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Voting rights of prisoners in New Zealand
The voting rights of prisoners in New Zealand have been in a near constant state of flux since the first election in New Zealand. Prisoners have experienced varying degrees of enfranchisement. The present position in New Zealand is that anyone in prison at the time of an election is ineligible to vote, regardless of the length of sentence imposed.〔Electoral Act 1993, s 80(1)(d)〕
== History ==
The New Zealand Constitution Act 1852 set out the requirements for enfranchisement. Prisoners were expressly excluded from registration for voting where they were serving a sentence for "any treason, felony, or infamous offence".〔New Zealand Constitution Act 1852, s 8〕 Prisoners who had completed their sentence were eligible to vote. In 1879, prisoners were further disenfranchised by the Qualification of Electors Act. This Act provided that prisoners who had completed their punishments were not able to register to vote again until 12 months had passed since the end of their sentence.〔Qualification of Electors Act 1879, s 2(4)〕
The enactment of the Electoral Act 1905 again changed the scope of prisoner enfranchisement. This Act removed the 12 month post-imprisonment disqualification period but widened the ambit of what kind of prisoner could be disqualified. Rather than focusing on the kind of crime committed as previous legislation had, this Act looked at the length of sentence being served, so anyone sentenced to death or a year or more was ineligible to vote.〔Electoral Act 1905, s 29(1)〕 The law changed yet again in 1956, removing the one year threshold, disenfranchising all prisoners who happened to be in prison at the time of an election.〔Electoral Act 1956, s 42(1)(b).〕 The trend was very much towards increasing disenfranchisement of prisoners. However, this was reversed briefly with the passage of the Electoral Amendment Act 1975. This amended the 1956 Act and completely removed the provision which took away the right of prisoners to vote.〔Electoral Amendment Act 1975, s 18(2)〕 This change did not last long. By 1977, the law had again reverted to the original 1956 position of complete disenfranchisement for anyone serving a custodial sentence at the time of an election.〔Electoral Amendment Act 1977, s 5〕
In 1993, New Zealand underwent an electoral system overhaul, and as a result, the rights of prisoners were changed again. With the enactment of the Electoral Act 1993, some prisoners were re-enfranchised. This Act only excluded prisoners sentenced to life, preventive detention or a sentence longer than three years from voting.〔Electoral Act 1993, s 80(1)(d)〕 This remained the position until 2010, with the enactment of the current law.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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