Abroad Voters Case

Constitutional Case No. 173/2005 (2005)

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Abroad Voters Case

Italy Constitutional Court
Constitutional Case No. 173/2005 (2005)

Facts

In the Italian region of Friuli-Venezia Giulia, the regional election law of March 1995 provided that for municipalities of up to 15,000 inhabitants, the election was valid if a mayoral candidate received at least 50 percent of the voters listed on regional electoral lists. In December 2003, the regional government of Friuli-Venezia Giulia (defendant) amended the election laws regulating city elections in the region. The amendments mandated that when determining the necessary quorum of voters required in city elections, the government would exclude citizens registered as residing abroad from the electoral lists. The president of the Council of Ministers (the president) (plaintiff) challenged the 2003 amendments in the Constitutional Court, arguing the amendments violated the equality of each person’s vote guaranteed under Article 48 of the Italian constitution. The president argued that the 2003 amendments endangered the electoral body by impermissibly excluding citizens residing abroad even for the purpose of establishing the quorum of voters required for mayoral elections.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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