The results of the 333 municipalities in which residents elected a new council, trickled in on Wednesday evening. But the official election results won’t be announced until next Monday. On that day, the central electoral committee will hold a public session at 10 a.m. in each municipality. Complaints about the counting of votes can then be submitted, among other things.
Once the central electoral committee has determined the result, it is no longer possible to appeal. By Tuesday at the latest, the mayor will inform the candidate councilors in writing that they have been appointed. A councilor must notify within ten days whether the office is accepted.
Credential search for new councilors
In the meantime, the old city council has until Tuesday 29 March to check whether the appointed candidates will be accepted the conditions of council membership to fulfil. It is not a full-time position, but some ancillary positions are prohibited by law. For example, a councilor may not be a mayor, alderman or official in the same municipality. An incumbent councilor who has been elected must choose between the two positions when forming a coalition.
A municipal councilor may simultaneously sit in the Senate or House of Representatives or in the Provincial Council. However, a ministerial position or position as a deputy is incompatible with a seat on a municipal council. A municipal councilor may also not be a member of the Council of State or the Court of Audit. If a candidate member is involved in a dispute with the municipality as a lawyer, the case must be transferred to a colleague.
In the ‘credential check’ it is further examined whether a candidate lives in the municipality, is an adult and is not excluded from the right to vote. A Statement of Good Conduct is not required. A criminal record is also no obstacle to council membership.
College formation: puzzling together a new municipal council
The newly elected city council will meet for the first time on Wednesday 30 March. That same day, the old councilors resigned.
A new municipal council – the college of mayor and aldermen – has usually not yet been formed. After the elections, political groups meet to find out whether, and if so under what conditions, they can work together† The largest political groups will try to form a ‘majority council’ with more than half of the council seats, but a ‘minority council’ is also an option.
Responsibility for the formation of a board rests with the groups themselves. Not much is laid down in the Municipalities Act about this. Usually the initiative lies with the largest party. In order to bring parties closer together, the new municipal council can also appoint an informant. The clerk, who acts as secretary during council meetings, can also support the political groups in this regard.
The college negotiations normally result in an agreement in which the college parties record their plans. A fragmented council, in which a large number of small groups hinders the formation of a council, can also come up with a council program that the new council must take as a guideline for its policy.