Comments
Denmark
“3.2. THE ELECTORATE
The Constitution states the franchise requirements as: (1) Danish citizenship, (2) permanent residence in the realm, and (3) the voting age prescribed by law (18, since 1978). Furthermore, a prospective voter must not have been declared legally incompetent.
The residence requirement of the Constitution does not allow the extension of franchise to all Danes living abroad, but the interpretation of the meaning of “permanent residence” has been broadened to a certain extent since 1970, giving the way for some Danish citizens to retain their right to vote despite living abroad. The first step away from a strict interpretation of the term “permanent residence” was taken in 1970, where the residence requirement was construed to the effect that employees of the Danish state working abroad (diplomats) are regarded to fulfill the residence requirement. Furthermore, since 1980 the requirement has also been construed in such a way that employees of a Danish public agency or Danish private companies working abroad, people working in international organisations of which Denmark is a member, or Danish aid or relief organisations, students studying abroad, or people living abroad for health reasons – as well as their spouses, registered partners or co-habiting partners – are all considered to have fulfilled the residence requirement, provided that their stay abroad is not permanent. Finally, in 2003 the group of Danish citizens who retain their right to vote at national elections in Denmark despite living abroad was further broadened to include all Danish citizens taking up residence in a foreign country provided they intend to return to the realm within two years of their departure. Beyond this, it is not likely to see any further broadening of the interpretation of the “permanent residence”-criteria in the Constitution.”
Folketing (Parliamentary) Elections Act (Consolidated Act No. 369 of 10 April 2014)
Franchise and Eligibility
1. -(1) Franchise for the Folketing is held by every person of Danish nationality, who is above 18 years of age, and permanently resident in the realm, unless such person has been deprived of his or her legal capacity under a guardianship order, cf. section 6 of the Guardianship Act.
2. -(1) Persons who are employed by the Danish State and ordered to enter service outside the realm, shall be considered to be permanently resident in the realm.
(2) The following persons who have taken up temporary residence in foreign countries shall also be considered to be permanently resident in the realm
(i) persons being sent out in foreign service as employees of a Danish public agency or any local private undertaking or association;
(ii) persons taking up residence in foreign countries as employees of an international organisation of which Denmark is a member;
(iii) persons being sent out to do service in foreign countries by a Danish relief organisation;
(iv) persons staying abroad for the purpose of education;
(v) persons staying abroad for health reasons;
(vi) persons staying abroad and who, with respect to affiliation with the realm, must be quite coequal with the persons specified in paragraphs (i) to (v).
(3) Persons taking up residence in foreign countries shall also be considered to be permanently resident in the realm if they intend to return to the realm within two years of their departure.
(4) Any person co-habiting at the same address with a person comprised by subsections (1), (2) or (3) shall be considered to be permanently resident in the realm if the co-habiting partners concerned
(i) have married or entered into a registered partnership with each other, or
(ii) fulfil the conditions of marrying or entering into a registered partnership with each other and had set up joint residence before departure.
