The 15-year-old Lev Weikamp from Winterswijk may remain on the electoral list. Despite objections from his mother who brought the case before the Council of State on Wednesday, because he had withdrawn from parental authority.
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The Council of State does not believe that minors should only be allowed to participate in elections with the explicit consent of their parents, or guardians.
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The fifteen-year-old Lev Weikamp stands on behalf of the party Frontal on the electoral list, together with his friend Oliver Heming (16). In the nick of time, they signed up for the municipal elections on March 16. Heming is the youngest leader in the Netherlands.
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The Supreme Administrative Court ruled the mother in the wrong, because parental consent would be an unacceptable restriction on the right to stand as a candidate guaranteed by the Constitution.
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No council meeting
The Electoral Act makes no further requirements for the participation of minors, other than that the candidate is, or becomes, the age of majority during the council period. But if Lev and his friend Oliver are elected, they are not allowed to sit on the city council.
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For an elected person must be of age when appointing the new city council. The fact that Lev and his ally reach the age of majority during the council period does not mean that they can automatically claim their seat on their eighteenth birthday.
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A spokesman for the Electoral Council explained that the appointment at the beginning of the council term is decisive. Even if an elected councillor reaches the age of majority one day after the appointment, he may not occupy his seat.
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Empty seat
What happens to the empty seat? ,If a municipality has less than 13 council seats, the empty seat is distributed as a residual seat among the other parties. In larger municipalities, the seat remains empty for the entire council period, ” said the spokesman for the Electoral Council.
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For Winterswijk with 21 seats means that if Oliver Heming is elected as Number 1 on the list, the city council has to do with 20 councilors. And if his minor ally Lev also wins a seat, the council has to make do with 19 seats.
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