The decision as to the kinds of election for which external voting will apply is important. It relates not only to political and institutional considerations (which institutions and which levels of government should be influenced by the votes of electors abroad?) but also to technical and logistical considerations, mostly linked to the type of system used to elect the legislature or the president and to the procedures that will be used for external voting.
The review shows that external voting can apply to four different types of elections:
• legislative elections;
• presidential elections;
• referendums; and
• sub-national elections.
It can apply to one type of election only or to a mix of several kinds of elections. The first two kinds are related to the election and renewal of organs of national representation such as legislative bodies and the presidency. The third group is referendums. These are considered only at national level, although in some federal states the constituent entities have the right to adopt their own instruments of direct democracy at local level.
The group of sub-national elections includes all elections to legislative or executive bodies at political–administrative levels of government lower than national level; however, this may vary from country to country according to the particular form of state or government. The key criterion is that representatives are chosen by popular vote. This group has only been studied in combination with other types of election for the purpose of this summary.
The question of external voting for supranational representative bodies should not be forgotten. However, so far, there is only one instance of external voting for a supranational institution—the elections to the European Parliament.
In some cases citizens of one European Union (EU) or Council of Europe member state who reside temporarily or permanently in another EU or Council of Europe member state are able to vote in the sub-national elections of their country of residence.
Where external voting is only allowed for one type of election, the most common practice is to allow it for legislative elections. Several countries, however, allow external voting for presidential elections only. There are no known cases of external voting being allowed for referendums only.
Some countries which hold both legislative and presidential elections do not allow external voting for both. For example, Afghanistan applied external voting for its presidential elections in 2004, but it was not applied for the legislative elections in 2005. Azerbaijan allows external voting for legislative elections only, even though the president is directly elected.
Types of election for which external voting applies
Almost half of the 115 countries and territories with provisions for external voting apply it to only one type of election, but a number allow it for two or more types of elections. The most common practice is to allow it for two types of election—most frequently presidential elections and legislative elections, which is found in 21 countries. A little over 20 countries and territories use a combination of three types of elections or more. To allow external voting for the largest number of types of election might at first glance seem to be the arrangement that was most inclusive of external electors. However, the real degree of coverage of external voting and its inclusiveness depend in part on the technical and administrative arrangements, which may impose real or effective restrictions. For example, some countries make only one type of voting method available in one or very few countries, which may not necessarily catch a large number of external electors.
From a different perspective, the available information permits to establish whether the voter has the option to vote for the type of authority that carries out the duties of government, for instance, whether in a presidential system the external elector has the chance to vote for president, while in a parliamentary system the external voter has the chance to vote for members of parliament (MPs).