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Law on Basic Provisions of Elections and Voter Registers (1961)

Article 10 – (Amendment: 17/5/1979 - 2234/1 article)  There is one Higher Election board in Ankara, one District Election Board in each district, and a ballot box committee for each ballot in precincts. (Added sentence: 13/3/2008-5749/1 article) In order to manage the electoral transactions for the citizens abroad, Overseas District Election Board has been constituted associated to Ankara District Election Board. When considered necessary, more than one Overseas District Election Boards may be constituted.

Voting methods of Overseas voters and general principles

Article 94/A – (Addition: 13/3/2008-5749/10 art.) (Changed first clause: 9/5/2012-6304/5 art.)

Supreme Election Council, by taking the opinion of Ministry of Foreign Affairs, determine separately or individually implementation of voting methods either using electronically or at ballots or customs considering the type of elections and conditions of country. In the works and transactions related with voting of voters registered in Overseas electoral roll, informatics infrastructure of Foreign Ministry may be used. Within the framework of methods and principles determined by Supreme Election board, Ministry of Foreign Affairs takes necessary measures for establishment and safety of informatics infrastructure.

In the MP general elections, on the combined ballot papers specially designed and including watermarks of Supreme Election Council, special signs of political parties, their abbreviations and their full names and empty circles with the diameter of 2 cm under the names of political parties exist.

Voters Overseas may vote in MP general elections, President elections and in referendums.

Voters Overseas may only vote for political parties attending to elections.

Propaganda is not allowed Overseas and in foreign representatives.

Voting by letter for Overseas voters

Article 94/B – (Addition: 13/3/2008-5749/10 art.)

Supreme Election board sends Overseas District Election Boards specially manufactured ballot papers and specially colored voting envelopes. Foreign District Election Board, send ballot papers and envelopes which are sealed with its own seal to the registered addresses of voters Overseas seventy five days before the elections. Among the envelopes sent to voters, in the small one carrying the seal of Foreign District Election Board, ballot paper is put in. This envelope is put in middle sized envelope on which “Foreign District Election Board Ankara/TÜRKİYE” is written and this envelope in put in the third envelope on which the foreign registered address of the voter is written. Voter who takes the letter opens the envelope on which his address is written, he marks the part (X) which he prefers in the column of political party, or the part in presidential elections or in referendum, puts the ballot paper in the small envelope and closes the envelope. He puts this envelope inside the envelope on which "Yurt Dışı İlçe Seçim Kurulu Ankara/TÜRKİYE" address is written, closes the envelope and sends it in a way to be arrived to Foreign District Election Board at latest at 17.00 on day of elections. Methods and principles related with sending, safety and determination of identity of letters, are determined by Supreme Election Council by taking opinion of Directorate General of Mail and Telegram Organization. Posting expenses are met by Supreme Election Council. Letters coming to Foreign District Election Board are opened by ballot box committees after determination of identity of voter is determined and marked in the electoral list and the envelope that includes the ballot paper and is thrown n ballot without being opened. Ballot is opened at 17.00 daily by authorized ballot box committees, envelopes are compared with numbers of voters and their convenience are determined. Without being opened, voting envelopes are put in a sealed bag along with minute of proceedings and delivered to Foreign District Election Board by ballot box committees.

Letters which arrive later than 17.00 on election day, are determined in minute book and destroyed by burning. After 17.00 on election day, sacks are opened by Overseas District Board and counting and combining transactions are undertaken and results are sent to Ankara Provincial Election Board. This Board prepares combination minute book and sends it to Supreme Election Council. Number of valid votes used by voters abroad, is added to the number of valid votes in Turkey by Supreme Election board and at nation level the general amount of votes and the amount of votes each party take, are determined. With this method, total number of votes defined in Article 33 of 2839 numbered MP Election Law are found. Total valid votes in each electoral environment are increased at the ratio obtained by dividing of total votes delivered to Ankara Provincial Election Board to votes delivered by other election boards. Difference between total votes used in such electoral environment and votes calculated with this method, are shared among political parties at the ratio of their shares of the votes coming from Ankara Provincial Election Board and numbers obtained are added to the valid votes taken in such electoral environment. Thus, total valid amount of votes and total valid votes of political parties are determined by article 34 of MP Election Board are determined.

On ballot voting of Overseas voters

Article 94/C – (Addition : 13/3/2008-5749/10 art.) (Changed first clause: 9/5/2012-6304/6 art.)

Voters registered to Overseas electoral roll, may use their votes until 17.00 of the seventh day prior to elections within the principles determined by Supreme Election Council in ballots located in foreign representatives and in other ballots located in other places beginning with forty five days prior to election day. Supreme Election board may shorten this period of time, by taking the opinion of Ministry of Foreign Affairs considering the number of voters in such foreign country. Hours of voting is between 08.00-17.00 according to local time. Supreme Election Council, by taking the opinion of Ministry of Foreign Affairs, decides in which Overseas representatives and places voters may use their votes in twenty four hours and in which less considering the conditions of such country and such decision is announced electronically. In case the number of voters is high in such country, each of the voters may vote on the determined day and ballot which are previously decided. (Changed second clause: 9/5/2012-6304/6 art.) Supreme Election Council, by taking the opinion of Ministry of Foreign Affairs, decides in which foreign representatives and places the ballots will be located and from which officials ballot box committees will be composed of. According to this determination, election of president and members of ballot box committee are undertaken by Overseas District Election Board. Ballot box committee is composed of one president, one public servant member and one members delivered by three political parties that have taken the three highest amount of votes in recent general election and reserve members are determined with same method. In case political parties do not deliver names, missing members are filled with public servants or voters. Election of president and members of board is primarily undertaken among public servants and voters of the area where the ballot will be located.

Voting of Overseas voters at custom stations

Article 94/E – (addition: 13/3/2008-5749/10 art.)

Voters registered in Overseas electoral roll, beginning with forty five days prior to elections, until 17.00 on election day, may vote at the ballots that will be located on custom gates (…).

Supreme Election board send specially manufactured ballot papers and envelopes in special colors to related district boards at latest three days prior to election.

At the custom gates which are determined by Supreme Election Council, voting can be exercised from 08.00 on forty fifth day prior to elections to 17.00 on election date. Supreme Election Council is authorized to determine at which gates voting can be exercised for 24 hours including holidays and at which gates in less hours.

Supreme Election Council previously determines numbers of temporary custom gate election board and ballot box committees that will work during election period, numbers of members and reserves and definitions of their missions.

See also:

Turkey: Voting from abroad in 2015 general elections

“Voting from abroad refers to “provisions and procedures which enable some or all electors of a country who are temporarily or permanently outside the country to exercise their voting rights from outside the territory of the country.”  In Turkey, voting for citizens registered as residing abroad was made possible for the first time in 1987 through an amendment of the Law on Elections and Electoral Registers (Law No. 298, 26/4/1961) but citizens could only vote at the polling stations set up at the borders. This did not satisfy the definition of voting from abroad as those residing abroad had to travel to Turkey to cast their votes. 

The Amendment (no. 4121) to Article 67 of the Constitution in 1995 aimed at opening room for new legislation enabling citizens residing abroad to exercise their right to vote from their country of residence. This amendment also gave the external voting right a constitutional basis. The 1995 Amendment (no. 4125) on the election law assigned the task of organising and managing elections abroad to the Supreme Election Board (YSK). Nevertheless, it also stated that if ‘factual or legal obstacles’ were encountered in organising elections abroad, the authorities could resort to setting up polling stations at the borders only. In the four general elections between 1995 and 2007, voting at the border remained the only method, justified with the presence of such legal and factual obstacles. Lawmakers in Turkey considered mail ballots as breaching the secrecy of the vote, whereas setting up polling stations in the emigrants’ countries of residence met objections raised by some of these countries (mainly Germany) which feared political protests and fights between rival political groups. 

The Law on Elections and Electoral Register was amended again in 2008 to enable citizens living abroad to vote in general elections, the election of the president and referenda in Turkey. There were four different methods of voting inscribed in the law: postal voting, voting at the borders, at Turkish representations abroad and electronically. The Constitutional Court of Turkey struck down postal voting as it could violate the secrecy of voting. Before the 2011 general elections, government officials made declarations about ongoing negotiations with Germany to enable voting at the diplomatic representations. However, the Supreme Election Board’s February 2011 decision (no.120) ruled out that possibility for the elections of 2011. The Board referred to the insufficiently prepared infrastructure and the resulting unequal treatment between Turkish citizens in Germany and those residing in other countries if external voting were to be made possible only in Germany. A final amendment (no.6304) to the electoral law from May 2012 regulated methods of external voting (taking out the postal voting option), created an overseas voters’ registry, and defined the tasks of the YSK and the diplomatic representations in the organisation and management of external elections. The first time citizens residing abroad were able to vote in their countries of residence was the August 2014 Presidential elections which took place on 10 August 2014. External voters could either vote at the borders between July 26 and August 10 or in the polling stations set up in their country of residence between 31 July and 3 August 2014.”