Compulsory voting around the world - Electoral … summary This research looks at compulsory voting...

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© The Electoral Commission 2006ISBN: 1-904363-81-4

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Democracy matters

Research report, June 2006

Compulsory voting around the world

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The Electoral Commission

We are an independent body that was set up by the UK Parliament. Our mission is to fosterpublic confidence and participation by promotingintegrity, involvement and effectiveness in thedemocratic process.

Compulsory voting around the worldResearch report

Copyright © The Electoral Commission 2006

ISBN: 1-904363-81-4

Email: [email protected]

EC Voting cover 7/6/06 20:22

Contents

Foreword 3

Executive summary 5

1 Background 9

2 Introducing compulsory voting 13

3 Compulsory voting systems 17

4 The impact of compulsory voting 27

5 Sources 37

Appendix 39

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Foreword

The Electoral Commission iscommitted to increasingparticipation in the democraticprocess in the UK. Encouragingvoting at elections is a central partof this agenda. Since ourestablishment in 2000, we haveactively promoted debate andresearch into the reasons whypeople choose to vote or not vote.

As part of this process, we believe there is meritin opening up the question of compulsoryvoting for wider debate in the UK, as one of aseries of options which may facilitate higherrates of electoral participation. Internationalexperience is often referred to by bothadvocates and opponents of compulsoryreform in the UK. Yet until now there has beenno single reference source analysing theinternational experience. This report has beenprepared by the Commission in the belief thataccess to objective and up-to-date informationabout international experience of compulsoryvoting can only assist future debates in the UK.

The principal aim of this research was toprovide factual information about howcompulsory voting operates in differentcountries. This report analyses the historicalbackground to the introduction of compulsoryvoting in several countries across the world(and its abolition in others). We have alsolooked at current legislation and enforcement,sought to identify common features ofcompulsory voting systems and reviewedacademic studies into the impact ofcompulsory voting on turnout and politicalengagement.

Finally, two important caveats. This report doesnot consider the merits or otherwise ofcompulsory voting for the UK, and theCommission makes no recommendation in thisregard. Additionally, this report is not anexhaustive global survey, but aims instead totake an analytical approach to understandingthe issues involved.

Compulsory voting around the world: foreword

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We hope that the information provided here willstimulate further debate.

Sam YoungerChairmanJune 2006

Compulsory voting around the world: foreword

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Executive summary

This research looks at compulsoryvoting systems around the world.It analyses the historicalbackground to the introductionof compulsory voting in severalcountries across the world (and itsabolition in others). We have alsolooked at current legislation andenforcement, sought to identifycommon features of compulsoryvoting systems and reviewedacademic studies into the impactof compulsory voting on turnoutand political engagement.

Background to researchTurnouts of 59.4% and 61.4% at the last twoUK Parliamentary general elections1 haveprompted some discussion of compulsoryvoting. Although compulsory voting hasnever been part of the UK electoral system,mandatory participation in elections is a featurein a diverse range of countries across the world– in Western Europe, South East Asia,Australasia and Central and South America.

The principal aim of this research was toprovide factual information about howcompulsory voting operates in differentcountries and, where possible, to assess theefficacy of penalties for non-voting and theimpact of compulsory voting on turnout rates.

The research has drawn on evidence suppliedto us by British embassies and electoralauthorities in a range of countries across theworld where there is, or has been, compulsoryvoting. We have also drawn on academicresearch and analysis, but this report does notrepresent an exhaustive survey of compulsoryvoting systems or the literature about them.

Introducing compulsory votingCountries with very different types of politicalsystems, from newly established democraciesthrough to emerging democracies, havelegislated to introduce compulsory voting.The reasons behind its introduction are morecomplex than might, at first, be assumed andare not simply concerned with a desire to boostparticipation rates. Country-specific political

Compulsory voting around the world: executive summary

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1 Hereafter referred to as ‘general elections’.


and historical events and factors areoverwhelmingly the prompt for a moveto compulsion.

Compulsory voting has been introduced fora number of reasons and often at times ofconstitutional and political change, but thedesire to maximise turnout among all sectionsof society seems to have been a commonobjective. It has often been implemented as aresult of wider political reform such as a changein a country’s political system, as in Chile, oralongside the introduction of universal suffrage,as in Belgium and Luxembourg.

Compulsory voting systemsOur research has found considerable diversityin the different compulsory voting systemsacross the world. Some are perhaps betterdescribed as compulsory attendance systemssince they do not require electors to actuallycast a vote; some are underpinned bycompulsory registration, others are not; whilesome systems are strictly enforced by theauthorities and some utilise significantsanctions (see Table 1 on the next page for asummary of compulsory voting systems andtheir sanctions). By contrast, in some countriesit appears that the existence of compulsoryvoting in law is enough to ensure publiccompliance, even without the applicationof sanctions.

Impact of compulsory voting onpolitical engagementWhile higher turnouts in countries with someform of compulsory voting are not solely the

product of such arrangements, it is clear fromthe available evidence that compulsory votingboth increases aggregate turnout and reducesthe variation in turnout rates among differentgroups. Less clear is the effect compulsoryvoting has on political engagement moregenerally, encompassing political interest,knowledge and participation. The availableevidence does suggest that compulsion is lesseffective in promoting better public knowledgeof politics or in increasing political engagement.

We have been mindful that, while there is muchto be gained from international comparisons,the compulsory voting systems currently inplace across the world reflect the uniquepolitical and electoral systems and culturesof the individual countries involved. Thepracticability of effective imposition ofcompulsory voting also depends significantlyon the extent to which registration is mandatory(and is enforced) or automatic.

The only obvious example where anestablished democracy appears to haveintroduced compulsory voting solely inresponse to low voter turnouts is Australia.However, the academic Lisa Hill argues that thegreatest obstacles to the introduction of anAustralian-style system of compulsory votingelsewhere may be ‘psychological, or at least,cultural’.2


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2 Cited in L. Hill, ‘Democratic assistance: A compulsoryvoting template’, paper presented to the Jubileeconference of the Australasian Political StudiesAssociation, Canberra (2002).


In those countries in Western Europe wherecompulsory voting has been introduced, thistypically followed the introduction of universalsuffrage in the early twentieth century,sometimes combined with the introduction ofproportional representation. The InternationalInstitute for Democracy and Electoral Assistance

(International IDEA) suggests that it is probablydue to the long history of compulsory voting insome Western European democracies that it isstill practised – this history has helped to makethe practice a more ‘commonly accepted ortolerated’ tradition than it would otherwise be ifintroduced today.


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Level of Brief description of sanctions against non-votersenforcement/countryVery strictBrazil

Australia

Singapore

Peru

StrictBolivia

NauruThailand

A small fine (3 Swiss francs, approximately equal to £1.40) is payable by non-votersto the police who come to re-collect each citizen’s voter legitimation card. Sanctionsare enforced against everyone who has not voted, unless they are exempt.

Schaffhausen(Swiss canton)

The absent voter may lose certain political rights, e.g. the right to proposelegislation, impeach ministers or hold political positions.

A fine is imposed if no legitimate reason can be given.

Citizens cannot make bank transactions up to three months after polling day ifthey fail to provide proof of voting. A monetary fine determined by the NationalElectoral Court at the time of each election may also be applied.

According to the Peruvian law, those who do not vote are restricted from makingbanking or other public administrative transactions and face a financial penalty.

The names of absent voters are removed from the register of electors. Thosewho failed to vote without sufficient reason have to make a payment of S$5 tothe Registration Officer for their names to be reinstated on the register.

Inability to provide a sufficient reason for non-attendance triggers a $20 fine. Inthe event of court proceedings being required, the fine can be increased to $50and the non-voter is liable for court costs. On some occasions, if the fine is stillnot paid, defaulters have been imprisoned as being in contempt of court.

Sanctions include a fine corresponding to a small percentage of the minimumwage of the region where the individual was registered to vote. The non-voter isbanned from taking professional exams, or from obtaining a loan or a passport.Failure to vote in three consecutive elections, non-payment of fines or failure tojustify absence within six months can lead to registration being cancelled.

Table 1: Summary of compulsory voting systems and their sanctions



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Level of Brief description of sanctions against non-votersenforcement/countryModerateBelgium

Luxembourg

TurkeyCyprus

Chile

Liechtenstein

FijiEcuador

ParaguayVery moderatePanamaGreece

ArgentinaNoneEgyptHondurasEl SalvadorCosta Rica

Venezuela

Mexico

Notes: This table lists countries and systems we have been able to find material on and information is correctas at the time we undertook our research in February 2006. The ‘very strict’ – ‘very moderate/none’classifications are derived from analysis by International IDEA.Source: Various, including British embassies, electoral authorities, International IDEA (1997, 2003, 2004 reports).

Mexican electoral legislation does not establish any sanctions against non-voters.

Although compulsory voting exists in law, it has, in effect, not beenimplemented. There are no specified sanctions, and thus no prosecutions.

There is no enforcement.DominicanRepublic

There are no penalties for non-voting.There is no enforcement.There is no enforcement.There are no penalties.

A small fine is imposed if no legitimate reason is given.

There are no specified sanctions enforcing the compulsory system – therelevant passage was omitted from the 2001 revision of the constitution.

There is legal provision for compulsory voting but no penalties are applied.

A small fine can be imposed on non-voters.

A fine is imposed. Voting is voluntary for those with certified illiteracy and thoseaged 65+.

No-one has been prosecuted since the introduction of compulsory voting in 1997.

Non-voters may be fined if they do not give an approved reason for not voting.As at September 2003 the fine will never exceed 20 Swiss francs (approximatelyequal to £8–9).

Registration is voluntary, making compulsory voting difficult to enforce. In theory,a fine is applied to those who do not vote, with names picked at random from alist of people who have not voted. However, in practice very few are fined.

The punitive sanctions are fines of up to £200 and/or a prison sentence of up tosix months for failing to vote or register. There have been very few prosecutionsand none since the 2001 general election.

A small fine is imposed if no legitimate reason is given.

According to electoral legislation sanctions include fines and imprisonment butnone have ever been enforced.

Fines for not voting are up to 50 euros for a first offence and 125 euros for asecond offence.

Table 1 (continued): Summary of compulsory voting systems and their sanctions


1 Background

This chapter reviews the incidenceof compulsory voting across theworld. It briefly summarises pastdebates in the UK and reviews ofcompulsory voting, and considerssome of the main issues andarguments put forward bysupporters and opponents.

The incidence of compulsory voting1.1 Strictly defined, compulsory voting consistsof several components: ‘a system of lawsmandating that enfranchised citizens turn outto vote, which is usually, though not always,accompanied by a system of compulsory voterregistration.’ However, in many countries,penalties for non-compliance are stipulatedin law but often not enforced. Becausecompulsory voting seems to be strictly enforcedin very few cases, in many instances thesystems would perhaps more accurately becalled compulsory attendance.

1.2 As a result, identifying the number ofcountries that have ‘compulsory voting’ is farfrom straightforward. According to InternationalIDEA in 2004, 30 countries around the worldoperated compulsory voting in some form orother at either a national or regional level.However, this figure also includes thosecountries that do not enforce compulsory votingand those that do not specify sanctions.3 Adifferent study published in 2000 estimated that24 countries operated a form of compulsoryvoting. Australian academics Lisa Hill andJonathon Louth argue that, in reality, no morethan 14 regimes can properly be described asbeing in any way compulsory because it is rareto see the practice enforced with institutionalsupport. They identify only four establisheddemocracies – Australia, Belgium, Luxembourg

Compulsory voting around the world: background

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3 International IDEA, Voter turnout in Western Europesince 1945: A regional report (2004).


and Cyprus – which have had a history ofsystematically administered and enforcedcompulsory voting.4

1.3 Most systems of compulsory voting allow forsome form of voter abstention. At the sametime, there are currently few instances acrossthe world of voting systems that allow positiveabstention, which allows someone to select a‘none of the above’ option on the ballot paperand, thus, record the decision that they did notwant to vote for any of the available candidates.5

1.4 The European Court of Human Rights(ECHR) ruled in 1971 that the practice ofcompulsory voting is not in violation offundamental freedoms because it is invariably,in reality, a misnomer, particularly in WesternEurope. This is because many compulsoryvoting systems do not require people actually tovote and it is attendance at a polling station thatis compulsory. In X v Austria in 1971, the ECHRruled that compulsory voting did not amount toa violation of the right to ‘freedom of thought,conscience and religion’ (Article 9 of theEuropean Convention on Human Rights),provided that only attendance is compulsoryand that voters are free to submit a blank orspoiled ballot.6

Compulsory voting and the debatein the UK1.5 Discussion about the merits of introducingcompulsory voting in the UK has been revivedrecently by the relatively low turnouts at the2001 and 2005 general elections. But the issuewas the subject of parliamentary debate aslong ago as the 1920s and 1930s, and PrivateMembers’ Bills were introduced on severaloccasions between 1921 and 2001.7 Inevitably,political and public interest in the subject hasreflected contemporary levels of voluntaryparticipation. At the time of the 1950 generalelection, for example, percentage turnout wastypically in the high 70s and 80s (it wasapproaching a post-war high of 84% in 1950),and the issue of compulsory voting faded frompolitical discourse.

1.6 The last major parliamentary review of theissue in the UK was undertaken by the HomeAffairs Select Committee, as part of a widerexamination of electoral issues. In its 1998report Electoral law and administration, theSelect Committee concluded that, while it mightnot be desirable to have any form ofcompulsory voting, ‘there has never been aserious debate about compulsory participationin the UK’ and recommended that there should,at least, be a public debate on the subject,particularly given higher turnouts in countrieswith compulsory voting systems.8


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7 House of Commons Library, Standard note oncompulsory voting (2003).

8 Home Affairs Select Committee, Electoral law andadministration (1998).

4 J. Louth and L. Hill, ‘Compulsory voting in Australia:Turnout with and without it’, Australian Review of PublicAffairs, Volume 6, Number 1: November 2005, 25–37.

5 Ibid.6 The Electoral Reform Society, Turning out or turning off

– An analysis of political disengagement and what canbe done about it (2004).


1.7 The Select Committee noted thatcompulsory voting is normally discussed in thecontext of national parliamentary elections butthat it would potentially have more impact inlocal elections – given higher rates of non-voting at such elections – perhaps raising moredifficult questions of enforcement. However,in evidence to the Committee, the LocalGovernment Association reported that theintroduction of compulsory voting was ‘notgenerally supported by local authorities’ andsome local authority Chief Executives cautionedthat any discussion of compulsory voting wouldneed to carefully consider sanctions, policingmethods and enforcement agencies.9

1.8 In 2001, Gareth Thomas MP (Harrow West)introduced a Private Member’s Bill – theCompulsory Voting Bill – which did not progressbeyond its first reading.10 More recently,immediately following the 2005 general election,ippr’s Ben Rogers identified compulsory votingas a possible remedy for differential turnoutamong different social classes, arguing that ‘thetime has come to give serious consideration tocompulsory voting – or at least compulsoryattendance at the polling stations orcompulsory filling out of a postal form (the actof voting itself would remain voluntary).’

1.9 More recently, the subject of compulsoryvoting has resurfaced in the media and politicaldiscourse. In July 2005 Geoff Hoon MP,speaking in a personal capacity, endorsed the

introduction of compulsory voting as a way ofaddressing political alienation, restoringcommunity and confronting the issue of serialnon-voters. In response, Oliver Heald MP said,‘There is little support to make it a criminaloffence not to vote… the police have betterthings to do. The challenge for politicians isto excite electors with their ideas.’11

1.10 Polls of public opinion conducted over thelast two decades in the UK suggest that thepublic is largely undecided on the issue, withresponses seemingly conditional on thespecific question asked. A 1991 MORI/JosephRowntree Trust survey found 49% in favour ofthe introduction of compulsory voting and 41%against. In 2000, 30% were in favour, 49%against. In 2001, a MORI/Electoral Commissionsurvey immediately after the general electionfound 49% in favour and 47% opposed. At thelast general election, a MORI poll found one-third of the public (36%) supporting votingbeing made compulsory with fines for peoplewho don’t take part, and the majority (57%)opposing this.

1.11 In our 2003 factsheet on compulsoryvoting, we summarised a number of thearguments put forward by advocates andopponents of compulsory voting (see Table 2,next page). This research has used thesearguments as a reference point in looking atthe evidence available from other countries.


11

9 Ibid.10 House of Commons Library, Standard note on

compulsory voting (2003).

11 B. Rogers, ‘Turnout is really about class’, TheGuardian, 5 May 2005; P. Wintour,‘Hoon calls forcompulsory voting’, The Guardian, 4 July 2005,and ‘Hoon backs compulsory voting’, politics.co.uk,4 July 2005.


1.12 Our research has also examined theinternational experience of compulsory votingin administrative and legal terms. The widevariations in practice make it clear that anyinformed debate on the subject in the UK shouldextend to consideration of the detailed operationof compulsory voting, including the sanctionsinvolved, the elections it might apply to and theinterface between the system of registrationand the operation of compulsory voting.


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Pro-compulsory voting Anti-compulsory votingVoting is a duty and not simply a right. It would run counter to the UK’s current

political culture.The legitimacy of a government’s mandate It would undermine the freedom associated is weakened by low turnout. with democracy – some argue that the right

to vote implies the right not to.Unequal turnout among different It would be difficult and expensive to enforce.socio-economic groups risks unequal political influence.Political parties and candidates can shift Reluctant voters would deliberately spoil their time and resources from mobilising turnout votes or cast ill-considered votes.to promoting policies.Compulsion can increase political awareness and facilitate more informed debate.Increased voting can promote participation in other political activities.Source: The Electoral Commission, Compulsory voting (factsheet, 2003) available to download atwww.electoralcommission.org.uk.

Table 2: Pro- and anti-compulsory voting arguments


2 Introducingcompulsory votingCompulsory voting is oftenintroduced at moments of significantconstitutional and structural reform.In this chapter we look at the eventsleading to the introduction ofcompulsory voting in a number ofdifferent countries around the world.

Overview2.1 Countries with very different types ofpolitical systems, from newly establisheddemocracies through to emergingdemocracies, have legislated to introducecompulsory voting. The reasons behind itsintroduction are more complex than might, atfirst, be assumed. In particular, they are notsimply concerned with a desire to boostparticipation rates. Country-specific politicalevents and factors are overwhelmingly theprompt for a move to compulsion.

2.2 In some countries, compulsory voting wasintroduced alongside the implementation of othermajor political or electoral reforms. It has oftenbeen implemented as a result of wider politicalreform, such as a change in a country’s politicalsystem, as in Chile, or alongside the introduction ofuniversal suffrage, as in Belgium and Luxembourg.In the Netherlands in 1917 compulsory voting wasintroduced when the extension of the franchisewas combined with the introduction of proportionalrepresentation.12

Western Europe2.3 The majority of countries in Western Europewhich still use compulsory voting in some formhave done so for between 50 and 100 years:Belgium, Luxembourg, Liechtenstein,Switzerland (more specifically, the Swiss cantonof Schaffhausen), Cyprus and Greece(although, as we discuss later, compulsoryvoting is not actually enforced in Greece).

Compulsory voting around the world: introducing compulsory voting

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12 M. Gratschew, Voter turnout in Western Europe:Compulsory voting in Western Europe (InternationalIDEA, 2004).


2.4 The report ‘Compulsory voting’ in TheInternational Encyclopedia of the Social andBehavioural Sciences indicates that, in almostall of these Western democracies, compulsoryvoting was introduced in the early twentiethcentury, shortly after the expansion of votersuffrage and the political organisation of thelabour movements in the late nineteenth andearly twentieth centuries.13 The first country inthe world to introduce a compulsion to vote wasBelgium in 1893 following the introduction ofuniversal suffrage there.

2.5 Compulsory voting was introduced inGreece via a constitutional provision in 1975and during a major change in the country’spolitical system. The British Embassy reportsthat, ‘with Greece’s turbulent political history,the constitutional provision… voted inimmediately after the fall of a seven-yeardictatorial regime, was regarded as a guaranteeof, rather than a hindrance to, civil rights.’

2.6 In Italy, a major historical event – the endof Italian fascism by 1946 – led to the creationof a new republican constitution establishingrepresentative democracy and a system ofproportional representation based on multi-member constituencies and the extension ofthe franchise to include women.14 The newconstitution described voting as ‘personal andequal, free and secret’. Though not explicitly

making voting compulsory, the constitution didemphasise that voting ‘is a civic duty’.15 Voterturnout in Italy has always been very high, withan average of over 90% in parliamentaryelections since 1946 (81% in the last generalelection). The constitution has beensubsequently revised and this stipulationwas removed.

Non-European countries2.7 In Democratic Phoenix, Professor PippaNorris speculates that it may be the case thatnewer democracies characterised by lowelectoral turnout are more likely to introducelaws in an attempt to mobilise the public.16

Certainly, compulsory voting legislation existsin some form in most countries of Centraland South America with varying degreesof enforcement. In the majority of cases,compulsory voting has been introducedrelatively recently here in comparison withWestern Europe. This is probably partly dueto the fact that there has been significant andextensive political transformation in the regionin the last two decades.17 For example,compulsory voting in Chile was first put intopractice when the transition to democracybegan in 1988.18


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15 Information from the British Embassy in Italy, 2006.16 P. Norris, Democratic Phoenix: Reinventing political

activism (Cambridge University Press, 2002).17 F. Adams, Deepening democracy: Global governance

and political reform in Latin America (PraegerPublishers, USA, 2003).

18 Advised by Professor T. Chuaqui at the Institute ofPolitical Science at the Catholic University in Chile,September 2004.

13 S. Jackman, ‘Compulsory voting’ in The InternationalEncyclopedia of the Social and Behavioural Sciences(2001).

14 P. Ginsborg, A history of contemporary Italy: Societyand politics 1943–1988 (Penguin Books, 1990).


2.8 The Commonwealth first introducedcompulsory enrolment in Australia in 1911via the Commonwealth Electoral Act, butcompulsory voting was not introduced until1924, principally as a response to low voterturnout. In the event, turnout rose dramaticallyfrom 59% at the 1922 federal elections to 91%in 1925 at the first federal election to be heldunder the new system.

2.9 In Singapore, compulsory voting wasintroduced in 1959, prior to the country gainingindependence from Malaysia in 1965.19 Whilein contrast with most other countries withcompulsory voting, Fiji and Thailand introducedit very recently, in 1997.

Current issues and debates2.10 One consequence of compulsory votinghaving been introduced several decades ago inmany countries is that some people argue thatsuch systems are no longer fit for changedcircumstances. For example, the VlaamseLiberalen en Democraten party (VLD) inBelgium has argued that the rationale appliedat the time of its introduction is no longerapplicable to Belgium today and the challengesnow faced by the political system. Similarly,Belgium’s Parliamentary Committee onElectoral Reform has pointed out that, at thetime when voting rights were extended to allcitizens for the first time, there were fears that

the richest people in society would try to ‘buy’the votes of abstainers and that compulsoryvoting was a way to address this.20

2.11 In 2005, the VLD introduced a bill intothe Belgian Senate proposing the abolition ofcompulsory voting, and this prompted a Senatedebate on the subject.21 According to ThibautCardon of the Belgian Senate, the VLD hasbeen unable to secure sufficient support fromother political parties including oppositionparties who had already expressed theirsupport for compulsory voting in Belgium.Similarly, Pascal Delwit of the Université Librede Bruxelles advised us that several partiesproposed the abolition of compulsory votingduring the Parliament of 1995–9 but failedto generate wider debate in Belgium.

2.12 Debate about the future of compulsoryvoting is also evident elsewhere. The Fiji ElectoralCommission commented in late 2005 that debatehas recently tended to focus on the potentialreform of the system, and the political communityis said to be planning a review of the constitutionand the Electoral Act in the near future.22 In Chilethe debate is, in part, based on the recognitionthat the voluntary nature of registration and thecosts involved can make enforcement of


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19 Singapore High Commission in London, 2005.

20 The Parliamentary Committee on Political/ElectoralReform of the Belgian Parliament Chambre 3e sessionde la 50e legislature: Le vote obligatoire: Aspectsjuridiques (2001), pp. 83.

21 Advised through correspondence with Thibaut Cardonof the Belgian Senate, 31 August 2004.

22 Conversation with a representative from the FijiElectoral Commission during a visit to the UKElectoral Commission in 2005.


compulsory voting almost impossible. TheChilean government put forward several optionsfor reform in 2004 including: automaticregistration with voluntary voting; automaticregistration coupled with compulsory voting andenforced penalties for non-voting; and automaticregistration alongside a legal reference tocompulsory voting but no legal penalties.23

2.13 International IDEA suggest that it isprobably due to the long history of compulsoryvoting in some Western European democraciesthat it is still practised – that its long history hashelped to make the practice a more ‘commonlyaccepted or tolerated’ tradition than it wouldotherwise be if introduced today. The evidenceseems to suggest that, even in those Europeandemocracies where compulsory voting iscurrently operating, the culture that exists todaymight well resist compulsory voting if it wereto be introduced now.24


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23 We are grateful to the following for providinginformation and advice: Roberto Espindola (Universityof Bradford), Prof. Tomas Chuaqui (Institute of PoliticalScience at the Catholic University, Chile), Prof. AlanAngell (Oxford University) and the Institute of LatinAmerican Studies, London.



3 Compulsory votingsystemsThis chapter looks in more detail athow compulsory voting systemsoperate in a selection of countriesaround the world. It reviews thesanctions used by differentcountries and the provisions, if any,for ‘positive abstention’.

Overview3.1 As we have already seen, a number ofcountries around the world operate compulsoryvoting systems but there is considerablevariation among these in terms of the level ofenforcement applied. International IDEAreports, ‘Some laws are created to merely statethe government’s position regarding what thecitizen’s responsibility should be. Mandatoryvoting laws that do not include sanctions mayfall into this category… not all laws are createdto be enforced.’ Consequently, to trulyunderstand the extent to which compulsoryvoting is actually practised, it is important toconsider the level of enforcement.25 In thischapter we look at the nature of the systems,and their sanctions, on a country-by-countrybasis.

3.2 Sanctions range from penalty fines inAustralia, Cyprus and Chile, to prohibition frommaking banking or other public administrativetransactions for three months, allied to financialpenalties, in Peru. In Singapore, non-voters riskremoval from the electoral register. In Brazil,they might be barred from taking professionalexaminations, receiving wages, or renewingenrolment in official schools or universities(inspected by government), while in Cyprus theycould potentially serve jail sentences.

Compulsory voting around the world: compulsory voting systems

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3.3 In reality, such sanctions are very rarelyenforced. This is important because, accordingto Lijphart and Hirczy, where sanctions areapplied turnout is routinely in the 90% range.26

As a result, at least one academic specialist inthis area has argued that for compulsory votingto be effective and to achieve higher turnout, theapplication of penalties is a vital precondition.27

3.4 There is also considerable variationbetween countries with compulsory voting interms of the type of registration system thatthey use. Many countries with compulsoryvoting have comprehensive registration whereregistration is automatic and some havecompulsory registration. In the UK it isestimated that 8–9% of those eligible to be onthe register are not registered.28 Registration initself is not compulsory. Moreover, although it isa legal requirement to comply with an ElectoralRegistration Officer’s requests for information(thereby enabling them to fulfil their duties ofmaintaining a complete and accurate register),failures to comply are rarely penalised.

Western Europe3.5 Within the Western European region, fivecountries currently have some form ofcompulsory voting legislation: Belgium, Cyprus,Greece, Liechtenstein and Luxembourg

(additionally, it operates in one canton inSwitzerland). In addition, some Europeancountries once had compulsory voting beforeabolishing it. Austria had compulsory voting inall regions from 1949–82 and the Netherlandsused it from 1917–67.29

3.6 Austria enforced nationwide compulsoryvoting for presidential and Nationalrat (LowerHouses of Parliament) elections until 1982.The nationwide legislation was abolished, butfour provinces – Styria, Carinthia, Tyrol andVorarlberg – maintained compulsory voting ontheir provincial statute books. All four provinceshave since repealed their compulsory votinglegislation.

3.7 According to officials at the Austrian InteriorMinistry, compulsory voting was unpopular andadministrators found it ‘almost impossible toenforce’ – Vorarlberg was the last province totry to enforce the penalties back in 1988, some16 years before abolishing it. Additionally, thelegal exemptions to compulsory voting – illnessor frailty, urgent family matters (for exampleillness of a relative) or urgent professionalbusiness – undermined the efficacy ofcompulsory voting. Electors were also excusedfrom voting if they no longer lived permanentlyin the province in which they were registered,absolving many thousands who moved fromtheir home province to Vienna to work.


18



27 Ibid.28 The Electoral Commission, Understanding electoral

registration (2005).


3.8 The Austrian Interior Ministry explains thatthere was little difference in the turnoutsrecorded during the compulsory voting periodand the period since, and also betweenturnouts in regions which maintainedcompulsory voting beyond 1979 and thosewhich did not. Also, despite the abolition ofcompulsory voting some years ago, turnouts atpresidential and general elections in Austriahave been relatively healthy in recent years – forexample, general election turnouts were 80%in 1999 and 84% in 2002. While there is someconcern about turnout for future Austrianelections, there is ‘little pressure to introducenew measures to encourage voting and noneat all to make it compulsory again.’

3.9 Compulsory voting was introduced inBelgium in 1893 and remains in force for allelections. Under the Belgian system, voters areobliged to enter the polling booth but do nothave to mark their ballot paper(s). The namesof electors who do not attend polling stationsare sent to the Office of the Public Prosecutor.Electors may give an explanation for non-attendance to a local judge, who will usuallyaccept medically certified illness or adocumented absence abroad. A first offencereceives a small fine and this can be increasedup to a maximum of 125 euros for repeatoffenders, while repeat offenders are barredfrom the electoral list for 10 years and deemedineligible during that period for any nomination,distinction of promotion by a public authority.

3.10 International IDEA argues that compulsoryvoting was a much debated issue in theNetherlands during the 50 years it operated,

and the legal framework underpinning it wasamended many times.30 Compulsion wasintroduced in 1917 and lasted until 1967 when itwas abolished on the recommendation of agovernment committee, meaning that the 1971Dutch parliamentary election was the first to beheld without compulsory voting. The mainarguments put forward at the time for theabolition of compulsory voting, included thefollowing:31

• The right to vote is each citizen’s individualright, which he or she should be free toexercise or not.

• It is difficult to effectively enforce sanctionsagainst non-voters.

• The political parties might be more dynamic ifthe parties had to attract the voters’ attention.

• Voter turnout under a compulsory votingsystem does not necessarily reflect actualinterest in politics.

3.11 Compulsory voting was introduced inLuxembourg in 1919 and is still practised, but itis only compulsory for those who are on theelectoral register. Electoral registration is notcompulsory and those over the age of 70 areexempted from compulsory voting. Typically,electors receive a letter from the authoritiesseveral weeks prior to elections inviting them tovote and turnouts are high: 87% and 92% of theregistered electors at the 1999 and 2004parliamentary elections respectively.


19


31 Ibid.


3.12 The British Embassy has reported thatsanctions have never been enforced inLuxembourg. International IDEA reports that fora first offence the fines will range from around99 to 991 euros but, in practice, a non-votertends to only receive a written warning for thefirst offence. If they fail to vote a second timewithin six years, a larger fine is imposed.However, the reality is somewhat different.International IDEA reports that the casemight be taken to court for further decisionand that non-voters are not automaticallyawarded fines.32

3.13 Compulsory voting was introduced inCyprus in 1959 and is still practised therealthough, according to International IDEA,its future is uncertain. Currently, voting iscompulsory for parliamentary and presidentialelections. Non-voters are given an opportunityto explain why they did not vote and if a courtconsiders the reason to be valid, the non-voterwill not face fines.

3.14 Electoral registration, attendance at a pollingstation and voting are all compulsory in Greece(and currently, whenever required, citizens areawarded paid time off work to vote). However,compulsory voting has, in effect, been symbolicsince 2001 due to a revision of the constitution.Prior to 2001 there were penal and administrativesanctions, for example imprisonment for betweenone month and a year and losing the right toreceive or renew a passport. The provision toenforce these sanctions was omitted from therevised constitution with the result that

compulsory voting has been, in the words of theBritish Embassy in Greece, ‘a ghost in theconstitution’. Despite this, recent turnouts inGreece have remained stable – 75% in 2000 and76% in 2004 – and public awareness of the legalrequirement appears to be sufficient in itself tosecure general compliance.

3.15 In Italy the 1975 constitution identifiedvoting as a civic duty and there are advantagesassociated with voting, including being legallyallowed three hours off work on receipt of astamped polling card. In Switzerland,Schauffhausen is the only one of the 26cantons where compulsory voting remains,despite periodic referendums on the subject.By 1971 all the Swiss cantons had abolishedcompulsory voting with the exception ofSchauffhausen, where a majority of votersconsistently rejected proposals to do so. Atelections, turnout in this canton has been onaverage 20 percentage points higher than it hasbeen in others.

3.16 Compulsory voting has been practisedcontinuously in Liechtenstein since 1922,although the current law underpinningcompulsory voting originated in 1973.Liechtenstein is an example of a country wherepenalty fines were enforced but then phasedout after it became apparent that the cost ofenforcement exceeded total receipts from thefines. Without an exemption for voting, non-voters were charged a fine of one guilder. In the1950s and 1960s the municipal police imposedfines but this practice became less common


20

32 Ibid.


when authorities realised how costly it was.Nowadays the sanction is rarely enforced.33

3.17 In its 2004 report Voter turnout in WesternEurope, International IDEA concluded that itmay be due to its long history that compulsoryvoting in some Western European democraciesit is still practised – this history had helped tomake the practice a tradition and ‘commonlyaccepted or tolerated’. By comparison,International IDEA speculates that theintroduction of compulsory voting in today’sEuropean democracies might be verycontroversial.

3.18 International IDEA has also suggested thatthe level of enforcement of compulsory votingis lower than it used to be in Western Europe,leading it to question whether compulsoryvoting could perhaps become, if it is notalready, a ‘dying phenomenon’ in WesternEurope. International IDEA explained that ‘…at the present stage it is impossible to tellwhich direction the phenomenon and practiceof compulsory voting will take… since somecountries aim to enforce it strictly and others donot, for different reasons of principle – political,economic, social or other.’34

Australia3.19 Australia is widely considered to be, andis often identified as, the leading example ofan effectively functioning compulsory voting

system with compulsory registration. Voting hasbeen compulsory at federal elections since1924.35 The Electoral Act specifies that theelector ‘must’ mark the ballot. However, only theelector’s attendance at the polling station canbe verified due to the secret ballot system. It iscompulsory to vote at all state and territoryelections; however, at local governmentelections there are some differences betweenthe states. In South Australia, Western Australiaand Tasmania, voting or attendance remainsvoluntary at local government elections while inNew South Wales, Victoria, Queensland and theNorthern Territory it is compulsory. This has ledto calls by some to standardise voting rulesacross the states.36

3.20 Non-voters are required to provide avalid explanation: most do and this is usuallyaccepted. Valid explanations might includebeing overseas, trying to vote but failing forsome reason, or belonging to a religious orderwhich prohibits voting.37 The Australianacademic Lisa Hill (University of Adelaide)comments that ‘Australians have not lookedupon the compulsion to vote as particularlyobjectionable or onerous. In addition, few havequestioned its paradoxical status in relation toliberal democratic principles… It is seen as anormal part of Australian political culture andhas wide support among the Australianelectorate.’38


21


34 Ibid.

35 Australian Electoral Commission: www.aec.gov.au/_content/What/voting/compulsory_voting.htm.

36 Ibid.37 Ibid.38 Ibid.


3.21 A national survey carried out by NewspollMarket Research on 3 March 1996 found 74%of adults supporting compulsory voting atfederal elections and Lisa Hill believes that‘people comply, not for fear of sanctions but outof respect for the law itself and a belief that it isa reasonable one.’39 However, the effective useof sanctions certainly appears to keep voterturnout high. After the 1993 election, half amillion cases of apparent failure to vote wereinvestigated. Of these, 23,320 (5% of non-voters) chose to pay the fine for non-attendance. The vast majority, 94%, gave validexplanations for non-voting, with less than 1%taken to court. This meant that around 0.2% ofthe electorate were fined in 1993 and Lisa Hillhas used such figures to show that the cost ofconducting an entire election with the cost ofenforcement in Australia is approximately fivedollars per vote.40

3.22 The electoral system used in the Australianlower house is the Alternative Vote (AV) whichrequires electors to complete all preferencesfor their vote to be valid. One possibleconsequence of this form of compulsory votinghas sometimes been referred to as the ‘donkeyvote’ – voters giving their first preference voteto the top name on a ballot paper and thencompleting their vote by simply voting down the

ballot paper randomly.41 At the 2001 generalelection, 95.4% of the electorate voted and4.8% of ballot papers were invalid, whetherintentionally or not.

3.23 Lisa Hill argues that high turnouts inAustralia and the low level of non-compliance tocompulsory voting is not simply a product ofthe system and its sanctions, but is also theresult of the convenience of voting in Australia:

Wherever voting is compulsory, it isreasonable to expect the state to make votinga relatively painless experience, not onlybecause of equity considerations, but inorder to ensure a high rate of compliance.42

3.24 Similarly, Mackerras and McAllister havedescribed Australia as ‘probably the most voter-friendly country in the world’.43 Election day is aSaturday, postal and early voting is available forthose who require it due to distance, ill health oremployment, and at federal elections electorscan vote at any polling station in the stateor Northern Territory or at mobile pollingstations (for example for remote indigenouscommunities). There is also overseas voting,including provision for people to vote on cruiseships, at embassies and high commissionsaround the world.


22

41 House of Commons Library, Standard note oncompulsory voting (2003).


43 Ibid.

39 L. Hill, Compulsory voting as a democratic innovation(2002).

40 L. Hill, ‘Democratic assistance: A compulsory votingtemplate’, paper presented to the Jubilee conferenceof the Australasian Political Studies Association,Canberra (2002).


3.25 A recent research briefing written by theAustralian Parliament’s Library argues thatsignificant alterations to national voting systemsare rarely made because of uncertainty aboutthe consequences of such changes: ‘Australiamay well rid itself of compulsory voting fornational elections in the near future, but if itdoes so, some aspects of its politics mayalter.’44 The analysis notes that voluntary andcompulsory voting is likely to become a majorissue for public debate within the next twoyears, reflecting the fact that the Joint StandingCommittee on Electoral Matters recommendedin 2005 that it should itself conduct an inquiryinto voluntary and compulsory voting in thefuture.45 Furthermore, some Ministers in theAustralian Government, including the SpecialMinister of State, have recently publiclyindicated a preference for a change to avoluntary voting system.46

South East Asia and the Pacific3.26 Compulsory voting is practised in someform in Thailand, Singapore and Fiji. However,as is the trend across the globe, sanctions areenforced to a varying degree. In Thailand,compulsory voting was introduced via the 1997

constitution. Under the Thai system, if a personfails to vote, they will lose their political rights,for example the right to propose legislation,impeach ministers or hold political positions.However, the British Embassy reports that thereis low public awareness of what political rightspeople risk losing if they fail to vote.

3.27 Compulsory voting is strictly enforced inSingapore, where electors who fail to vote areremoved from the register. The non-votingelector must write to their registration officerwith a sufficient reason for their behaviour inorder to have their name restored on theregister without penalty.47

3.28 Compulsory registration and compulsoryvoting were introduced in Fiji in 1997. However,voter turnout at the polls in 2001 was only78.9% compared with 90.2% in 1999. Theauthorities have found it difficult to enforcecompulsory voting due to limited resourcesand no one has been prosecuted since theintroduction of compulsory voting in 1997. TheBritish High Commission in Fiji advises that ageneral election is scheduled to be held in 2006and the Elections Office is said to have begun a‘vigorous’ voter registration and voter educationcampaign to encourage higher voter turnout atthe election.

Central and South America3.29 The political histories, cultures andsystems of the countries of Central and SouthAmerica with compulsory voting are very


23

44 Australian Parliament Library, Parliamentary LibraryResearch Brief, Compulsory voting in Australiannational elections (2005).

45 Joint Standing Committee on Electoral Matters, The2004 Federal Election: Report of the Inquiry into theconduct of the 2004 Federal Election and mattersrelated thereto, Joint Standing Committee on ElectoralMatters, Canberra (2005).

46 Advised by a representative of The AustralianElectoral Commission, 2006.

47 Advised by the Singapore High Commission inLondon, 2005.


different from those elsewhere. Compulsoryvoting legislation exists in some form in mostcountries in this region, including Brazil, Bolivia,Chile, Costa Rica, Uruguay, Peru and Mexico,again with varying levels of enforcement.48

Some systems are relatively punitive – non-voters in Peru and Bolivia may be denied publicservices and public sector employment – whileother systems include incentive components.

3.30 The Brazilian Embassy in London advisesthat the system combines some incentives – forexample, polling day is a national holiday orheld on a Sunday – with some strict compulsoryelements, including a fine corresponding to3–10% of the minimum wage of the region.Non-voters risk being barred from takingprofessional exams, being banned fromreceiving a wage and being unable to enrolin official schools or universities (rolls areinspected by government bodies). However,despite a relatively long history of compulsoryvoting, some citizens choose to abstain fromvoting or cast blank or spoiled ballots (there isnot a specific ‘none of the above’ option on theballot paper).49

3.31 In Costa Rica, the constitution of 1959states: ‘Suffrage is a primary and compulsorycivic function and is exercised before ElectionBoards through direct and secret vote by the

citizens registered in the Civil Registry.’ However,according to the Electoral Authority in Costa Rica,there are no penalties for non-voting. While therehas been some discussion about establishingsome form of punishment for non-compliance,there is currently insufficient political support fora change in the law to introduce sanctions.

3.32 In Mexico, although voting isconstitutionally compulsory, Mexican electorallegislation has not established any sanctions.Perhaps as a consequence, turnout is relativelylow in comparison with other countries withcompulsory voting – 64% at the 2000presidential elections and 63% at the 2000parliamentary elections. Many people obtaintheir Federal Electoral Institute (IFE) credentialas a means of securing identification, as it is themost widely accepted proof of identity by banksand all official transactions. This automaticallygets people on the electoral list allowing themto vote at any election (local or federal) duringthe period of validity, which is nine years.

3.33 In Peru, registering to vote and turningout to vote are compulsory for all electionsaccording to the Peruvian constitution, althoughvoting is not compulsory for those over the ageof 70. The British Embassy in Peru reports that,since the introduction of compulsory voting in1933, there have never been any significantproblems relating to the implementation ofcompulsory voting. Yet turnout was 82% atthe 2001 parliamentary and presidentialelections in Peru.

3.34 In Chile, a system of voluntary registrationwas introduced in 1925 and now operatesalongside compulsory voting with sanctions


24

48 United Nations Development Programme (UNDP),Democracy in Latin America – Towards a citizens’democracy (2004).

49 S. Deposato and B. Norrander, The participation gap:Systemic and individual influences on genderdifferences in political participation (2005).


that are rarely, if ever, enforced. This hasprompted debate about whether the system isworkable in its present form. Professor Angellfrom the Latin American Centre at the Universityof Oxford points out that turnouts have declinedin Chile in line with a global trend but remaincomparatively high (87% at the 2001parliamentary elections).50

3.35 Voting is also compulsory in Uruguaywhere it was introduced by a constitutionalamendment in 1934 following there-establishment of democracy after a coupd’état in 1933. The British Embassy told usthat compulsory voting was probably seen asa mechanism to introduce greater stability tothe political system. Both voter registrationand voting are currently compulsory in Uruguayand sanctions, introduced in 1971, take theform of financial penalties, and the lengthyproceedings involved in paying the fee arealso a big deterrent to non-voting.

Positive abstention3.36 Countries with compulsory voting usuallyrequire voters to attend a polling station but,once there, they can spoil their ballot paper,abstain or refuse to put the paper in the ballotbox. Rarely, however, is there an explicitopportunity formally to register a positiveabstention.

3.37 Some critics of compulsory voting arguethat citizens ought to have the right not to voteas much as the right to vote. Others have

suggested that there should be a ‘none of theabove’ option on the ballot paper allowingvoters to abstain positively, rather than spoilingtheir papers. Graeme Orr and Lisa Hill havepointed to the case of ‘conscientious objectors’with Orr arguing that there should be greaterballot choice permitting political dissent.51

3.38 There are very few precedents for suchan initiative in either voluntary or compulsoryvoting countries. In Chile and Brazil, wherecompulsory voting operates, there is a positiveabstention box – none of the above (NOTA) –on the ballot paper. The British Embassy inCyprus advised us that blank ballot papers arecounted as a clear political option for statisticalpurposes, and more common is the practice inMexico where the voter is advised to cross theballot in a certain way if they wish for it to becounted as a void vote.

3.39 There are some further precedents atelections in voluntary voting countries. The 2000Russian presidential elections offered votersthe opportunity to vote ‘against all’ candidates,and 1.88% chose this, although voting wasnot compulsory at this election.52 In Nevada


25

50 Advised by Professor Angell at the University ofOxford, September 2004.

51 G. Orr, ‘Australian electoral systems: How well do theyserve political equality?’ in The Democratic Audit ofAustralia Report No. 2 and L. Hill, ‘Democraticassistance: A compulsory voting template’, paperpresented to the Jubilee conference of theAustralasian Political Studies Association, Canberra(2002).

52 L. Hill, ‘Democratic assistance: A compulsory votingtemplate’, paper presented to the Jubilee conferenceof the Australasian Political Studies Association,Canberra (2002).


and Washington in the USA, non-bindingpositive abstention is practised meaning thatif ‘NOTA’ wins the election, it does nothingmore than potentially undermine the legitimacyof the winning candidate. In Massachusetts,a binding form of NOTA exists whereby if NOTAis the winner then a re-run of the election isorganised, but NOTA is not allowed to winthe second election, in part to avoid perpetualre-runs.

3.40 Past research has indicated that therewould be some support for NOTA among somenon-voters53 although less clear, and verydifficult to research without piloting sucharrangements, is whether this would actuallyhave a positive impact on participation rates.More recently, a survey for The Independenton Sunday by Communicate Research in April2005 found public backing for the introductionof extra space on ballot papers, for people toindicate that they were deliberately abstaining,by a margin of 2:1 (62% to 29%).54


26

53 The Hansard Society, None of the above: Non-votersand the 2001 General Election (2001).

54 The survey was undertaken for The Independent onSunday by Communicate Research and involveda sample of 1,000 British adults interviewed from11–15 April 2005.


4 The impact ofcompulsory votingThis chapter looks at the impact ofcompulsory voting on turnout andpolitical engagement, lookingspecifically at the substantialevidence base from Australiabefore going on to review evidencefrom different regions of the world.

The impact of compulsory votingon turnout4.1 Compulsory voting is one of severalpossible innovations which have been putforward to address declining electoral turnoutand public disengagement with politics andelections. Some of these, for example electronicvoting, are administrative reforms aimed atincreasing the convenience and attractivenessof voting, while others, such as compulsoryvoting, require more fundamental changes tothe political system and voting habits.55

4.2 Discussions about the merits of compulsoryvoting across the world are, at least in part, aresponse to the trend towards lower electionturnouts, with democratic inclusiveness andbroad participation widely considered to beessential elements of healthy and fullyfunctioning democracies. However, whethercompulsory voting can provide sufficient qualityof engagement and participation is arguable,and widely debated by academics andgovernment officials in countries withcompulsory voting as well as those without it.

4.3 Below we look at the impact compulsoryvoting has had on turnout in Australia, WesternEurope and Central and South America. Theoverall finding is clear: where compulsory votinglegislation is introduced, especially where it isactually enforced, it does typically increaseturnout to levels above those recorded in

Compulsory voting around the world: the impact of compulsory voting

27

55 G. Smith, Power beyond the ballot: 57 democraticinnovations from around the world. Report preparedfor the POWER Inquiry (2005).


countries with voluntary voting (see, forexample, the case of Uruguay on page 31).Professor Mark Franklin’s study of turnout in31 countries around the world indicates thatcompulsory voting ‘increases turnout by about6–7%’. His analysis has also found thatvoluntary voter registration does not seemto reduce turnout.56

4.4 A study by Professor Galen Irwin found thatcompulsory voting legislation has a positiveimpact on the ‘development of habitual voting’in the electorate.57 Irwin argues that theexistence of compulsory voting does leave alasting ‘imprint’ on political culture and people’spropensity to vote. By contrast, in Britain thereis some evidence of a growing habit of non-voting: our general election research identifiedthe emergence of a ‘Generation no-X’ withyounger people apparently carrying forwardtheir habit of non-voting into older age.58

4.5 Levels of turnout are, of course, determinedby a number of factors beyond administrative orsystemic initiatives such as compulsory voting(or weekend voting or postal voting ‘ondemand’). Mark Franklin explains that:

It is true that the stick of compulsory votingand the carrot of postal votes do lead morepeople to vote than otherwise would do so,

but the major factors determining turnout –the importance of the electoral contest… andthe likelihood that one’s vote will make adifference… – could only operate if peoplewere motivated to use their votes to achievea political goal.59

4.6 Some countries have chosen to abolishcompulsory voting but have often maintainedhigh voter turnout following its abolition.International IDEA suggests that suchturnouts could be the product of what they call‘innocuous social sanctions’ and it could bethat the experience of enforced compulsoryvoting has engrained voting as a habit.60 Thisleads some to argue that compulsory votingmight help to ‘socialise’ people politically,preparing them for political ‘life’.

Turnout in Australia4.7 Turnouts among the registered electorate inAustralian general elections were in the regionof 94–96% between 1983 and 1998. At thesame time, when the total number of votes castis expressed as a percentage of the voting agepopulation (those aged 18 or over), turnoutswere 81–84%.61 Young people are likely to bedisproportionately represented in the non-voting population. In 2004, the Australian


28

59 M. Franklin ‘The dynamics of electoral participation’ inL. LeDuc, R. Niemi and P. Norris (eds.) Comparingdemocracies 2 (2002).


61 These differences are likely to be the product of non-registration (although some of those unregisteredmight not be eligible to vote).

56 M. Franklin, ‘The dynamics of electoral participation’,in L. LeDuc, R. Niemi and P. Norris (eds.) Comparingdemocracies 2 (2002).

57 G. Irwin, ‘Compulsory voting legislation – Impact onvoter turnout in the Netherlands’, Comparative politicalstudies 7, no.3 (1974).

58 The Electoral Commission, Election 2005: Turnout(2005).


Electoral Commission estimated that up to aquarter of people aged 25 and under were notenrolled to vote, compared with just 5% amongthe wider population.62

4.8 Part of the explanation for such trends lies infindings identified by the Youth Electoral Study(YES) research which found that a strong bondbetween the idea of voting in a democracy anda citizen’s duty to vote does not exist for mostyoung Australians.63 Such findings, allied tolower registration rates and higher politicaldisengagement among young age groups, is amatter of concern to many. Melbourne-basedpolitical scientist Sally Young explains that:

Australia still acts as if it has the populationparticipating in the democratic process. Thefact is if you don’t have a citizenry engaged inpolitics, you don’t really live in a democracy…We have compulsory voting, so the figures ofpeople turning up on polling day make it lookpretty good, but it is not good if they are notinvolved in the issues they are voting about.64

4.9 Leading Australian academics JonathanLouth and Lisa Hill have argued that withoutcompulsory voting Australia would be subject tothe same ‘crises of [electoral] participation’ thatmany industrialised, voluntary-voting Westerndemocracies are experiencing, particularly

among the young and marginalized of society(including the UK where recent low turnouts atgeneral elections have prompted much debateand enquiry).65 At the same time, they haveidentified compulsory voting, particularly whereit is ‘properly administered in a congenialsetting’ such as Australia, as being the bestmeans of guaranteeing high and socio-demographically equal rates of votingparticipation.

Turnout in Western Europe4.10 Table 3 (next page) shows InternationalIDEA’s analysis of turnout among registeredand voting-age populations in three periods ofcompulsory voting spanning seven elections inBelgium and the Netherlands. These figurescompare with general election turnouts in theUK of 83.9% in 1950, 77.1% in 1964, 75.3% in1987, 71.4% in 1997 and 59.4% in 2001.66

4.11 Although a decline in turnout is evident inBelgium during the period 1979–1999, the mostrecent election in 2003 saw a turnout of 96.4%among the registered electorate, representingthe highest turnout in the post-Second WorldWar era (we have been unable to obtain voting-age turnout statistics among the voting-agepopulation for that election). A study by theUniversity of Liege found that one in four


29

62 M. Print, L. Saha and K. Edwards, Youth electoralstudy – report 1: Enrolment and voting (2004).

63 Ibid.64 Full source:

www.theage.com.au/articles/2004/09/13/1094927508487.html, accessed on 14 September 2004.


66 For a full list of UK Parliamentary general electionturnouts see the Electoral Commission, Election 2005:Turnout (2005), p.20.


French-speaking Belgians would choose not toturn out if voting were no longer compulsory.67

4.12 Cyprus is an example of a country whichstrictly enforces compulsory voting andconsequently has high turnout levels: 92% atthe parliamentary elections in 2001 and 91% atthe 2003 presidential elections in 2003. In theNetherlands voting was compulsory from 1917until 1967. During this period, voter turnout wasconsistently above 90%. However, following itsabolition, turnout dropped to 79.1% and 82.9%in the parliamentary elections of 1971 and 1972– the first elections to be held under voluntaryvoting. While lower than it once was, turnoutremained higher than many other voluntary-

voting Western European countries (turnout was79% at the 2002 general election and 80% atthe 2003 general election).68

4.13 Such trends underline that there are manyfactors affecting turnout beyond the practice ofcompulsory voting, including the prominence ofthe election in question, the type of electoralsystem, the ‘contestability’ of the election andlocal political dynamics. For example, Maltadoes not have compulsory voting but hasconsistently high turnout at elections.69


30

Elections Belgium Netherlands1978–1999 1946–1967

RE (%) VAP (%) RE (%) VAP (%)1 94.9 87.8 93.1 85.52 94.6 94.3 93.7 85.13 93.6 86.3 95.0 86.94 93.4 86.5 95.5 88.15 92.7 85.1 95.6 88.86 91.2 83.2 95.1 88.07 90.6 83.2 95.0 92.1Average 93.0 86.6 94.7 87.8Note: RE = turnout among registered electors, VAP = turnout among voting-age population.Source: Adapted from J. Louth and L. Hill, ‘Compulsory voting in Australia: Turnout with and without it’,Australian Review of Public Affairs, Volume 6, Number 1: November 2005, 25–37.

Table 3: Percentage turnouts in two strictly enforced compulsory voting systems

68 G. Irwin, ‘Compulsory voting legislation – Impact onvoter turnout in the Netherlands’, Comparative politicalstudies, 7, no. 3 (1974).


67 Journal La Libre Belgique, Un belge sur quatreaimerait ne pas devoir voter (2004).


4.14 By contrast, Lisa Hill argues that turnoutin Australia would almost inevitably drop ifcompulsory voting were to be abolishedbecause elections are potentially less ‘visible’in the Australian federal, bicameral system,with numerous elections held for differentinstitutions. Turnout was substantially higherin Malta during the 1990s than in Australia:around 96.7% against 82.7%. At a Maltesereferendum in 2003 on membership of theEuropean Union voter turnout was 97%.70

Turnout in Central andSouth America4.15 A comparison of turnout across CentralAmerican countries between 1989 and 1991conducted as part of the Administration andCost of Elections (ACE) project found turnout tobe highest in Nicaragua (86%) where votingwas voluntary and lowest in El Salvador (52%)where it was compulsory but where sanctionswere not enforced.71 However, turnout levelsranged from 65% to 77% in Uruguay prior tothe introduction of the sanctions for non-votingin 1971. Following their introduction andsubsequent enforcement, turnout has beenconsistently high: 89% for the presidentialelections in 1971, 92% in 1999 and 88% in2004.72

4.16 In her study of modern Brazil, Maria D’AlvaKinzo observes that rapid industrialisation andurbanisation created a situation where a largenumber of dispossessed people were notentirely integrated into society but because ofcompulsory voting were part of the electoralarena. Due to the strict enforcement ofcompulsory voting such a group has, at leastpotentially, considerable weight in elections.73

4.17 Clearly, turnouts are determined by morethan institutional or structural factors such ascompulsory voting. Academic analysis byCarolina Fornos, Timothy Power and JamesGarard suggests that political variables (suchas the nature of electoral contests and politicalfreedoms) as well as institutional variables(including unicameralism,74 compulsory voting,and concurrent legislative and executiveelections) have had the most influence ondetermining turnout levels in Latin America.They also found these variables to probablyhave more impact on turnout levels than socio-economic factors which traditionally have hada strong effect on turnout in Western Europe.75

4.18 In explaining voter turnout in Central andSouth America, Fornos, Power and Garardemphasise the importance of cultural factors.For example, they conclude that countries


31

70 Ibid.71 Sourced from the Administration and Cost of Elections

(ACE) project. For more details seewww.aceproject.org.

72 www.idea.intvt/country, website accessed24 November 2005 and www.electionguide.org.uk,website accessed 24 November 2005.

73 M. D’Alva Kinzo and J. Dunkerley (eds.), Brazil since1985 – Economy, polity and society (2003).

74 Unicameralism is the practice of having only onelegislative or parliamentary chamber.

75 C. Fornos, T. Power and J. Garard, ‘Explaining voterturnout in Latin America, 1980 to 2000’, Comparativepolitical studies, 37 no.8 (2004).


characterised by strong adherence to thedemocratic principles of protecting politicalrights and civil liberties have higher rates ofturnout than those lacking such strongdemocratic tendencies.76 They also highlightthe pattern in turnouts among emergingdemocracies in the region, observing thatinaugural elections tend to produce significantlyhigher turnout. Many transitions away fromauthoritarian rule in the region were built arounda popular demand for direct elections, and thisprovided an impetus to political participation.

4.19 Looking ahead, there has been significantpolitical transformation in Central and SouthAmerica within the last two decades. AcademicFrancis Adams argues that the Latin Americandemocracies face the challenge of deepeningtheir democratic institutions and practices.77

International IDEA has identified the need for‘a wealth of work ahead to reform electoralsystems, processes, to develop more inclusivepolitical systems and to improve democraticgovernance.’78

The impact on differential turnout4.20 Compulsory voting can have an impact onturnout at the aggregate level but also amongcertain socio-demographic groups. Hill andLouth argue that the Australian experience of

compulsory voting proves that the system is themost effective means to guarantee high turnoutacross all socio-demographic groups. Irwin hasshown that while compulsory voting was inforce in the Netherlands turnout was above90% for all socio-demographic groups and animmediate consequence of its removal was anincrease in turnout variations betweensubgroups.79

4.21 Ben Rogers of ippr argues that prior tothe abolition of compulsory voting in theNetherlands, there was only a 4% differencebetween the voting levels of the ‘top’ and‘bottom’ classes. After abolition the differencein turnout among different social groupsjumped to 21%.80 A study by the Universityof Liege found that those indicating a lowlikelihood to vote in a voluntary voting scenarioin Belgium tended to come from thedisadvantaged sections of society, includingwomen on low incomes and the unemployed.81

4.22 One of the arguments put forward bysome proponents of compulsory voting inBritain is that it would equalise turnout ratesamong different socio-economic groups.Supporters cite the considerable variations inturnout among different socio-economicgroups. Our own research estimates a 39%


32

76 C. Fornos, T. Power and J. Garard, ‘Explaining voterturnout in Latin America, 1980 to 2000’, Comparativepolitical studies, 37 no.8 (2004).

77 F. Adams, Deepening democracy: Global governanceand political reform in Latin America, PraegerPublishers, USA (2003).

78 International IDEA, Report on Latin America (2003).

79 G. Irwin, ‘Compulsory voting legislation – Impact onvoter turnout in the Netherlands’, Comparative politicalstudies, 7 no.3 (1974).

80 B. Rogers, ‘Turnout is really about class’, (ippr, 2005)www.ippr.org.uk/articles/archive

81 Journal La Libre Belgique, Un belge sur quatreaimerait ne pas devoir voter (2004).


turnout at the 2005 general election among18–24-year-olds, 70% among those aged 65+and significant variations among different socialclasses and the range of different minorityethnic groups.82 Similar patterns persist forelectoral registration: research published bythe Commission in 2005 found higher rates ofnon-registration among the young, those livingmore mobile, transient lives and those in urban,deprived areas.83

4.23 Such trends are not unique to Britain andthe pattern of young people voting less thanolder citizens that is prevalent in the UK is acommon one across the voluntary-votingdemocratic world. However, Professor MartinWattenberg’s international comparative study onturnout and political engagement among youngpeople has shown that the ‘new generation gap’in turnout is greater in the UK than amongseveral other industrialised democracies.84

4.24 The 2004 United Nations DevelopmentProgramme’s report Democracy in LatinAmerica suggests that ‘citizen participation inthe electoral process in Latin America isgenerally of a good level, although there aresignificant differences among countries.’Research by Tomas Chuaqui from the Instituteof Political Science at the Catholic University in

Chile estimated that 75–85% of those of votingage who are not registered are from youngerage groups. He has argued that at the end ofthe Pinochet regime in 1988, citizens registereden masse in order to participate in the yes/noplebiscite in support of Pinochet but since then,those who reach 18 simply tend to not register.Also, there are high levels of invalid votingamong those who are registered and who dovote – one million people, more than 15%,either deliberately spoilt their ballot paper orleft it blank at the 1999 elections.85

The impact of compulsory votingon political engagement4.25 While higher turnouts in countries withsome form of compulsory voting are not solelythe product of such arrangements, it is clearfrom the available evidence that compulsoryvoting both increases aggregate turnout andreduces the variation in turnout rates amongdifferent groups. Less clear is the effectcompulsory voting has on political engagementmore generally, encompassing political interest,knowledge and participation.

4.26 In Australia, some academics have raisedquestions about whether compulsory votingactually has any impact on improving thequality of political participation and, thus,democratic engagement more generally.Studies suggest that compulsory votinglegislation and enforcement have notnecessarily successfully increased political


33

82 The Electoral Commission, Election 2005: Turnout(2005).

83 The Electoral Commission, Understanding electoralregistration (2005).

84 M. Wattenberg, ‘Electoral turnout: The new generationgap’ in British Elections & Parties Review Vol.13 (MPGBooks Ltd, 2003).

85 Advised through correspondence with TomasChuauqui at the Institute of Political Science at theCatholic University in Chile in 2005.


engagement among the general public, andparticularly among younger people, who are theage group least likely to participate in theelectoral process.86 It would seem that youngpeople in established democracies are notimmune from the trend towards declininginterest in politics and disillusionment with thegoverning and political class.87

4.27 Data from the National Australian ElectionStudy (NAES), an established and regularsurvey of political interest and attitudes,indicates that under-25s in Australia areincreasingly turning away from politics.Disillusionment has risen steadily since thegeneral election in 200188 and young people’sinterest in party politics has decreasedsubstantially over the past few years. In the firstNAES in 1987, a third of those aged 18–24 saidthey had ‘not much’ or ‘no interest’ in politics.By 2001, this had increased substantially tohalf, 51%. Also, an increasing number of 18 to 24-year-olds say that they would notvote given the choice.

4.28 Other studies, such as the Youth ElectoralStudy (YES) among 17 to 24-year-olds, pointto growing political disengagement anddisinterest among young people in Australia.89

Professor Print of Sydney University comments,‘Traditionally, as people get older and settle

down… they have more of a vested interestin the political scene… But this youngergeneration is not settling down at anywherenear the same rate as previous generations.’Professor Print has argued that such trendsare ‘partly masked’ in Australia by compulsoryvoting.

4.29 Similarly, there is political disengagementamong segments of the population in countriesin Central and South America. The reportDemocracy in Latin America published by theUnited Nations Development Programme(UNDP) in 2004 indicates that roughly onein five people (19%) can be identified as‘participative democrats’, around one-third(35%) are ‘ambivalent or unmobilised non-democrats’, and one in five (21.6%) wereidentified as those people who ‘have doubtsabout democracy or are opposed to it, and arepolitically active’.

4.30 Writing in 1997, Lijphart took the view thatcompulsory voting ensured that voters wouldmake themselves better informed but a studyby Gordon and Segura (1997) found only ‘asmall, though statistically significant, increasein political sophistication in countries withcompulsory voting, but otherwise, the evidencefor compulsory voting promoting greatercivic awareness is scant’.90 Some students


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86 M. Print, L. Saha and K. Edwards, Youth electoralstudy – report 1: Enrolment and voting (2004).

87 Ibid.88 Australian National University, National Australian

Election Study (2001).89 M. Print, L. Saha and K. Edwards, Youth electoral

study – report 1: Enrolment and voting (2004).

90 S. Jackman ‘Compulsory voting’ in The InternationalEncyclopedia of the Social and Behavioural Sciences(2001).


of compulsory voting have also pointed tothe possibility that it risks making politicalparties less energetic in their efforts tocommunicate with the public in general, andyoung people in particular – parties tend tofocus less on ‘getting out the vote’ and more onpersuading the persuadable.91

4.31 As discussed in this report, compulsoryvoting is just one of several possibleinnovations which have been put forward toaddress declining electoral turnout and publicdisengagement with politics and elections.It is clear from the available evidence thatcompulsory voting both increases aggregateturnout and reduces the variation in turnoutrates among different groups. However,whether compulsory voting can providesufficient quality of engagement andparticipation is arguable and this is widelydebated by academics and governmentofficials in countries with compulsory voting, aswell as those without it. The available evidencedoes suggest that compulsion is less effectivein promoting better public knowledge of politicsor in increasing political engagement.


35

91 G. Orr, ‘Australian electoral systems: How well do theyserve political equality?’ in The Democratic Audit ofAustralia Report No. 2 (2004).


5 Sources

F. Adams, Deepening democracy: Globalgovernance and political reform in Latin America(Praeger Publishers, USA, 2004).

Australian National University, NationalAustralian Election Study (2001).

Australian Parliament Library, ParliamentaryLibrary Research Brief, Compulsory voting inAustralian national elections (2005).

M. D’Alva Kinzo and J. Dunkerley (ed.), Brazilsince 1985: Economy, polity and society (2003).

S. Deposato and B. Norrander, The participationgap: Systemic and individual influences ongender differences in political participation(2005).

Electoral Commission, Compulsory voting(factsheet, 2003).

Electoral Commission, Ballot paper design:Report and recommendations (2004).

C. Fornos, T. Power and J. Garard, ‘Explainingvoter turnout in Latin America, 1980 to 2000’,Comparative political studies, 37 no.8 (2004).

M. Franklin, ‘The dynamics of electoralparticipation’, in L. LeDuc, R. Niemi and P.Norris (eds.) Comparing democracies 2 (2002).

P. Ginsborg, A history of contemporary Italy:Society and politics 1943–1988 (PenguinBooks, 1990).

L. Hill, ‘Democratic assistance: A compulsoryvoting template’, paper presented to the Jubileeconference of the Australasian Political StudiesAssociation, Canberra (2002).

House of Commons Library, Standard noteon compulsory voting (2003).

International IDEA, Voter turnout in WesternEurope since 1945: A regional report (2004).

G. Irwin, ‘Compulsory voting legislation –Impact on voter turnout in the Netherlands’,Comparative political studies, 7 no.3 (1974).

S. Jackman, ‘Compulsory voting’ in TheInternational Encyclopedia of the Social andBehavioural Sciences (2001).

Journal La Libre Belgique, Un belge sur quatreaimerait ne pas devoir voter (2004).

J. Louth and L. Hill, ‘Compulsory voting inAustralia: Turnout with and without it’, AustralianReview of Public Affairs, Volume 6, Number 1:November 2005, 25–37.

P. Norris, Democratic Phoenix: Reinventingpolitical activism (Cambridge University Press,2002).

G. Orr, ‘Australian electoral systems: How welldo they serve political equality?’ in TheDemocratic Audit of Australia Report No. 2(2004).

Compulsory voting around the world: sources

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The Parliamentary Committee onPolitical/Electoral Reform of the BelgianParliament, Chambre 3e session de la 50elegislature: Le vote obligatoire: Aspectsjuridiques (2001).

M. Print, L. Saha and K. Edwards, Youthelectoral study – report 1: Enrolment and voting(2004).

B. Rogers, ‘Turnout is really about class’, (ippr,2005) www.ippr.org.uk/articles/archive

G. Smith, Power beyond the ballot:57 democratic innovations from aroundthe world. Report prepared for the POWERInquiry (2005).

Joint Standing Committee on Electoral Matters,The 2004 Federal Election: Report of the Inquiryinto the conduct of the 2004 Federal Electionand matters related thereto, Joint StandingCommittee on Electoral Matters, Canberra(2005).

United Nations Development Programme(UNDP), Democracy in Latin America – Towardsa citizens’ democracy (2004).

M. Wattenberg, ‘Electoral turnout: The newgeneration gap’ in British Elections & PartiesReview Vol.13 (MPG Books Ltd, 2003).

www.aceproject.org

www.epic-project.org

www.idea.intvt/country

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Appendix

Research methodologyThis research draws on findings fromquestionnaires originally sent in 2004 to Britishembassies and electoral authorities in a rangeof countries across the world where there is,or has been, compulsory voting. We receiveda 65% response rate in 2004 and approachedour respondents again in September 2005 inorder to update our evidence base. We alsoconsulted with leading academics in the UKand abroad, and have drawn on theirexperience and findings.

This paper is not intended as an exhaustivesurvey of the literature on compulsory votingor an in-depth analysis of the precise situationin specific countries. We have been very muchdependent on what has been brought to ourattention, summarising the main features ofdifferent systems of compulsory voting atthe time of our research in autumn 2005.

AcknowledgementThis research project was managed byCatherine Johnson of the ElectoralCommission’s Research Team and this paperutilises a wide range of sources and evidence.We are very grateful for the co-operation andsupport of the following organisations: Britishembassies in Australia, Austria, Belgium, Bolivia,Brazil, Chile, Costa Rica, Fiji, Gabon, Greece,Guatemala, Italy, Luxembourg, Mexico, theNetherlands, Peru, the Philippines, Switzerland,Thailand, Uruguay and Venezuela; the BrazilianEmbassy in London; the Australian ElectoralCommission; the Singapore High Commissionin London; and the Fiji Electoral Commission.

We are also grateful to everyone who providedus with input and advice, including the followingindividuals: Dr Lisa Hill (University of Adelaide,Australia), Professor Alan Angell (the LatinAmerican Centre at the University of Oxford),Professor Clive Church (Department of Politicsand International Relations at the University ofKent), Roberto Espindola (University ofBradford), Hans-Urs Wili of the Swiss FederalChancellery, Maria Gratschew from InternationalIDEA, Lewis Baston from the Electoral ReformSociety, Professor James Dunkerley (TheSchool of Oriental and African Studies), Lievende Winter and Johan Ackaert at the UniversitéCatholique de Louvain and LimburgsUniversitair Centrum. In addition, we wouldalso like to thank Carolina Fornos and JamesGarard from Louisiana State University, andTimothy Power from Florida InternationalUniversity, Georg Lutz from the University ofBerne, Switzerland, Thibaut Cardon at theBelgian Senate, Tomas Chuaqui from theInstitute of Political Science at the CatholicUniversity in Chile and Samuel Valenzuelaat the University of Notre Dame, USA.

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© The Electoral Commission 2006ISBN: 1-904363-81-4

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