Palazzo Madama

Electoral law: Senate gives the go-ahead with 113 votes in favour. Opposition MPs protest in the Chamber: ‘A rigged law’

The bill, which came from the Chamber of Deputies, has been amended by the Senate and is therefore returning to the Chamber of Deputies for a third reading

Al Senato cartelli delle opposizioni poco prima dell'approvazione della legge elettorale. I senatori hanno protestato mostrando cartelli gialli e rossi con la scritta "No alla legge truffa", subito dopo la dichiarazione di voto di Fratelli d'Italia. ANSA/NPK ANSA

6' min read

Translated by AI
Versione italiana

6' min read

Translated by AI
Versione italiana

The Senate has approved the reform of the electoral law with 113 votes in favour, 71 against and 2 abstentions. The bill, which had come from the Chamber of Deputies, was amended by the Senate and will therefore return for a third reading in the Chamber of Deputies. At the end of the explanations of vote, opposition MPs held up placards reading ‘no to the rigged law’.

The vote

The majority groups (Nm-Cd’I, FI, Lega and FdI) voted in favour, whilst the opposition groups (Az, Iv, Pd, M5S and Avs) voted against. As for the regionalist parties, the SVP opted to abstain, whilst Senator Aurora Floridia voted against the motion.

Loading...

The structure of the Act

It is a ‘mixed’ system, that is to say, a proportional system with a majority bonus, a requirement to nominate the Prime Minister, fixed-position list leaders and preferences indicated by ticking boxes on a list of candidates.

What’s new

Among the proposed amendments approved by the Senate majority – with the opposition voting against – a mechanism for three preferences and ‘fixed’ list leaders was introduced in Article 1. The PD’s proposal to provide for ‘pure’ preferences instead was rejected. Another change, also in Article 1, is the amendment to the anti-splinter group rule. The 3 per cent threshold – which had been introduced in the Chamber of Deputies to ensure that votes for a list count towards the calculation triggering the majority bonus – has been removed. The same amendment increases the number of signatures required to stand as a candidate for political parties not represented in Parliament: from a minimum of 6,000 to a maximum of 7,000 signatures per constituency (currently 1,500). Furthermore, the right to vote away from one’s home constituency has been extended to family carers looking after a relative or child in a care facility outside the region. However, following an intense debate within the governing coalition, the proposal to introduce a run-off vote has been shelved: the amendment tabled in the Chamber by Marcello Pera (FdI) has been withdrawn.

Majority bonus

It is fixed, that is to say, it consists of a predetermined number of seats – 70 in the Chamber of Deputies and 35 in the Senate – allocated, in both Chambers, to the winning list or coalition of lists that has obtained at least 42 per cent of the votes in each of the two Chambers. If these conditions are not met – even in just one House – the bonus is not awarded in either House, and the bonus seats are also allocated on a proportional basis.

Locked-in list heads and three preferences

During the Senate’s deliberations, the method for electing candidates in multi-member constituencies was amended. The lists will no longer be ‘fixed’ but will consist of a fixed lead candidate and a list of six candidates from whom voters may choose up to three preferences by ticking the appropriate boxes. As regards the allocation of the bonus, however, parties will have to submit lists at constituency level; in the case of a coalition of lists, these will be the same across the entire coalition. The composition of the so-called ‘listone’ – which is allocated en bloc in the event of winning the majority bonus – is left to internal agreements within the coalitions.

No gender rotation

The gender alternation for lead candidates, as provided for under the current electoral law, the Rosatellum, has been abolished. Only a formal alternation is provided for: candidates, including the lead candidate, are placed in an alternating order by gender. However, as the lists are not fixed, this is a minor adjustment that does not guarantee gender quotas, as the election still takes place in the order of preferences received. The other provision, which stipulates that, across all candidates put forward by each list, neither gender may account for more than 60 per cent, is similarly of a formal nature.

Barrier

The electoral threshold remains at 10 per cent for coalitions of lists and at 3 per cent for individual lists or coalitions of lists, subject to the inclusion, for each coalition of lists, of the first list within the coalition that fell below that threshold.

Statement by the Prime Minister

Political parties must state in their election manifesto the first name and surname of the person nominated for the post of Prime Minister. In the case of a coalition, the nominated person must be the same for all the political parties in the coalition. However, the Prime Minister’s first name and surname do not appear on the ballot paper. Failure to provide the name results, as is already the case for failure to submit a manifesto, in the lists being declared ineligible.

Crackdown on signature collection

During the Senate’s scrutiny, the so-called ‘anti-fragmentation’ rule was abolished; this rule had stipulated that votes cast for affiliated lists which had not passed the 3 per cent threshold and which were not the ‘best loser’ list would not count towards the determination of the national coalition electoral total. For the purposes of allocating the majority bonus, therefore, votes for lists that obtain a result of zero point will also be counted. However, the same amendment stipulates that parties not currently represented in Parliament which intend to stand in the next general election must collect at least 6,000 signatures in each constituency to submit their lists, amounting to approximately 450,000 in total. The transitional provision remains in the text, exempting from the signature collection requirement those parties that form a parliamentary group in at least one of the two chambers as at 31 December 2025, such as Azione, Avs and Noi Moderati. This provision constitutes a derogation from the current law, which, by contrast, exempts only those parties that have had groups in both Houses since the start of the parliamentary term. For those, however, who have a group or a faction in at least one of the two chambers at the time the election is called – for example, Più Europa or Futuro Nazionale with Vannacci – the obligation to collect at least 1,500 signatures per constituency remains.

Loading...

Applications

A candidate on the constituency lists submitted for the allocation of the governability bonus must stand as the lead candidate in at least one of the multi-member constituencies. Candidates may stand in multiple constituencies, subject to a maximum limit of five constituency candidacies.

Overseas constituencies

The number of geographical constituencies for the election of the Chamber of Deputies has been reduced from four to two (Europe and the Americas–Asia–Oceania–Antarctica), and the number for the Senate has been reduced from four to one, known as the Overseas Constituency.

It’s now easier to collect signatures to stand as a candidate abroad

Despite the size of the constituencies – resulting from the consolidation of four into two in the Chamber of Deputies and of two into one in the Senate – the requirement for at least 500 signatures, as laid down by the Tremaglia Law, remains unchanged for each of the sub-districts into which the Overseas Constituency is divided. No signatures are required for parties constituted as parliamentary groups, even if only in one of the two Houses, during the current parliamentary term at the time of the announcement of the elections, nor for political parties and groups which, in the last election, fielded candidates under their own banner and secured at least one seat in one of the two Houses.

Voting for students living away from home

A register of voters residing away from their usual place of residence who are entitled to vote in the municipality of their temporary residence in elections to the Chamber of Deputies and the Senate, to the European Parliament and in referendums shall be drawn up at the electoral office of each municipality. By 31 December of each year, voters who, for reasons of study or work, are temporarily resident in a municipality situated in a region other than that in which their municipality of electoral registration is located, may apply to be included on the register in order to vote in the elections scheduled for the following year in their municipality of temporary residence, provided that the expected duration of their stay there is at least 9 months. Voters who have completed the 9-month period after 31 December may, within thirty days of the date on which the requirements for off-register voting are met and in any event no later than the forty-fifth day preceding the date of the elections, apply to be included on the off-register electoral roll where they are resident. Separate rules apply to voters who are away from their municipality of residence for health reasons. If they are receiving healthcare, therapy or medical treatment in a region other than their region of residence for a period of at least three months, during which the election date falls, they may apply, no later than the 45th day prior to the vote, to be included on the register of voters away from their place of residence in order to vote in the municipality where they are temporarily resident. During the Senate’s scrutiny of the bill, the provisions for sick people were extended to include family carers and the parents or family members living with a minor who is undergoing treatment away from their place of residence.

Copyright reserved ©
Loading...

Brand connect

Loading...

Newsletter

Notizie e approfondimenti sugli avvenimenti politici, economici e finanziari.

Iscriviti