A Brussels court has declared the local election in the Brussels municipality of Saint-Josse-ten-Noode invalid on suspicions of fraud.
Several candidates involved had lodged complaints over the vote, citing what they said was a significant discrepancy between the number of actual voters in polling stations and the numbers electronically recorded.
On October 13, incumbent major Emir Kir won an absolute majority in the election, meaning he could govern without needing coalition partners.
Kir, a left-wing politician, gained notoriety in April 2024, when he sent the police to shut down NatCon, a Conservative event featuring prominent figures and state leaders.
What was seen as his authoritarian, anti-free speech actions triggered negative reactions and condemnations around the globe and a Brussels court had to overturn his decision.
The organisers behind the #NatConBrussels2 conference have won their appeal in court against local mayor Emir Kir enabling the event to continue into its second day. https://t.co/QWrrXiWdT7
— Brussels Signal (@brusselssignal) April 17, 2024
Now, after an investigation following the complaints, the court has objected to the suspiciously high number of proxy votes, five times higher than in other municipalities.
Additionally, 350 proxy votes were deemed problematic for various reasons, 50 of which were extremely so since the mayor signed these proxies off on election day, which he was not allowed to do. Other proxy votes reportedly did not have the required signatures.
In one polling station, a significant difference between the number of actual voters and the number of votes registered electronically was recorded.
Kir’s party is also accused of trying to convince voters to back its candidate while they waited to cast their ballots for their personal choices. In addition, some members of the party were allegedly present in the polling booths.
Because the irregularities were deemed big enough to determine the distribution of seats on the municipal council, the court decided not to recognise the election result of October 13.
The Team Fouad Ahidar party, which failed to win a seat on the municipal council by just 54 votes, described the court’s decision as “historic”.
The party’s Ibrahim Dankus said: “Today I am pleased that the court has ruled in our favour. This is a victory for democracy and we call on the residents of Saint-Josse to really make their voices heard in the new elections.”
Kir wrote on Facebook: “We are examining all avenues of appeal following the decision of the court. We are confident. On the strength of our victory on 13 October. On the strength of our popular support.
“Vox populi, Vox Dei [The voice of the people is the voice of the God] … the rest of history will be written with each and every one of you.”
Kir has eight days to appeal the decision to the Council of State. If he does not do so, the elections must be rerun within 50 days. If he does appeal, the Council of State has 60 days to issue a ruling and the current situation will remain unchanged until that is made.
While all the other municipal councils in Brussels will be officially installed on December 1, Saint-Josse will temporarily keep its outgoing council, elected in 2018.
Next to the administrative decision not to validate the results of the October election, there is also a judicial investigation into electoral fraud.
If Kir were to be found guilty of wrongdoing as part of this investigation, he would not be able to stand for major again. The legal process behind this probe could take a number of years.
