Constitution of the Kingdom of the Netherlands (2008) (excerpts related to elections) (English)
The Constitution of the Kingdom of the Netherlands
(excerpts)
[...]
Article 4
Every Dutch national shall have an equal right to elect the members of the
general representative bodies and to stand for election as a member of
those bodies, subject to the limitations and exceptions prescribed by Act of
Parliament.
[...]
Article 52
1. The duration of both Houses shall be four years.
2. The duration of the Upper House shall be amended accordingly if the
duration of the provincial councils (provinciale staten) is altered by Act of
Parliament to a term other than four years.
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.
2. Elections shall be by secret ballot.
Article 54
1. The members of the Lower House shall be elected directly by 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.
2. Anyone who has committed an offence designated by Act of Parliament
and has been sentenced as a result by a final and conclusive judgment
of a court of law to a custodial sentence of not less than one year and
simultaneously disqualified from voting shall not be entitled to vote.
Article 55
The members of the Upper House shall be chosen by the members of
the provincial councils. The election shall take place not more than three
months after the election of the members of the provincial councils except
in the event of the dissolution of the House.
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.
Article 57
1. No one may be a member of both Houses.
2. A member of the States General may not be a Minister, State Secretary,
member of the Council of State, member of the Court of Audit (Algemene
Rekenkamer), National Ombudsman or Deputy Ombudsman, member
of the Supreme Court, or Procurator General or Advocate General at the
Supreme Court.
3. Notwithstanding the above, a Minister or State Secretary who has
offered to tender his resignation may combine the said office with
membership of the States General until such time as a decision is taken
on such resignation.
4. Other public functions which may not be held simultaneously by a
person who is a member of the States General or of one of the Houses
may be designated by Act of Parliament.
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Article 129
1. The members of provincial and municipal councils shall be directly
elected by Dutch nationals resident in the province or municipality as
the case may be who satisfy the requirements laid down for elections to
the Lower House of the States General. The same conditions apply to
membership.
2. The members shall be elected by proportional representation within
the boundaries to be laid down by Act of Parliament.
3. Articles 53, paragraph 2, and 59 shall apply. Article 57a shall apply
mutatis mutandis.
4. The duration of provincial and municipal councils shall be four years
unless otherwise provided for by Act of Parliament.
5. The positions which may not be held simultaneously with membership
shall be specified by Act of Parliament. The Act may also provide that
obstacles to membership will arise from family ties or marriage and that
the commission of certain acts designated by Act of Parliament may result
in loss of membership.
6. The members shall not be bound by a mandate or instructions when
casting their votes.
Article 130
The right to elect members of a municipal council and the right to be a
member of a municipal council may be granted by Act of Parliament to
residents who are not Dutch nationals provided they fulfil at least the
requirements applicable to residents who are Dutch nationals.
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