In several of these municipalities, however, the election results should not be invalidated. In Wallonia, the local elections council will decide on November 25. In Flanders, candidates have 40 days to file a complaint after the elections, almost until the end of November.
Proxy voting
In the majority of cases, the irregularities threatening the electoral result were linked to suspicions of proxy fraud. It appeared that a certain number of votes given to the names of absentees could be deemed invalid. It is often the large proportion of proxies that raises suspicion. In Saint-Josse, for example, 6.3% of votes were by proxy, compared to 1.4% in Schaerbeek.
How does it work? Voting by proxy is the authorization given to a third person to vote on your behalf if you are absent or unable to travel on voting day.
Four scenarios allow you to be represented by another voter. The voter is sick and cannot come to the polling station. The power of attorney must then be accompanied by a medical certificate granted by a doctor who is not a candidate. The voter is abroad. You must then present proof of reservation or a certificate from the mayor. The voter works or studies. A certificate from the employer or mayor is required. The voter is deprived of his freedom. A certificate from the prison is required.
The difficult proof of fraud
Fraud occurs when it is proven that these proxies were obtained illegally. This is what happened in Neufchâteau and Jette in 2018. In the commune of Hainaut, mayor Dimitry Fourny (Les Engagés) collected the votes of 24 residents of a retirement home who did not wish to vote in falsifying their proxies. In Jette, candidate MR Shirley Doyen, also nursing manager in a residence for seniors, had lost her seat as alderman for having falsified the proxies of elderly people.
In 2000, the election result was canceled in Molenbeek after irregularities were noted concerning proxy votes. But that was not enough to send Molenbeek residents back to the polls.
In these cases, the difficulty lies in proving that there was indeed an intention to defraud. However, these powers of attorney are often presented in the name of elderly people. They may have memory problems and not remember that an individual pushed them to grant them power of attorney. They may also have died between the time of the vote and the decision of the elections board.
A few voices make the difference
If the candidates thus take the risk of trampling on legality, it is because these irregularities can have an influence on the distribution of seats between the different lists. In municipalities where the number of voters is in the thousands, a dozen votes can sometimes make the difference and deprive a party of a seat within the college of aldermen.
