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 all voters registered on the electoral rolls. Voters may not be represented by proxy. Any reason for abstention must be duly justified before the Public Prosecutor of the District Court.
Luxembourg law specifies penalties for voters who fail to vote or whose reasons for abstention have not been not been approved.
Who is concerned
This concerns voters who:
- are registered on the electoral roll;
- are unable to take part in the vote (municipal, legislative, European or a referendum).
The following are exempt from mandatory voting:
- voters who, at the time of the election, live in a commune other than the one in which they are supposed to vote;
- voters over 75 years old.
How to proceed
Being an abstentionist voter
A postal voting system has been put in place for all voters in order to prevent abstentions. All voters who are unable to take part in a communal, legislative or European vote, or in a referendum, must provide their reasons for abstention to the Public Prosecutor of the District Court who has territorial competence over their commune of residence (Luxembourg or Diekirch - Parquet de Luxembourg or Parquet de Diekirch).
The reasons must be presented on plain paper with the necessary justifications and delivered 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, for each commune. These voters may then be cited before the magistrate.
Being reported for abstentionism
A first unjustified abstention may be punished by a fine.
In case of a repeat offence within 5 years, the fine will be increased.
Forms / Online services
Modèle de déclaration d'impossibilité de voter aux élections communales, législatives ou européennes
Modèle de déclaration d'impossibilité de voter aux élections communales, législatives ou européennes