The Question

This question is posted on belhalf of Abdurashid Solijonov, Electoral Processes Team, International IDEA.

I am trying to compile a list of countries that have made changes to their electoral systems or voting from abroad procedures since 2005. Any examples that you can provide would be much appreciated.

Summary of responses
Listed below are changes to both electoral systems and voting from abroad, as contained in the replies received.

Changes to electoral systems:
• Bulgaria (2009): Electoral system unilaterally changed from pure List PR to a mixed, parallel system just weeks before the election.

Changes to voting from abroad:
• Philippines (2003): Overseas Absentee Voting Act allows for out of country voting (OCV).
• Cameroon (2011): OVC introduced for presidential election, in countries where Cameroon has a diplomatic presence.
• Croatia (2010): Number of reserved seats for diaspora reduced from five to three.
• South Sudan (2011): OCV held in eight countries for the referendum.
• Kenya (2010): A new constitution provides for OCV in presidential elections.
• Spain (2007): OCV made available for citizens living abroad temporarily, as well as permanently.
• Spain (2011): OCV rescinded for local elections.
• South Africa (2009): Constitutional court application rules that all South Africans have right to vote abroad, provided they have registered beforehand and informed the electoral commission of their intent.
• Georgia (2012): Voter registration via Skype introduced for OCV.

Examples of related ACE Articles and Resources
Encyclopaedia:
• Voting from Abroad

• Electoral Systems

Consolidated Replies:
• Organizing voting from abroad within a short timeframe 

Comparative Data:
• Who can vote from outside the country?
• Locations for voting outside of the country 
• What is the electoral system for chamber 1 of the national legislature?

Names of contributors
1. Amina Rasul Bernardo
2. Idi Boina
3. Jean Paul Netsengue
4. Tihana Bartulac Blanc
5. Bhojraj Pokharel
6. Ana Cristina López
7. Velko Miloev
8. Pansy Tlakula
9. Gregory Minjack

Philippines: The Overseas Absentee Voting Act ( Republic Act No. 9189) , passed on February 13, 2003 which provides for a system for citizens of the Philippines currently residing or working outside of the Philippines to vote in an election.   Implemented by the Commission on Elections (COMELEC) with the help of the Department of Foreign Affairs (DFA).  Turnout during the 2004 and 2010 elections were not too good.  

Effectivement, il ya des paie Qui font bénéficier Chaleurs ressortissants à Accomplir Leur Devoir civique en votant A PARTIR des paie ous ILS  résident . D'Abord si le code de  électoral  prévoit  le vote des ressortissants du Pays, La CE NI  envisager  des nations unies trauail Parallèle AVEC Le Ministère des Affaires étrangères, Les Ambassades consulats OÜ. ILS  dépêchent  des MEMBRES de la CENI with des techniciens chargés de  census  for  établir  les listes  electorales . ILS mettent en place des urnes, et procedent vote au journey Jours Avants Salaire: Selon le  décalage. ILS mettent en place des urnes, et procedent vote au journey Jours Avants Salaire: Selon le décalage Horaires pourqu'au jour du scrutin au paie, ILS Ont TOUTES les ETANT for completer les resutats obtenus au Niveau national.

UNE Bonne Exemple Le Des  Législatives  Actuelle in France 

Cameroun : La loi du 19 avril 2012 portant Code Electoral en République du Cameroun, a repris en son titre X, les dispositions de l'ancienne loi relative au vote des citoyens camerounais résidant ou établis à l'étranger. La spécificité du droit de vote reconnu par la loi aux citoyens camerounais de la diaspora, est qu'il est strictement circonscrit à la participation à l'élection du Président de la République et au référendum. Ce droit n'a été institué qu'en mai 2011, en prélude à l'organisation du scrutin présidentiel prévu en octobre de la même année.

Il faut noter cependant que seuls les citoyens camerounais résidant ou établis dans les pays où le Cameroun dispose d'une représentation diplomatique résidente peuvent participer à ces deux scrutins.

Elections Cameroon (ELECAM), OGE en charge de l'organisation et de la gestion des processus électoraux et référendaires, procède, le cas échéant, à la mise en place des Commissions mixtes chargées des opérations électorales, et à l'organisation des scrutins susdits.

Jean Paul NTSENGUE

Croatia (Article 45 of the Constitution dated July 6, 2010) reduced the number of seats for the "Diaspora" or "11th Constituency" from 5 in the last election (the number differed from one election to another and was calculated using a complicated formula based on turnout in Croatia's 10 constituencies) to 3 reserved seats.

During the referendum in South Sudan in 2011, Sudan allowed out of country voting. South Sudanese residing in various 8 countries used their ballot in this historical election. Under the guidance and supervision of South Sudan Referrendum Commission IMO was given responsibility to conduct it. 

This reply is posted on behalf of a member of the Malaysian Centre for Commonwealth Studies

Before the adoption of a new constitution in Kenya in August 2010, the constitutional and legal framework did not provide for the right of Kenyans living abroad to vote in the elections. However the new constitution now provides there will be the " Progressive realization of their right to register and the progressive realization of their right to vote" The electoral is now completing the diaspora registration and voting policy. Following best practice within the Africa continent we shall voters residing abroad to prove their citizenship through the possession of a valid Kenyan passport. They will register and vote in person at Embassies , High commissions and Kenya consulates abroad. We will gazette officials other than the head of mission and deputies as registration and polling officers. The voters in the diaspora will only cast ballot for the presidential elections only for now.

Spain:

- In 2007 reglamentary provissions were adopted to establish a procedure so that Out of country voting was available for spanish electors temporarilly living abroad (for less than a year) without having to be registered at the Electoral Census of the Spaniards Living Permanently abroad (CERA), but registered at the Electoral Census of Spaniards residing in Spain.

- In 2011 the Organic Law on the General Electoral Regime (Ley Orgánica 5/1985, de 19 de junio, del Régimen Electoral General) was modified so that Out of Country Voting for electors permanently living abroad (CERA) is no longer used at Local Elections, as it was before, and spanish electors permanently living abroad have to apply to vote at every election (before the modification of the Law, they did not have to do so: they, ex officio, would receive by mail the electoral documentation without having to apply for it, except for the case of the Local Elections: in that case, they did have to apply for the documentation to vote by mail, but, as it has been said before: now, there is no OCV for Local Elections.)

Organic Law on the General Electoral Regime (Ley Orgánica 5/1985, de 19 de junio, del Régimen Electoral General)

1. Article 2.

In Municipal Elections it is compulsory to be registered at the Electoral Census of Spaniards Residing in Spain. (N.B. Therefore, if an elector is registered at the Electoral Census of Spaniards permanently living abroad, he/she cannot vote from abroad.)

2. Article 75. Out of country voting.

In General Elections (Congress of Deputies and Senate), Autonomous Communities Parliamentary Assemblies' Elections, Elections to the Assemblies of the Autonomous Cities of Ceuta and Melilla, and in European Parliament Elections (N.B. as well in referendums), spanish citizens registered on the Electoral census of spaniards residing abroad may submit the official form (out of country voting by mail) to the correspondent Provincial Electoral Census Delegation, no later than the 35th day after the calling of the elections. That offical application form will be send to spanish electors on the Electoral census of spaniards residing abroad, this notwithstanding that form will be available, from the day after the calling of the elecionts at all Consular  Offices as well as by electronics means. The application form will enclose a copy of the passport or the National Identity Card, issued by the Spanish authorities or, if this is not possible, a nationality certificate or a certificate about the registry on the Consular Register, issued by the Spanish consulate in the correspondent country of residence.

Once the application is received  the Provincial Delegation of the Electoral Census Office will send to the elector's registry address the ballot papers and the voting envelope or envelopes, two identical certificates  that prove the elector is on the Electoral census/register of the Spaniards living abroad, and one envelope addressed to the Electoral Commission and another one addressed to the Consular Office or Consular Section of the Diplomatic Mission where the elector is registered at.

The sending of all that electoral documentation has to be done by registered mail and no later than the 34th day after the calling of the election, in those provinces (constituencies) where the candidates' proclamation had not been contested, in other cases, the sending has to be done no later than the 42nd day after the calling of the elections.

Electors permanently living abroad who decide to vote by mail must attach to the envelope address to the correspondent Electoral Commission, along with the voting envelope or envelopes and the certificate of the registry on the Electoral Census/register of the spaniards living abroad, a copy of their passport or of their National Identity Card issued by spanish authorities, or, if this is not possible, a nationality certificate or a certificate about the registry on the Consular Register, issued by the Spanish consulate in the correspondent country of residence, and send, by registered mail, and no later than the 5th day before election day, all these documents using the envelope addressed to the Consular Office or Consular Section of the Diplomatic Mission where the elector is registered at.

Those electors who decide to go to the Consular Office or Consular Section where they are registered and hand in the vote to the Consulate employee who will keep the votes in a ballot box (Note: the Consulate is not a Polling Station and no tally of the votes takes place abroad), can do so in between the 4th and the 2nd day before election day.

The elector will prove his identity by showing to the Consulate employee his/her copy of the passport or the National Identity Card, issued by the Spanish authorities or the nationality certificate or a certificate about the registry on the Consular Register, issued by the Spanish consulate in the correspondent country of residence, he/she will also show and hand in one of the certificates about his/her registry on the Electoral Census/register of the Spaniards living abroad he/she had previosuly received by mail. Then the elector will deposit the envelope addressed to the Electoral Commission which is competent for the correspondent elections to tally the votes in Spain. The Consulate employee, before the elector deposits the envelope, will stamp the envelope with the Consular Office´s rubbern stamp (with the date of the deposit).

During the days in which it is possible for the electors to deposit the vote in the Consular Office, the responsible Consulate employee must guard the ballot boxes, including the sealing of the ballot boxes at the end of every day, and take measures to foster the voting. Candidatures´ representatives  may be present at the Consular Office during the days the deposit of the votes takes place.  

Once the period for the deposit of the vote is over, the Consulate employee will issue an official document with the number of certificates about registries on the Electoral Census/Register of the spaniards living abroad received and, the case being, the incidents that may had taken place, as well as the number of envelopes received by mail at the Consulate up to the end of the deadline for the deposit of the vote in person at the Consular Office. On the following day, the deposit envelopes and the envelopes received by mail, all allong with the official document issued by the Consulate employee will be send, as electoral sending, to the special Office created ad hoc at the Ministry of Foreing Affairs and Cooperation. This Office will proceed to send (express sending) those envelopes to the correspondent Electoral Commissions.

In all cases regulated in this article it will be essential, so that the votes are valid, that the aforesaid envelope has the Consulate's stamp or any other official stamp from a Postal office of the Country abroad, which certifies, without no doubt, that the specific deadline requirements have been met.

The day of the tally of the votes (scrutiny in Spain. 3 days after election day. (5 days after a referendum)) and before beguining the tally, the competent Electoral Commission sets up as Polling station at 08:00 A.M.,  being present the interventores (candidatures' observers).

After this, the President of the Electoral Commission  puts into the ballot box, or ballot boxes, the voting envelopes of the spaniards living abroad received up to that momment and the Secretary annotates the voters' names in a list. Then the Electoral Commission counts the votes and adds them up to the general tally.

The Government, previous report of the Central Electoral Commission, may regulate the criteria and limit the cases this article is of application,  as well as establish other procedures for the vote of the spaniards living abroad in Countries where it is not possible to aply what it is established in this article. 

 http://elecciones.mir.es/generales2011/Resuelva_sus_dudas/2011_Voto_CERA.htm

http://elecciones.mir.es/generales2011/Resuelva_sus_dudas/_Voto_ERTA.htm

http://www.infoelectoral.mir.es/

http://www.infoelectoral.mir.es/Normativa/normativa_es_detail_procede_8.html

This reply is posted on behalf of a member of the Malaysian Commonwealth Studies Centre.

Before the adoption of a new constitution in August 2010 the constitutional and legal framework did not provide for the right of Kenyans living abroad to vote in the elections. However the new constitution now provides there will be the " Progressive realization of their right to register and the progressive realization of their right to vote" The electoral commission is now completing the diaspora registration and voting policy. Following best practice within the Africa continent we shall allow voters residing abroad to prove their citizenship through the possession of a valid Kenyan passport. They will register and vote in person at embassies, high commissions and Kenya consulates abroad. We will gazette officials other than the head of mission and deputies as registration and polling officers. The voters in the diaspora will only cast a ballot for the presidential elections for the time being.

In Bulgaria in 2009 the then parliamentary majority changed the electoral system only a few weeks before the election – from pure List PR to a mixed, parallel system. This was done without any kind of public consensus. Simply, there was an expectation within the leading party in the then governing coalition (based on earlier patterns of voting) that their candidates are more likely to win in the newly introduced single member electoral districts. This proved to be a wrong calculation. Nearly all of these ‘majoritarian’ seats were won by almost entirely unknown nominees of a recently established new party. Among other reasons, there seemed to be an angry public reaction with what was rightly perceived as blatant electoral engineering. (There was another proposal aimed against the opposition – to raise the threshold for coalitions from 4 to 8 %, but this amendment was not passed.)
In this context, the new parliamentary majority finally took the long awaited step to compile the laws governing the four different types of elections held in the country into one Electoral code (2011). However, there is still no legal prohibition to amend the Code shortly before an election and the electoral system is not specified in the Constitution.

This reply is posted on behalf of Pansy Tlakula, Chairperson of the Independent Electoral Commission of South Africa and member of the Malaysian Commonwealth Studies Centre.

Prior to 2009, only South Africans who were abroad on government service,  members of their household and South Africans who were temporarily abroad for a holiday, business trip, attendance of a tertiary insitution or an educational visit or participationin an international sport event could vote, provided firstly, that they were already registered as voters and secondly that they informed the Chief Electoral Officer in advance of their intention to vote and the place where they intended to cast their votes abroad.
 
Voting took place at the South Africa embassies, high commissions and consulates.  Just before the 2009 election, an application was successfully brought before the Constitutional court to declare this provision unconstitutional. Since the application was brought very close to the election, the court in striking down this provision, ruled that all South African who are abroad, who were already registerd as voters should be allowed to vote provided they informed us in advance of their intention to do so.
 
The same parties who brought the consitutional court application have now approached us to make registration facilities available abroad to afford South Africans who are abroad the opportunity to register as voters should they so wish. We are in the process of discussing this matter.  

You might want to look at a new initiative (as of Feb 2012) by the Republic of Georgia to enable Internet registration on the consular voting rolls using the application SKYPE.  So far, this seems like a very user-friendly system that is helpful to members of a diaspora who are not located near a consulate (such as in the USA).  What is not yet tested is how the Georgian system will handle high-volumes of registration as it requires a registrar to be on the receiving end of the registration call on SKYPE. One apparent shortcoming of this innovative system is that the Georgian government doesn't seem to be putting much effort into promoting the availability of the SKYPE-based registration system.  Use of the system may also beg the question of whether the Georgian government will be willing to open polling stations in locations where many Georgian register but who do not live near consulates.

This reply is posted on behalf of Jarosław Zbieranek.

In Poland, postal voting for voters abroad was established in the new Electoral Code (2011). 23 000 Poles voted using this procedure in parlamentary elections in October 2011.