STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
40. In 1953, section 1(1) set out:
“Any person who is a Danish national, is of the age to qualify for suffrage, as
provided for in subsection (2) hereof, and has a permanent home in the realm shall
have the right to vote in general elections unless he or she:[...]
(b) is barred from managing his or her property owing to a declaration of legal
incompetence.”
41. In 1965, section 1(1) set out:
“Any person who is a Danish national, has attained the age of 21 and has a
permanent home in the realm shall have the right to vote in general elections unless he
or she has been declared legally incompetent.”
42. In 1997, section 1 set out:
“Any person who is a Danish national, has attained the age of 18 and has a
permanent home in the realm shall have the right to vote in general elections unless he
or she is subject to guardianship combined with deprivation of legal capacity under
section 6 of the Guardianship Act.”
43. In 2019, section 1, set out:
“Any person who is a Danish national, has attained the age of 18 and has a
permanent home in the realm shall have the right to vote in general elections unless he
or she is legally incompetent.”
44. The 1849 Elections Act of 16 June 1849 implemented section 35 of
the Constitution, under which the right to vote was subject to “the right to
manage one’s own property”. It followed from section 5 of the Elections
Act that persons “subject to guardianship” did not have the right to vote.
According to A.F. Krieger, the reason for the different wordings used was
that the words used in the Constitution could have “a more specific
meaning” (see the Report on the Parliamentary Debate, vol. 2, column
3407).
45. In connection with the 1915 amendment to the Constitution, the
provision of the Elections Act on suffrage was worded to render it identical
with the wording of the constitutional provision on suffrage, as enacted (see
Act no. 142 of 10 May 1915).
46. The rules on elections to the Rigsdagen, the former parliamentary
assembly, were replaced by the Parliamentary Elections Act (Act no. 171 of
31 March 1953) – in connection with the 1953 amendment to the
Constitution, by which the Rigsdagen was replaced by the Folketinget as the
Danish parliamentary assembly. By the enactment of the Parliamentary
Elections Act, “bankruptcy” was omitted from the provisions regarding
disenfranchisement, as bankruptcy should no longer lead to
disenfranchisement, according to the findings of the 1946 Commission on
the Constitution (see the explanatory notes to section 1 of the Parliamentary
Elections Act provided in Report No. 74 of 2 February 1953 of the
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