Voting rights during detention

What are electoral rights?

Electoral rights are fundamental rights, set out in Article 4 of the Constitution (Grondwet). There are two types of electoral rights, which also appear in Article 54 of the Constitution (Grondwet):

• The right to vote (actief kiesrecht): the right to cast your vote in elections.
• The right to stand for election (passief kiesrecht): the right to put yourself forward as a candidate.

The basic conditions for both are the same: you must be a Dutch national, be aged 18 or over and not be disqualified from exercising electoral rights. Further rules are set out in the Elections Act (Kieswet) and the Elections Decree (Kiesbesluit).

Until 1986, prisoners could not vote. Since then, people in a prison have retained both their right to vote and their right to stand for election. Prisoners who have been placed under legal guardianship (curatele) because of a mental disorder may also exercise their electoral rights. Legal guardianship (curatele) is therefore not, in itself, a reason to prevent someone from voting.

When can a court take away electoral rights?

A prison sentence does not automatically mean that you lose your electoral rights. When sentencing someone to at least one year in prison, a court can also decide to disqualify them from exercising electoral rights. That person can then no longer vote or stand for election.

This is set out in Article 54(2) of the Constitution (Grondwet) and Article 28(1)(3) of the Criminal Code (Wetboek van Strafrecht). This far-reaching exception is very rarely used in the Netherlands. It is reserved for offences that seriously undermine the foundations of the Dutch system of government.

Prisons: voting from the institution

Information and support from management

Management must actively work to inform eligible prisoners in advance. This means not only telling you that elections are taking place, but also explaining how you can vote while in detention. Posters and leaflets can, for example, explain how to authorise someone to vote for you.

The duty to provide information in advance is reflected in the decision of the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) of 20 February 2023, case number 21/21894/GA. Its Dutch name is Raad voor Strafrechtstoepassing en Jeugdbescherming.

You can use the StemWijzer voting advice tool to help you decide which party to vote for. It is on the list of websites prisoners are allowed to access. Political parties’ websites are not accessible because of security risks associated with chat functions.

Where will you receive your polling card?

Every eligible voter receives a polling card (stempas). Under Article J 7 of the Elections Act (Kieswet), it must be sent at least 14 days before the vote. Prisoners should receive their polling cards at the same time as other eligible voters.

Your polling card is sent to the address where you are registered on nomination day. This is the day when the candidates for the election are formally established. After three months, prisoners are automatically registered at the institution’s address. If that is your registered address on the relevant day, your polling card will be sent to the institution.

It is therefore important to check your registered address, especially if you have recently been detained or transferred. A polling card that goes to another address or is handed to you too late can make it harder to arrange a proxy vote.

Voting by proxy

The usual way to vote while in detention is by proxy (volmacht). This means authorising another eligible voter to vote on your behalf. That person is called your proxy (gemachtigde).

Article L 2(1) of the Elections Act (Kieswet) provides two ways to authorise a proxy:

• by submitting a written application;
• by handing over your polling card.

For a written application, you send your request to the mayor of the municipality where you are registered on nomination day. You state who you want to authorise. This follows from Article L 8(1) of the Elections Act (Kieswet).

The general rule is that your proxy must also be eligible to vote in the same municipality, as set out in Article L 8(2) of the Elections Act (Kieswet). Do you not know anyone there who can vote for you? You can then submit a written request to authorise a voter in another municipality. This is not possible in municipal council elections: your proxy must be able to vote within the relevant electoral area.

You are not the only person who must make a declaration. Your proxy must also declare that they are willing to act on your behalf. This condition is set out in Article L 8(3) of the Elections Act (Kieswet). The mayor, or where applicable the Minister of the Interior and Kingdom Relations, then arranges for your proxy to receive the proxy voting certificate (volmachtbewijs). This is governed by Article L 13(1) of the Elections Act (Kieswet).

Leave and standing for election

Another option is to apply for leave (verlof) to visit a polling station yourself. This option is rarely used. Applying for leave is not the same as receiving permission to leave the institution, so do not assume you will actually be able to vote outside.

You may also stand for election while in detention. If elected, you cannot take up your seat during your detention. Keeping your right to stand for election does not remove this practical restriction.

Youth custodial institutions

For young people, the voting age is important: you can vote from the age of 18, provided you also meet the other conditions. Staying in a youth custodial institution therefore does not prevent an eligible young person from exercising their right to vote.

During the House of Representatives elections in March 2017, De Hartelborgt youth custodial institution had its own polling station. Young people over 18 and staff could vote there between 09.00 and 18.00. The polling station was closed to the public: other eligible voters could not use it.

This is a practical example, not a guarantee that there will be a polling station in a youth custodial institution at every election. Ask in advance what arrangements are being made.

Court-ordered forensic treatment and forensic care

The right to vote must also be supported within a clinic, including a clinic for court-ordered forensic treatment (tbs). A clinic cannot simply place the entire responsibility on the patient.

This is clear from the decision of 8 June 2011, KC 2011/033. A resident had been unable to vote in the provincial council elections on 2 March 2011. He said that management had not made adequate arrangements for him to vote correctly and on time. Management argued that he could have authorised someone to vote for him.

The complaints committee (beklagcommissie) ruled in the resident’s favour. The clinic had a duty to enable him to exercise his right to vote. The complaint (beklag) was upheld, with a recommendation to ensure that patients and residents could vote in future elections.

There have also been examples of voting within a forensic treatment clinic (tbs-kliniek). In 2010, a mobile polling station was used for the first time as a trial at De Kijvelanden.

Voting in person inside the institution

Article B 6 of the Elections Act (Kieswet) provides the option of proxy voting for people who are deprived of their liberty during elections. Whether to enable voting inside institutions has been debated for some time.

In 2006, the National Prisoners’ Committee (Landelijke Gedetineerdencommissie) called for polling stations in institutions where this was possible. An argument against this was that, by law, a polling station must be open to every voter. A prison, by contrast, is not freely accessible.

In 2010, the then minister Hirsch Ballin stated that voting from an institution could be possible, depending on the circumstances. The institution had to be able to meet the requirements of the Elections Act (Kieswet). This concerned both public access and whether a polling station would disrupt daily operations.

In practice, polling stations closed to the public have also been set up. For example, during the House of Representatives elections in March 2017, prisoners and staff at Almelo Prison (PI Almelo) could vote at a mobile polling station. The quiet room was used for this purpose between 08.00 and 09.30. Other eligible voters had no access.

Bonjo’s court proceedings in 2023

On 3 November 2023, the advocacy organisation Bonjo brought urgent civil proceedings (kort geding) against the State. It wanted prisoners to be able to vote at mobile polling stations in the elections on 22 November 2023.

Bonjo highlighted problems faced by the more than 7,000 eligible voters in custody: voting documents did not always arrive, finding a suitable proxy was difficult and, according to the organisation, voting through another person put ballot secrecy at risk.

On 9 November 2023, the interim relief judge (voorzieningenrechter) ruled that the problem was recognised, but that too little time remained to assess the existing voting arrangements for prisoners against the Elections Act (Kieswet). The proceedings therefore did not result in an order requiring mobile polling stations for those elections.

Advice from the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ): reducing barriers to voting

On 24 June 2025, the advisory division of the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) published its advice, Practical and effective voting rights for people in custody. The recommendations focus on three improvements. These are proposals, not an automatic change to the voting procedure.

Making voting inside the institution possible

The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) recommends allowing people in custody to vote in person at a fixed or mobile polling station inside the institution.

Making proxy voting simpler

People voting through a proxy should receive adequate guidance and support. The written application should also be simpler and more accessible. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) also recommends evaluating trials in The Hague and Zutphen intended to remove barriers to written proxy authorisations.

Improving information and delivery

Independent information about parties and elections should be actively distributed. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) calls for explanations in plain language and in different languages, supported by pictograms and other materials that make the information clearer.

Changes of address and transfers must also be handled better. The aim is to ensure that polling cards reach the correct institution on time.

Making a complaint if you cannot vote

If you were unable to exercise your right to vote because the institution did not do enough, this may be grounds for a complaint (beklag). Case law shows that both inadequate support and the late delivery of a polling card can be relevant.

In the decision of 19 August 2011, KC 2011/048, a prisoner received his polling card so late that he could no longer vote in the House of Representatives elections. The complaints adjudicator (beklagrechter) ruled that this had disadvantaged him and upheld his complaint (beklag).

The decision concerning the clinic of 8 June 2011 also shows that management cannot simply state that someone should have arranged their own proxy.

When making a complaint (beklag), describe exactly what went wrong: when you received information or your polling card, what help you requested and why these circumstances prevented you from voting. These decisions do not mean that every complaint will automatically be upheld; the facts of what happened remain important.

What does this mean for you?

Start making arrangements to vote as soon as the elections are announced. A practical approach is:

• Ask for an explanation. Ask the institution to explain how you can exercise your right to vote and what support is available.
• Check your address. Check where you were registered on nomination day and where your polling card will be sent.
• Find a proxy in good time. Discuss whether that person is willing to vote for you and whether a written application is needed.
• Check the municipality. A proxy in another municipality requires extra attention. This option is not available in municipal council elections.
• Report problems immediately. Tell the institution if your polling card is missing, you are being transferred or you are having trouble arranging a proxy vote.
• Keep a record of your requests. Note when you asked for help and what response you received, so that you can explain what happened if you make a complaint (beklag).

Family members can help in particular by thinking through arrangements for post and finding a possible proxy. Do not assume there will be a polling station inside the institution without checking: previous trials and recommendations do not give you a general entitlement to one.

This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.

Other topics

• Arrestant detainees
• Belongings
• Camera surveillance
• Compensation
• Complaints procedure (beklagprocedure)
• Compulsory treatment