Can the Irish abroad currently vote in Irish elections?
No. If you are an Irish citizen living abroad you cannot be entered on the Register of Electors. This means that you cannot vote in an election or referendum in Ireland. The only exception to this is in the case of Irish officials on duty abroad (and their spouses) who may register on the postal voters list.
What does the constitution say on the matter?
The franchise for the Dáil, (and thereby for Presidential elections and referenda) is governed by article 16 of the Constitution which states:
“i Every citizen without distinction of sex who has reached the age of twenty-one years, and who is not placed under disability or incapacity by this Constitution or by law, shall be eligible for membership of Dáil Éireann.
ii such other persons in the State as may be determined by law, without distinction of sex who have reached the age of eighteen years who are not disqualified by law and comply with the provisions of the law relating to the election of members of Dáil Éireann, shall have the right to vote at an election for members of Dáil Éireann.”
To date, the Oireachtas has interpreted “All Citizens, and such other persons in the state” to mean that only citizens in the state can vote. The ambiguity of this clause could theoretically form the basis for a legal challenge. However, there is some legal opinion that the Supreme Court would be unlikely to challenge the Oireachtas’ interpretation in practice. That would leave a constitutional amendment as the only route to enfranchising the Irish abroad.
How does this compare with other countries?
The overwhelming majority of European countries make provisions for emigrant voting. In over 30 European states [1], this right is recognised without any restrictions concerning the period of absence or even the obligation to have resided in the country.
Two further countries, Germany and the United Kingdom, restrict voting but to a lengthy time period of 25 and 15 years and respectively.
Among EU states, Ireland is alone with Cyprus, Denmark and Malta in not enfranchising its citizens abroad. It seems clear that Ireland is now out of step with most of its European neighbours.
Throughout the world, 102 countries out of a total of 195 [2] allow their citizens living abroad to vote in some or all national elections[3]. However, the vast majority of Western countries do make provisions for emigrant voting. Ireland is one of the only countries in the Western world not to enfranchise its citizens abroad.
[1] Austria, Belarus, Belgium, Bulgaria, Czechia, Croatia, Estonia, Finland, France, Georgia, Iceland, Italy, Latvia, Lithuania, Luxembourg, Moldova, Monaco, Norway, Netherlands, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland and Ukraine.
[2] The full list of countries is: Andorra, Argentina, Australia, Austria, Azerbaijan, Belarus, Belgium, Benin, Bolivia, Botswana, Brazil, Bulgaria, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Costa Rica, Cote d’Ivoire, Croatia, Cyprus, Czechia, Djibouti, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, India, Indonesia, Iran, Iraq, Italy, Japan, Kazakhstan, Kenya, Korea, Kosovo, Kyrgyzstan, Latvia, Lebanon, Libya, Lithuania, Liechtenstein , Luxembourg , Malaysia, Maldives , Mali, Marshall Islands, Mauritania , Mauritius, Mexico , Micronesia , Moldova , Monaco, Mongolia, Mozambique, Myanmar , Namibia , Nauru, Netherlands, New Zealand, Niger, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Romania, Russia, Rwanda, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Thailand, Timor-Leste, Tunisia, Turkey, Ukraine, United Kingdom, United States.
[3] In our analysis, the method of voting (postal, proxy, e-voting, in consulates, in-person, etc.) was not taken into account, nor was the election type (presidential, legislative, national, district, referenda etc.). Countries which allow for out-of-country voting but have otherwise restrictive policies (temporal restrictions, only certain citizens, etc.) were excluded from the list. Also, where there was doubt or uncertainty regarding the situation, the country was also excluded from the list.