Elections 2023: Who is exempt from voting but must justify their absence?

The electoral act in Argentina is approaching, and with it, the obligation of citizens to go to the polls to exercise the right to vote. However, not all citizens are subject to this civic responsibility, as Argentine law provides for various exceptions that allow certain groups of people to abstain from voting without fear of legal consequences. Below, we detail who is exempt from voting in national elections and what they must do to justify their absence. Young people between the ages of 16 and 18 and over the age of 70The Argentine Citizenship Law, also known as Law 26,674, states that young Argentines, both native and by choice, between the ages of 16 and 18, as well as people over the age of 70, are not required to vote. This provision is supported by article 125 of the same law, which is partly incorporated into the National Electoral Code.For these groups of citizens, voting is optional, and it is not necessary to present a justification in case of not participating in the elections. This means that those young people who do not wish to exercise their right to vote or those over 70 who prefer to abstain, can do so without legal consequences. However, the legislation also provides for certain exceptions in which citizens may abstain from voting, but must justify their absence. These exceptions are as follows:Illness or force majeure: Persons who are ill or unable to vote due to force majeure, such as accidents or serious health situations, may also abstain. However, they will have to present a justification to support their absence from the polls. Members of acting public service bodies or companies: Citizens who are part of public service bodies or companies that perform duties on election day may abstain from voting, as long as they justify their absence. This applies to situations in which the performance of their duties is incompatible with their participation in the electoral process. Acting judges and assistants: Judges and judicial assistants who are on duty on election day also have the possibility to abstain from voting, but must justify their absence. Distance of more than 500 kilometers: Those who are more than 500 kilometers from their polling place and have a valid justification that prevents them from traveling to the polling place may abstain from voting. In this case, it is necessary to present a justification that supports the inability to vote due to distance. What happens if I work on Election Day? In addition to the exceptions mentioned above, citizens who have to work on election day have specific rights. If their employment prevents them from going to the polls during election hours, it is the responsibility of their employers to authorize them to vote or perform duties at the polls without any deduction from their wages or hourly surcharges.

Original source in Spanish

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