Every co-determination period begins with the appointment of new co-determination members, and the departure of outgoing members. This is an important time for co-determination. How you approach this phase can have an enormous impact on how the rest of the period goes. In other handouts, we elaborate on the important role of a good transfer. In this handout, we will talk about what precedes that transfer: elections. We will discuss the role of elections and the different forms of elections known at different levels of co-determination (including the possibility of not holding elections). Furthermore, we discuss tips and tricks for making elections smooth and amicable. Finally, we will discuss strategies to maximize voter turnout for elections.
What are elections?
According to the Higher Education and Scientific Research Act (WHW), (new) co-determination members must be (re)appointed through elections. During the elections, students and employees can vote for candidate co-determination members. At the end, the votes are counted, and the results announced. The elected candidates are then appointed for the next term. Usually, elections are held annually somewhere between March and July, and the new term begins in September. But other constructions are possible.
The law only requires that elections take place, and that the vote be secret and in writing. This means that other details, such as when elections take place, what model is used , and how they are organized, are determined by individual educational institutions. As such, the rules can differ strongly between institutions. The process should be outlined in your co-determination regulations (as referred to in WHW art. 9.34 or WHW art. 10.22). The central co-determination body/bodies has/have the right of consent on these regulations. In order to alter these regulations two-thirds of the central co-determination must agree.
No elections?
In some cases, you can choose not to have elections at all: this happens when the number of candidates is less than, or equal to, the number of available seats (WHW art. 9.31 paragraph 6; WHW art. 10.17 paragraph 6). If there are only 10 candidates for a council of 11, for example.
Program committees are another exception. Institutions may decide to select their members through different means than elections. This can only be done in consultation between the (de)central executive and the decentral co-determination council(s), after consultation with the relevant program committee. Any alternative selection method must be reaffirmed yearly. In practice, this means that the decentral co-determination council(s) (faculty council, academy council, etc.) has/have the right to reconsider whether or not the alternative method is preferable to elections every year (WHW art. 9.18 paragraph 4; WHW art. 10.3c paragraph 4). Furthermore, in July 2024, the national disputes committee for higher education (LCGHO) ruled that elections are the starting point. So, you should have a “special reason” to deviate from elections. Moreover, the LCGHO stated that under any alternative method, representativity of the chosen candidates must be maintained. See this page for the entire ruling.
In all other situations, elections must take place. The executive is responsible for facilitating this.
Elections every year?
Most co-determination bodies switch members every year and therefore have elections every year. However, some councils have longer (or shorter) terms, this is allowed because the law says nothing about how often co-determination members switch. There may be elections once every few years instead of yearly.
Another option is a staggered switch: a switch where only part of the council changes at the time. Imagine that the term of office is 2 years, but there are elections every year. In that case some members step down while others stay on for another year. If this is stipulated in local regulations, it can be done that way! This can be a nice way to organize elections. Because then there are always (more) experienced members on the council.
Good elections?
Amicable elections
As mentioned in other handouts, good elections are crucial for a strong co-determination body. But what do we mean by good (and amicable) elections?
On paper, the election period is not very exciting (and in practice it often isn’t). At many institutions, the election period passes without too much difficulty. There is some campaigning and then a result. At other institutions, however, there is fierce competition between candidates, or groups of candidates. Things can get heated during an election period. That need not be a problem. However, some campaigners may take things a step too far. This may lead to (understandable, yet problematic) frustration. Everyone who gets elected must work together after the election. This makes it important to make sure there are no major lingering election conflicts.
The worst way to start a co-determination year is with an election conflict that continues to simmer through the term of office. It is therefore important for candidates to meet and discuss in advance what is and what is not allowed during elections. As a rule, regulations have already been established by your educational institution. By making agreements yourself, you can fill in any gaps in that policy and create more mutual support for the rules. Another tip is to get to know each other before the campaign begins. That way you don’t start your relationship competing with each other. We have written a separate handout where we discuss cooperation and atmosphere in more detail.
A high turnout
In an ideal scenario every student and employee votes in the co-determination elections. We see that this does not happen in practice. Even a 30 percent voter turnout is rarely reached. This is unfortunate, because it makes the co-determination less representative of its constituency. It is also understandable: for many students and staff co-determination is an unfamiliar subject. Many will not even know what co-determination is. We must strive to achieve the highest possible turnout for elections. There are a number of strategies for doing so.
First, it is important to contact your constituency not only in the run-up to elections, but also during the rest of the year. Do this for example with constituency consultation, as discussed in the handout on constituency consultation, in the handout on consultation meetings and in the handout on council opinion and meeting cycles. By doing so, you not only involve your constituency in your opinion-forming process, but you also make it clearer what the council does, and what it means to students and staff. This awareness may lead to a higher turnout!
You should also develop a communication strategy to use throughout the year. For example, many co-determination councils share their work on social media or in a monthly newsletter and use this for constituency consultation. Do make sure that you balance these activities in the context of your other council work, so you don’t spend too much time on it.
In the run-up to the elections, it is important to use several different ways to inform your constituents about the elections. Of course, the candidates must also be recruited and convinced to run. At some institutions co-determination bodies do this themselves. While at other places there are parties that prepare candidate lists. Again, this all depends on which system your institution uses. The responsibility for organizing elections, as discussed above, lies with the executive (often the CvB). They then often set up an electoral committee to arrange everything around the elections. However, the responsibility for mobilizing students and staff to vote is somewhat more difficult. Sometimes that responsibility lies mainly with candidates or parties competing for the most votes, while in other cases the election committee also takes responsibility. The best way to handle this depends on your specific situation. Loket Medezeggenschap is available to help you develop a strategy!
To help you get started we offer the following common strategies:
- Make sure that your campaign has digital as well as a physical presence during the elections
- Put up posters, set up booths with candidates/parties or use fun actions to attract people’s attention
- Make sure every student/employee gets several emails about the election. At least once with the link to the voting portal
- Make sure the link to the voting portal can be converted into a QR code. By putting the QR code on posters and displaying it at booths you lower the effort required to vote. This can increase the turnout significantly
- Organize a debate between candidates/factions
- Involve your educational institution’s newspaper in the elections. You may for example ask them to highlight the candidates early in the campaign.
- Make use of topics that are currently relevant and (directly) affect your constituency. Use these topics by linking them to the upcoming election