Declaring inability to vote in communal, legislative or European elections, or in a referendum
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Whether for communal, legislative or European elections, or for a referendum vote, voting is mandatory for everyone registered on the electoral rolls. As a voter, you cannot be represented by another person. Any reason for abstention must be duly justified before the Public Prosecutor of the District Court.
Luxembourg law provides for penalties if you have not taken part in the vote or if your reasons for abstaining have not been admitted.
Who is concerned
This concerns you if you are:
- registered on the electoral rolls; and
- are unable to take part in the vote (communal, legislative, European elections or a referendum).
However, you are excused from the compulsory vote if:
- at the time of the election, you live in a commune other than the one in which you are due to vote;
- you are over 75 years of age; or
- you are of legal age and under guardianship.
How to proceed
Being an abstentionist voter
A postal voting system has been put in place in order to prevent abstention. If you nevertheless find yourself unable to take part in a communal, legislative, European or referendum ballot, you must inform the Public Prosecutor of the District Court territorially competent for your commune of residence (district prosecutors of Luxembourg or Diekirch) of your reasons for abstaining.
The reasons must be set out on plain paper or using the declaration template (see 'Online services and forms') with the necessary supporting documents and sent by post.
If the Public Prosecutor accepts the basis of the excuses presented for abstention, no prosecution procedure is initiated.
A list of voters who fail to vote and whose excuses have not been approved will be prepared by the Public Prosecutor in the month of the announcement of the result of the vote. These voters may then be cited before the justice of the peace.
Being reported for abstentionism
A first unjustified abstention may be punished by a fine.
In case of a repeat offence within 5 years of the conviction, the fine will be increased.
Online services and forms
Related procedures and links
Procedures
Links
Further information
-
Élections.public.lu
Official elections website of the Grand Duchy of Luxembourg
-
Local elections
on the website of the Ministry of Home Affairs
-
Municipality directory
on the SYVICOL site
Legal references
- Loi électorale modifiée du 18 février 2003
-
Loi du 4 février 2005
relative au référendum au niveau national