Who Votes in Local Elections? A Permanent Resident's Question
Ahmed, 29, is an Egyptian citizen who has lived in Tartu for six years. He holds a permanent residence permit and pays local taxes. He is not an Estonian citizen and has not applied for naturalisation. His neighbour Olga is a stateless person with a permanent residence permit who has lived in Tartu for ten years. Their friend Liis is an Estonian citizen who has just turned 18 and moved to Tartu from Viljandi two months ago. The local government council election is in three months. Ahmed wants to vote and also asks whether he can run for the council. Olga asks whether her stateless status excludes her. Liis assumes she can vote because she is an Estonian citizen. The municipal electoral committee has published a notice saying that 'only citizens may vote'.
1. Can Ahmed vote in the local government council election? Can he stand as a candidate?
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Ahmed can vote if he holds a permanent residence permit and his permanent residence is registered in Tartu. Estonian local elections are not limited to citizens: EU citizens and aliens with permanent residence (or the relevant right of residence) are enfranchised. He cannot stand as a candidate, because the right to nominate candidates is limited to Estonian citizens and EU citizens who have the right to vote. His Egyptian citizenship therefore gives him the vote but not passive electoral rights. The electoral committee's notice is overbroad and should be corrected.
2. What about Olga and Liis?
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Olga: stateless status is not a bar; with a permanent residence permit and permanent residence in Tartu she can vote. Liis: Estonian citizenship and age 18 are necessary but not sufficient; her permanent residence must be in Tartu by the cutoff for the electoral roll. Moving two months before the election may or may not be enough, depending on her population register entry and the cutoff date. She should check the register and, if she is still registered in Viljandi, vote there or correct her residence data if eligible. She should not assume citizenship alone gives her a Tartu ballot.
3. What should Ahmed do if the polling station refuses him?
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He should ask the polling station for a written refusal and the legal basis. He should check whether he is on the electoral roll and whether his residence data are correct. He can contact the municipal electoral committee, then the county electoral committee, and if necessary file an appeal with the administrative court. The Chancellor of Justice can also investigate maladministration. He should act quickly because election disputes have short deadlines. A refusal is not final if it is based on an incorrect blanket 'citizens only' rule.