Country
UN Women Region
Electoral system type
Electoral system sub-type
Open list
Type of legislated quotas
Method of filling seats
N/A
Ranking/ placement
Sanctions for non compliance
Lists are rejected
Candidates from the majority sex are removed until compliant; if too few remain, the list is rejected
Quota for input only OR input and output (quota on results as corrective measure)
Date
Quota target (level) in %
33.00
Women's representation in single/lower house in %
32.60
M49 Code
Provisions on gender quotas (Yes/No) - Constitution
Provisions on gender quotas (Yes/No) - Electoral Law
Provisions on gender quotas (Yes/No) - Parity Law
Provisions on gender quotas (Yes/No) - Party Law
M49 Region
Local Level
true
Provisions on gender quotas (Yes/No) - Local Government Law
Legal Source (name) - Local Government Law
Consolidated law on the organization of local authorities, 2000 (amended through 2022); Law on the provisions on the metropolitan cities, provinces, union, and merging of communes, 2014 (amended through 2022)
Legal provisions - Local Government Law
• The municipal and provincial statutes establish rules to ensure conditions of equal opportunity between men and women in accordance with the law of 10 April 1991, n. 125 , and to ((guarantee)) the presence of both sexes in the councils and collegial bodies ((not elective)) of the municipality and province, as well as of the entities, companies and institutions dependent on them. (Law on the organization of local authorities, article 6.3)
• Municipalities with population between 5,000 and 15,000 inhabitants: In the lists of candidates, neither sex can be represented by more than two-thirds of the candidates, with rounding up to the higher unit if the number of candidates of the less represented sex to be included in the list contains a decimal place of less than 50 per cent. Each voter has the right to vote for a candidate for the office of mayor, marking the relevant mark. Each voter may also express a preference vote for a candidate for the office of municipal councillor included in the list linked ot the candidate for the office of mayor chosen, by writing their surname in the appropriate line printed under the same mark. Each voter may express, in the appropriate lines printed under the same mark, one or two preferential votes, writing the surname of no more than two candidates included in the list linked to the candidate for the office of mayor chosen. In the event of two preferences being expressed, voters must select candidates of different sexes on the same list, under penalty of cancellation of the second preference. (Law on the organization of local authorities, article 71)
• Municipalities with a population larger than 15,000 inhabitants: In the lists of candidates, neither sex can be represented in excess of two-thirds, with rounding up to the higher unit if the number of candidates of the less represented sex to be included in the list contains a decimal place less than 50 per cent. The vote for the list is expressed by drawing a mark on the chosen list. Each voter can also express, in the appropriate lines printed under the same mark, one or two preferential votes, writing the surname of no more than two candidates included in the list for which they voted. In the case of expression of two preferences, they must concern candidates of different sexes of the same list, under penalty of cancellation of the second preference. (Law on the organization of local authorities, article 73)
• Note: in the Constitutional Court sentence n. 62/2022, the Italian Constitutional Court has established that the failure to provide for the exclusion, for municipalities with less than 5,000 inhabitants, of the electoral list that does not present candidates of both sexes, is unconstitutional. This has not yet been translated into law.
• In the lists for the election of metropolitan councils, neither of the two sexes can be represented in excess of 60 per cent of the number of candidates, with rounding up to the higher unit if the number of candidates of the less represented sex contains a decimal figure of less than 50 per cent. Otherwise, the electoral office reduces the list, deleting the names of the candidates belonging to the most represented sex, proceeding from the last on the list, in order to ensure compliance with the provision referred to in the first sentence. The list which, following the cancellation of the excess candidates, contains a number of candidates lower than the minimum required is inadmissible. (Law on the provisions on the metropolitan cities, provinces, union and merging of communes, article 27)
• In the lists for the election of provincial councils, neither of the two sexes can be represented in excess of 60 per cent of the number of candidates, with rounding up to the higher unit if the number of candidates of the less represented sex contains a decimal figure of less than 50 per cent. Otherwise, the electoral office reduces the list, deleting the names of the candidates belonging to the most represented sex, proceeding from the last on the list, in order to ensure compliance with the provision referred to in the first sentence. The list which, following the cancellation of the excess candidates, contains a number of candidates lower than the minimum required is inadmissible. (Law on the provisions on the metropolitan cities, provinces, union and merging of communes, article 71)
• In the councils of municipalities with a population greater than 3,000 inhabitants, neither of the two sexes can be represented to an extent lower than 40 percent, with arithmetic rounding. (Law on the provisions on the metropolitan cities, provinces, union and merging of communes, article 137)
• Municipalities with population between 5,000 and 15,000 inhabitants: In the lists of candidates, neither sex can be represented by more than two-thirds of the candidates, with rounding up to the higher unit if the number of candidates of the less represented sex to be included in the list contains a decimal place of less than 50 per cent. Each voter has the right to vote for a candidate for the office of mayor, marking the relevant mark. Each voter may also express a preference vote for a candidate for the office of municipal councillor included in the list linked ot the candidate for the office of mayor chosen, by writing their surname in the appropriate line printed under the same mark. Each voter may express, in the appropriate lines printed under the same mark, one or two preferential votes, writing the surname of no more than two candidates included in the list linked to the candidate for the office of mayor chosen. In the event of two preferences being expressed, voters must select candidates of different sexes on the same list, under penalty of cancellation of the second preference. (Law on the organization of local authorities, article 71)
• Municipalities with a population larger than 15,000 inhabitants: In the lists of candidates, neither sex can be represented in excess of two-thirds, with rounding up to the higher unit if the number of candidates of the less represented sex to be included in the list contains a decimal place less than 50 per cent. The vote for the list is expressed by drawing a mark on the chosen list. Each voter can also express, in the appropriate lines printed under the same mark, one or two preferential votes, writing the surname of no more than two candidates included in the list for which they voted. In the case of expression of two preferences, they must concern candidates of different sexes of the same list, under penalty of cancellation of the second preference. (Law on the organization of local authorities, article 73)
• Note: in the Constitutional Court sentence n. 62/2022, the Italian Constitutional Court has established that the failure to provide for the exclusion, for municipalities with less than 5,000 inhabitants, of the electoral list that does not present candidates of both sexes, is unconstitutional. This has not yet been translated into law.
• In the lists for the election of metropolitan councils, neither of the two sexes can be represented in excess of 60 per cent of the number of candidates, with rounding up to the higher unit if the number of candidates of the less represented sex contains a decimal figure of less than 50 per cent. Otherwise, the electoral office reduces the list, deleting the names of the candidates belonging to the most represented sex, proceeding from the last on the list, in order to ensure compliance with the provision referred to in the first sentence. The list which, following the cancellation of the excess candidates, contains a number of candidates lower than the minimum required is inadmissible. (Law on the provisions on the metropolitan cities, provinces, union and merging of communes, article 27)
• In the lists for the election of provincial councils, neither of the two sexes can be represented in excess of 60 per cent of the number of candidates, with rounding up to the higher unit if the number of candidates of the less represented sex contains a decimal figure of less than 50 per cent. Otherwise, the electoral office reduces the list, deleting the names of the candidates belonging to the most represented sex, proceeding from the last on the list, in order to ensure compliance with the provision referred to in the first sentence. The list which, following the cancellation of the excess candidates, contains a number of candidates lower than the minimum required is inadmissible. (Law on the provisions on the metropolitan cities, provinces, union and merging of communes, article 71)
• In the councils of municipalities with a population greater than 3,000 inhabitants, neither of the two sexes can be represented to an extent lower than 40 percent, with arithmetic rounding. (Law on the provisions on the metropolitan cities, provinces, union and merging of communes, article 137)