Legal opinion on the possibility of participation in local referenda by people without permanent registered residence under Article 3 of the Act on Local Referendum
Based on the analysis of possibility to participate in a local referendum by persons without permanent registered residence, the author points out that, under the current legal framework, the lack of permanent registered residence within the area of a local government in which the local referendum is to be held, is not the reason for depriving them of the right to participate in that referendum. In the opinion, a view is presented that this right belongs to each voter included in a permanent register of voters held by the municipality in which a local referendum is to be held. This register may also contain those persons without permanent registered residence who permanently reside within the area of the municipality. The author claims that, according the Act – Electoral Code, a voter shall be included in the register upon his/her request, by means of a decision of the head of municipality who is obliged to check whether the applicant meets the requirement of permanent residence within the area of the municipality
