Constitution for Scotland Public Consultation Hub

Section 1.12. Citizens, resident, and on the electoral register, are entitled to vote in all national elections and referendums upon reaching the Age of Legal Capacity, except for persons under guardianship due to severe mental incapacity as defined by a specific medical or judicial certification.

Proposed Amendments to Section

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Original Version

  • Avatar admin
    Administrator #1  •  2020-08-20 17:35:39

    Section 1.12. Section 1.12. Citizens, resident, and on the electoral register, are entitled to vote in all national elections and referendums upon reaching the Age of Legal Capacity, except for persons under guardianship due to severe mental incapacity as defined by a specific medical or judicial certification.

      • Caledonialan

        Section 1.12. This sentence is ungrammatical. Also, it refers to an "

          • Caledonialan

            Section 1.12. This sentence is ungrammatical. Also, it refers to an "age of legal capacity", which would have to be defined for all legal purposes, although it might be preferable to envisage different ages for different legal purposes - as is, I believe, currently the case. It would be better to refer to an age of entitlement to vote as laid down in parliamentary legislation.

              • Caledonialan

                Section 1.12. In addition, as a UK national prevented from voting in the Brexit referendum, I feel strongly that citizens should be entitled to vote, at least for certain purposes, even if they are not resident in the country. France has a system of representation of nationals redsident abroad which allocates a number of seats in the National Assembly to wide constituencies such as "Northern Europe" etc, defined in accordance with the number of nationals resident in each area. I feel such a solution should be considered, to encourage involvement in Scottish politics by those currently abroad. I am aware this is a complex issue, but I think it needs serious consideration. I myself am currently prevented from voting in Scotland because I spend less than half the year in my Edinburgh flat, even though I have a considerable interest in what goes on in Scotland.

                  • Rs902

                    Section 1.12. I completely agree that citizens of a country should retain the right to vote despite not being resident in the country. I have worked overseas for British International Schools including and lost the right to vote on Brexit despite it having a direct impact on my future. Citizens abroad should still have the right to vote in their country of residence as for many years, I was unable to vote anywhere due to being a foreign national albeit in Europe.

                      • Caledonialan

                        Section 1.12. In my original comment, I mentioned France, but many other countries take a similar approach - Italy, Portugal and the USA, to name but the first three that come to mind. The UK is not necessarily typical, nor is its approach necessarily to be followed.

                        No responses
              • jeanepark

                Section 1.12. Pedantic - but I believe the word "resident" here is being used as an adjective and not a noun; unless you are quibbling about the Oxford comma?

                  • Caledonialan

                    Section 1.12. I see what you mean. If it means "Citizens who are both resident in Scotland and on the electoral register", it is awkward rather than actually ungrammatical. However, it would seem to be a retrograde step compared to the current situation, in which UK nationals living abroad for less than 15 years, together with legally resident foreign nationals, are entitled to vote in Scottish local and parliamentary elections.

                    No responses
      • John Russell

        Section 1.12. Is it the intention that citizens who have been gaoled for violent crimes (eg murder, rape) should retain the right to vote?

        No responses

Proposed Amendment to Section 1.12.

Proposed Amendment to Section 1.12.

  • sdonald01

    Voting obligations, may fall under 4.19

    Section 1.12. It shall be mandatory for an eligible voter, to cast a vote in a national election. This notwithstanding, elections Scotland, shall ensure all ballots have a dissension option on the ballot. Penalties for not voting and convictions will be provided under the Scottish elections and voting act regulations. People convicted for not voting shall not be protected under the freedom of information act for this violation and the government has the right to provide this list to anyone.

    No votes  |  I agree 0 I disagree 0
    No responses

Proposed Amendment to Section 1.12.


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