Residence and the Right to Vote

Abstract

The right to participate in the selection of one’s governors is a fundamental democratic right. In this article, I argue that long-term residence, because of what residence entails, should motivate extending voting rights to all residents of a territory, independent of citizenship status. Historically, states have adopted diverse practices with respect to the right to vote and I begin by outlining them; they are so diverse that they do not guide us well in identifying whether residents should, as a matter of principle, be entitled to vote. I then justify to whom my argument applies; in particular, I shall explain why my argument applies to all lawful (and some unlawful) residents of a territory, and not simply those who are on track to attain citizenship status, i.e., permanent residents. The main effect of expanding the right to vote beyond permanent residents to lawful residents of a territory is to enfranchise temporary foreign migrants, who make up an increasingly large proportion of migrants admitted to western democratic states. The article’s main innovation is to sever the right to vote from citizenship status and argue instead that residence in a territory, over time, serves as the basis for extending the right to vote in that territory. I conclude by arguing that residence on a territory should be adequate to underpin more than simply local voting rights; it should rather secure the right to vote in all levels of elections.