALS IN IRELAND,
THE NETHERLANDS, NORWAY, AND
SWEDEN
Mikael Spång
Malmö Institute for Studies of Migration, Diversity
and Welfare
Department of Global Political Studies
Malmö University, Sweden
LEGAL REGULATIONS
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The International Convention on Civil and Political
Rights (ICCPR) restricts voting rights to citizens
European Convention for the Protection of Human
Rights and Fundamental Freedoms (ECHR)
stipulates that nothing in the convention shall be
regarded as preventing states from “imposing
restrictions on the political activity of aliens” (article
16)
Convention on the Participation of Foreigners in
Public Life at Local Level 1992, Council of Europe,
article 6: State parties shall “grant to every foreign
resident the right to vote and to stand for election in
local authority elections, provided that he fulfils the
same legal requirements as apply to nationals and
furthermore has been a lawful and habitual resident
in the State concerned for the 5 years preceding the
LEGAL REGULATIONS
Ireland, 1963; 6 months residence. Electoral Act from
1997, which in part II, section 10:
“[A] person shall be entitled to be registered as
a local government elector in a local electoral
area if he/she has reached the age of eighteen
years and he was, on the qualifying date,
ordinarily resident in that area”
 The Netherlands, 1985; 5 years residence. Elections
Act from 1989:
“Members of municipal councils shall be
elected by persons who are residents of the
municipality on nomination day and who have
attained the age of eighteen years on polling
day”
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LEGAL REGULATIONS
Norway, 1978 (Nordic citizens) and 1983 (all permanent
residents). Election Act, chapter 2.2: voting rights in local
and regional (fylke) councils for non-citizens which have
been registered for three years before the election, or in the
case of Nordic citizens those that are registered no later
than June 30 on the year of the election.
 Sweden, 1975. Local Government Act 1991:
Any person registered as a resident of the
municipality and 18 years old not later than the election
day is entitled to vote in the election of municipal assembly
members and their alternates and
1. is a citizen of Sweden or another Member State of
the
European Union (a Union citizen),
2. a citizen of Iceland or Norway, or
3. in the case of other aliens, has been a registered
resident of Sweden for three consecutive years before
the election day
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STATISTICAL OVERVIEW
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Number of TCN 2009:
- Ireland: ca 76 000
- The Netherlands: ca 347 000
- Norway: ca 137 000
- Sweden ca 292 000
Little information of voter turnout for TCN:
- Ranging from 10 % voter turnout in the case of
Luxembourg to 57 % in the case of Denmark. Sweden:
close to 35 % of the TCN’s voted in the 2006 elections
but only 28 % in the 2010 elections.
Non-citizen voter turnout in local and regional elections –
decline in Sweden since late 1970s and in Norway since
1990s but also some fluctuations over time. For some
groups, increase of voter turnout in the Netherlands
Little information about representation in municipality
and county boards but available information show
underrepresentation
POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
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Democracy arguments:
- the coercion principle – being subject to laws
- the affected interests principles – being
affected by political decisions (Dahl 1998 and
others)
Democratic presumption of overlap between
addressees of law and authors of law provide
background for extending voting rights. Involvement
in society gives rise to claim to have a political say.
Joseph Carens (2002: 112) formulates it: “[L]ong term
membership in civil society creates a moral right to
political membership”
Voting rights for non-citizens or easy naturalisation
process?
POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
Integration arguments:
- voting rights facilitate integration in
society
more generally
- political rights as means to achieve
integration vs political rights (citizenship) as
an
end-point of integration
 Other pro-arguments: recognition of being an
immigration country, pathway to citizenship in
terms of political socialization, recognition of
common historical legacy
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POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
Contra-arguments:
- devalues citizenship
- import of conflicts and involvement of
foreign
governments in domestic politics
- formation of ethnic parties
- dual/multiple voting rights
- domino effect
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POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
Sweden
 Late 1960s – Social Democrats and Centre Party:
democracy and justice requires that persons in
society should have a political say.
 Discussion about voting rights part of the
overhaul of integration policy, leading up to
adoption of multicultural integration policy in
mid 1970s, and changes to the constitution
 Finnish government arguing for voting rights in
the Nordic Council
 Unanimous decision in parliament in 1975
POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
Suggestions in late 1970s to extend voting rights
to national elections. Communists and Social
Democrats
 1983 Voting Rights Commission proposes
extension of voting rights for non-citizens
(initially only for Nordic citizens) to national
elections in early 1980s. Centre-Right parties are
against
 Residence vs citizenship principle of determining
the ”people”
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POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
The Netherlands
 Discussions of voting rights for non-citizens
partly an effect of discussions of voting rights for
Dutch nationals in the municipality of work (and
not only the municpality where they live) in the
early 1970s
 Proposal in 1976 to change the constitution to
open up for recognizing voting rights for noncitizens
 Only local elections because of connection
between regional elections and national assembly
(senate)
 Some differences between parties; left parties
more in favour, centre-right parties more divided
POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
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Human rights and democratic principles were
regarded as central for the reform, but also
integration arguments was important
POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
Norway
 Nordic Council discussion and Swedish reform
played an important role
 Rather little political debate – Progress Party
voted against the change in 1983 to extend voting
rights to all non-citizens
POLITICAL DISCOURSE ON TCN VOTING
RIGHTS
Ireland
 Recognition of voting rights in 1963 – did not
have to do with immigration but with the
situation in Northern Ireland and the previous
recognition in UK of local voting rights for Irish
citizens
 More discussion from the 1990s – campaigns to
increase non-citizen voter turnout
 Debates on naturalization did not affect question
of local voting rights
EXPLANATIONS AND CONSEQUENCES
Democracy and integration arguments central to
political debates
 Welfare state policies – population and people
(residence and citizenship)
 Domestic and transnational processes
 Increase of immigrant electorate impact in
positive ways on enjoyment of rights etc
 Some evidence concerning consequences on public
spending
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