Running electoral registration - England

How should an elector with dual nationality be registered?

Some applicants may have more than one nationality. You should always process an application in accordance with the nationality that provides the higher level of franchise.

For example, an application stating that the applicant is a dual German and British citizen should be registered as a British citizen, as this gives them the wider franchise.

Applicants who state in their application that they have dual nationality as an EU19 citizen and another citizenship which is not:

• British
• Irish
• Commonwealth
• EU5 1  

must answer a historical citizenship question. Applicants with dual nationality where both their nationalities are EU19, (e.g. French/German) must confirm whether they have held their EU19 citizenship since on or before 31 December 2020 which is the Implementation Period Commencement Date (IPCD). 

Where the applicant applies using a paper form the ERO will need to write out and ask the elector the question. Applications made online will automatically be asked the question as part of the online journey.

If the applicant answers that they held their EU19 citizenship on or before 31 December 2020 they meet the retained rights eligibility criteria and they are eligible to register and vote in local government and PCC elections and the register should include a B marker. 

If the applicant answers that they obtained their EU19 citizenship after the 31 December 2020 they are not eligible to register.

When writing to the elector to request an answer to the historical citizenship question you should wait for a reasonable period of time after contacting an applicant for them to supply the answer. After that period of time has elapsed, you should write to the applicant to let them know that as they have not responded you have determined them as ineligible to register.

While a reasonable period of time is not defined in legislation, in our view this should be no longer than 28 days. Where there is an election or petition due to take place you should ensure you notify the applicant of the deadline to supply the information to enable the application to be processed for that relevant election or petition.

Where an application is made by a resident who is ineligible to register (for example, a US citizen), their application must be disallowed2  and a notice must be sent to the applicant.3  This notice should make it clear that the application failed the nationality qualification and what steps should be taken should they also hold an eligible nationality. If an applicant does also hold a nationality that would entitle them to register, they can make a new application to register which should include details of all nationalities held.