Policy paper

Overseas electors: Delivering ‘votes for life’ for British expatriates

Published 3 February 2022

This was published under the 2019 to 2022 Johnson Conservative government

Foreword

The government’s 2019 manifesto included a commitment to “make it easier for British expats to vote in [UK] Parliamentary elections, and get rid of the arbitrary 15-year limit on their voting rights”.

The changes set out in this policy statement will fulfil this commitment and support our vision for a truly Global Britain. The existing time limit is anachronistic in an increasingly interconnected world.

Most British citizens overseas retain deep ties to the United Kingdom. Many still have family here, some will return here. Many will have a lifetime of hard work in the UK behind them, and some will have fought for our country. Advances in technology have enabled high-speed global communications, allowing British citizens to follow domestic affairs in real-time.

British expatriates are also directly affected by decisions made in the UK Parliament – for example, on foreign policy, defence, immigration, or pensions. It is therefore right that they have a voice in elections to that body. There is considerable demand for these reforms. Expats of all political stripes are keen to have their say on issues that affect them.

As well as extending the franchise, these changes will facilitate participation in our democracy by making it easier for overseas electors to remain on the register with an absent vote (postal or proxy) arrangement in place ahead of elections.

1. Introduction

The Elections Bill, currently being considered by Parliament, will deliver ‘votes for life’ and extend the franchise for UK Parliamentary Elections to all British citizens living overseas who have been previously registered to vote or previously resident in the UK.

The Bill, and the secondary legislation which will flow from it, will also deliver improvements and consequential amendments to the registration process for overseas electors, including the processes by which applicants have their identity and connection to their relevant previous UK address verified.

Additionally, the planned extension of the registration period for overseas electors, along with associated changes, will make it easier for overseas electors to remain on the register with an absent vote arrangement in place ahead of elections.

Together, this package of reforms is designed to facilitate greater engagement amongst British citizens now living overseas, and to establish robust processes that work in practice for those who administer our elections. These changes are complemented by the introduction of an online absent vote (postal or proxy) application process, and identity verification requirements for absent vote applications. See policy statement on Identity verification for absent vote applications and an online application service.

To assist with scrutiny of the proposals, this paper sets out further information on the changes. The paper explains the key proposed changes in the Elections Bill, as well as the government’s intentions for associated secondary legislation, which will set out further requirements regarding how those changes will work in practice. The approach we are proposing to take in secondary legislation is subject to ongoing engagement with stakeholders and, ultimately, will be subject to Parliamentary scrutiny.

The approach set out in this document, and in the Elections Bill, builds on the government’s 2016 public consultation, A democracy that works for everyone: British citizens overseas. The government published a response to feedback on that consultation in 2018.

2. Franchise

Eligibility

Currently, to register as an overseas elector an individual must be a British citizen^{[footnote 1]} resident outside the UK who:

• has been registered to vote in UK Parliamentary Elections as resident in the UK within the previous 15 years, or
• left the UK when they were too young to have registered to vote, provided their parent or guardian was registered at the place where they were last resident in the UK. This is also subject to a 15 year limit, from when the individual left the UK

The Elections Bill will extend the franchise for UK Parliamentary elections to any British citizen^{[footnote 2]} resident outside the UK who:

• was previously registered to vote in the UK, or
• was previously resident in the UK

Enfranchising those British citizens previously registered or resident in the UK sets a sensible boundary for the overseas franchise. It maintains a substantial degree of consistency with the existing system, and previous registration or residence denotes a strong degree of connection to the UK.

The new franchise will also ensure that, in the future, those who leave the UK before they are old enough to register to vote will no longer have to rely on the registration status of parents or guardians in order to qualify. They will, instead, qualify under the new residence condition (by virtue of their own previous residence). This provides consistency with the principles underpinning individual electoral registration and will ensure that voting rights are not conditional on choices made by others in the past.

3. Address verification

Previous UK address

The section above sets out which British citizens overseas will be enfranchised through the measures in the Elections Bill – those previously registered or resident in the UK.

The Bill further stipulates that overseas electors will be entitled to register in respect of one specific previous UK address. This, in turn, will establish the framework for connecting applicants to the UK constituency where they will be entitled to register and vote.

In line with the eligibility requirements set out in the previous section, applicants are currently entitled to register in respect of:

• the last UK address at which they were registered in the previous 15 years, or
• for those who left the UK when they were too young to have registered, the last UK address at which they resided in the previous 15 years (subject to their parent or guardian also having been registered at that address)

This is in line with the Representation of the People Act 1985. Moving forward, in accordance with the provisions in the Elections Bill, individuals will apply to register in respect of:

• the last UK address at which they were registered, or
• if they were never registered, the last UK address at which they were resident

This approach maximises continuity with the existing registration system, which electors and administrators are familiar with. It puts in place clear rules regarding where persons may register and will ensure overseas electors continue to have a significant and demonstrable connection to the place where they vote.

Address verification processes

The Elections Bill establishes the UK address in respect of which applicants will be eligible (set out above). Secondary legislation will specify how an applicant’s connection to that address may be established. This split between primary and secondary legislation is consistent with the approach taken in current electoral law for overseas electors. Setting out the address verification process in secondary legislation will also ensure an appropriate degree of flexibility for changes in the future.

Currently, Electoral Registration Officers (EROs) confirm an applicant’s connection to a previous UK address by checking historic copies of the electoral register, which are retained for this purpose in accordance with the 15 year time limit on voting rights (Electoral Commission guidance for EROs recommends that they retain registers for 15 years). The Elections Bill proposals, which prioritise the previous registration condition, are designed to ensure that register checks continue where possible.

EROs will have a clear rationale for retaining registers for longer once the changes come into effect. Over time, therefore, a growing proportion of applicants should have their eligibility determined via a register check. Register checks may also be possible for individuals already abroad whose eligibility expired because of the 15-year limit on overseas electors’ voting rights. An individual in this situation may have been entered on a relatively recent electoral register as an overseas voter – a person who left the UK in 2000, for example, may have remained registered as an overseas elector until their entitlement expired in 2015.

It will not, however, be possible for every applicant to have their previous UK address verified via a register check. Specifically, this category will comprise (a) those previously registered for whom there is no retained register, and (b) those who were never registered in the UK. Our intention is that an ERO may be satisfied as to an applicant’s connection to a previous UK address on the basis of:

• documentary evidence provided by the applicant (potentially including, for example, a bank, building society or credit card statement, or bank or building society passbook. See Annex A for more detail)
• EROs checking locally-held records (on a discretionary basis, given likely variations between the availability and accessibility of records held by different local authorities)
• or, if the above are not possible, via an attestation (a declaration to the effect that certain facts are true) from another suitably qualified registered elector who is not a close family member

Should an eligible individual have their connection to a previous UK address established via one of the means above, they would be added to the register. Should they ever need to re-register (having failed to renew their overseas declaration – see below), this would mean that their eligibility would be determined via a register check. In other words, they would only have to use these processes once.

The precise parameters of these processes are subject to ongoing engagement with stakeholders, and, ultimately, to Parliamentary scrutiny and approval. The government’s emphasis will be on ensuring that eligible persons are provided with reasonable means to demonstrate their eligibility, and that the processes are workable for administrators and maintain the integrity of our electoral system.

Initial research with expatriates suggested that, unsurprisingly, the longer they have been overseas, the less likely they are to retain documentary evidence which could be used to demonstrate previous residence. For this reason, the government is also investigating whether any Department holds historical address data which might be used to facilitate automated checking. Should automated checks be feasible, they would benefit electors and administrators by streamlining applications and providing an additional means by which eligibility may be determined.

In relation to address attestations, we intend to establish limits on the number of attestations that a registered elector may provide, consider additional qualifications to be an attestor, and require attestors to provide their registration address and confirm they are aware of penalties associated with knowingly providing false information to an ERO.

There is an existing power in electoral law relating to the registration of electors in Northern Ireland that allows the Chief Electoral Officer to request additional information and evidence in support of registration applications and therefore whilst the process for Northern Ireland is likely to be very similar to that set out above, the detail in secondary legislation may differ.

4. Identity verification

The government intends to improve the existing identity verification process for overseas electors, enhance existing security features and ensure that the application process is accessible. This will be done by amending current secondary legislation.

Currently, applicants provide their full name, date of birth and National Insurance number to be matched against Department for Work and Pensions (DWP) data in order to verify their identity. It is uncommon for overseas applications to be unsuccessful at this stage – at the last UK Parliamentary General Election fewer than 10% of overseas electors submitted an application that may have required further verification measures from their ERO.

If an overseas applicant’s identity cannot be verified via the National Insurance number check, they can be required by the ERO to provide an attestation of identity from a registered overseas elector who is not a close family member.

The government intends to introduce an ‘intermediate’ step that would enable documentary evidence (such as passports) to be supplied by an applicant whose identity cannot be successfully verified via the National Insurance number and date of birth check. Under the new system, the methods of identity verification would therefore comprise:

1. Full name, date of birth and National Insurance number checks against DWP records; or

2. Documentary evidence (for example, UK passport); or

3. If neither of the above are possible, an attestation from another suitably qualified elector.

Enabling overseas applicants to provide documentary evidence to verify their identity will make the process more secure and should help to reduce administrative burdens. It will also align the process more closely with the existing “exceptions process” for those domestic electors who are unable to register with a National Insurance number.

Further, we intend to make some changes to the existing identity attestation process for overseas electors to make it more secure, including:

• limiting the number of persons for whom any registered elector may provide an attestation to two within a given period
• require attestors to provide their registration address and confirm they are aware of penalties associated with knowingly providing false information to an ERO
• and enable UK-based electors to attest (currently only other overseas electors may do so)

These measures will help applicants who may not know another overseas elector who can attest to their identity. They will also help ensure that the attestor can be verified as a registered elector, and act as an additional deterrent against potentially fraudulent applications.

In Northern Ireland the ‘exceptions process’ is not as prescriptive and currently where an applicant cannot be verified through National Insurance number and date of birth checks the Chief Electoral Officer, who is the sole registration officer for all 18 constituencies in Northern Ireland, requests further evidence or information under the Chief Electoral Officer’s existing power to do so.

If an applicant cannot be verified through DWP and local data checks and the documentary evidence requested by the Chief Electoral Officer is not available then the applicant may provide an attestation. The government is considering if the process should be more tightly prescribed in secondary legislation.

5. Registration renewals

Extending the renewal period

The Elections Bill will extend the registration period for overseas electors from 1 year to up to 3 years.

Under the current system, once an overseas elector has registered, they are required to renew their overseas elector declaration (initially made at the point of application) each year in order to remain registered. If they fail to do so, they are removed from the register and, should they wish to vote again, they must submit a fresh application (and make a fresh absent vote arrangement, since those arrangements are terminated when a person is removed from the register).

In practice, a significant number of overseas electors do not renew each year. Because they are only entitled to vote in UK Parliamentary elections, there may be limited incentive for them to remain registered every year. Many then reapply to register and for an absent vote in the run-up to elections, which are especially busy periods for electoral administrators.

From the elector’s perspective, applications made close to the postal vote deadline (5pm, 11 working days before polling day) can significantly reduce their chances of voting successfully by postal ballot. This is particularly the case if they live far away from the UK or somewhere where the postal system is less reliable, given that ballot papers must be printed, posted overseas, completed by the elector and returned by 10pm on polling day.

The extension of the registration period to up to 3 years – an approach which was developed in conjunction with stakeholders – is intended to ensure that a greater proportion of overseas electors remain on the register between electoral events, benefiting both administrators and electors.

The decision to set this limit at a maximum of 3 years reflects the fact that the benefits gained by extending the registration period must be balanced with ensuring that registers remain accurate. Additionally, the limit is intended to help ensure that overseas elector’s contact details remain sufficiently up-to-date (also important in ensuring that postal votes are sent to the correct address).

‘Fixed point’ renewals

The extension of the renewal period will be complemented by the creation of a ‘fixed point’ renewal cycle, also set out in the Elections Bill. The Bill will ensure that all overseas electors’ declarations will expire on the third 1st November after they are made. Currently, by contrast, the renewal date is 12 months after an overseas elector is added to the register.

This change will create greater consistency for electors, while allowing administrators to plan for this period and schedule communications accordingly. The date of 1st November was chosen as this is typically a less busy period for administrators. Significantly, scheduling renewals for this date will also support the completeness and accuracy of the revised electoral register, published annually on or by 1st December.

Aligning renewals with absent vote arrangements

The extension of the renewal period and the creation of a fixed-point renewal cycle will be complemented further by a new tie-in with absent voting arrangements.

Overseas electors will be able to reapply or refresh their absent vote arrangements (as appropriate) at the same time as renewing their declaration. This alignment between absent vote and renewal arrangements will further encourage overseas electors to remain on the register with an absent vote arrangement in place between elections.

The alignment dovetails with the new 3-year postal vote cycle planned elsewhere in the Elections Bill. In future, the period for which a person may apply for an on demand postal vote at Parliamentary elections in Great Britain and local elections in England will be limited to 3 years and postal vote holders will be required to reapply every 3 years if they wish to continue to vote by this method.

Currently, a postal vote can be held indefinitely, so long as the elector refreshes their signature (one of the two personal identifiers held on record and checked against those on the returned postal voting statement) every 5 years. Indefinite postal votes in Northern Ireland will not need to be renewed after 3 years as, given the evidence required to support such applications, renewing them on a regular basis would be disproportionate.

The government also intends, via secondary legislation, to ensure that proxy vote arrangements also align with the new 3-year renewal cycle. Currently overseas electors registered in Great Britain can have a permanent proxy vote, provided they refresh their personal identifier signature every 5 years. This signature refresh requirement for overseas electors will be altered, so that it will be required every 3 years.

Overseas electors in Northern Ireland will also be entitled to a permanent proxy vote, providing their renewal declaration is successful and they confirm their personal identifiers. If an elector fails to renew their declaration, they will be removed from the register and the proxy vote arrangement will fall away.

Renewal reminders

To renew their declaration, an overseas elector will need to submit (and have an ERO receive) a renewal declaration at some point in the final 6 months of their current registration period, to confirm that they wish to remain an overseas elector and reconfirm their details, such as their name, date of birth and the address at which they are registered.

The framework for the renewal reminders process, as now, will be set out in secondary legislation. We intend to retain the provision that an ERO in Great Britain must send two reminders to overseas electors to renew their declaration, but also to enable greater flexibility with regards to the timing of these reminders, recognising the busy schedules of EROs, particularly with the annual canvass. It will be possible for these reminders to be sent electronically, and for them to be combined with reminders about absent vote arrangements.

The framework for the renewal reminder process in Northern Ireland will also be set out in and mirror existing legislation. Currently, the Chief Electoral Officer (CEO) is required to send out one reminder to overseas electors but has the discretion to send further reminders if the CEO decides this is necessary. We intend to retain this provision.

6. Voting

Casting a ballot

There are a number of existing options to vote – by post, by proxy or in person (where the elector is in the relevant constituency on the day of the poll) – which will all remain in place. The government considers that the current voting methods provide an appropriate range of secure and practical options for overseas electors.

While the means by which overseas electors may cast their ballots will remain consistent, the changes described in the previous section will make it easier for overseas electors to remain registered for longer with an absent vote arrangement in place ahead of elections.

Additionally, the Elections Bill will enable an online absent vote application process, and identity verification requirements for absent vote applications. This will make the application process more secure and it is hoped that it will help overseas electors submit an absent vote application in a more efficient manner, as it will cut out the time required to return an absent vote application via post for those applying online. Further detail on these changes is set out in the policy statement on Identity verification for absent vote applications and an online application service..

It is important that overseas electors are able to make informed choices about options for casting their ballots. Ahead of recent elections the Register to Vote website has been updated to encourage those applying close to the registration deadline and who live further away, or somewhere where the postal service may be less reliable, to consider appointing a proxy. As part of work to update the Register to Vote service for overseas electors, the government will seek to make further improvements to help overseas electors better understand their voting options.

In relation to postal votes, specifically, the process for delivering overseas postal ballots has been recently enhanced by a service put in place by the government in conjunction with Royal Mail for postal vote packs to be expedited via Heathrow. This led to an improved service during the December 2019 UK Parliamentary General Election, and was coupled with the use of pre-paid postage for international replies to avoid errors with return postage, introduced previously.

Electoral integrity

The absent voting measures in the Elections Bill will give greater protection to all persons with an absent vote arrangement, addressing weaknesses in the current arrangements and deterring persons seeking to undermine the integrity of the electoral system.

The anti-fraud measures in the Elections Bill include a move away from indefinite postal votes and instead require long-term postal voters registered for Parliamentary elections in Great Britain and local elections in England to reapply every 3 years. This will ensure a person’s entitlement to vote by post is regularly assessed and provide an opportunity for a person who may have initially been pressured into applying for a postal vote to end the postal vote arrangement. It will also help to ensure that the signature which is held on record remains current, minimising the risk that a postal vote is rejected because the identifiers do not match.

This new 3-year requirement will apply equally to overseas electors. It will, however, dovetail neatly with changes to the registration renewal process, enabling overseas electors to renew their registration and their absent vote at the same time (see ‘Registration renewals’ section for more detail).

The Elections Bill also introduces safeguards (for reserved polls across the United Kingdom) against the abuse of proxy voting and will reduce the opportunity for individuals to exploit the process and steal votes. Currently, someone can act as a proxy for up to 2 electors and an unlimited number of close relatives in any constituency or any electoral area at a local election.

The Bill proposes to limit the total number of electors for whom a person may act as a proxy to 4, of which no more than 2 can be for ‘domestic’ electors – i.e. an elector that is neither an overseas elector nor a service voter – for all constituencies or electoral areas.

In practice, this will mean that a person may act as a proxy for up to 4 overseas electors. This reflects the reality that overseas electors may be limited in the number of people resident in the UK who they deem suitable to be appointed as their proxy. In comparison to domestic electors, overseas electors are, necessarily, also more reliant on absent voting methods.

If an overseas elector appoints a proxy to vote on their behalf, then, in line with the new voter identification safeguards in the Elections Bill, that proxy will be asked to show their own photo identification prior to casting a proxy vote.

The Bill will strengthen the absent vote application process by requiring identity verification for online and paper absent vote applications, ensuring that applications are legitimate and protected from fraud. It also provides that identity verification can take place before an application is submitted, as part of both the online Individual Electoral Registration and online absent vote application processes.

7. Costs

An Impact Assessment (PDF, 904KB) to provide initial estimates of the cost of the Elections Bill, including the overseas electors policy, was published in July 2021. The Impact Assessment provided estimates of the additional cost of the electoral registration process due to a larger electorate following the expansion of the franchise and the additional cost of newly enfranchised overseas electors voting in UK Parliamentary Elections.

The government is committed to ensuring those responsible for the conduct of electoral registration have the necessary resources to deliver our elections robustly and securely as they implement these new measures. Any additional funding required to cover identified new burdens arising from this programme will be adequately funded in line with longstanding government practice.

Annex A: Documentary evidence for address verification

The government’s 2016 public consultation, A democracy that works for everyone: British citizens overseas (the government published a response to feedback on that consultation in 2018), set out possible types of documentary evidence that could be supplied by an applicant and considered acceptable evidence of their connection to a previous UK address (in circumstances where a register check was not possible).

The lists in that consultation are replicated below. These proposals provide a foundation for work in this area, but will be subject to significant further scrutiny, including in conjunction with electoral administrators and relevant stakeholders.

The 2016 consultation proposed that the forms of evidence would be broken down into two types, Type A and Type B, with the intention that an ERO could be satisfied on the basis of 1 item from list A, or 2 items from list B.

List A

• Household utility bill (such as gas, electric, water or telephone).
• Full UK photocard driving licence with signature or ‘old style’ driving licence (including provisional or expired licences).
• Bank, building society or credit card statement, or bank or building society passbook.
• Local authority tax bill (eg council tax bill).
• Local authority rent book.
• Solicitor’s letter confirming house purchase or land registry confirmation, or an official copy of the land register or other proof of title.
• HM Revenue & Customs (Inland Revenue) tax document such as a tax assessment, statement of account or notice of coding.
• Original notification letter from the relevant benefits agency confirming entitlement to benefits or the state pension.
• Pension or benefit correspondence from the Department for Work and Pensions or previous incarnations.
• Instrument of a court appointment, e.g. probate or court-registered power of attorney.

List B

• Payslip.
• Employment document, such offer of employment or reference.
• School, college or university (or UCAS) document, such as an offer of a place, or confirmation of attendance.
• Insurance documents, such as full insurance schedule, or letter confirming insurance cover.
• Student loans company letter.
• Mobile telephone bill.

1. This includes Eligible Irish citizens. To qualify as an Eligible Irish citizen a person must; identify as Irish, have been born in Northern Ireland, be entitled to UK citizenship even if they don’t choose to identify as British and their last residence in the UK must have been in Northern Ireland. ↩

2. This includes Eligible Irish citizens. To qualify as an Eligible Irish citizen a person must; identify as Irish, have been born in Northern Ireland, be entitled to UK citizenship even if they don’t choose to identify as British and their last residence in the UK must have been in Northern Ireland. ↩