Legislative and Jurisprudential Landmarks on Postal Voting

Abstract

Having examined the regulations on the matter, it is found that this voting method essentially refers to the casting of votes by mail, either directly to the appropriate electoral authority of the voter’s electoral district of his/her country of origin, or to his/her country’s embassy or consulate that has jurisdiction over the voter. As a general rule, ballots are mailed to voters together with an inner and an outer envelope. The filled-in ballot paper is placed in the inner envelope which is then placed in the outer envelope and sent by mail. As a main rule, the postal service is free of charge. The main advantage of postal voting consists in facilitating the exercise of the right to vote for oversees voters. Further below, we will provide certain legislative and jurisprudential landmarks on postal voting, building on the general framework given by the constitutional rules which enshrine political rights, and particularising with examples from the case-law of certain constitutional courts which were called upon to adjudicate on the constitutionality of the regulations concerning this method for the exercise of the right to vote.