Law Amending The Law Of 19 May 1994 On Limitation And Control Of Electoral Expenditure Incurred For The Election Of The European Parliament And Amending The Act Of 19 May 1994 Governing The Electoral Campaign, The Limitation And The Decl

Original Language Title: Loi modifiant la loi du 19 mai 1994 relative à la limitation et au contrôle des dépenses électorales engagées pour l'élection du Parlement européen et modifiant la loi du 19 mai 1994 réglementant la campagne électorale, concernant la limitation et la décl

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014000028&caller=list&article_lang=F&row_id=900&numero=974&pub_date=2014-01-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-31 Numac: 2014000028 Interior FEDERAL PUBLIC SERVICE 6 January 2014. -Act to amend the Act of 19 May 1994 on limitation and control of electoral expenditure incurred for the election of the European Parliament and amending the Act of 19 May 1994 regulating the election campaign, concerning the limitation and declaration of election expenses for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking community , and laying down the control test of the official communications of the public authorities PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the Act of 19 May 1994 on limitation and control of electoral expenditure incurred for the election of the Parliament European art.
2A in article 1 of the law of 19 May 1994 on limitation and control of electoral expenditure incurred for the election of the European Parliament, as last amended by the law of March 12, 2009, the following changes are made: 1 ° in the paragraph 1, 1 °, the words "for the elections of the Federal houses" are replaced by the words "for the election of the House of representatives";
2 ° 1st paragraph is completed with a 6 ° as follows: "6 ° undertaking: any natural person or legal person operating sustainably economic purpose, including its associations.";
3 ° in paragraph 3, the words "of the Federal houses" are replaced by the words "of the House of representatives".
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3. article 2, § 4, of the Act is repealed.
S. 4. in article 4, § 1, of the Act, the word "three" is replaced by the word "four".
S. 5. in article 4a of the Act, as last amended by the law of March 27, 2006, the words "article 4bis" are replaced by the words "articles 14/2-14/4".
S. 6a article 5, § 1, of the Act, as last amended by the law of March 12, 2009, the following changes are made: 1 ° in the introductory sentence, the word "three" is replaced by the word "four";
2 ° in 5 °, the words "or paid posts on the internet" are repealed;
3 ° paragraph is completed with a 6 ° as follows: "6 ° cannot receive sponsorship amount or the value of the products by sponsor exceeds the sum of 2,000 euros.".
S. 7 A section 6 of the Act, as amended by the law of March 27, 2006, the following changes are made: 1 ° in the paragraph 1, 3 °, the word "two" is replaced by the word "five";
2 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: ' provided that sponsorship is mentioned in their declaration of the origin of the funds, they also undertake to register the identity of companies, de facto associations and legal persons which, to the financing of election expenses, have been a sponsorship from 125 euros and more " , and communicated, within 45 days following the date of the elections, in accordance with the procedure referred to in paragraph 1, 2 °. ";
3 ° in the paragraph 3, becoming in paragraph 4, the words "article 2" are replaced by the words "paragraphs 2 and 3".
S. 8. in article 7, paragraph 2, 1 °, of the Act, as amended by the Act of April 25, 2004, the words "on the limitation and control of electoral expenditure for the elections of the Federal Chambers, as well as the financing and open accounting of political parties" are repealed.
S. 9. article 7bis, first sentence, of the Act, inserted by the Act of April 25, 2004, is replaced by the following: "the president of the Control Commission shall immediately send to the Court of Auditors, by registered mail, a copy of the reports which have been made in accordance with article 94ter, § 2, of the electoral Code by loading to make" in application of article 1, 5 °, paragraph 2, within a period of one month, a notice regarding the accuracy and completeness of these reports. "."
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10. in article 8 of the same Act, replaced by the Act of April 25, 2004, § 3 is replaced by the following: "§ § 3 3" The president of the House of representatives shall immediately send a copy of the report, by registered, as the case, the political party or person with respect to which the commission has taken the decision referred to in § 2, paragraph 1.
It shall also promptly transmit a copy of the report to services of the Moniteur belge, who publish in the annexes of the Moniteur belge within thirty days of its receipt. "."
S. 11. article 9 of the Act, as last amended by the law of March 12, 2009, is replaced by the following: 'article
9 § 1. If a party fails to file a return or late files a statement of election expenses and the origin of the funds which have been affected, the Control Commission deals to the political party concerned the following penalties: 1 ° an administrative fine of 1.000 euros per day of delay, up to a maximum of 30,000 euros.
2 ° If the declaration is not received after 30 days: before the allocation referred to in article 15 of the Act of 4 July 1989, until the receipt of the declaration.
§ 2. If the declaration of a political party from his election expenses and the origin of the funds which have been affected is incorrect or incomplete, the Control Commission may impose the following penalties: 1 ° a warning with a request to correct or complete data within 15 days;
2 ° If, upon the expiry of fifteen days of the receipt of the warning, no patch has been received:-an administrative fine of 1,000 euros per day of delay, up to a maximum of 30,000 euros.
-in case the patch would have not been received after thirty days of delay additional: before the allocation referred to in article 15 of the Act of 4 July 1989 until the receipt of the patch.

§ 3. Overflow of the authorized maximum amount referred to in article 2 § 1, the Control Commission deals to the political party concerned an administrative penalty equal to the excess, however with a minimum of 25,000 euros and a maximum corresponding to four times the monthly allocation referred to in article 15 of the Act of 4 July 1989.
§ 4. In the event of violation of article 2, § 1, paragraph 3 or 4, or of any subdivision of section 5, § 1, the Control Commission may impose on the political party concerned one of the following penalties:-a warning;
-an administrative fine of 1,000 euros to 250,000 euros. In case of recidivism, the administrative fine is doubled.
§ 5. Under this section, the Control Board statue in the respect of the rights of the defence. "."
S. 12A section 10 of the Act, as last amended by the law of March 12, 2009, the following changes are made: 1 ° the § 1, 3 °, is replaced by the following: "3 ° anyone who has failed to declare his election expenses or the origin of the funds within the time limit under article 116, § 6, of the electoral Code, or shall have a statement deliberately incomplete or deliberately incorrect;";
2 ° in the § 1, 4 °, the word "three" is replaced by the word "four".
S. 13. in article 11 of the same Act, as last amended by the Act of April 25, 2004, a paragraph worded as follows is inserted between paragraphs 2 and 3: "each donation of 125 euros and more is transmitted electronically by means of a transfer, a standing order or a bank or credit card." The total amount of donations in cash by one and the same person cannot exceed 125 euros per year. "."
S. 14. in the same Act, it is inserted an article 11/1, as follows: "article 11/1. Companies, de facto associations and legal persons may, by way of sponsorship, i.e. in return for an advertisement, put funds or products at the disposal of political parties and their components, their lists, their candidates and their political representatives, provided that they comply with the price of the market. The identity business, de facto associations and corporations who made a sponsorship from 125 euros and more, in any form whatsoever, to the political parties, their components, lists, candidates and politicians, is recorded each year, without prejudice to the registration requirement referred to in article 6, paragraph 3, of this law and article 116, § 6 , paragraph 3, of the electoral Code. "."
To a maximum of double the amount of the sponsorship, the political party that accepts a sponsorship in breach of this provision loses her right to staffing which, under Chapter III of the Act of 4 July 1989 would be allocated to the institution referred to in article 22 of the same Act for months following the finding of the infringement by the Commission of control.
That, in violation of this provision, will be making a sponsorship to a political party, one of its components - regardless of its legal form-, a list, a candidate or an agent policy or who, as candidate or agent policy has accepted a sponsorship, will be punished with a fine of EUR 26 to EUR 100,000. Those who, without being a candidate or political agent, has accepted such sponsorship in the name and on behalf of a political party, a list, a candidate or a political agent shall be punished by the same penalty.
Book 1 of the penal Code, including chapter

VII and article 85 is applicable to these offences.
If the Court so directs, the judgment may be published fully or extract in newspapers and weekly newspapers it designates. "."
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15. in article 11bis of the Act, as last amended by the Act of April 25, 2004, "6 and 11" shall be replaced by the words "6, 11 and 11/1" and the words "paragraph 2" shall be replaced by the words "paragraphs 2 and 3".
CHAPTER 3. -Amendments to the Act of 19 May 1994 regulating the election campaign, on the limitation and declaration of election expenses for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking community, and laying down control of the official of the public authorities article communications test 16 in article 1 of the law of 19 May 1994 regulating the election campaign, on the limitation and declaration of election expenses for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking community, and laying down the criterion of control of official government communications, as amended by the law of March 27, 2006 (, the following changes are made: has) in the 1 ° "for the elections of the Federal Chambers" shall be replaced by the words "for the election of the House of representatives";
(b) article is supplemented by a 6 ° as follows: "6 ° undertaking: any natural person or legal person operating sustainably economic purpose, including his associations.".
S. 17. article 2, § 7, of the Act, renumbered by Act of March 2, 2004, is repealed.
S. 18. in article 4, § 1, of the Act, the word "three" is replaced by the word "four".
S.
19. in article 4a of the Act, as last amended by the law of March 27, 2006, the words "article 4bis" are replaced by the words "articles 14/2-14/4".
S. 20. at article 5, § 1, of the Act, as last amended by the law of March 12, 2009, the following changes are made: 1 ° in the introductory sentence, the word "three" is replaced by the word "four";
2 ° in 5 °, the words "or paid posts on the Internet" are repealed;
3 ° paragraph is completed with a 6 ° as follows: "6 ° cannot receive sponsorship amount or the value of sponsor products exceeds the sum of EUR 2,000.".
S. 21A article 6 of the Act, as amended by the law of March 27, 2006, the following changes are made: 1 ° in the paragraph 1, 3 °, the word "two" and replaced by the word "five";
2 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: ' provided that sponsorship is mentioned in their declaration of the origin of the funds, they also undertake to register the identity of companies, de facto associations and legal persons which, to the financing of election expenses, have been a sponsorship from 125 euros and more " , and communicated, within 45 days following the date of the elections, in accordance with the procedure referred to in paragraph 1, 2 °. ";
3 ° in the paragraph 3, becoming in paragraph 4, the words "article 2" are replaced by the words "paragraphs 2 and 3".
S.
22. in article 7, paragraph 2, 4 °, of the same Act, inserted by the Act of April 25, 2004, the words "on the limitation and control of electoral expenditure for the elections of the Federal Chambers, as well as funding and open political parties accounting" are repealed.
S.
23. article 10, § 1, 3 °, of the same Act, replaced by the law of 25 June 1998, is replaced by the following: "3 ° anyone who has failed to declare his election expenses or the origin of the funds within the time limit under article 116, § 6, of the electoral Code, or will have made a deliberately incomplete statement or deliberately incorrect;".
S. 24. in article 11 of the same Act, as last amended by the Act of April 25, 2004, a paragraph worded as follows is inserted between paragraphs 2 and 3: "each donation of 125 euros and more is transmitted electronically, by means of a transfer, a standing order or a bank or credit card." The total amount of donations received cash of one and the same person cannot exceed 125 euros per year. "."
S.
25. in the same Act, it is inserted an article 11/1, as follows: "article 11/1. Companies, de facto associations and legal persons may, by way of sponsorship, i.e. in return for an advertisement, put funds or products at the disposal of political parties and their components, lists, candidates and political representatives, provided that they comply with the price of the market. The identity business, de facto associations and corporations that donated 125 euros and more, in any form whatsoever, in political parties, their components, lists, candidates and politicians, is recorded each year, without prejudice to the registration requirement referred to in article 6, paragraph 3, of this Act and section 116, § 6, paragraph 3 of the electoral Code.
To a maximum of double the amount of the sponsorship, the political party that accepts a sponsorship in breach of this provision loses her right to staffing which, under Chapter III of the Act of 4 July 1989 would be allocated to the institution referred to in article 22 of the same Act for months following the finding of the infringement by the Commission of control.
That, in violation of this provision, will be making a sponsorship to a political party, one of its components - regardless of its legal form-, a list, a candidate or an agent policy or who, as candidate or agent policy has accepted a sponsorship, will be punished with a fine of EUR 26 to EUR 100,000. Those who, without being a candidate or political agent, has accepted such sponsorship in the name and on behalf of a political party, a list, a candidate or a political agent shall be punished by the same penalty.
Book 1 of the penal Code, including Chapter VII and article 85, shall apply to these offences.
If the Court so directs, the judgment may be published fully or extract in newspapers and weekly newspapers it designates. "."
S.
26A article 11bis of the Act, as amended by the Act of April 25, 2004, the following changes are made: 1 ° in the first sentence, the words '6 and 11' are replaced by the words "6, 11 and 11/1" and the words "paragraph 2" shall be replaced by the words "paragraphs 2 and 3";
2 ° in the second sentence, the "11" is replaced by the words "6, 11 and 11/1".
CHAPTER 4. -Entry into force art. 27. the articles 4 to 7, 11 to 15, 18 to 21 and 23 to 26 come into force January 1, 2015.
Articles 2, 3, 8-10, 16, 17 and 22 come into force the day of the election of the parliaments of community and region in 2014.
Articles 1 and 27 come into force the day of the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 6 January 2014.
PHILIPPE by the King: the Prime Minister, E. DI RUPO the Minister of the Interior, Ms. J. MILQUET. the Secretary of State to institutional reforms, M. WATHELET Secretary of State institutional reform, S. VERHERSTRAETEN sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: complete record 53-2973: 28 November 2013.
Senate (www.senate.be): Documents: 5-2377.
Annals of the Senate: December 19, 2013.