Home > 4 Types of elections > NETHERLANDS – Elections Act 2013 (as of 2025)
 
 
 
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Article W 1
 

[Amendment(s) without an effective date present. See the overview of changes]


• 1. When, other than upon the determination of the election results, a vacancy must be filled, the chairperson of the central electoral committee shall declare, in a reasoned decision, no later than fourteen days after becoming aware of the decision, that the eligible candidate has been appointed who, in the order referred to in Article P 19 or Article U 15, paragraph 2, is ranked highest on the list on which the person to be replaced was elected. If the member whose place must be filled has resigned with effect from a specific date, the term referred to in the first sentence shall commence on that date.


• 2. If a vacancy arises that was filled pursuant to Article P 16, paragraph 2, the chairperson of the central electoral committee shall, by way of exception to the first paragraph, declare that the eligible candidate has been appointed on the list from which a seat was withheld pursuant to Article P 16, paragraph 2.


• 3. If the list referred to in the first paragraph is part of a group of lists and one or more other lists or sets of identical lists of that group contain candidates who, on the joint lists on which they appear, received a number of votes exceeding 25% of the electoral quota, but who were not elected pursuant to Article P 15, the chairperson of the central electoral committee shall, by way of exception to the first paragraph, declare the appointment of the candidate among these candidates who received the largest number of votes.


• 4. If the appointment concerns the succession of a member of a municipal council with fewer than nineteen seats, half of the electoral quota will be taken into account instead of 25% of the electoral quota when applying the third paragraph.


• 5. If a vacancy arises that would have been filled pursuant to the third paragraph and that paragraph does not need to be reapplied, the chairperson of the central electoral committee shall declare the appointment of the eligible candidate on the list from which a seat was denied pursuant to the third paragraph.


• 6. A ministerial regulation shall establish a model for the decision of the chairperson of the central electoral committee to appoint a member of a representative body, which becomes necessary due to:


o a. the non-acceptance of the appointment by a candidate;


o b. the refusal to admit a candidate as a member, or


o c. the vacancy of a position in that body.