(Reference Office: D.G.IT. – Desk II)
Italian citizens living abroad and regularly registered with AIRE may exercise their right to vote abroad in their place of residence for national elections, for abrogative and constitutional referendums under Articles 75 and 138 of the Constitution and for European Parliament elections. Voting abroad for national elections and referendums is governed by Law No. 459 of December 27, 2001 and its implementing regulations (Presidential Decree No. 104 of April 2, 2003), implementing Articles 48, 56 and 57 of the Constitution, which established the Overseas Constituency. Law No. 52 of May 6, 2015 (the so-called “Italicum”) laid down that citizens temporarily abroad for a period of at least three months for work, study or medical treatment may also request their Municipality to vote abroad by correspondence. The provision will take effect for the election of the Chamber of Deputies as from July 1, 2016, while it is immediately effective for any referendum held after the entry into force of the Law (May 23, 2015).
Voting abroad for the election of Italian representatives to the European Parliament is instead regulated by Law No. 18 of January 24, 1979 and by Decree-Law No. 408 of June 24, 1994 (converted into Law No. 483 of August 3, 1994).
Italian voters living abroad and duly registered with AIRE may also vote for the election of the representatives of COMITES – Committees of Italians Abroad (Law No. 286 of October 23, 2003).
General laws and regulations on elections
- 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 the Chamber of Deputies
- Presidential Decree No. 223 of March 20, 1967 – Consolidated Text of the laws governing the exercise of active electoral rights and the maintenance and revision of electoral rolls
- 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 the election of the Chamber of Deputies and the Senate
- Legislative Decree No. 533 of December 20, 1993 – Consolidated Text of the laws containing rules for the election of the Senate
- Law No. 28 of February 22, 2000 – Provisions for equal access to the media during electoral and referendum campaigns and for political communication.
- Law No. 459 of December 27, 2001 – Rules for the exercise of the right to vote by Italian citizens living abroad.
- 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 the Chamber of Deputies and the Senate
- Legislative Decree No. 71 of February 3, 2011 – Organisation and functions of Consular Offices.
For consulting the current Italian regulations, please visit the website www.normattiva.it.