Stemmen bij volmacht: Waarborg of bedreiging voor een vrij en eerlijk verkiezingsproces?

Abstract

This study evaluates if the regulation to vote by proxy – the way that it is currently implemented in the Dutch Electoral Act, and in light of the need to ensure that voting secrecy, voting freedom and voting equality are guaranteed in elections – is still a valid way to safeguard the right to vote for those who are unable to go to the polling station. The study responds to the criticism that has been expressed about this regulation in recent years, in particular by international election observers. The study concludes that having an electoral provision for proxy voting is not necessarily inconsistent with the duty to ensure that the fundamental principles for free and fair elections are safeguarded. However, two conditions must be met. First, the alternative voting method should only be offered to voters who would otherwise not have been able to participate in the vote. And secondly, the regulation of the alternative voting method must be designed in such a way as to ensure that the fundamental principles for free and fair elections are safeguarded as far as possible. The Dutch Electoral Act does not meet these conditions. This study contains clear recommendations to change that.