Oireachtas Joint and Select Committees

Thursday, 10 April 2014

Joint Oireachtas Committee on European Union Affairs

Voting Rights of EU Citizens: Discussion (Resumed)

3:00 pm

H.E. Mr. Javier Garrigues Flórez:

I would like to make a general comment which can serve as a concluding observation. I speak for all of us on this side of the table when I say that our intention in coming here was not to propose our own models as examples. The idea was that in sharing our experiences we could help the Irish debate on this very important issue. We are not trying to influence the debate in any way. When we made comparisons we understood that the circumstances are very different in Ireland than in our respective countries.
Regarding the question on the change introduced in 2011 with an amendment to our electoral law in Spain, previous to the amendment every Spanish citizen living abroad automatically received a ballot. Since 2011 there must be a request from the elector to vote. However, the Spanish citizen living abroad is never disenfranchised. They automatically receive ex officio from Spain a form that they must fill in to express their will to vote. They receive that automatically and then they only have to return the form and the electoral documentation will be sent to them by mail. The Spanish citizen is never disenfranchised and can vote from abroad.
Such a situation has resulted in a reduction in the turnout, as I explained, from approximately 25% down to 5%. This is why there is questioning in Spain on whether the requirement reduced participation and what can be done about the situation. The question is how to balance the need to guarantee security, secrecy of the vote or ballot and the stimulus to participate. When ballots were sent automatically there was a risk, at least theoretically speaking, that those votes might be used in the wrong way. For example, a whole family could be forced by their paterfamiliasto vote in a certain way, etc. With this other system it is much safer and the guarantee of secrecy is more respected. As I said, it is a difficult balance and that is why the issue is being discussed in Spain at this stage.
The question was asked whether, on any occasion, the migrant vote had made a difference and the answer is "Yes". In Spain it can tip the balance due to the large number of voters living abroad. Sometimes one must wait for the migrant vote to be recounted in order to make sure the result of the election is final.
The right to vote is permanent and is never lost. A Spanish citizen who lives abroad never loses his or her right to vote. They only have to express the will to do so and they will be allowed. They are never, as I said, disenfranchised.
With regards Spanish citizenship and the right to vote, in some cases, as in Latin America, there is dual nationality for Spanish citizens.

They can vote in their country of residence and in their country of origin. We are talking about EU citizens and Spanish citizens living in EU countries. We are also talking about EU citizens living in Spain. They can vote but they must be registered on the local register of inhabitants in the Spanish electoral census. Once they are registered, are 18 years of age and have made a general statement that they want to participate in elections, which is considered a valid statement if they do not make a statement to the contrary, there is no restriction on them voting.

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