Miscellaneous Provisions Act In Electoral Matters (1)

Original Language Title: Loi portant dispositions diverses en matière électorale (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

10 FEBRUARY 2014. - Act respecting various electoral provisions (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART II. - Institution and Population
CHAPTER 1er. - Amendments to the Electoral Code
Art. 2. In section 91, paragraph 1er, from the Electoral Code, last amended by the Act of 30 July 1991, the words "beginning with the chief court" are replaced by the words "these sections are gathered by commune of the canton's jurisdiction".
Art. 3. In section 95 of the same Code, last amended by the Act of 6 January 2014, the following amendments are made:
1° in § 3, the words "the results of the counting at the level of the canton" are replaced by the words "at the level of the canton the results of the counting carried out by commune forming part of the canton";
2° in § 8, the first sentence is supplemented by the words "and carry out their operations by commune being part of the canton".
Art. 4. In section 103, paragraph 1er, from the same Code, the words "It cannot be done the training of the office before" are replaced by the words "It must be done the training of the office at the latest".
Art. 5. In section 107, paragraph 8, of the same Code, last amended by the Act of 11 April 1994, the words "and, if any, the name of the spouse," are repealed.
Art. 6. In section 115 of the same Code, last amended by the Act of 6 January 2014, the last paragraph is repealed.
Art. 7. Article 116, § 4, of the same Code, as amended by the Act of 11 April 1994, paragraph 1er is replaced by the following:
"The act of presentation indicates, with respect to candidates, the name and surnames as mentioned in the National Register of Natural Persons, if any, the first name, attested by a notoriety certificate established by a justice of the peace or a notary, under which candidates wish to present themselves, the date of birth, sex, profession and principal residence. The same indications are, if any, referred to on the notice in respect of the submitting electors. The identity of the candidate, married or widowed, may be preceded or followed by the name of the deceased spouse or spouse."
Art. 8. In section 122 of the same Code, as amended by the Act of 16 July 1993, paragraph 2 is repealed.
Art. 9. In section 127, paragraph 2, of the same Code, last amended by the Act of January 6, 2014, the words ", the names of the candidates, in the form of the electoral ballot as determined below, as well as their names," are replaced by the words ", the names and names in which the candidates appear, in the form of the electoral ballot as determined below, as well as their names".
Art. 10. In Article 128, § 1er, of the same Code, last amended by the Act of 13 February 2007, paragraph 2 is supplemented by the following sentences:
"The name of each candidate is first mentioned on the bulletin and is printed in capital letters. The first name follows and, with the exception of the initial, is printed in tiny. ".
Art. 11. In section 143 of the same Code, as amended by the Act of 6 January 2014, paragraphs 4 and 5 are replaced by the following:
"The elector who, as a result of a disability, is unable to go alone in the isoloir or to express himself his vote, may, with the permission of the president, be accompanied by a guide or support. The name of both are mentioned in the minutes.
If an assessor or witness contests the reality or importance of the disability invoked, the board shall rule and its reasoned decision shall be recorded in the minutes."
Art. 12. In article 149 of the same Code, last amended by the law of 6 January 2014, the words "which must have been installed in the same commune of the canton" are inserted after the words "of different polling stations".
Art. 13. In Article 150, paragraph 1er, from the same Code, replaced by the Act of 5 July 1976, the words "to a random draw to designate the polling stations whose ballots will be depopulated by each counting office" are replaced by the words ", for each municipality of the canton separately, to a random draw to designate the polling stations organized in the same commune whose ballots will be stripped by a particular counting office".
Art. 14. In section 161 of the same Code, last amended by the Act of 6 January 2014, the following amendments are made:
1° in paragraph 5, the words "Result of the counting of ballots received in offices nbones..." are replaced by the words "Result of the counting of the ballots received in the offices nbones... from the commune";
2° in paragraph 8, the words "by detachment office" are replaced by the words "by common and by detachment office".
CHAPTER 2. - Amendments to 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
Art. 15. In Article 9 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, last amended by the Law of 27 March 2006, the last paragraph is repealed.
Art. 16. Article 11, § 1erin the same Act, as amended last by the Act of April 14, 2009, the following amendments are made:
1° in paragraph 3, the sentence "The act of presentation shall indicate the name, first names, date of birth, sex, profession and principal residence of the candidates and, if any, of the electors who present them." shall be replaced by the phrases "The act of presentation shall indicate, with regard to the candidates, the name and first names as mentioned in the National Register of Natural Persons, if any, the name, certified by a registered person The same indications are, if any, referred to on the notice in respect of the submitting electors. ";
2° in paragraph 3, the words "The identity of the woman-candidat, married or widow, may be preceded by the name of her deceased spouse or husband" are replaced by the words "The identity of the candidate, married or widowed, may be preceded or followed by the name of her deceased spouse or spouse".
Art. 17. In Article 13, § 2, paragraph 2, of the same Law, the words ", the names of the candidates, in the form of the ballot as determined in Article 18 of the Special Law and Article 14 of this Law, as well as their names," are replaced by the words ", the names and names under which the candidates present themselves, in the form of the ballot as determined in Article 18".
Art. 18. Section 14, § 2, paragraph 2, of the Act, replaced by the Act of April 14, 2009, is supplemented by the following:
"The name of each candidate is first mentioned on the bulletin and is printed in capital letters. The first name follows and, with the exception of the initial, is printed in tiny. ".
Art. 19. Article 19, § 1erin the same Act, as amended last by the Act of April 14, 2009, the following amendments are made:
1° in paragraph 5, the words "Results of the counting of ballots received in offices nbones..." are replaced by the words "Results of the counting of ballots received in offices nbones... from the commune";
2° in paragraph 8, the words "by detachment office" are replaced by the words "by common and by detachment office".
CHAPTER 3. - Amendments to the Act of 6 July 1990 regulating the election of the Parliament of the German-speaking Community
Art. 20. In Article 11 of the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the German-speaking Community, last amended by the Act of 14 April 2009, the following amendments are made:
1° in § 2, paragraph 3, the words "the results of the counting at the levels of both the Township of Eupen and the entire electoral district" are replaced by the words ", at the levels of both the Township of Eupen and the entire electoral district, the results of the counting carried out by commune";
2° in § 3, paragraph 3, the words "the results of the counting at the level of the canton of Saint-Vith" are replaced by the words "at the level of the canton of Saint-Vith the results of the counting carried out by commune being part of this canton".
Art. 21. In Article 12, § 2, paragraph 1er, from the same law, the words "beginning with the capital" are replaced by the words "these sections are gathered by commune of the canton's jurisdiction".
Art. 22. In article 14, § 3 of the same law, last amended by the law of 16 July 1993, the first sentence is supplemented by the words "and carry out their operations by commune forming part of the canton" are added.
Art. 23. In Article 20, § 3, of the same Act, last amended by the Act of 27 March 2006, the last paragraph is repealed.
Art. 24. Section 22, paragraph 3, of the Act, as amended by the Act of 11 April 1994, is replaced by the following:
"The act of presentation indicates, with respect to candidates, the name and surnames as mentioned in the National Register of Natural Persons, if any, the first name, attested by a notoriety certificate established by a justice of the peace or a notary, under which candidates wish to present themselves, the date of birth, sex, profession and principal residence. The same indications are, if any, referred to on the notice in respect of the submitting electors. The identity of the candidate, married or widowed, may be preceded or followed by the name of the deceased spouse or spouse."
Art. 25. In Article 25, § 2, paragraph 2, of the same Law, the words ", the names of the candidates, in the form of the ballot as determined in Article 26, as well as their names," are replaced by the words ", the names and names under which the candidates are presented, in the form of the ballot as determined in Article 26, as well as their".
Art. 26. Article 26, § 2, paragraph 2, of the Act, as amended by the Act of 14 April 2009, is supplemented by the following:
"The name of each candidate is first mentioned on the bulletin and is printed in capital letters. The first name follows and, with the exception of the initial, is printed in tiny. ".
Art. 27. In section 38 of the Act, the following amendments are made:
1° in § 1er, the words "that must have been installed in the same commune of the canton" are inserted after the words "of different polling stations";
2° in § 2, paragraph 1er, the words "to a random draw to designate the polling stations whose ballots will be stripped by each counting office" are replaced by the words ", for each commune of the canton separately, to a random draw to designate the polling stations organized within the same commune whose ballots will be stripped by a particular counting office".
Art. 28. Article 42, § 1erin the same Act, as amended last by the Act of April 14, 2009, the following amendments are made:
1° in paragraph 5, the words "Results of the counting of ballots received in offices nbones..." are replaced by the words "Results of the counting of ballots received in offices nbones... from the commune";
2° in paragraph 8, the words "by detachment office" are replaced by the words "by common and by detachment office".
CHAPTER 4. - Amendments to the ordinary law of 16 July 1993 to complete the federal structure of the State
Art. 29. In article 11 of the ordinary law of 16 July 1993 to complete the federal structure of the State, last amended by the law of 6 January 2014, the last paragraph is repealed.
Art. 30. In section 14, of the Act, last amended by the Act of April 14, 2009, the following amendments are made:
1° in paragraph 3, the sentence "The act of presentation shall indicate the name, first names, date of birth, sex, profession and principal residence of the candidates and, if any, of the electors who present them." shall be replaced by the phrases "The act of presentation shall indicate, with regard to the candidates, the name and first names as mentioned in the National Register of Natural Persons, if any, the name, certified by a registered person The same indications are, if any, referred to on the notice in respect of the submitting electors. ";
2° in paragraph 3, the sentence "The identity of the woman-candidat, married or widow, may be preceded by the name of her deceased spouse or husband." is replaced by the phrase "The identity of the candidate, married or widowed, may be preceded or followed by the name of her deceased spouse or spouse."
Art. 31. In Article 16, § 2, paragraph 2, of the same Law, the words ", the names of the candidates, in the form of the ballot as determined in Article 17, as well as their first names," are replaced by the words ", the names and names under which the candidates present themselves, in the form of the ballot as determined in Article 17, as well as their".
Art. 32. Article 17, § 2, paragraph 2, of the Act, as amended by the Act of 14 April 2009, is supplemented by the following:
"The name of each candidate is first mentioned on the bulletin and is printed in capital letters. The first name follows and, with the exception of the initial, is printed in tiny. ".
Art. 33. Article 22, § 1erin the same Act, as amended last by the Act of April 14, 2009, the following amendments are made:
1° in paragraph 5, the words "Result of the counting of ballots received in offices nbones..." are replaced by the words "Result of the counting of the ballots received in the offices nbones... from the commune";
2° in paragraph 8, the words "by detachment office" are replaced by the words "by common and by detachment office".
CHAPTER 5. - Amendments to the Act of 11 April 1994 organizing automated voting
Art. 34. Article 7, § 3, paragraph 3, of the Act, as amended by the Act of 13 February 2007, is supplemented by the following:
"The name of each candidate is first mentioned on the screen and is written in capital letters. The first name follows and, with the exception of the initial, is written in tiny. ".
Art. 35. In Article 11 of the Act, amended by the Act of 19 March 1999, the words ", of the commune" are replaced by the words "and of the commune".
Art. 36. In section 16 of the Act, amended by the Act of 18 December 1998, the words "Ministry of the Interior" are replaced by the words "Federal Internal Public Service".
Art. 37. Article 17, § 2, paragraph 1erin the same Act, as amended by the Act of 19 February 2003, the following amendments are made:
1° the first sentence is supplemented by the words ", which verifies the consistency of these documents with the ballots that are used in its jurisdiction if that is the case";
2° the words "Each president" are replaced by the words "Each president or the person it designates".
Art. 38. In section 20, paragraph 1er, of the same law, as amended by the law of 12 August 2000, the words "of voting census" are replaced by the words "of voting census for the whole canton divided by commune".
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 10 February 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
The Minister of Social Affairs,
Ms. L. ONKELINX
The Secretary of State for Social Affairs,
Families and Persons with Disabilities,
Ph. COURARD
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) House of Representatives
(www.lachambre.be)
Documents: 53-3225.
Full report: 9 January 2014.
Senate (www.senate.be):
Documents: 5-2434.
Annales du Senate: January 30, 2014.