Home > 2.1.2 Executive bodies > NETHERLANDS - Elections Act
 
 
 
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Section W1
 

  1. If a vacancy must be filled other than pursuant to the determination of an election result, the chairperson of the central electoral committee shall declare in a reasoned decision, no later than the fourteenth day after the vacancy has come to his attention, the appointment of the eligible candidate who was placed highest in the order referred to in section P 19 on the list containing the person who must be replaced. If the member whose place must be filled ceased to hold office with effect from a particular date, the time limit referred to in the first sentence shall start on that date.


 



  1. If a place which was filled by the application of section P 16, subsection 2, falls vacant, the chairperson of the central electoral committee shall declare, notwithstanding subsection 1, the appointment of the eligible candidate on a list from which a seat was withheld pursuant to section P 16, subsection 2.


 



  1. If the list referred to in subsection 1 forms part of a group of lists and candidates who appear on one or more lists or sets of identical lists of that group have obtained, on the joint lists on which they appear, a number of votes exceeding 25% of the electoral quota but have not been elected pursuant to section P 15, the chairperson of the central electoral committee shall declare, notwithstanding subsection 1, the appointment of whichever of these candidates obtained the highest number of votes.


 



  1. In the case of the replacement of a member of the Senate or of a municipal council with fewer than nineteen seats, the figure taken into account for the purposes of subsection 3 shall be not 25% but half of the electoral quota.


 



  1. If a vacancy occurs in respect of a place which had been filled pursuant to subsection 3, and subsection 3 may not be applied anew, the chairperson of the central electoral committee shall declare the appointment of the eligible candidate on a list from which a seat was withheld pursuant to subsection 3.


 



  1. A model shall be established by ministerial order for the decision of the chairperson of the central electoral committee appointing a member of a representative assembly necessitated by:


(a) the non-acceptance of an appointment by a candidate;


(b) the non-admission of a candidate, or


(c) the occurrence of a vacancy in the assembly.