Legislative Framework

Netherlands

LF001

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

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LF003

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

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LF004

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

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LF007

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

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