Who has to vote in Peru, and who is allowed to?
Voting is mandatory for Peruvian citizens up to age 70 and optional after that. You vote only with your DNI. Law 28859 says Peruvians abroad are not fined for not voting. Foreigners with more than two continuous years of residence can vote in municipal elections if they are registered.
VerificationPartly verifiedSee the sources ↓
- 9sources cited
- 9read at the official source
- 5official institutions
Constitutional Court · JNE · Peruvian State portal (gob.pe) · Congress of Peru · Migraciones
Checked 11 Oct 2026Next review 11 Jan 2027
What is still unverifiedWe read the Organic Elections Law (Law 26859) in the text published by the Jurado Nacional de Elecciones (JNE), which notes amendments up to Law 32299 (11 April 2025). We did not check whether later laws, such as Law 32462 (October 2025), changed articles 7, 9 or 10. We read the Municipal Elections Law (Law 26864) in its original 1997 text on Congress's website: we did not confirm whether its article 7 was amended later. We take its publication date (14 October 1997) from the El Peruano masthead reproduced in the PDF of the law on leyes.congreso.gob.pe. Nor did we confirm in El Peruano the publication dates of Law 28859 and Law 26574: the dates we show (3 August 2006 and 11 January 1996) may be the promulgation dates. We did not verify whether foreign residents can also vote in regional elections, nor the current requirements and deadlines of Reniec's registry of foreign voters. On Peruvians abroad, this site's electoral fines page notes that the JNE's text of the Organic Elections Law still says in article 240 that they must pay the fine, contrary to article 4 of Law 28859; we did not read that article 240 ourselves. We read the Constitution in the Constitutional Court's text (2021); Congress's official list of constitutional reforms, checked up to Law 32265 (March 2025), shows no change to articles 30, 31 and 33 after Law 28480 (2005), and lists no reform from 2026.
Who votes and who must
The Constitution says citizens are Peruvians over 18, and that exercising citizenship requires electoral registration (article 30). Article 31 gives the right to vote to citizens with full civil capacity who are registered, and sets the core rule: the vote is «personal, igual, libre, secreto y obligatorio hasta los setenta años. Es facultativo después de esa edad» (personal, equal, free, secret and mandatory up to age seventy; optional after that age).
The Organic Elections Law (Ley Orgánica de Elecciones, LOE) repeats the rule: Peruvian citizens with civil rights in force «están obligados a votar» (are obliged to vote), and for those over 70 voting is optional (article 9). It also says you vote only with your DNI (article 7).
| Who | Can vote? | Must vote? | Basis |
|---|---|---|---|
| Peruvian aged 18 to 70 | Yes | Yes | Constitution, arts. 30 and 31; LOE, art. 9 |
| Peruvian over 70 | Yes | No: voting is optional | Constitution, art. 31; LOE, art. 9 |
| Peruvian living abroad | Yes | The LOE makes no exception, but Law 28859 says they are not fined for not voting | LOE, art. 9; Law 28859, art. 4 |
| Naturalized Peruvian or Peruvian by option | Yes, in our reading like any citizen | Yes, in our reading | Law 26574, art. 5 |
| Citizen whose citizenship rights are suspended | No | — | Constitution, art. 33; LOE, art. 10 |
| Under 18 | No: not yet a citizen | — | Constitution, art. 30 |
| Foreigner resident more than 2 continuous years, registered | Municipal elections only, except border municipalities | The law says they are «facultados» (entitled) | Law 26864, art. 7 |
Who cannot vote
The Constitution (article 33) and the Organic Elections Law (article 10) suspend citizenship rights in three cases:
- A court order of interdiction.
- A sentence of imprisonment.
- A sentence disqualifying political rights.
All three are court decisions. The norm does not list, for example, unpaid electoral fines as a reason you cannot vote.
Peruvians abroad
Article 9 of the Organic Elections Law makes no exception for people living abroad. But Law 28859 says: «Para los peruanos en el exterior no se les sancionará con multa a la omisión de sufragio» (Peruvians abroad will not be fined for not voting) (article 4). The same law keeps the fine for failing to serve as a polling-station member.
There is a conflict between that law and the text of the Organic Elections Law that the JNE publishes. We explain it, with the amounts, on electoral fines.
Foreigners in municipal elections
The Municipal Elections Law (Ley de Elecciones Municipales) lets foreigners vote and stand in municipal elections if they meet four conditions (article 7):
- They are over 18.
- They have lived in Peru for more than two continuous years before the election.
- It is not a border municipality.
- They are duly registered in the corresponding registry.
On election day they identify with their carné de extranjería. The law uses the word «facultados» (entitled): our reading is that for a foreigner voting is a right, not a duty, but the norm does not say so in those words.
For general elections (president and Congress), our reading is that a foreigner does not vote: the vote belongs to citizens, and citizens are Peruvians over 18. We did not check what the regional elections law says about foreigners.
If you did not vote
Not voting carries a fine that depends on how INEI classifies your district, and Law 28859 (article 5) says «El Jurado Nacional de Elecciones ejerce la cobranza coactiva» (the JNE carries out enforced collection) of those fines. If you had a reason, you can ask for a waiver. It is all on electoral fines. If your DNI has expired or shows an old address, see how to renew your DNI.
How to file
- Check your DNI and addressYou vote only with your DNI, and your polling place depends on the address on it. If you need to renew it or change your address, do it well before the election.
- Over 70? It is your choiceFrom that age voting is optional. You do not need to ask for any waiver to stay home.
- If you did not vote, check for a fineCheck whether you have an electoral fine and, if you had a valid reason, ask for a waiver before collection moves forward.
- Foreigner? Register before municipal electionsYou need more than two continuous years of residence before the election and to be registered in the corresponding registry. On election day you identify with your *carné de extranjería*.
What people fail to ask in time
Drawn as a polling-station member and not sure whether you can be excused?
Find out before it matters →What most people believe — and what the law says
From age 65 I no longer have to vote.
Voting is mandatory up to age 70 and optional after (Constitution, article 31; Organic Elections Law, article 9). Age 65 is something else: one of the excuses for not serving as a polling-station member.
If I live abroad, I get fined for not voting anyway.
Article 4 of Law 28859 says Peruvians abroad are not fined for not voting. There is a fine for failing to serve as a polling-station member. There is a conflict with the text of the Organic Elections Law, explained on the electoral fines page.
Foreigners cannot vote in any Peruvian election.
Law 26864 allows foreigners over 18 with more than two continuous years of residence to vote and stand in municipal elections, except in border municipalities, if they are registered in the corresponding registry.
I can vote with my passport if I lost my DNI.
The Organic Elections Law says the right to vote is exercised only with the DNI (article 7). A foreigner voting in municipal elections identifies with their *carné de extranjería* (Law 26864, article 7).
Frequently asked questions
How much is the fine for not voting?
It depends on how INEI classifies your district. The amounts, how to pay and how to ask for a waiver are on the electoral fines page.
I am a naturalized Peruvian. Can I vote?
The Nationality Law says naturalization and option give the rights and impose the duties of nationality by birth, with the limits set by the Constitution and the laws (article 5). Our reading is that, as a registered citizen over 18, you vote and must vote like any other Peruvian.
Who cannot vote?
People whose citizenship rights are suspended: by a court order of interdiction, by a sentence of imprisonment, or by a sentence disqualifying political rights (Constitution, article 33; Organic Elections Law, article 10). People under 18 do not vote either, because they are not yet citizens (Constitution, article 30).
I am a foreign resident. How do I register to vote in municipal elections?
The law requires you to be «debidamente inscrito en el registro correspondiente» (duly registered in the corresponding registry). The norms we read (Law 26864, article 7) require that registration, but we did not verify who runs the registry or when it opens, nor its current requirements and deadlines. Before each municipal election, confirm with Reniec well in advance.
Can a foreigner vote for president or Congress?
Our reading is no: the Constitution gives the vote to citizens, and citizens are Peruvians over 18 (articles 30 and 31). The only exception we found for foreigners is municipal elections.
The exact law
Constitución Política del PerúArtículo 30read
Constitution — who is a citizen
«Son ciudadanos los peruanos mayores de dieciocho años. Para el ejercicio de la ciudadanía se requiere la inscripción electoral.»
↳Artículo 31 (texto de la Ley 28480)read
Constitution — the right to vote, mandatory up to age seventy
«El voto es personal, igual, libre, secreto y obligatorio hasta los setenta años. Es facultativo después de esa edad.»
↳Artículo 33read
Constitution — suspension of citizenship rights
«El ejercicio de la ciudadanía se suspende:»
Ley N.º 26859Artículo 7read
Organic Elections Law — you vote only with your DNI (JNE text)
«El derecho al voto se ejerce sólo con el Documento Nacional de Identidad, otorgado por el Registro Nacional de Identificación y Estado Civil.»
↳Artículo 9read
Organic Elections Law — the duty to vote (JNE text)
«Los ciudadanos peruanos con derechos civiles vigentes, están obligados a votar. Para los mayores de setenta (70) años el voto es facultativo.»
↳Artículo 10read
Organic Elections Law — suspension of citizenship (JNE text)
«Por sentencia con inhabilitación de los derechos políticos;»
Ley N.º 28859Artículos 4 y 5read
Law reducing fines for not voting — Peruvians abroad (art. 4) and tiered fine and collection (art. 5)
«Para los peruanos en el exterior no se les sancionará con multa a la omisión de sufragio»
Ley N.º 26864Artículo 7read
Municipal Elections Law — foreign residents' vote (original text)
«Los extranjeros mayores de 18 años, residentes por más de dos años continuos previos a la elección, están facultados para elegir y ser elegidos, excepto en las municipalidades de frontera, siempre y cuando estén debidamente inscritos en el registro correspondiente.»
Ley N.º 26574Artículo 5read
Nationality Law — rights of naturalized Peruvians
«La naturalización o la opción confieren los derechos e impone las obligaciones inherentes a la nacionalidad por nacimiento»
Also searched as: until what age is voting mandatory in Peru · do people over 70 have to vote in Peru · do Peruvians living abroad have to vote · can foreigners vote in Peru · who cannot vote in Peru · can I vote with my passport in Peru · can a naturalized Peruvian vote
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What this page already lets you do
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What this page does not give you yetWe read the Organic Elections Law (Law 26859) in the text published by the Jurado Nacional de Elecciones (JNE), which notes amendments up to Law 32299 (11 April 2025). We did not check whether later laws, such as Law 32462 (October 2025), changed articles 7, 9 or 10. We read the Municipal Elections Law (Law 26864) in its original 1997 text on Congress's website: we did not confirm whether its article 7 was amended later. We take its publication date (14 October 1997) from the El Peruano masthead reproduced in the PDF of the law on leyes.congreso.gob.pe. Nor did we confirm in El Peruano the publication dates of Law 28859 and Law 26574: the dates we show (3 August 2006 and 11 January 1996) may be the promulgation dates. We did not verify whether foreign residents can also vote in regional elections, nor the current requirements and deadlines of Reniec's registry of foreign voters. On Peruvians abroad, this site's electoral fines page notes that the JNE's text of the Organic Elections Law still says in article 240 that they must pay the fine, contrary to article 4 of Law 28859; we did not read that article 240 ourselves. We read the Constitution in the Constitutional Court's text (2021); Congress's official list of constitutional reforms, checked up to Law 32265 (March 2025), shows no change to articles 30, 31 and 33 after Law 28480 (2005), and lists no reform from 2026. See the sources ↑