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The Netherlands Office for Democratic Institutions and Human Rights THE NETHERLANDS EARLY PARLIAMENTARY ELECTIONS 9 June 2010 OSCE/ODIHR Election Assessment Mission Report Warsaw 9 September 2010 TABLE OF CONTENTS I. EXECUTIVE SUMMARY........................................................................................................................ 1 II. INTRODUCTION AND ACKNOWLEDGMENTS ............................................................................... 2 III. BACKGROUND......................................................................................................................................... 3 IV. ELECTORAL SYSTEM ........................................................................................................................... 4 A. OVERVIEW ............................................................................................................................................... 4 B. SEAT ALLOCATION .................................................................................................................................. 4 V. LEGAL FRAMEWORK ........................................................................................................................... 5 A. OVERVIEW ............................................................................................................................................... 5 B. RECENT AMENDMENTS TO THE ELECTORAL FRAMEWORK .................................................................. 5 C. RIGHT TO VOTE ....................................................................................................................................... 6 D. PROXY VOTING ........................................................................................................................................ 7 E. OUT -OF -COUNTRY VOTING ..................................................................................................................... 9 F. ADMISSION OF ELECTED CANDIDATES TO THE HOUSE.......................................................................... 9 G. RESOLUTION OF ELECTORAL DISPUTES ................................................................................................10 VI. ELECTION ADMINISTRATION...........................................................................................................11 A. OVERVIEW ..............................................................................................................................................11 B. VOTER REGISTRATION ...........................................................................................................................13 C. VOTER IDENTIFICATION .........................................................................................................................13 D. REGISTRATION OF PARTIES AND CANDIDATE LISTS .............................................................................14 E. REVIEW AND CANCELLATION OF ELECTRONIC VOTING ......................................................................15 VII. CAMPAIGN ENVIRONMENT...............................................................................................................17 VIII. CAMPAIGN FINANCE ...........................................................................................................................18 IX. MEDIA.......................................................................................................................................................20 A. OVERVIEW ..............................................................................................................................................20 B. LEGAL FRAMEWORK ..............................................................................................................................20 C. PUBLIC BROADCASTING .........................................................................................................................21 D. MEDIA COVERAGE OF THE ELECTIONS .................................................................................................21 X. PARTICIPATION OF MINORITIES ....................................................................................................22 XI. PARTICIPATION OF WOMEN.............................................................................................................23 XII. ELECTION DAY ......................................................................................................................................23 ANNEX: RESULTS.............................................................................................................................................26 ABOUT THE OSCE/ODIHR..............................................................................................................................27 THE NETHERLANDS EARLY PARLIAMENTARY ELECTIONS 9 June 2010 OSCE/ODIHR Election Assessment Mission Report I. EXECUTIVE SUMMARY The Permanent Delegation of the Kingdom of the Netherlands invited the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) to observe the 9 June 2010 early parliamentary elections in the Netherlands in line with OSCE commitments. Based on the recommendation of a Needs Assessment Mission, the OSCE/ODIHR deployed an Election Assessment Mission (EAM) from 25 May to 12 June. The elections to the lower House of Parliament were conducted in the context of a high level of confidence in the election administration. The pluralistic political and electoral system provided voters with a broad choice among diverse political options. Overall, the largely unregulated campaign and media environment gave political parties ample opportunity to communicate their views to voters. Voter turnout was registered at 75.4 per cent. The election process has undergone considerable reform since the previous parliamentary elections, held in 2006. Due to concerns raised during those elections about the risks to integrity and secrecy of the vote posed by the use of electronic voting machines, a thorough review process was undertaken to establish what measures should be taken to preserve public confidence. The review resulted in the withdrawal of regulations permitting the use of electronic voting machines. The decision to cancel electronic voting was a positive and appropriate measure in view of the serious challenges to electoral integrity that were identified in 2006. Moreover, the transparent process through which the issue was considered further contributed to maintaining public confidence. Beyond the abolishment of electronic voting, a number of changes were introduced in the Elections Act, which took into account previous recommendations made by the OSCE/ODIHR. The amendments were generally aimed at increasing enfranchisement, voter participation, and the integrity of the election process. The legal framework overall provides a sound basis for the conduct of democratic elections. Notably, it provides for the observation of elections, in accordance with OSCE commitments. However, some elements are not fully compatible with OSCE commitments and other international standards. Proxy voting, which apparently accounts for at least ten per cent of votes cast, has the potential to undermine fundamental election principles, despite recently introduced safeguards. In addition, there is no possibility for voters, candidates or parties to appeal to a court regarding important aspects of the election process, including the results. Commendably, the Netherlands regularly reviews its election process, and discussion of electoral reform is ongoing. One important question under consideration is whether a central authority should have a role in overseeing certain aspects of the organization of the elections. In view of the decentralized nature of the election administration, with responsibility shared among governmental entities at national and local level and the electoral committees, a potential issue in this respect is whether one body would be given clear responsibility in law for ensuring the integrity of elections. The Netherlands Page: 2 Early Parliamentary Elections, 9 June 2010 OSCE/ODIHR Election Assessment Mission Report The campaign was very active and marked by open debate among the parties on substantive issues. The campaign in the media, especially the electronic media which plays an increasingly important role in Dutch elections, is largely unregulated. Political parties considered the role of the media as fair for the most part. An unusual element of the campaign was the involvement of the government’s Central Planning Bureau, which assesses the economic implications of political party platforms. This role was widely accepted and appeared to be positive in general; however, the practice is not provided to all electoral contestants. Election campaigns are still relatively inexpensive, but campaign financing is largely non-transparent. A draft law to improve accountability and transparency has not yet been brought to Parliament, in part due to the early elections. The Netherlands has, proportionally, one of the highest immigrant populations in the OSCE area. Many parties made efforts to attract immigrant voters, including through the participation of candidates with an immigration background in electable positions on their lists. While most parties avoided making immigration an issue in the campaign, one major party focused on this issue, sometimes with harsh rhetoric. The participation of women in elections is relatively high in the Netherlands, and some 40 per cent of incoming members
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