Italian citizens residing abroad and registered with AIRE may exercise the right to vote abroad in their place of residence for elections to members of the Chamber of Deputies and the Senate, for abrogative and constitutional referendums pursuant to art. 75 and 138 of the Constitution and for the elections of members of the European Parliament due to Italy. Where established, citizens can also participate in the election of the Committees of Italians residing abroad (COMITES). 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 regulated by Law no. 459 of 27 December 2001 and its implementing regulation (Presidential Decree no. 104 of 2 April 2003). For political elections, Italian citizens vote for candidates in the Foreign Constituency, provided for by Articles 48, 56 and 57 of the Constitution. Citizens temporarily domiciled abroad for a period of at least three months for work, study or medical treatment can also be eligible to vote. To participate in the postal vote, these citizens must submit a specific application to their municipality of residence by the 32nd before the day of voting in Italy.
Voting abroad for the election of Italian representatives to the European Parliament is instead regulated by Law No. 18 of 24 January 1979 and by Decree–Law No. 408 of 24 June 1994 (converted into Law No. 483 of 3 August 1994). Unlike the electoral consultations regulated by Law 459/2001, only compatriots residing in an EU member country and registered with AIRE can participate in the elections to the European Parliament (these compatriots can, however, opt to participate in the election of representatives to the EP due to the member country of residence). Also in this case, the vote is allowed for compatriots temporarily present abroad (in an EU member country) for work or study reasons, subject to a specific request to be submitted by the eightieth day before the last day of voting to the diplomatic–consular representation competent on the basis of their temporary domicile.
Italian voters residing abroad and duly registered with AIRE may also vote for the election of representatives of the COMITES – Committees of Italians Abroad (Law no. 286 of 23 October 2003, and ), provided that they have been resident in the consular district for at least six months on the date of the elections and provided that at least three thousand Italians reside in the constituency (below this threshold the law does not provide for the election of COMITES). In this case, therefore, compatriots who are only temporarily present abroad cannot be admitted.
Main additional general rules on electoral matters
• Law no. 212 of 4 April 1956 – Rules for the regulation of electoral propaganda.
• Presidential Decree no. 361 of 30 March 1957 – Consolidated text of the laws containing rules for the election of the Chamber of Deputies.
• Presidential Decree no. 223 of 20 March 1967 – Consolidated text of the laws for the regulation of the active electorate and for the maintenance and revision of the electoral lists.
• Law no. 352 of 25 May 1970 – Rules on referendums provided for by the Constitution and on the legislative initiative of the people.
• Law no. 515 of 10 December 1993 – Regulation of electoral campaigns for election to the Chamber of Deputies and the Senate of the Republic.
• Legislative Decree no. 533 of 20 December 1993 – Consolidated text of the laws containing rules for the election of the Senate of the Republic.
• Law no. 28 of 22 February 2000 – Provisions for equal access to the media during electoral and referendum campaigns and for political communication.
• Law no. 62 of 16 April 2002 – Amendments and additions to the provisions of the law relating to the electoral procedure.
• Law no. 61 of 2 March 2004 – Rules on electoral crimes.
• Law no. 270 of 21 December 2005 – Amendments to the rules for the election of the Chamber of Deputies and the Senate of the Republic.
• Legislative Decree no. 71 of 3 February 2011 – Organization and functions of consular offices.
To consult the Italian legislation in the current text, it is suggested to visit the website www.normattiva.it.