Compulsory voting - Biblioteka.sk

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Compulsory voting
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Compulsory voting, enforced.
Compulsory voting, not enforced.
Compulsory voting, enforced (only men).
Compulsory voting, not enforced (only men).
Historical: the country had compulsory voting in the past.

Compulsory voting, also called universal civic duty voting or mandatory voting, is the requirement that registered voters participate in an election. As of January 2023, 21 countries have compulsory voting laws.[1] Law enforcement in those countries varies considerably and the penalty for not casting a ballot without a proper justification ranges from severe to non-existent.

History

Antiquity

Athenian democracy held that it was every Athenian citizen's duty to participate in decision-making, but attendance at the assembly was voluntary. Sometimes there was some form of social opprobrium to those not participating, particularly if they were engaging in other public activity at the time of the assembly. For example, Aristophanes's comedy Acharnians 17–22, in the 5th century BC, shows public slaves herding citizens from the agora into the assembly meeting place (Pnyx) with a red-stained rope. Those with red on their clothes were fined.[2] This usually happens if fewer than 6,000 people were in attendance, and more were needed for the assembly to continue.[3]

In the Roman Republic, the legitimacy of the form of government known as res publica, which entrusted the powers of sovereignty to an elected aristocracy, was most evident in the Roman right to suffragium.[4] Cicero argues that the right to vote provided Roman citizens with a certain degree of political participation, thereby guaranteeing their de facto ownership of their property, which they could administer as they wished. In practice, voting was conducted only in Rome, either in the Campus Martius or in the Forum, and not many citizens would have been able to afford the journey or take time off to vote.[5] In addition, contrary to Greek custom, there was no economic compensation for voting. However, Cicero mentions an election that could not continue because of particularly low voter turnout, requiring a temporary draft to be implemented, though it is unclear if this was an exceptional case.[4]

Modern era

From the 19th century onward a relatively small number of democracies have introduced compulsory voting at one time or another. From 1862 to 1998, compulsory voting was enacted in 20 democracies, most of which were in Western Europe or Latin America.[6]

Belgium has the oldest extant compulsory voting system which was introduced in 1893 for men[7] and in 1948 for women.[8]

Compulsory voting for national elections was introduced in Australia in 1924, with states and territories passing their own compulsory voting laws at various times.[9] Voluntary voting in Australia before 1924 accounted between 47% and 78% turnout of eligible voters. Following the introduction of compulsory federal voting in 1924 this figure increased to between 91% and 96%,[10] with only 5% of eligible voters accounted as not enrolled.[11]

The Netherlands and Venezuela are among several countries that have moved from compulsory to voluntary voting, in 1967 and 1993 respectively.[12] Turnout in the Netherlands decreased from 95% to around 80%.[13] Venezuela saw turnout drop from 82% to 61% in 1993 once compulsion was removed.[14]

Arguments for

Capture voter preferences

A system with higher turnout helps make the electorate more representative and voter suppression more difficult. This major step towards the universal democratic principle of "one person, one vote" strengthens democracies and aligns the choices of its politicians with the preferences of its citizens. Since lower-turnout races are not randomized samples of an electorate (unlike a citizens' assembly), they distort the wishes and power of the electorate.

Civil responsibility

Supporters argue the democratic election of governing representatives is a citizen's responsibility as opposed to a right.[15] Equating in kind to similar civil responsibilities such as taxation, jury duty, compulsory education or military service, voting in these democracies is regarded as one of the "duties to community" mentioned in the United Nations Universal Declaration of Human Rights.[16] This view asserts that, by introducing an obligation to vote, all citizens governed by a democracy partake in the responsibility for the government appointed by democratic election.

Improve candidate choices

Monash University political scientist Waleed Aly argues that whether compulsory voting favors the right or the left is beside the point, because the most beneficial aspect of compulsory voting is that it will improve the caliber of individuals who run for office and the quality of the decisions that they make: "In a compulsory election, it does not pay to energize your base to the exclusion of all other voters. Since elections cannot be determined by turnout, they are decided by swing voters and won in the center... That is one reason Australia's version of the far right lacks anything like the power of its European or American counterparts. Australia has had some bad governments, but it hasn't had any truly extreme ones and it isn't nearly as vulnerable to demagogues."[17]

Mild penalties provide big boosts in turnout

Penalties only need to be modest to boost turnout and achieve the goal of attaining a much more representative electorate, especially since the public and the courts usually insist on a seamless voting process for places with mandatory voting laws.[18]

Paradox of voting

Supporters of compulsory voting also argue that voting addresses the paradox of voting, which is that for a rational, self-interested voter, the costs of voting will normally exceed the expected benefits. The paradox disproportionately affects the socially disadvantaged, for whom the costs of voting tend to be greater. Australian academic and supporter of compulsory voting, Lisa Hill, has argued that a prisoner's dilemma situation arises under voluntary systems for marginalised citizens: it seems rational for them to abstain from voting, under the assumption that others in their situation are also doing so, to conserve their limited resources. However, since these are people who have a pronounced need for representation, this decision is irrational. Hill argues that the introduction of compulsory voting removes this dilemma.[19]

Political legitimacy

The idea that compulsory voting results in a higher degree of political legitimacy is based on higher voter turnout and the more representative electorate that brings.[20]

Protect against demagogues

High levels of participation decreases the risk of political instability created by crises or charismatic but sectionally focused demagogues.[21]

Reduce income inequality

A 2005 Inter-American Development Bank working paper purported to show that there was a correlation between compulsory voting, when enforced strictly, and improved income distribution, as measured by the Gini coefficient and the bottom income quintiles of the population.[22] However, a more recent Conference Board of Canada study on World income inequality – also relying on the Gini index – shows that income inequality is lowest in the Scandinavian countries, where compulsory voting has never existed, while Australia, and to a lesser extent Belgium, which strictly enforce their compulsory voting legislation, have a higher income inequality level than a number of other Western countries, such as Canada, France, Germany, Switzerland and the Netherlands, where compulsory voting does not exist.[23]

Remove voting restrictions

Supporters of compulsory voting also argue that just as the secret ballot is designed to prevent interference with the votes actually cast, compelling voters to the polls for an election removes interference with accessing a polling place, reducing the impact that external factors such as the weather, transport, or restrictive employers might have. If everybody must vote, restrictions on voting are identified and steps are taken to remove them.

This notion is especially reinforced when both men and women are required to vote and further sustained by diligent enforcement of laws requiring registration of all eligible voters (deemed adult and without exclusion of any significant community within the population).

A growing voter preference towards pre-polling such as vote by mail can make participation easier, where the voter can fulfil their obligation more at their own convenience prior to polling day, rather than trying to arrange release from their responsibilities on the nominated date of polling.[24]

Stimulate political interest and education

Other perceived advantages to compulsory voting are the stimulation of broader interest politics, as a sort of civil education and political stimulation, which creates a better informed population.[25] For example, since far fewer campaign funds are needed to convince people to vote, they can be directed towards discussing proposed policies with a wider range of voters.[25] Australian senator Herbert Payne, whose 1924 private member's bill introduced compulsory voting in Australia, believed compulsory voting was necessary to counteract "apathy and indolence" among voters and would bring "a wonderful improvement in the political knowledge of the people".[26][27]

Arguments against

Regressive taxation

Concerns about fines landing harder on the poorest citizens can lead to reforms to ensure penalties are mild for the poorest citizens and that voting is accessible and seamless for all to help assure concerned voters that mandatory voting will not become a regressive tax.[25] Ways to ensure the fine is not regressive, include making sure it does not compound over time, is weighted based on income, and that there is an option to do an hour of community service if someone prefers to spend time but not money.[25]

Compelled speech

Another concern expressed about compulsory voting is that it would compel speech, which violates freedom of speech which includes the freedom not to speak.[28] Former Australian opposition leader Mark Latham urged Australians to lodge blank votes for the 2010 election. He stated the government should not force citizens to vote or threaten them with a fine.[29] At the 2013 federal election, considering the threat of a non-voting fine of up to A$20,[30] there was a turnout of 92%,[31] of whom 6% lodged either informal or blank ballot papers.[32] Systems in democratic countries, which have a secret ballot, allow for blank ballots, but voting systems could also add a 'none of the above' option to each race so as to provide multiple clear ways for voters to refrain from speaking/voting if, for some reason, a voter does not want to submit a partially or fully blank ballot.[25]

Religious objections

Religious objection is one that many Christadelphians and Jehovah's Witnesses, for example, cite as for why they should not participate in political events. As a result, many countries allow religious beliefs as a valid excuse for not going to the polls.[25]

Civil liberties

Libertarians in particular debate to what extent voting is a civic duty and not just a civic right. Even in the case of the US where most Americans do see voting as a civic duty, most Americans in a 2020 poll did not like the idea of imposing a US$20 fine on those who did not cite an excuse for not voting including a conscientious objection.[25]

Vote buying

One perceived downside to compulsory voting is that by coercing politically apathetic people to vote in elections, they are vulnerable to manipulation through vote buying.[33][34]

Impact

A study of a Swiss canton where compulsory voting was enforced found that compulsory voting significantly increased electoral support for leftist policy positions in referendums by up to 20 percentage points.[35] Another study found that the effects of universal turnout in the United States would likely be small in national elections, but that universal turnout could matter in close elections, such as the presidential elections of 2000 and 2004.[36] In the United States, Democrats would most likely fare better under universal voting (as nonvoters are generally more Democratic) but due to the rarity of close elections in the United States, universal voting would change "very few election outcomes."[37] Research on compulsory voting in Australia found that it increased the vote shares and seat shares of the Australian Labor Party by 7 to 10 percentage points and led to greater pension spending at the national level.[38] While weakly enforced compulsory voting in Austria increased overall turnout by roughly 10 percentage points, there is "no evidence that this change in turnout affected government spending patterns (in levels or composition) or electoral outcomes."[39] A 2016 study finds that compulsory voting reduces the gender gap in electoral engagement in several ways.[40] A 2016 study of the Netherlands found that the abolition of compulsory voting increased the vote share of Dutch social democratic parties while reducing the vote share of "minor and extreme parties."[41] Research suggests that higher rates of voter turnout lead to higher top tax rates.[42]

A 2024 study found that compulsory voting can reduce political polarization and push political parties towards the preferences of the median voter by eliminating the ability of extremist partisans to threaten to abstain from voting (which pressures parties to adopt policies to appease those voters).[43]

Public opinion

According to a 1997 paper by Malcolm Mackerras and Ian McAllister, in Australia "polls taken over the years have consistently shown a community support of between 60 and 70 per cent" for compulsory voting. In 2005, polls taken by Roy Morgan Research and Ipsos-Mackay found 71 and 74 percent support respectively. Both polls also found there was roughly equal support for compulsory voting among supporters of Australia's major political groups, the Liberal–National Coalition and the Australian Labor Party.[44]

In Belgium, which has had compulsory voting since 1893, support for the abolition of compulsory voting is in progression. Results from a 2016 public opinion poll showed that 49% of respondents were in favor of abolition (46% in Wallonia, 49% in Brussels, 51% in Flanders) with 10% having no opinion. [45]

Current and past use by countries

As of December 2021, 21 countries were recorded as having compulsory voting.[46] Of these, only 10 countries (additionally one Swiss canton) enforce it. As of January 2020, of the 36 member states of the Organisation for Economic Co-operation and Development, only Australia and Luxembourg had forms of compulsory voting which were enforced in practice. Voting in Belgium, Greece, Mexico and Turkey is compulsory, but is not enforced.

Zdroj:https://en.wikipedia.org?pojem=Compulsory_voting
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Place Exempt Turnout Enforced? Penalized History
Argentina Argentina Ages 16, 17, and anyone over 70. The judges and their assistants who must provide services on election day. Those who are more than 500 km away on election day. Those who are sick or disabled due to force majeure.[47] 75%[48] Yes Introduced in 1912 with the Sáenz Peña Law.[49] Registered voters who abstain from voting without a verified justification, are liable to pay a fine. In case of non-payment, the person concerned is barred from dealing with public bodies for one year.[50] Turnout peaked around 85% in the 1980s.[51]
Australia Australia Travel, illness, religious objection, seasonal workers, anyone without a fixed address, not registered to vote[25] 92%[52] Yes 1%[25] Introduced for state elections in Queensland in 1915, excluding Indigenous Australians. Victoria introduced compulsory voting in 1926, New South Wales and Tasmania in 1928, Western Australia in 1936 (excluding Indigenous Australians), and South Australia in 1942. It was introduced for federal elections in 1924 for British subjects aged 21 and in 1984 for Indigenous Australians.[53] The compulsory voting age for federal elections was reduced to 18 in 1974.[49] Australia has one of the highest electoral turnout rates in the world.[54] For first-time offenders, a fine is issued for AU$20 with a maximum penalty of AU$180 which is regularly enforced.[55]
Belgium Belgium Not registered to vote[25] 90%[56] No [57] Introduced in 1894.[58] Every citizen and registered non-Belgian voter, from the age of 18 must cast a vote at federal, provincial, local and European parliament elections.[59] Before 2003, fines from 40 to €80, and up to €200 for reoffenders were levied, but If they fail to vote in at least four elections, they can lose the right to vote for 10 years and non-voters also might face difficulties getting a job in the public sector. In reality, since 2003, offenders are almost never prosecuted [60][61] Penalties are immediate for absent appointed polling station staff.[62][63][64][65] The key Flemish Community parties on the right wish to abolish compulsory voting, and did so in the case of Flemish local elections, starting with the 2024 elections. In the French Community of Belgium, parties on the left adamantly support compulsory voting while those on the right increasingly favor its abolition.[66]
Bolivia Bolivia Over 70, absent on Election Day, force majeure[67] 92%[68] Yes Since 1952. Voter are given a card after voting to prove participation. Otherwise they receive a fine and are unable to receive their salary from the bank if they cannot show proof of voting for the three months following the election.[67]
Brazil Brazil Ages 16, 17, and anyone over 70, those far away from home on election day (must be pre-approved) or can't read[69][70] 80%[71] Yes Since 1932. Compulsory for all Brazilian citizens, including Brazilians residing abroad. Those who do not vote in an election and do not later present an acceptable justification (such as being away from their voting location at the time) are subject to a fine of R$3.51 (about US$0.65 in August 2020). Proof of voting compliance (by having voted, justified the absence or paid the fine) is required for some transactions such as obtaining a Brazilian passport, admission to a public university, government employment, and loans from a government-owned bank.[72][73] 56% of Brazilians were against the policy in a 2020 study.[74]
Chile Chile Health incompatibility, being over 200 km away from voting poll and any justification accepted by local courthouse. tbd In 2012, an amendment of the Chilean Constitution of 1980 eliminated the obligation to vote (and the up to $200 fines that discouraged many low-income citizens from registering)[25] and established automatic registration for all citizens (Law 20,568).[75] In 2022 mandatory voting was reintroduced while automatic registration into the voting registry was kept.[76]
Costa Rica Costa Rica 63%[77] No[78][25] Absenteeism was consistently around 20 percent until the 1990s, when it jumped to nearly 30 percent.[78]
Ecuador Ecuador Ages 16, 17, and anyone over 65 or who can't read 82%[79] Yes Introduced in 1936.[49]
Egypt Egypt 33%[80] No Egyptian law provides for a fine and even a jail sentence for those who do not vote, but in practice the law is not applied, and turnouts are low, such as 47.5% at the 2014 presidential election, then down to 28.3% at the parliamentary election the following year.
Fiji Fiji ~70%[81] No Not enforced starting in 2014.[82]
Greece Greece Over 70 ~60%[83] No[84][25] There used to be punishments such as not being able to issue a passport, driving license and occupational license. These sanctions were lifted in 2000.[85]
Honduras Honduras 58%[86] No[25] While the Constitution of Honduras says voting is compulsory, the Electoral Code does not mention penalties for not voting.[75]
Liechtenstein Liechtenstein 78%[87] Yes The Act on the Exercise of Political Rights in National Affairs (1973) states that "Participation in elections and votes is a compulsory civic duty"[88][12] with fines issued for those who don't qualify for an exemption.
Luxembourg Luxembourg Under 18 or over 75, live abroad 90%[89] Yes Compulsory for Luxembourg citizens aged between 18 and 75 who live in Luxembourg. Foreign citizens (in local elections for all foreigners and European elections for European citizens only) may register to vote once if resident in Luxembourg, with the previous five-year residency requirement lifted as of 2023. Enrollment on the electoral roll is a free choice, not a requirement; however, once an eligible foreign citizen has registered to vote, then voting becomes compulsory for them. Penalties for not voting range from €100-250 for a first offense to up to €1000 for a repeat offense. Postal votes are universally available.[90]
Mexico Mexico 54%[91] No[25] The Constitution of Mexico mentions that voting is a citizen's obligation (Art. 36), but the Electoral Code does not establish penalties for not voting.[75]
Nauru Nauru 90%[92] Yes Introduced in 1965 when it was still an Australian possession.[49]
North Korea North Korea 99% Yes Everyone over age 17 is required to vote. However, only one candidate from the ruling Workers' Party of Korea or its partners in the Democratic Front for the Reunification of Korea appears on the ballot. Voting is designed to track who is and is not in the country (including who may have defected). Dissenting votes are possible but are considered acts of treason that can have consequences for someone and their family since ballots are not secret.[93][94]
Paraguay Paraguay Over 75[25] 65%[95] No[25] Citizens between 18 and 75 years old. Turnout at the 2013 general elections was 68.5%, then went down to 61.2% at the 2018 election.
Peru Peru Over 70[96] 81%[97] Yes Introduced in 1933.[49]
Pitcairn Islands Pitcairn Islands 100%[98] Yes All permanent residents over 18 years of age are required to vote.[99] Those who do not vote, without a valid excuse, are subject to a fine up to NZ$25.[100][101]
Samoa Samoa 93%[102] Yes Samoa adopted compulsory voting in 2018.[103] It was implemented for the first time in the 2021 Samoan general election.
Singapore Singapore Travel, illness, under 21[104] 95%[105] Yes Failure to vote may result in the removal of one's name from the electoral roll. A non-voter can restore one's name to the register by submitting an application to the Registration Officer with a valid excuse as to why they did not vote in the most recent election. Those who do not vote, without a valid excuse, are subject to a fine of SG$50 before they are restored on electoral roll.[106]
Swiss canton of Schaffhausen Yes Compulsory voting has never existed at the national level in Switzerland. However, starting in the late 19th century, it was passed by several cantons, but by 1974 had been repealed everywhere but Schaffhausen.[49]