Artikel 129: Election of members of provincial and municipal councils; term of office; incompatibilities; voting without mandate
- 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.
- The members shall be elected by proportional representation within the boundaries to be laid down by Act of Parliament.
- Articles 53, paragraph 2, and 59 shall apply. Article 57a shall apply mutatis mutandis.
- The duration of provincial and municipal councils shall be four years unless otherwise provided for by Act of Parliament.
- 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.
- The members shall not be bound by a mandate or instructions when casting their votes.
Explanation
Please note: Only the Dutch-language version of the Constitution has legal effect.
The requirements for active and passive voting rights for the Provincial Council and the municipal council are the same as those for the House of Representatives. However, an additional condition applies: the eligible voter must reside in the relevant province or municipality.
The Provincial Council and the municipal council are elected every four years on the basis of proportional representation. Temporary replacement due to pregnancy is possible.
The (Electoral) Act sets out the conditions for membership of the Provincial Council and the municipal council. For instance, the Act stipulates that marriage or kinship may be grounds for the loss of membership.