Foreign citizens residing in Portugal

The following foreign citizens, over 17 years of age, residing in Portugal, have the right to register for the electoral register:

A. National citizens of European Union countries with legal residence in Portugal: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Czech Republic, Romania and Sweden.

B. National citizens of Portuguese-speaking countries with legal residence in Portugal for more than 2 years: Cape Verde and Brazil.

C. National citizens of other foreign countries with legal residence in Portugal for more than 3 years: Argentina, Chile, Colombia, Iceland, Norway, New Zealand, Peru, United Kingdom, Uruguay and Venezuela (Declaration no. 29/2021, of March 25, from the Ministry of Foreign Affairs and the Ministry of Internal Affairs).

The foreign voters referred to in the previous paragraph register with the census committee/parish council, corresponding to the residence indicated on the valid residence permit (art. 27, no. 5, of the Electoral Registration Law (ER Law)).

Note: Brazilian citizens holding the status of equal political rights, who have voluntarily obtained a citizen card, are automatically registered in the BDRE, in the electoral district corresponding to the address shown on the citizen card, being registered in the electoral register under conditions similar to those Portuguese citizens (articles 9, no. 5 and 27, no. 2, of the RE Law).

National citizens of European Union countries, with legal residence in Portugal, identify themselves with a valid identification card and provide proof of legal residence in Portugal through a valid residence permit – Certificate of Registration for Citizen of the European Union or Certificate of Permanent Residence for Citizens of the European Union (articles 9, no. 4, 27, no. 5 and 34, no. 2, of the ER Law).

National citizens of Portuguese-speaking countries (Cape Verde and Brazil) with legal residence in Portugal identify themselves and provide proof of residence with a valid residence permit (art. 9, no. 4, 27, no. 5 and 34, no. 2, of the ER Law).

National citizens of Argentina, Chile, Colombia, Iceland, Norway, New Zealand, Peru, United Kingdom, Uruguay and Venezuela, with legal residence in Portugal, identify themselves and provide proof of residence with a valid residence permit (art. 9. º, no. 4, 27.º, no. 5 and 34.º, no. 2, of the ER Law).

Yes. When registering, the census committee/parish council prints the voter form through SIGRE, so that the voter can confirm the information contained therein and sign it (article 38 of the ER Law).

The status of equal rights and duties is granted to Brazilian citizens who request it and have habitual residence in Portuguese territory, proven through a residence permit.

The equality status comprises two modalities: civil rights and civil and political rights.

Equality status in terms of civil rights can be granted immediately after the residence permit and depends on the beneficiary’s request.

The status of equality in terms of civil and political rights for Brazilians in Portugal will only be recognized for those who have been habitually resident for three years, also at the request of the beneficiary.

The recognition of political rights depends on the prior or simultaneous granting of equality status and allows citizens who benefit from them the full exercise of rights of a political nature, under the terms and with the limitations provided for in the Constitution and the law, under conditions of reciprocity between Portugal and Brazil.

Brazilians in Portugal, beneficiaries of equality status, can optionally obtain a Portuguese Citizen Card, mentioning the bearer's nationality and reference to the Porto Seguro Treaty.

This Citizen Card does not mention whether the statute only covers equal civil rights or whether it also includes civil and political rights.

Holding a Portuguese citizen card does not mean that a Brazilian citizen is automatically registered in the electoral register or that he or she has applied for civil and political rights status.

Nothing. The granting of equal political rights is communicated automatically and ex officio to the central administrative authority with responsibility for census matters, so that it can take legally appropriate steps.

Brazilian citizens who benefit from equal political rights can vote in all elections and referendums under the same conditions as Portuguese citizens.

The recognition of equality of political rights allows Brazilian citizens to fully exercise political rights, except access to the positions of President of the Republic, President of the Assembly of the Republic, Prime Minister and presidents of the supreme courts.

No. The acquisition of political rights via equality status in the State of residence (Portugal) implies the suspension of the exercise of the same rights in the State of nationality (Brazil).

No. The status of equal rights and duties and the recognition of the enjoyment of political rights are extinguished in the event of the expiration or cancellation of the residence permit in national territory. They are not extinguished, however, by initiative and mere act of will by the applicant after their grant.

The equality status is also extinguished when the beneficiary loses Brazilian nationality, as well as the enjoyment of political rights is extinguished or suspended in the event of deprivation of the same rights in Brazil resulting from a decision of the Brazilian State.

No. Holding equal status does not imply the gain or loss of respective nationalities. Portuguese citizens in Brazil and Brazilian citizens in Portugal, beneficiaries of the status of equal rights and duties, only enjoy the same rights (except those reserved by the Constitution for their nationals) and are subject to the same duties as nationals of these States under conditions of reciprocity.

Yes. Brazilian citizens (beneficiaries of the equality statute only in the form of civil rights or Brazilian citizens only with a residence permit and who do not benefit from the equality statute) can vote in local elections, not under the Treaty of Porto Seguro, but as a result of reciprocity principles, as long as they have been legally resident in Portugal for at least two years.

To vote in local elections, they must go to the census commission (Parish Council) corresponding to the address indicated on the residence permit to register in the Portuguese electoral register. It should be noted that, if voter registration update operations are suspended on the 60th day before each election, registration in the voter registration must be promoted by this date.

Note: in this case, the exercise of political rights in the State of nationality is not suspended.

Voting in Portugal is not mandatory, nor can failure to exercise it be subject to any sanction.

The following can vote for the election of local authority bodies:

a) Portuguese citizens over 18 years of age who are registered in the Portuguese electoral register, in the area of the respective local authority (articles 2, no. 1, paragraph a) and 4, of the Electoral Law of Local Government Bodies);

b) EU citizens who are not nationals of the Portuguese state, when they legally enjoy the same rights as Portuguese citizens in their state of origin and are registered in the Portuguese electoral register, in the area of the respective local authority (art. 2, no. 1, paragraph b) and 4, of the Electoral Law of Local Government Bodies);

c) Citizens of Portuguese-speaking countries with legal residence in Portugal for more than 2 years when they legally enjoy the same rights as Portuguese citizens in their state of origin and are registered in the Portuguese electoral register, in the area of the respective local authority – Brazil and Cape Verde – (articles 2, no. 1, paragraph c) and 4, of the Electoral Law of Local Government Bodies and Declaration no. 29/2021, of March 17, 2021 – Joint Ministry of Foreign Affairs (MNE) and Ministry of Internal Administration(MAI) - published in the “Diário da República”, dated March 25);

d) Other foreign citizens residing in Portugal for more than 3 years, as long as they are nationals of countries that, under conditions of reciprocity, grant active electoral capacity to Portuguese residents there, in accordance with Declaration no. 29/2021, of 17 December March 2021 – Joint MNE/MAI Declaration published in the “Diário da República”, on March 25th.

1 — Active electoral capacity (right to vote):

a) Member States of the European Union;

b) Brazil and Cape Verde;

c) Argentina, Chile, Colombia, Iceland, Norway, New Zealand, Peru, United Kingdom, Uruguay and Venezuela.

2 — Passive electoral capacity (right to be a candidate and elected):

a) Member States of the European Union;

b) Brazil and Cape Verde;

c) United Kingdom.

(Declaration no. 29/2021, of March 17, 2021, published in the “Diário da República”, of March 25th).

Yes, as long as you are registered in the Portuguese electoral register and are a national of a country where active electoral capacity is recognized for Portuguese citizens. (Article 2, of the Electoral Law of Local Government Bodies)

See previous FAQ

You can obtain this information, in the fifteen days before the election:

at the Parish Council of your area of residence;

at the City Council in your area of residence;

via the Internet at https://recenseamento.mai.gov.pt;

by SMS (write the following message: RE <space> civil identification number without check. digit <space> date of birth YYYYMMDD example: RE 1444880 19531007 and dial 3838); or
through the Voter Support Line: 808 206 206.

Political parties, coalitions of political parties and groups of voting citizens. (Article 16, no. 1, of the Electoral Law of Local Government Bodies)

Applications must be accompanied by the following documents:

List containing the indication of the election in question, the identification of the party, coalition or group of citizens proposing and the identification of the candidates and the representative of the list and, in the case of a coalition, the indication of the party that proposes each of the candidates;

Declaration of candidacy, signed jointly or separately by the candidates, which must state, under oath, that they are not covered by any cause of ineligibility nor appear on more than one list of candidates for the same body, that they accept the candidacy for the party, coalition or group of citizens proposing the list and who agree with the designation of the representative indicated on it.

Each list must be accompanied by a certificate or public form of certificate from the Constitutional Court, proving the registration of the political party and its date or, in the case of a coalition, a certificate of legality and annotation of the coalition issued by the Constitutional Court.

In the case of candidacy by a group of citizens, a declaration of proposal (which corresponds to the list of proponents) and a certificate of registration in the electoral register of each of the candidates and the agent must be added.

In the case of foreign candidates, a formal declaration must also be submitted specifying nationality and habitual residence in Portuguese territory, last residence in the State of origin and non-deprivation of passive electoral capacity in the State of origin. If the candidate is a foreigner who is not a national of a member state of the European Union, a residence permit must be presented proving residence in Portugal for the minimum legally stipulated period of time. (Articles 23 and 24 of the Electoral Law of Local Government Bodies)

The municipal bodies to be elected are the municipal council, the municipal assembly and the parish assembly.

As long as they are registered in the electoral register:

Portuguese voting citizens, as well as Brazilian citizens with equal political rights;

Voting citizens of member states of the European Union, when the same rights are legally enjoyed by Portuguese citizens in their State of origin;

Voting citizens from Portuguese-speaking countries who have resided in Portugal for more than 4 years, when the same rights are legally enjoyed by Portuguese citizens in their respective State of origin;

Voting citizens with legal residence in Portugal for more than 5 years, as long as they are nationals of countries that, under conditions of reciprocity, grant passive electoral capacity to Portuguese residents there.

The Government publishes in the Official Gazette the list of countries whose citizens have passive electoral capacity recognized - Declaration no. 29/2021, of March 17, 2021 (MNE/MAI Joint Declaration published in the “Diário da República”, of March 25th, which establishes that they have passive electoral capacity in elections for local government bodies:

a) Member States of the European Union;

b) Brazil and Cape Verde;

c) United Kingdom.

(Article 5, of the Electoral Law of Local Government Bodies)

No. The following cannot be candidates for local authority bodies:

The President of the Republic;
The Ombudsman;
The judges of the Constitutional Court and the Court of Auditors;
The Attorney General of the Republic;
Judicial magistrates and the Public Prosecutor's Office;
Members of the Superior Council of the Judiciary, the Superior Council of the Public Prosecutor's Office, the National Elections Commission and the High Authority for Social Communication;
Military personnel and agents of militarized forces of permanent staff, in effective service, as well as agents of services and security forces, while providing active service;
The inspector general and deputy inspectors general of Finance, the inspector general and deputy inspectors general of Territorial Administration and the director general and deputy directors general of the Court of Auditors;
The secretary of the National Elections Commission;
The secretary general and deputy secretary general of the Electoral Administration of the General Secretariat of the Ministry of Internal Affairs;
The Director General of Taxes;
Bankrupt and insolvent individuals, unless rehabilitated;
Foreign voting citizens who, as a result of a decision in accordance with the law of their State of origin, have been deprived of the right to active or passive suffrage.

The following cannot yet be candidates for local authority bodies in the electoral districts where they exercise functions or jurisdiction:

Finance directors and heads of finance departments;
Justice secretaries;
Ministers of any religion or cult;
Employees of local authority bodies or entities constituted by them or in which they hold a majority position, who perform management functions, except in the case of mandatory suspension of functions from the date of submission of the candidate list in which they are included;

The following are also not eligible for the local authority bodies in question:

Concessionaires or service concession petitioners from the respective municipality;
Debtors in arrears of the local authority in question and their respective guarantors;
Members of corporate bodies, managers and industry or capital partners of commercial or civil companies, as well as independent professionals in isolated practice or in an irregular company who provide services or have a contract with the authority that is not fully fulfilled or not executed continued, unless they cease until the moment the application is submitted.

(Articles 6 and 7, of the Electoral Law of Local Government Bodies)

Yes, to do this you must be registered in the electoral register and be a citizen of a country that appears on the list that the Government publishes in the “Diário da República” where passive electoral capacity is recognized.

Yes, when submitting your application you must submit a formal declaration, specifying:

nationality and habitual residence in Portuguese territory;
last residence in the State of origin;
the non-deprivation of passive electoral capacity in the State of origin.

If the candidate is not a national of a member state of the European Union, they must present a residence permit proving residence in Portugal for more than 4 years (if they are a national of a Portuguese-speaking country) or for more than 5 years (if they are of a country that, under conditions of reciprocity, attributes passive electoral capacity).

(Articles 5 and 24, of Electoral Law of Local Government Bodies and Declaration no. 29/2021, of March 17, 2021 – Joint MNE/MAI Declaration published in the “Diário da República”, of March 25th)

No, to be a candidate you just have to be registered in the electoral register anywhere in the national territory.

(Article 5, of the Electoral Law of Local Government Bodies)

No. No citizen can run for representative bodies of territorially integrated local authorities in different municipalities.

(Article 7, no. 3, of the Electoral Law of Local Government Bodies)

No. No citizen can simultaneously run for more than one parish assembly within the same municipality. (Article 7, no. 3, of the Electoral Law of Local Government Bodies)

Yes. You can run simultaneously for the City Council and the Municipal Assembly of the same municipality, as long as the lists are presented by the same party, coalition or group of citizens.

After the election and if you are elected in both bodies, you will have to choose to exercise functions in the municipal council (exclusively, because it is incompatible with the exercise of functions in the other body) or to exercise functions in the parish assembly. (Articles 7.º no. 3 and 221.º, of the Electoral Law of Local Government Bodies)

No. No one can be a candidate simultaneously on lists presented by different parties, coalitions or groups of citizens.

(Article 16.º no. 6, of Electoral Law of Local Government Bodies)

You must appear as the 1st candidate on a candidate list for the Parish Assembly, and be elected, since the President of the Board is the citizen who heads the list with the most votes in the election of that body.

(art. 24, of Law no. 169/99, of September 18th)

Any candidate may withdraw from their candidacy up to 48 hours before election day, by means of a declaration signed by them with a notarised signature, whilst maintaining the validity of the list. (Article 36, no. 3, of the Electoral Law of Local Government Bodies)

Members of polling stations must be registered in the parish, or failing that, registered in the respective municipality, where they perform their duties.

(Article 75, of the Electoral Law of Local Government Bodies)

The panel members are appointed by agreement between the representatives of the candidates present at a meeting held for this purpose at the headquarters of the respective parish council or, in the absence of agreement, by drawing lots to be held at the town hall by the mayor.

(Article 77, of the Electoral Law of Local Government Bodies)

Yes, candidates can be members of the tables, except when they are subject to the duties of neutrality and impartiality, namely when they are members of State bodies, Autonomous Regions or local authorities, with the duty to refrain from carrying out any acts that favor or harm one candidacy to the detriment or advantage of another or others and, the duty to ensure equal treatment and impartiality in any intervention in electoral procedures.

(Article 41, no. 1, of the Electoral Law of Local Government Bodies)

You can register with the electoral agents exchange, at your city council or parish council, or on the platform provided by the SGMAI Electoral Administration at https://www.portaldoeleitor.pt. It should be noted, however, that the use of the pool of electoral agents is only activated when the number of citizens selected in general terms is insufficient, either in the designation phase or on the day of the election itself, to replace absent polling station members.

(Articles 2, 3, 4 and 8, of Law no. 22/99, of April 21st – Law that regulates the creation of electoral agent exchanges)

Performing the duties of a board member, which constitutes a fundamental civic duty, is mandatory, except for reasons of force majeure or just cause.

The justifying reasons for impediment are as follows:

Age over 65 years old;
Illness or physical impossibility proven by the municipal health delegate;
Change of residence to the area of another municipality confirmed by the parish council of the new residence;
Absence abroad, duly proven; and,
Carrying out a professional activity that cannot be postponed, duly proven by a superior.

(Article 80, paragraphs 1 and 3, of Electoral Law of Local Government Bodies)

In this situation, you must communicate to the Mayor of the City Council, immediately and no later than three days before the election, justifying, with justification, the reason for this impossibility.

(Article 80, no. 4, of the Electoral Law of Local Government Bodies)

Yes, panel members have the right to be exempt from professional or teaching activities on election day and the following day. To this end, they must present the respective appointment license and certificate issued and signed by the President of the respective board.

(Article 81, of the Electoral Law of Local Government Bodies)

Proof of the performance of duties as a board member is provided to the employer, through the presentation of the appointment license and a certificate issued and signed by the President of the respective board.

(Article 81, of the Electoral Law of Local Government Bodies)

The members of the tables are given a bonus, exempt from taxation, in a determined amount in accordance with the terms established in article 9 of Law no. 22/99, of April 21st – Law that regulates the creation of scholarships election agents.

No. The law does not cover the exercise of the right to vote in advance on mobility.

Yes, you can vote in advance. To this end, you must address the mayor of the municipality in whose area you are registered, between the 10th and 5th day before the election, expressing your desire to exercise your right to vote in advance.

You must take:

Citizen Card, Identity Card or other identifying document, such as a Driving License or Passport;
Document proving the impediment issued by the superior or employer, or another document that sufficiently proves the impediment.

(Articles 117, no. 1, paragraph g) and 118, of Electoral Law of Local Government Bodies)

Yes, you can vote in advance.

You must request the necessary documentation to vote by the 20th day before the election, by post or electronic means, to the mayor of the municipality in whose area you are registered.

Along with the application you must send:

Copy of Citizen Card, Identity Card or another identifying document, such as Driving License or Passport;
Document proving the impediment issued by the attending physician and confirmed by the management of the hospital establishment.

Until the 17th day before the election, the mayor sends, by post, the necessary documentation to exercise the right to vote and returns the documents that accompanied the request.

Between the 13th and 10th day prior to the election, you must wait for the mayor, or his representative, to appear at the hospital, to exercise your right to vote.

(Articles 117, no. 1, paragraph e) and 119, of Electoral Law of Local Government Bodies)

Yes, you can vote in advance. You must request the necessary documentation to vote by the 20th day before the election, by post or electronic means, to the mayor of the municipality in whose area you are registered.

Along with the application you must send:

Copy of Citizen Card, Identity Card or another identifying document, such as Driving License or Passport;
Document proving the impediment issued by the director of the prison establishment.

Until the 17th day before the election, the mayor sends, by post, the necessary documentation to exercise the right to vote and returns the documents that accompanied the request.

Between the 13th and 10th day before the election, you must wait for the president of the municipal council, or his representative, to appear at the prison, to exercise your right to vote.

(Articles 117, no. 1, paragraph f) and 119, of Electoral Law of Local Government Bodies)

No. This reason (holidays) is not included in the law as a justifying reason for exercising the right to vote in advance.

No. This law does not cover the exercise of the right to vote in advance abroad.

The voter, before the polling station, must indicate his name, identifying himself with his identification document or residence permit, or failing that, a document that contains an updated photograph and that is usually used for identification.

(Article 115, paragraphs 1 and 2, of the Electoral Law of Local Government Bodies)

You can vote with the unanimous recognition of the panel members.

(Article 115, no. 2, of the Electoral Law of Local Government Bodies)

Yes, representatives of competing candidates have the right to attend, without voting, the general tabulation work, as well as to present complaints, protests or counter-protests.

(Article 143, of the Electoral Law of Local Government Bodies)

Foreign citizens residing in Portugal

ELECTORAL REGISTRATION

VOTING RIGHT

APPLICATIONS

TABLE MEMBERS

EARLY VOTE

VOTING AND COLLECTION

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