On one hand, female representation risks shrinking — and so does representation for Italians living abroad. On the other, there is finally a guaranteed right to vote locally for those living outside their home region, with the extension now covering so-called caregiver — people who look after a dependent person and are therefore unable to travel to vote. The new electoral law just passed by Parliament, which sets the rules for the 2027 general elections, has stirred considerable political controversy (and must still pass scrutiny by the Constitutional Court): here we examine some of the most sensitive points from the perspective of expanding — or restricting — the right to vote (or to representation).

An electoral law that fails to guarantee women's representation

The most troubling aspect of the new electoral law is arguably that of gender parity. Women in Parliament currently account for 33 per cent of the total, already down from 36 per cent in the previous legislature. Under the new electoral law, estimates suggest a further drop to between 15 and 20 per cent. The critical issue lies in the combination of two provisions. An amendment has eliminated the pre-existing 40–60 per cent gender balance at the top of party lists — the positions that are effectively guaranteed, as they are blocked (in each constituency a party may present a list, of which only the first name is automatically elected, ed.). Women can therefore be placed from the second position onwards, where election depends on receiving enough preference votes. In smaller parties, which in many constituencies will elect only the first candidate on the list, competition for lower positions will never even open up. The 40–60 per cent gender balance does remain, however, within the "grand list" linked to the majority bonus, which is triggered for any coalition surpassing 42% and awards 70 seats in the Chamber and 35 in the Senate (this provision will also be examined by the Consulta, which may rule the bonus itself excessive). In theory, this would guarantee 28 women in the Chamber and 14 in the Senate. But if no coalition reaches 42 per cent, the bonus is not triggered and this guarantee disappears entirely. In this extreme scenario — remote but not impossible — it is conceivable that not a single woman would be elected to Parliament.

Students living away from home and caregivers: a step forward

Among the advances introduced by the new law is the provision allowing voters temporarily residing in a region other than their home region — for reasons of study, work or health — to vote in the municipality where they are currently located. This applies to general elections, European elections and both abrogative and constitutional referendums. Until now, this option had been granted on an experimental basis for certain votes, but for instance it had been excluded during the most recent justice referendum: it now finally becomes a permanent fixture.

To access the vote, citizens must register on the out-of-region voters' list held by their municipality, by 31 December for consultations taking place the following year, and must demonstrate at least nine months of residence in the relevant location. Those who become out-of-region residents after that date may apply within thirty days of meeting the requirements, and in any case no later than forty-five days before the vote. The same deadline applies to those living away from home for health reasons.

The novelty within the novelty concerns family caregivers: they too may vote outside their home region if, for at least three months including the date of the vote, they are caring for a person receiving treatment at a healthcare facility located in another region. This right is also extended to parents and cohabiting family members of a minor undergoing therapy outside their home region. There are limitations, however: the scope of the provision, it should be noted, is very narrow — only those caring for a person admitted to a facility are considered caregivers, whereas care is very often provided at home; the benefit applies to parents of minors but not to those caring for an adult with a disability. Finally, bureaucracy weighs heavily: the requirement to register in advance, at a time of widespread voter disengagement, risks discouraging the very people the measure is meant to help.

The cuts to overseas constituencies

The reform also intervenes on the Overseas constituency, which concerns Italians residing abroad (around 4 million eligible voters), who have for several years been able to vote at consulates or by post. For the Chamber, the sub-divisions are reduced from four to two — Europe and non-EU (previously divided into South America; North and Central America; Africa, Asia, Oceania and Antarctica) — and for the Senate from four to a single area. This inevitably penalises Italians living outside Europe, who in many cases will be forced to choose a representative based on a different continent, someone who will find it difficult to fully understand and defend the needs of a territory so far away: one need only imagine, by way of example, an Italian living in South Africa being represented by someone elected in New York.