Italian citizens living abroad and regularly recorded in the Registry of Italians Residing Abroad (AIRE) may exercise their right to vote abroad in their place of residence for national elections (election of members of the Parliament and the Senate), for the abrogative and constitutional referendums referred to in Articles 75 and 138 of the Constitution and for the election of Italy’s representatives to the European Parliament. Where constituted, citizens may also participate in the election of Committees of Italians Resident Abroad (COMITES). On the other hand, voting abroad is not provided for the election of regional, municipal and provincial councils, nor for local referendums.
Voting abroad for political elections and national referendums is governed by Law No. 459 of December 27, 2001 and its implementing regulations (Presidential Decree No. 104 of April 2, 2003). For political elections Italian citizens vote for the candidates of the Abroad Constituency, provided for in the Articles 48, 56 and 57 of the Constitution. Citizens residing abroad temporarily for a period of at least three months for work, study or medical treatment are also eligible to vote. In order to vote by absentee ballot, these citizens must submit a special request to their municipality of residence no later than the 32nd day before the polling day in Italy.
Key Additional General Election Laws
- Law no. 212 of April 4, 1956 – Rules governing electoral propaganda.
- Presidential Decree No. 361 of March 30, 1957 – Consolidated text of the laws governing the election of Members of Parliament.
- Presidential Decree No. 223 of March 20, 1967 – Consolidated text of the laws governing the exercise of the active electorate and the maintenance and revision of electoral lists.
- Law No. 352 of May 25, 1970 – Rules on the referendums provided for by the Constitution and on the people’s legislative initiative.
- Law No. 515 of December 10, 1993 – Rules and regulations governing electoral campaigns for electing Members of the Republic’s Parliament and Senate.
- Legislative Decree No. 533 of December 20, 1993 – Consolidated text of the laws containing rules for electing Members of the Republic’s Senate.
- Law No. 28 of February 22, 2000 – Provisions for equal access to mass media during electoral and referendum campaigns and for political communication.
- Law No. 62 of April 16, 2002 – Amendments and additions to the legal provisions concerning electoral procedures
- Law No 61 of March 2, 2004 – Rules and provisions concerning electoral offences.
- Law No. 270 of December 21, 2005 – Amendments to the rules for the election of Members of of the Republic’s Parliament and Senate.
- Legislative Decree No. 71 of February 3, 2011 – Order and functions of Consular Offices.
To consult the Italian legislation in force, it is suggested to visit the website: www.normativa.it.