Law Organizing Electronic Voting With Proof Paper (1)

Original Language Title: Loi organisant le vote électronique avec preuve papier (1)

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belgiquelex.be - Carrefour Bank of Legislation

7 FEBRUARY 2014. - Act to conduct electronic voting with paper proof (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - General provisions
Art. 2. This Act applies to the organization of the elections of the European Parliament, the House of Representatives and the Parliaments of Community and Region in municipalities where an electronic voting system is used with hard evidence.
Art. 3. The King may, by order deliberately in the Council of Ministers, decide that, for electoral districts, electoral districts, communes or diplomatic or consular posts designated by him, an electronic voting system with hard evidence is used in the legislative elections, in the elections for the renewal of community and regional parliaments and in the elections for the renewal of the European Parliament.
Art. 4. § 1er. An electronic voting system with paper proof includes, by polling station:
1° an electronic urn with a scanner;
2° several voting computers each equipped with a touch screen, a ballot printer and a chip card reader;
3° a computer for the president with a unit to initialize chip cards and a printer;
4° a barcode reader for viewing the contents of the barcode by the elector;
5° chip cards.
Each isoloir of the polling station is equipped with a voting computer.
In each polling station, at least one of the isoloirs equipped with a voting computer also has a barcode reader for viewing the content of the barcode by the elector.
Each polling station has a waiting area located at least one metre from the urn.
In addition, each cantonal main office has one or more electronic voting totalisation systems issued in the polling stations that fall under this main office.
§ 2. The King determines the rules for presenting lists and candidates on screens of voting computers.
§ 3. Electronic voting systems with paper proof, electronic voting totalisation systems and election software referred to in Articles 17 and 18 may only be used if they comply with the general conditions of approval determined by the King, which in any case guarantee the reliability and security of the systems, as well as the secrecy of the vote.
The Minister of the Interior, on the advice of the body approved for this purpose by the King by order deliberately in the Council of Ministers, notes this conformity.
The notice of the registered body referred to in paragraph 2 shall be made public by the Minister of the Interior or his delegate.
Art. 5. § 1er. The system referred to in Article 4, § 1er, is either the property of the commune, on the understanding that the electronic systems of totalisation of votes of an electoral canton are the property of the commune chief township, or the ownership of the regional authority if the latter decides to acquire them.
The State may intervene financially in the investment costs up to twenty per cent of them according to the standards set by the King by deliberate decree in Council of Ministers regarding the number of voting systems.
§ 2. The municipality ensures the maintenance and preservation of the equipment. She manages these assets as a good family father. It is required to repair or replace any non-use equipment as soon as possible.
These costs are borne by the municipality, which concludes a maintenance contract for this purpose.
§ 3. The costs of assistance on the day of the election are borne by the State.
§ 4. Electoral software, security codes, smart cards, specific electoral paper needed to print ballots and memory materials are provided by the Minister of the Interior or his delegate during each election.
Art. 6. Municipalities using the paper-based electronic voting system are excluded from the apportionment of the costs related to the establishment of ballots and the operation of the counting offices referred to in the Electoral Code, as well as the apportionment of expenses which, due to the automation of the vote, do not concern electoral offices of the electoral district or the electoral district.
CHAPTER 3. - Electronic voting system with paper proof
Art. 7. Each voting room compartment is equipped with a voting computer.
Art. 8. § 1er. Before going to the cabin-isoloir, the elector receives from the chair of the office or the assailant that the chair or assailant designates, a chip card that the president or assailant will have previously initialized and which allows to vote once by election for which the elector is summoned.
§ 2. To express its vote, the elector proceeds, obligatoryly, first of all, to the introduction of the card in the reader intended for this purpose, present in the voting computer installed in the compartment-isoloir.
If several elections are held simultaneously, the Minister of the Interior sets out the order in which votes must be cast.
When the laws on the use of languages in administrative matters, coordinated on July 18, 1966, leave the elector with the choice of language for electoral operations, he is first invited to make this choice; it is, after confirmation, final for all voting operations.
For the election of the members of the European Parliament in the electoral district of Brussels-Capital and for the election of the Parliament of the Brussels-Capital Region, the elector first makes the choice of the electoral college or the linguistic group to which the list belongs for which he wishes to vote. Only lists for this college or language group are then displayed on the screen.
For the election of the members of the House of Representatives in the municipalities of the electoral district of Rhode-Saint-Genesis, the elector first made the choice between the electoral district of Flemish Brabant and the electoral district of Brussels-Capital. Similarly, for the election of members of the European Parliament in the municipalities of this electoral district, the elector first makes the choice between the Dutch electoral college and the French electoral college. Only lists for the electoral district or college selected are then posted.
§ 3. In all cases, the touch visualization screen displays the order number and the acronym or logo of all lists of candidates, subject to the application of § 2, paragraphs 4 and 5.
The elector indicates the list of his choice by touching on the touch screen. It may also indicate by a blank vote that it does not wish to vote on any of the lists submitted.
After the elector has chosen a list, the visualization screen displays, for this list, the names and names of the candidates preceded by an order number.
The elector expresses his/her vote by touching on the touch screen:
1° in the box placed at the top of the list, if it adheres to the order of presentation of the candidates;
2° in the boxes placed in front of one or more candidates of the same list.
§ 4. After the elector expressed his vote in accordance with § 3, he is invited to confirm it. This confirmation closes the vote of the elector for the election. As long as the vote is not confirmed, the elector can resume the voting operation.
§ 5. If applicable, the elector is then invited, by information appearing on the view screen, to vote according to the same procedure for the next election.
Art. 9. § 1er. When the elector voted for all elections, a ballot is printed and made available to the elector.
§ 2. Within the same electoral district, regardless of the voter's vote, the dimensions of the printed ballot must be identical.
The Minister of the Interior determines these dimensions for each electoral district as well as those printed on the ballot.
§ 3. The printed ballot has two parts:
1° a part indicating, in the form of a two-dimensional barcode, the vote issued by the elector;
2° a part indicating in type form, for each type of election if such is the case, the vote issued by the elector. The typed part is used only for control and audit purposes.
§ 4. The elector then regularly and permanently folds his ballot in two parts, face printed inside to preserve the secret of the vote.
The office ensures that the secret of the vote is respected.
§ 5. The elector removes the chip card from the reader intended for this purpose. Neither the voting computer nor the smart card keeps data on the votes cast.
§ 6. The elector has the option, by reading through a specific reader made available to him the barcode referred to in § 3, 1°, to view on a screen that the content of this barcode corresponds to the vote that he issued on the screen for each election and which is reproduced as typified on the ballot.
The visualization is done in the order that the votes were issued. When viewing, the elector cannot change his vote.
§ 7. An elector who has difficulties in expressing his or her vote may be assisted by the President or by another member of the office designated by him, excluding witnesses. However, if these difficulties are due to a disability, the elector may, in accordance with Article 143, paragraph 4, of the Electoral Code, with the permission of the President, be accompanied by a guide or support of his choice. The name of both are mentioned in the minutes.
If the chair or other member of the office contests the reality or importance of these difficulties, the office shall decide and its reasoned decision shall be recorded in the minutes.
Art. 10. § 1er. After he expressed his vote, the elector went out of the isoloir and went to the urn with his ballot paper still folded in two as mentioned in article 9, § 4, paragraph 1er.
If another elector is already present before the ballot box in order to register his ballot, the elector must wait in the waiting area referred to in Article 4, § 1erParagraph 4.
The elector then gives the smart card to the president of the office or to the assailant designated by the office, scans the barcode of his ballot and finally inserts it into the urn.
§ 2. The ballot is cancelled:
1° if the elector displaces his ballot by exiting the housing unit, so as to make known the vote he issued. The same is true if the elector has made external marks or registrations on his ballot;
2° if, as a result of mishandling or any other involuntary manoeuvre, the elector deteriorated the ballot that was given to him;
3° if, for any technical reason, the impression of the ballot proved impossible completely or in part;
4° if, in viewing by the elector on the screen of the contents of the barcode in accordance with Article 9, § 6, the latter notices a difference between this viewing appearing on the screen and the mention of the vote issued as printed on the ballot;
5° if reading the barcode by the electronic urn is not possible.
In cases referred to in paragraph 1er, 1° and 2°, the cancellation may be pronounced after a decision of the office in this sense.
In the cases referred to in the preceding paragraphs, the elector is invited to resume voting using a new smart card. Similarly if an elector deteriorated, before his vote, inadvertently the chip card that was handed over to him, he was provided with a new chip card.
The Chairperson registered on the folded ballots resumed pursuant to paragraph 1er, the mention : "Bulletin taken" and adds its paraphe.
Art. 11. At the end of the poll, the president of the polling station makes the voting apparatus inoperative for subsequent votes. The voting data is still recorded on two memory media.
The ballots are then placed in an envelope (or in an appropriate format) that is sealed. This envelope includes the mention of the content, the date of the election, the identification of the polling station and the electoral district. It bears on the reverse the signature of the president, the members of the office, and if they wish, witnesses.
The voting data of a particular polling station cannot be disclosed.
Art. 12. Memory materials are placed in an envelope that includes the mention of the content, the date of the election, the identification of the polling station and the electoral district. The envelope is sealed and bears to the back the signature of the president, the office members and if they wish, witnesses.
Art. 13. The minutes of the polling station were drawn up in a standing meeting. He mentions by election the number of votes registered, the number of electors present and the number of ballots taken under Article 10, § 2.
The required security elements and the necessary statistics for study determined by the Minister of the Interior are mentioned in the minutes.
The difficulties and incidents in the voting process are also mentioned in the minutes, if any. The ballots taken under Article 10, § 2, on the one hand, and the ballots referred to in Article 16, paragraph 1er, 3°, issued as a test by the president or members of the polling station prior to the office's opening to electors, on the other hand, are placed in separate sealed envelopes which are attached to the minutes.
The chip cards as well as the electoral paper still present in the voting or unused printers are placed in a sealed envelope which is delivered by the president of the polling station to an official designated by the college of the Burger and Echevins or the communal college of the commune. This last action can take place with the help of this manager.
Art. 14. The minutes and envelopes annexed, the envelope containing the ballot papers found in the ballot box and the memory media shall be submitted without delay by the President of the polling station, against receipt, to the President of the cantonal main office.
Chip cards as well as electoral paper collected in printers or not used are kept in the premises of the municipal administration with indication of their origin. The ballot papers found in the ballot box, the ballot papers taken under Article 10, § 2, the ballot papers issued as a test by the president or members of the polling station prior to the opening of the office, and the memory materials used are kept at the office of the court of first instance or justice of the peace, with an indication of their origin, as long as the election is not definitively validated or cancelled.
CHAPTER 4. - Special provisions for voting
Art. 15. In polling stations where an electronic voting system is used with paper proof:
1° by derogation from Article 139 of the Electoral Code, Article 18, § 1er, paragraph 3, of the ordinary law of 16 July 1993 to complete the federal structure of the State in Article 15, § 1er, paragraph 3, of the law of 12 January 1989 regulating the terms of the election of the Parliament of the Brussels-Capital Region and the Brussels members of the Flemish Parliament, in Article 31, § 1er, paragraph 3, of the Act of 6 July 1990 regulating the terms and conditions of the election of the Parliament of the German-speaking Community, the King may increase the maximum number of electors per compartment-isoloir;
2° by derogation from Article 95, § 9 of the Electoral Code, Article 14, § 4 of the aforementioned Law of 6 July 1990, the King may increase the number of members of the polling stations where more than eight hundred electors are registered;
3° by derogation from Article 142, paragraphs 1er and 2, the Electoral Code and section 32, paragraphs 1er and 2, of the Act of 6 July 1990 regulating the terms of the election of the Parliament of the German-speaking Community, the King may extend the hours of the opening of the polling stations. In this case, the President and other members of these offices are increased by 50 per cent.
In the case referred to in paragraph 1er, 3°, the instructions to the voters are adapted.
Art. 16. In polling stations where an electronic voting system is used with paper proof, prior to the office's opening to electors:
1° the president verifies that the ballot box of the urn intended to contain the ballots issued by the voting computers is empty and seals the urn;
2° the president verifies that the number counter of recorded votes is zero;
3° the president or the members of the office shall, on each voting computer, vote as a test to verify that the voting computer works correctly. Printed ballots bearing the votes cast as a test are only read with the barcode reader referred to in Article 4, § 1erParagraph 1er, 4°, which is present in one of the isoloirs and are neither scanned by the electronic urn nor deposited in it. These votes as a test are placed in the envelope provided for this purpose.
In addition to the documents prescribed for the election concerned, a copy of this Act is tabled in the polling station and a second copy is made available to electors in the waiting room. All lists of candidates nominated for each election are displayed in each polling station on a panel for this purpose. These lists are also displayed in each isoloir.
CHAPTER 5. - Pre-election operations
Art. 17. § 1er. The Minister of the Interior or his or her delegate develops electoral software for senior college offices, provincial offices, chief electoral district offices, cantonal main offices and polling stations.
§ 2. In the week following the day of the election, the voting software is published on the website of the Minister of the Interior or his delegate.
Art. 18. § 1er. Once the lists of candidates have been finalized, or in the event of an appeal, as soon as the office has taken note of the decision of the Court of Appeal or the Council of State, the President of the Chief Electoral Officer, Electoral District, to the extent that the electoral districts of their jurisdiction are concerned with the electronic vote with hard evidence, transmits these lists by digital means and the number assigned to them to the official designated by the Minister of the Interior.
§ 2. The documents reproducing all the order numbers and acronyms or logos of the lists presented and the lists of candidates, such as the software will show them on the view screen, are subject to the approval of the president of the main office referred to in § 1erwhich verifies the consistency of these documents with the final record of the lists of candidates. Each President or the person designated by the President shall validate the documents after making the necessary corrections, if any, and shall return the documents validated to the above officer.
It provides the basis for the totalization of votes by the main cantonal offices as well as the support for the polling stations.
§ 3. These materials, which are sealed by main office or voting, are delivered by the above-mentioned official against receipt to the chairs of the main offices at least three days before the election. Each envelope bears the identification of the corresponding office. A separate sealed envelope per office and also against receipt to the chairs of the main offices contains the necessary security elements for the use of memory media.
The president of the main office shall issue against receipt to each polling chair of his or her jurisdiction, the envelopes that concern him or her, no later than the day before the election.
CHAPTER 6. - Totalisation of votes
Art. 19. The president of the cantonal main office shall, upon receipt of the memory materials from the polling station, proceed to the registration of one of the media on the memory medium intended for the totalisation of votes.
If the recording by means of the memory medium proves impossible, the president of the main office resumes the recording operation with the second support.
If this operation is also impossible, the president of the main office requires the municipality concerned to provide an electronic urn and a president's computer, referred to in Article 4; a complete registration, by means of the urn reader, of the barcode present on each ballot in the envelope referred to in Article 11, paragraph 2.
The registration of the polling station completed, the president places the ballots in the envelope referred to in Article 11, paragraph 2, and seals it again. It then proceeds to the registration of the new memory medium thus constituted.
Art. 20. The announcement by the president of the main canton office of partial results obtained by the lists may take place after the registration of a number of polling stations to be determined by the Minister of the Interior until the registration of all polling stations.
In the absence of the determination of the rules of proclamation referred to in paragraph 1er by the Minister of the Interior, the proclamation by the president of the main office of the canton of partial results obtained by the lists may take place after the registration of at least ten offices and after ten additional polling stations and so on until the registration of all polling stations.
Art. 21. When the results of all polling stations have been recorded and totalized, the President of the main office shall print the minutes and the polling table for the votes fixed by the Minister of the Interior.
In the electoral district of Brussels-Capital, during the election of the European Parliament, the president of the main office of canton proceeds to the printing of two census tables: one written in French, lists the results of the votes cast in favour of lists of candidates of French expression or in favour of the lists of candidates deposited in the main office of the French college, and the other, written in Dutch, lists the candidates expressed in favor of the lists of candidates it makes the impression of a separate minutes.
In the electoral district of Rhode-Saint-Genesis, during the election of the House of Representatives, the president of the main office of canton proceeds to the impression of two census tables established in Dutch: one lists the results of the votes cast in favour of the lists of the electoral district of the Flemish Brabant, and the other lists the results of the votes cast in favour of the lists of the electoral district of Brussels-Capitale. Similarly in this electoral canton, during the election of the European Parliament, the president of the main office of the canton proceeds to the impression of two census tables established in Dutch: one lists the results of the votes cast in favour of the lists of the French electoral college, and the other lists the results of the votes cast in favour of the lists of the Dutch electoral college.
Art. 22. § 1er. The minutes and the census table, signed by the President, other members and witnesses of the main office, are sealed in envelopes with the above-mentioned content.
This envelope as well as those containing the minutes of the polling stations are collected in a sealed package that the chairman of the main office sends within 24 hours, as the case may be:
1° to the President of the Chief Electoral Officer for the election of the House of Representatives;
2° to the president of the main provincial office referred to in Article 12, § 3, of the Act of 23 March 1989 on the election of the European Parliament;
3° to the president of the main office of the electoral district for the election of the Walloon Parliament, the Flemish Parliament and the Parliament of the German-speaking Community;
4° to the president of the regional office for the election of the Parliament of the Brussels-Capital Region.
§ 2. Memory materials from the polling stations and those used by the main office for the totalisation of votes are provided, against receipt, to the official designated by the Minister of the Interior as soon as the election is definitively validated or cancelled. The grievor proceeds with the deletion of the memory materials and notes in writing to the Minister of the Interior or his delegate that the deletion was made.
§ 3. As soon as the election has been definitively validated or cancelled, the ballot papers found in the ballot boxes held at the court of first instance or justice of the peace are destroyed.
§ 4. As soon as the election has been definitively validated or cancelled, the ballots taken as well as those issued as a test, held at the court of first instance or justice of the peace, are destroyed.
§ 5. As soon as the election has been definitively validated or cancelled, the electoral paper recovered from the printers is destroyed by an official of the municipal administration where this paper is kept. A record of this destruction is written.
Art. 23. § 1er. The main cantonal office in which electronic voting is organized with paper ballots is not split into an office A and an office B, by derogation:
1° to Article 30 of the ordinary law of 16 July 1993 to complete the federal structure of the State, with regard to the simultaneous election of the Walloon Parliament, the Flemish Parliament and the European Parliament;
2° to section 37 of the same law, with regard to the simultaneous election of the Walloon Parliament, the Flemish Parliament and the House of Representatives;
3° to Article 24 of the Law of 12 January 1989 regulating the terms of the election of the Parliament of the Brussels-Capital Region and the Brussels members of the Flemish Parliament, with regard to the simultaneous election of this Parliament and the European Parliament;
4° to Article 30 of the same Law, with regard to the simultaneous election of the Parliament of the Brussels-Capital Region and the House of Representatives;
5° to Article 52 of the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the German-speaking Community, with regard to the simultaneous election of this Parliament, the Walloon Parliament and the European Parliament;
6° to Article 58 of the same law, in relation to the simultaneous election of the Parliament of the German-speaking Community, the Walloon Parliament and the House of Representatives.
§ 2. The main cantonal office in which electronic voting is organized with the production of paper ballots is not split into an office A, an office B and an office C, by derogation:
1° to Article 41quater of the ordinary law of 16 July 1993 to complete the federal structure of the State, in the event of simultaneous elections for the Walloon Parliament, the Flemish Parliament, the European Parliament and the House of Representatives;
2° to Article 37 of the Law of 12 January 1989 regulating the election of the Parliament of the Brussels-Capital Region and the Brussels members of the Flemish Parliament, in the event of simultaneous elections for this Parliament, the European Parliament and the House of Representatives;
3° to Article 64 of the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the German-speaking Community, in the event of simultaneous elections for this Parliament, the Walloon Parliament, the European Parliament and the House of Representatives.
CHAPTER 7. - From the College of Experts
Art. 24. § 1er. It is created a College of Experts composed as follows:
1° a permanent college;
2° in the election of members of the House of Representatives, the European Parliament and the Parliaments of Community and Region, a non-permanent College is deputy to the Standing College.
The College of Experts is composed of computer specialists.
§ 2. In order to establish the Permanent College, the Parliament of the Brussels-Capital Region, the Walloon Parliament, the Flemish Parliament and the Parliament of the German-speaking Community designate, for a period of five years, each an effective expert and an alternate expert, the Parliament of the Brussels-Capital Region may not designate an effective expert and an alternate expert of the same linguistic role. The House of Representatives designates, for a period of five years, three effective experts and three alternate experts, ensuring on the occasion of this designation the linguistic parity of the Permanent College.
One of the effective experts appointed by the House of Representatives shall be a graduate of the Licensee in Law or Master in Law, ensuring to the extent possible that the Chamber has basic computer knowledge.
Actual experts referred to in paragraph 1er designate a president and secretary within them.
In the election of the members of the House of Representatives, the European Parliament and the Parliaments of Community and Region, the appointed alternate experts are members of the College of Experts.
§ 3. In order to establish the non-permanent College, the House of Representatives, the Parliament of the Brussels-Capital Region, the Walloon Parliament, the Flemish Parliament and the Parliament of the German-speaking Community each appoint two experts.
These designations are made both during the full renewal of each assembly and during a new election organized following the cancellation of a ballot, as well as in an election following a vacancy to which it cannot be filled by the installation of an alternate.
Art. 25. § 1er. In the election of the members of the House of Representatives, the European Parliament and the Parliaments of Community and Region, these experts control the preparation, use and operation of the set of electronic voting, decryption, registration and totalization systems, as well as the procedures for the manufacture, distribution and use of electronic information devices, software and materials. The College of Experts also controls the preparation, use and operation of the hardware, software and procedures for digital transmission and dissemination of results.
Experts receive the material from the Minister of the Interior or his delegate, as well as all relevant data, information and information to exercise control over electronic voting, recording and totalization systems and on digital results transmission systems. Members of electoral offices, opinion bodies referred to in Article 4, § 3, paragraph 2, and private companies - as well as their members - associated with the competent authorities in the course of the electoral process also provide the experts with the material and all the data, information and information useful to exercise the control referred to in paragraph 1er.
Experts may, among other things, issue in polling stations - during the election - votes that are not scanned or recorded, check the reliability of the voting system software, the exact transcript of the votes cast on the ballots, the exact transcript, by reading the barcode present on each ballot, of the votes cast on the memory holder of the polling station, the exact recording of the votes cast from the polling polling station on They can also verify the reliability of the digital transmission software of electoral results.
The College of Experts can conduct an audit of the results to ensure the reliability and integrity of the electronic voting system with the production of a paper ballot.
They conduct this control from the fortieth day before the election, the day of the election and after the election, until the report referred to in § 2.
§ 2. No later than fifteen days after the closure of the elections and in any event before the validation of the elections for the House of Representatives, the Parliaments of Community and Region and the European Parliament, the experts report to the Minister of the Interior and to the federal, regional and community legislative assemblies.
§ 3. Experts are held incommunicado. Any violation of this secret shall be punished in accordance with Article 458 of the Criminal Code.
Art. 26. Apart from the election periods referred to in section 25, the College of Experts, in its permanent composition, is associated with the Minister of the Interior or his or her delegate to the work and research carried out in the context of changes or improvements to the voting, recording, decryption and electronic totalization systems, to the procedures for the manufacture, distribution and use of devices, software and electronic information materials, as well as in the process of electronic dissemination this to ensure the reliability and integrity of these different systems, software and hardware.
As part of the mission of the College of Experts referred to in paragraph 1er, the Minister of the Interior or his delegate and the private companies associated with the competent authorities in the conduct of the electoral process provide the material as well as all the data, information and information useful to carry out this mission.
CHAPTER 8. - Computer specialists
Art. 27. § 1er. In the election of members of the House of Representatives, the European Parliament and the Parliaments of Community and Region, each political training represented in one or the other House by at least two parliamentarians may designate a computer specialist.
§ 2. From the twentieth day before the elections, the computer specialists referred to in § 1er receive from the Minister of the Interior or his delegate the source codes of the electoral software of the various electronic voting and registration systems, for control and analysis. They receive all the data and information necessary for the exercise of this control.
§ 3. Computer specialists referred to in § 1er are kept in secret. Any violation of this secret shall be punished in accordance with Article 458 of the Criminal Code.
CHAPTER 9. - Final provisions
Art. 28. The counterfeit of memory media, ballots and chip cards is punished as false in public writings.
Art. 29. Section 200 of the Electoral Code applies to the fraudulent alteration of voting and totaling systems, as well as to memory materials, chip cards and ballots.
Art. 30. Not applicable to electoral cantons where an electronic voting system with the production of a paper ballot is established:
1° Articles 129, 143, paragraphs 1er to 3, 144, 145, 147, 149 to 152, 154 to 160, 161, paragraphs 1er 10 and 12 and 162 of the Electoral Code, as well as articles 95 and 131 of the same Code, as they relate to the counting offices;
2° Articles 32 and 39 of the ordinary law of 16 July 1993 to complete the federal structure of the State, with the exception, for each article, of § 1erParagraph 1erfirst sentence;
3° Articles 54 and 60 of the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the German-speaking Community, inserted by the ordinary law of 16 July 1993, with the exception, for each article, of § 1erParagraph 1erfirst sentence;
4° Article 26 of the law of 12 January 1989 regulating the terms of the election of the Parliament of the Brussels-Capital Region and the Brussels members of the Flemish Parliament, as well as Article 32 of the said Law, inserted by the ordinary law of 16 July 1993, with the exception, for each article, of § 1erParagraph 1er;
5° the provisions of Book I of the ordinary law of 16 July 1993 referred to above, the Act of 23 March 1989 on the election of the European Parliament and the laws referred to in points 3 to 5, in that they refer to the articles of the Electoral Code referred to in the 1st or in that they relate to ballots and counting offices.
Art. 31. § 1er. For the purposes of this Act, it is necessary in Article 109, paragraph 5, of the Electoral Code to replace the words "Article 5bis of the Act of 11 April 1994 organizing automated voting" with the words "Article 24 of the Act of 7 February 2014 organizing electronic voting with paper proof".
§ 2. For the purposes of this Act, it is necessary in Article 163 of the Electoral Code to replace the words "Article 162, paragraph 3" with the words "Article 22, § 1erthe Act of 7 February 2014 organizing electronic voting with paper proof."
Art. 32. Sections 204, 205 and 206 of the Electoral Code apply to offences under articles 28 and 29.
Art. 33. § 1er. When, the electoral districts referred to in Article 14 of the Law of 23 March 1989 on the election of the European Parliament, use for this election an electronic voting system with hard evidence, the president of the main office of college designates the electoral district of the same college whose counting offices are responsible for receiving ballots from Belgian voters residing in the territory of another Member State of the European Union. He informs the President of the special electoral office referred to in Article 13 of the Act of 23 March 1989 referred to above.
The provisions of sections 31, § 4, and 33, paragraph 2, 3, (b), of the aforementioned Act of 23 March 1989 apply to these electoral districts.
§ 2. If all electoral districts under the electoral college are electronic, the ballots referred to in § 1erParagraph 1ershall be distributed among the polling stations of the electoral canton referred to in article 14, paragraph 1erof the aforementioned Act of 23 March 1989.
By derogation from articles 31, § 4 and 33, paragraph 2, 3, (b), of the said Act, the chairs of the polling stations referred to in paragraph 1er, in the presence of other officers and witnesses, enter the votes in the electronic system and mention this operation in the minutes of the office.
At the end of this operation, the ballots are placed under sealed envelope which is attached to the minutes referred to in section 13.
Art. 34. The Minister of the Interior adapts, if any, instructions for the elector regarding the elections referred to in section 30.
CHAPTER 10. - Transitional provision
Art. 35. The provisions of Chapter 7 apply to the College of Experts referred to in Article 5bis of the Act of 11 April 1994 organizing the automated vote as long as the automated voting systems described in this Act are still used in one or more communes of the Kingdom during the election of the members of the House of Representatives, the European Parliament and the Parliaments of Community and Region.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 February 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 53-3229.
Full report: 9 January 2014.
Senate (www.senate.be):
Documents: 5-2435.
Annales du Senate: January 30, 2014.