Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: "There are no parliamentary constituencies within the country because the entire country is itself one large constituency. For party-political and administrative purposes, however, the country has been divided into nineteen [now, twenty] parliamentary regions (kiekringen), each covering a province or part of a province. Each region has its own election committee. Furthermore, there is a central election committee for all elections."
1. For elections to the House of Representatives, the Netherlands shall be divided into electoral districts in accordance with the table appended to this Act.
2. In the European part of the Netherlands, the electoral districts for elections to the House of Representatives shall also form the electoral districts for elections to the provincial councils. Provincial councils may divide these electoral districts into more electoral districts for an election of their members.
3. For elections to municipal councils, each municipality shall form a single electoral district.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act), Ch. E1.
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
d . Conformity with local jurisdiction boundaries f . Communities of interest/cultural concerns
Comments: The Table referred to in Section E1 of the Elections Act takes the number of the electoral district, the area covered by the electoral district, and the municipality where the principal electoral committee is situated into account.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act), Ch. E, Section E1 and accompanying table.
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2017/03/21
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
g . Other
Comments: The Elections Act, which was signed by the State Secretary of the Interior and the Minister of Justice, is the legislation that determines the electoral districts.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act), Ch. E, Section E1;
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2017/03/21
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
g . Inherited monarchy
Comments: Article 24: "The title to the Throne shall be hereditary and shall vest in the legitimate descendants of King William I, Prince of Orange-Nassau."
Source: Constitution of the Kingdom of Netherlands, Article. 24: https://www.constituteproject.org/constitution/Netherlands_2008?lang=en
Verified: 2022/08/02
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: Article 43: "The Prime Minister and the other Ministers shall be appointed and dismissed by Royal Decree."
Source: Constitution of the Kingdom of Netherlands, Art. 43: https://www.constituteproject.org/constitution/Netherlands_2008?lang=en
Verified: 2022/08/02
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments:
Source: Constitution of the Kingdom of Netherlands, Art. 24; 43: https://www.constituteproject.org/constitution/Netherlands_2008?lang=en
Verified: 2022/08/02
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: Article 51(1): "The States General shall consist of a Lower House (Tweede Kamer) and an Upper House (Eerste Kamer)."
Source: Constitution of the Kingdom of Netherlands, Art. 51: https://www.constituteproject.org/constitution/Netherlands_2008?lang=en
Verified: 2022/08/02
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: Article 53(1): "The members of both Houses shall be elected by proportional representation within the limits to be laid down by Act of Parliament."
Source: Constitution of the Kingdom of Netherlands, Art. 53(1): https://www.constituteproject.org/constitution/Netherlands_2008?lang=en
Verified: 2022/08/02
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments:
Source: The Constitution of the Kingdom of the Netherlands 2018 <https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf> and
Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act) <http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf>
Verified: 2022/08/02
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections e . Other
Comments: Also EU parliamentary elections
Source: The Constitution of the Kingdom of the Netherlands 2018 <https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf> and
Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act) <http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf>
Verified: 2022/08/02
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Members of the House of Representatives of the States General shall be elected by persons who are Dutch nationals on nomination day and have attained the age of eighteen years on polling day, with the exception of persons who have their actual place of residence in the Netherlands Antilles or Aruba on nomination day.
The members of the Second Chamber shall be elected directly by the Dutch nationals who have attained the age of eighteen, with the exception of any Dutch nationals who may be excluded by Act of Parliament by virtue of the fact that they are not resident in the Netherlands.
Source: The Constitution of the Kingdom of the Netherlands 2018, Article 54(1) <https://www.government.nl/binaries/government/documenten/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands/WEB_119406_Grondwet_Koninkrijk_ENG.pdf> and
Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act), Ch. B, Section B1 <http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf>
Verified: 2022/08/02
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary b . EMB
Comments: Complaints can be submitted to the electoral or administrative body dealing with relevant issues. The Administrative Jurisdiction Division of the Council of State (Court) reviews appeals related to voter registration, registration of party names and candidate registration. Except for appeals in candidate registration cases (six days), there are no special expedited deadlines for resolving election-related appeals and, in line with general administrative procedures, they are to be decided within a period of six weeks.
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (9).
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: d) Elections to the European Parliament
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act), Ch. E, Section E11 (2); Ch. S, Section S1 (1); Ch. Y, Section 9 (1)
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: "The Electoral Council is subject to chapter IIb of the national budget, which is managed by the High
Councils of State."
Source: Annual Report Electoral Council 2020 (7)
https://english.kiesraad.nl/publications/annual-reports/2021/03/16/index
Verified: 2022/08/02
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
d . A national government department
Comments: "The ministry of BZK [the Ministry of the Interior and Kingdom Relations] supervises all independent administrative bodies which perform tasks for which the minister shoulders political responsibility."
Source: Annual Report Electoral Council 2020 (7)
https://english.kiesraad.nl/publications/annual-reports/2021/03/16/index
Verified: 2022/08/02
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: Section E8: The appointments referred to in sections E 5, E 6 and E 7 shall last for a term of four calendar years. A person who has been appointed to fill a casual vacancy shall retire on the date on which the person in whose place he was appointed would have had to retire.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): E5-E8
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
c . Mixed
Comments: The Electoral Council has become increasingly independent since its foundation. "The ministry of BZK supervises all independent administrative bodies which perform tasks for which the minister shoulders political responsibility. The special position of the Electoral Council and the associated independence required affect this supervisory relationship. As a central electoral committee, the Electoral Council falls under the aegis of the Framework Act for Non-departmental Public Bodies."
Source: Annual Report Electoral Council 2020 (7): https://english.kiesraad.nl/publications/annual-reports/2021/03/16/index
Official Website of the Electoral Council: https://english.kiesraad.nl/about-us/history-of-the-electoral-council
Verified: 2022/08/02
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: 7 members
Section A2(3): The Electoral Council shall comprise seven members.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): E5-E8
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: "Appointments are made on the basis of expertise in the area of electoral law and elections and on related or relevant areas of policy. Social knowledge and experience also play a role in the appointment of members."
Source: Annual Report Electoral Council 2020 (7): https://english.kiesraad.nl/publications/annual-reports/2021/03/16/index
Verified: 2022/08/02
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State
Comments: The Electoral Council consists of seven members. These members are appointed by Royal Decree for a period of four years, and can be reappointed twice. They are appointed on the basis of their expertise in giving advice on the Election Law and elections.
Source: Official Website of the Electoral Council: https://english.kiesraad.nl/about-us
Verified: 2022/08/02
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body b . Regional Electoral Management Bodies c . Local/County Electoral Management Bodies d . National Government f . Local Governments
Comments: The election management bodies also indicated that they are occupied with...preparing comprehensive and user-friendly voter education campaign on new voting modalities (1). The MoIKR and municipalities will be launching various types of voter information... (4).
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (1,4).
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: "Throughout the year, the Electoral Council acts as an information and knowledge point concerning voting rights and elections for municipalities, provincial courts, political parties, voters and the media. At the time of elections, an Electoral Information Point is set up together with the Ministry of the Interior and Kingdom Relations (BZK)."
Source: Annual Report Electoral Council 2020 (6)
https://english.kiesraad.nl/publications/annual-reports/2021/03/16/index
Verified: 2022/08/02
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body e . Yes, conducted by the Government
Comments: "Throughout the year, the Electoral Council acts as an information and knowledge point concerning voting rights and elections for municipalities, provincial courts, political parties, voters and the media. At the time of elections, an Electoral Information Point is set up together with the Ministry of the Interior and Kingdom Relations (BZK)."
Source: Annual Report Electoral Council 2020 (6)
https://english.kiesraad.nl/publications/annual-reports/2021/03/16/index
Verified: 2022/08/02
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): B1(1)
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: Section B1: 1) Members of the House of Representatives of the States General shall be elected by persons who are Dutch nationals on nomination day and have attained the age of eighteen years on polling day, with the exception of persons who have their actual place of residence in Aruba, Curaçao or St Maarten on nomination day. 2) This exception shall not apply to: (a) Dutch nationals who have been resident in the Netherlands for at least ten years; (b) Dutch nationals who are employed in the Dutch public service in Aruba, Curaçao or St Maarten and their Dutch spouses or partners and children, in so far as they have joint households.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): B1(1)
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments: Section D1(1): The municipal executive shall register the franchise of the residents of the municipality in the municipal records.
Source: OSCE/ODIHR 2012 Needs Assessment Report, sec. C: http://aceproject.org/ero-en/regions/europe/NL/the-netherlands-elections-assessment-mission/at_download/file
Verified: 2022/08/02
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Voter registration is passive and based on extracts of the unified population register maintained by municipalities.
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (5);
https://www.osce.org/files/f/documents/4/0/478501.pdf
Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): B1(1)
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount) f . Other
Comments: Registration of contestants occurs in two stages beginning with the registration of names of contesting political parties with the Electoral Council (EC). Applications with the grouping name and a deposit of EUR 450 must be submitted. Once a contestant has been approved by the EC, candidate lists can be registered along with a deposit of EUR 11,250 paid to the EC and written consent from all the candidates (OSCE 6-7). A list shall be accompanied by written declarations of support for the list from voters, listing the candidates in the same way and in the same order as on the list. In the case of an election to the House of Representatives or to a provincial or municipal council with at least 39 seats to be filled, the minimum number of declarations of support shall be 30; in the case of an election to a municipal council with fewer than 39 but more than 19 seats to be filled, the minimum number of declarations of support shall be 20, and in the case of an election to a municipal council with fewer than 19 seats to be filled the minimum number of declarations of support to be submitted shall be 10 (Section H4(1)).
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (6-7);
https://www.osce.org/files/f/documents/4/0/478501.pdf
Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): Ch. H, Ch. G.
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship
Comments: Article 56: To be eligible for membership of the States General, a person must be a Dutch national, must have attained the age of eighteen years and must not have been disqualified from voting.
Source: The Constitution of the Kingdom of the Netherlands 2018, Article 56.
https://www.government.nl/documents/reports/2019/02/28/the-constitution-of-the-kingdom-of-the-netherlands
Verified: 2022/08/02
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1) d . In legislative elections (Chamber 2)
Comments: Non-registered political groups and individuals can also compete as so-called ‘blank lists’.
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (8);
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: The 2013 Political Finance Act provides for a mixed political finance system, including both public and private financing.
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (8);
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
PC015
Question: What is the basis of the public funding?
Answer(s):
c . Based on current legislative representation
Comments: Parliamentary parties receive public funding in proportion to their representation.
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (8);
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: All parties and candidates may receive unlimited contributions from private individuals and legal entities
Source: Parliamentary parties receive public funding in proportion to their representation.
Verified: 2022/08/02
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Immediately after the packets have been sealed as referred to in section N 2, the ballot box shall be opened.
The ballot papers shall be counted and their number compared with the number of voters who voted.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): Ch. N
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request f . Other
Comments: Section P21(1): At the meeting referred to in section P 20, before the result of the election is announced, the central electoral committee may decide, either ex proprio motu or in response to a reasoned request from one or more voters, to conduct a re-count of the ballot papers from all or from one or more polling stations if there are serious grounds for suspicion that errors in the count that might affect the allocation of seats have been made by one or more polling stations. The mayor who has the relevant ballot papers in his possession shall have them taken immediately to the central electoral committee at the latter’s request.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): Ch. N
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: Parliamentary parties are allocated free airtime in the public media on an annual basis, on an equal approach for all. In addition, during the campaign, parties that submit candidate lists in at least 19 out of 20 electoral districts get additional free airtime, also on an equal basis.
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (9)
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: Television remains the main source of political information, and multiple debates are planned on public and private channels involving all parliamentary parties and other electoral contestants.
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (9)
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
h . Not applicable
Comments: There is no blackout period.
Source:
Verified: 2022/08/02
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments:
Source: OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (9)
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: On Tuesday 10 July 2018, the Senate approved the repeal of the Advisory Referendum Act. Therefore, voters can no longer submit any requests to the Electoral Council for an advisory referendum to be held.
Source: House of Representatives of the Netherlands - Rules of Procedure (2012), Section 20: https://www.houseofrepresentatives.nl/sites/default/files/content/rules_of_procedure_1.pdf
Verified: 2022/08/02
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments: There are no provisions for mandatory referendums in the legislation of the country (IDEA). Proposals for a binding referendum have repeatedly failed in the Netherlands (98-100).
Source: International IDEA Direct Democracy Database: https://www.idea.int/node/301934; T. W. G. van der Meer et al., "The rise and fall of the Dutch referendum law (2015-2018): inititiation, use, and abolition of the corrective, citizen-initiated, and non-binding referendum," 27 August 202
Verified: 2022/08/02
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments: Legal provisions for Optional Referendum were repealed in 2018.
Source: Wet raadgevend referendum: https://wetten.overheid.nl/BWBR0036443/2015-07-01
Verified: 2022/08/02
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments: There are no provisions for citizens' initiatives in the legislation of the country (IDEA). What did exist between 2015 and 2018 was an Agenda Initiative, not a Citizen's Initiative.
Source: International IDEA Direct Democracy Database: https://www.idea.int/node/301934;
T. W. G. van der Meer et al., "The rise and fall of the Dutch referendum law (2015-2018): inititiation, use, and abolition of the corrective, citizen-initiated, and non-binding referendum," 27 August 2020.
Verified: 2022/08/02
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: Agenda Initiatives are handled by a parliamentary committee of the Lower House, called the committee for Petitions and Citizen's Initiatives. The code for this committee, along with the Rules of Procedure for the House of Representatives of the Netherlands, regulates agenda initiatives.
Source: House of Representatives of the Netherlands - Rules of Procedure (2012), Section 20: https://www.houseofrepresentatives.nl/sites/default/files/content/rules_of_procedure_1.pdf
Verified: 2022/08/02
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: There are no provisions for recall initiatives in the legislation of the country.
Source: International IDEA Direct Democracy Database: https://www.idea.int/node/301936
Verified: 2022/08/02
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
e . Not applicable
Comments: While the Advisory Referendum Act was in place, referenda results were never binding.
Source: Wet raadgevend referendum: https://wetten.overheid.nl/BWBR0036443/2015-07-01
Verified: 2022/08/02
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
e . Not applicable
Comments: While the Advisory Referendum Act was in place, only issues other than constitutional changes were voted upon.
Source: Wet raadgevend referendum: https://wetten.overheid.nl/BWBR0036443/2015-07-01
Verified: 2022/08/02
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
d . Not applicable
Comments: Three provinces (out of a total of 12) currently have legislation that provide for referenda. Only 41 out of 408 local authorities / municipalities have local legislation on referendums. The referendum regulations of the municipality of Halderberge are cited here as an example. All local authorities have provisions for agenda initiatives.
Source: Referendum Regulation for the Province of Limburg: http://www.limburg.nl/dsresource?objectid=21795&type=org&highlight=Referendumverordening; Referendum Regulation for the Province of North Holland: http://decentrale.regelgeving.overheid.nl/cvdr/XHTMLoutput/Actueel/Noord-Holland/83192.html; Referendum Regulation ofr the Province of Friesland: http://www.fryslan.nl/8154/referendumverordening-fryslan-2005/; Regulation on the Consultative Referendum: http://decentrale.regelgeving.overheid.nl/cvdr/xhtmloutput/Historie/Halderberge/31687/31687_1.htm
Verified: 2022/08/02
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
b . At any polling station in the same voting district c . At any polling station in the same country e . At mobile polling stations f . By mail h . By proxy
Comments: b, c): A voter can vote in any polling station of the municipality where she or he is registered, but may also request to vote at any other location in the country. e) A municipal executive may designate mobile polling stations in its municipality. f) Citizens residing abroad may request a postal ballot. h) All voters, including those residing abroad, may appoint a proxy to vote on their behalf if they are unable to be present at a polling station.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): B6, J4a, J5, M, L, K;
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (6)
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country g . Other
Comments: In an election to the House of Representatives, a voter who has his actual place of residence outside the Netherlands on nomination day or who will be outside the Netherlands on polling day on account of his profession or work or on account of the profession or work of his spouse, partner or parent, shall, at his request, be allowed to vote by post in accordance with the provisions of this chapter.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): B6, J4a, J5, M, L, K;
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
Verified: 2022/08/02
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
d . By proxy e . By mail
Comments: All voters, including those residing abroad, may appoint a proxy to vote on their behalf if they are unable to be present at a polling station. Citizens residing abroad may request a postal ballot.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): B6, J4a, J5, M, L, K;
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (6)
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Overseas voters have the option of downloading their postal ballot electronically but have to mark and cast the ballots in hard copy.
Source: Act of 28 September 1989 containing new provisions governing the franchise and elections (Elections Act): B6, J4a, J5, M, L, K;
http://hrlibrary.umn.edu/research/Netherlands/Netherlands_Elections%20Act_1989am2009.pdf
OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (6)
https://www.osce.org/files/f/documents/4/0/478501.pdf
Verified: 2022/08/02
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