Residency requirement may be dropped for local election candidates in Estonia

The Reform Party wants to amend the law to allow Estonian citizens to run in local government council elections even if their permanent residence is not located in the respective municipality.
The Reform Party has drafted a bill that would allow Estonian citizens to run for election to local government councils even if their permanent residence is not located within the municipality in question.
"This is a candidate eligibility restriction stipulated by law. The Constitution does not require a person running for a council seat to permanently reside in the local government territory," states the explanatory memorandum accompanying the bill.
The bill aims to give Estonian and European Union citizens living permanently in Estonia the opportunity to run for a local council in a municipality of their choice, even if their permanent address is registered elsewhere.
As an example, the Reform Party pointed to the Setomaa municipal council. Under the proposed amendment, Setos whose permanent residence is not in Setomaa could still run for office there if they wish to take part in the local political process.
However, under the Constitution, the right to vote remains reserved for those who are at least 16 years old and have a permanent residence in the municipality.
Reform Party MP Anti Haugas, who has taken the lead on the bill, confirmed that the initiative is not solely driven by his party — other parliamentary groups also support the proposed change.

"Almost all parties have communicated and discussed among themselves that such a legislative amendment should be made. Whether we actually follow through depends on whether there's a shared will among all parties. If that consensus doesn't exist, the bill won't move forward. I personally support it, and from what I've heard, most others agree that it should be done," Haugas said.
He also emphasized that, ultimately, it is up to voters to decide whom they want to represent them. If an unknown candidate runs for office, they likely won't be elected, he added.
"Estonia is a small country and we have many people with multiple residences. Many contribute significantly to certain areas for emotional, familial or community reasons and want to run for office there. Still, the place where they sleep at night might not be within that municipality. I think most parties in the Riigikogu would agree that it's not right to require a person to falsely register their residence just to run. This solves the problem of submitting inaccurate residence data to the state. Ultimately, it's a matter of residence data, and it's the voters who make the final decision," Haugas affirmed.
He also said the bill should have been introduced a long time ago but believes there is still time to handle it six months before the next local elections.
"If we don't submit it soon, things might get rushed and could breach good legislative practice. I also think it should have been done earlier. It hasn't been the most urgent matter of state. Right now is the last moment to act, and since I've been involved in local government politics for a long time, I've taken the lead on this within the Reform Party," the MP explained.
"But this is an issue for all parties. Since there's been interest, I've also taken it upon myself to speak with people and find out whether there's a shared understanding and desire across the board," he added.
Haugas also revealed that the bill would be submitted on Wednesday or Thursday. If for some reason that doesn't happen this week, they will reassess whether there's any real need to rush it.
"My understanding is that there is broad support. If not, then it's questionable whether this is something we need to pursue. I don't think this should become a bill that stirs political confrontation," said Haugas.
Center Party MP Lauri Laats told ERR that while his party has not yet reviewed the draft bill, they are aware of it.
"Every local election cycle — before and after — there are always debates about whether the elected council members actually live in the municipality. As of now, this requirement is clearly set out in law. But we also know of cases where a person was born in a municipality, has contributed greatly to it, and even though they don't currently live there, they still remain emotionally invested. I think this law definitely needs to be revisited and we'll form our final position after reviewing the document," said Laats.
In his view, the proposed change may not impact smaller communities where voters tend to choose familiar faces, but it could have greater effects in the capital and other larger municipalities.
"In small places, so-called outsiders probably won't be welcomed just like that. If someone moves in, people will want to know who they are. And if the person wants to become politically active, the community will likely form an opinion — whether to support them or not. I don't think the bill will change the political landscape in small towns, but it will definitely affect big cities. We need to look at this in terms of overall democracy and keep in mind the local people's sense of ownership and sentiment," said Laats.

He also believes the amendment won't really affect everyday people but must be dealt with on a political level and clearly communicated to the community.
However, Laats criticized the timing, saying the bill has come too late. "This is certainly not good legislative practice. It should have been introduced much earlier," he said in conclusion.
In February this year, the Tartu Circuit Court ruled that candidates in local elections must actually live in the constituency where they are running, and that municipalities are responsible for verifying the authenticity of a candidate's residence.
Recently, the ETV program "Pealtnägija" reported that although Estonia has its share of so-called "nomadic candidates," enforcing the court's decision is proving extremely difficult.
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Editor: Marcus Turovski