Law Amending The Electoral Code, In Relation To The Vote Of The Belgians Abroad (1)

Original Language Title: Loi portant modification du Code électoral, en ce qui concerne le vote des Belges à l'étranger (1)

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Posted the: 2012-08-22 Numac: 2012000468 Interior FEDERAL PUBLIC SERVICE July 19, 2012. -Law amending the electoral Code, with regard to the vote of the Belgians abroad (1) ALBERT II, 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 77 of the Constitution.
CHAPTER 2. -Changes of Code electoral s. 2. article 180, paragraph 2, of the electoral Code, inserted by the law of March 7, 2002, is replaced by the following: "persons referred to in paragraph 1 of the register as a voter in one of the following: 1 ° the Belgian municipality in which the person was registered in last place in the registers of the population;
2 ° to default, the municipality of his birthplace;
3 otherwise, the municipality in which the father or mother of the person is registered or was registered in the records of the population;
4 ° to default, the municipality Belgian in which a relative up to the third degree is registered or has been registered in the registers of the population or the municipality in which an ascendant was born, is registered or was registered in the registers of the population. » Art. 3. in article 180bis of the Code inserted by the law of March 7, 2002, the following changes are made: 1 ° the § 1 is replaced by the following: "§ 1.» In his inscription in the registers of the population required in Belgian diplomatic or consular posts abroad, the diplomatic or consular post of Belgian career position presents the Belgian a registration application form which the model is determined by the King.
It also challenges this form to any Belgian entered in the register of the population who so requests. Mail to which is attached the form is signed by the Chief diplomatic or consular career.
Between the first day of the ninth month and the first day of the sixth month preceding the date fixed for the regular renewal of the legislative chambers, each diplomatic or consular career post passes to the Belgians in its midst a form of application for registration except in the following cases: 1 ° the Belgian is already registered in a municipality of registration;
2 ° it has already been registered previously in a municipality of registration and has not voted although it was invited to do so in accordance with chapter II of this title;
3 ° it did not respond to the letter referred to in article 180septies, § 1, paragraph 1, in the avant-dernieres elections and is not re-registered in time for exercise its right to vote at the last general election; in this case, by way of derogation from paragraph 2, the Belgian is registered again if it can attest to his residence in the electoral district of the post.
If the Belgian must be registered in one of the municipalities referred to in article 180, paragraph 2, 1 °, 2 ° or 3 °, the form indicates the municipality of registration. However, if the Belgian must be registered in a municipality pursuant to article 180, paragraph 2, 3 °, and that his father or mother has had its last entry in the registers of the population of different Belgian communes, the Belgian is invited to indicate which of these two communes he wishes to be registered.
If the Belgian must be registered in a municipality referred to in article 180, paragraph 2, 4 °, it indicates the municipality for which it can attest, by all legal remedies, one of the ties of kinship covered by this provision.
»;
2 ° § 2 is replaced by the following: "§ § 2 2» The Belgian indicates on the form referred to the § 1 the mode that it intends to exercise its right to vote. »;
3 ° § 3 is replaced by the following: "§ § 3 3» The Belgian residing abroad files in person or returns by mail to the diplomatic post or consular career in which he is registered, the completed, dated and signed form and, where appropriate, elements attesting that it must be registered in a municipality referred to in article 180, paragraph 2, 4 °.
This registration is for the participation of the Belgian in any legislative election which will take place from the first day of the fourth month following the filing of the form, also long the Belgian remains recorded in the register of the population in the same position diplomatic or consular career. »;
4 ° in § 4, paragraphs 1 and 2 are replaced by the following: "after completing the verification of the conditions of the electorate in the head of the applicant, in accordance with article 180, paragraph 5, the diplomatic or consular posts indicate the municipality referred to in article 180, paragraph 2, and the method of voting chosen in the consular register of the population. ''
In the case where the form indicates a municipality referred to in article 180, paragraph 2, 4 °, diplomatic or consular posts shall transmit this form and its annexes, through the public Service federal Foreign Affairs, foreign trade and Development Cooperation, in this municipality, within one month of receipt of the form. Upon receipt of the form, the college of Mayor and aldermen or communal college checks if the Belgian must be actually registered in the municipality in accordance with article 180, paragraph 2, 4 °. Otherwise, the college of Mayor and aldermen or communal college shall notify its decision in writing to the person concerned through the diplomatic or consular post of career. It removes the reference to the municipality in the consular register of the population. »;
5 ° in § 5, the following changes are made: has) in paragraph 1, the words "expressed the wish to ' shall be replaced by the word"shall ";
(b) paragraph 2 is replaced by the following: 'Within thirty days of the receipt of such notification, or within thirty days of the receipt of the notification referred to in § 4 paragraph 2, the person concerned may introduce writing a claim before the college of Mayor and aldermen or communal college of the commune in which it must be registered as a voter.';
6 ° it is inserted a § 5A worded as follows: "§ 5a. '. If after enrolment, the Belgian wishes to change the mode that it intends to exercise its right to vote, he filed in person or by mail to the diplomatic or consular career position to which he is so registered a request to this effect. This amendment applies to any legislative election which will take place from the first day of the fourth month following this request. » Art. 4. in article 180B, paragraph 1, of the same Code, inserted by the law of March 7, 2002, the words "chosen by the» are replaced by the words" registration of ".
S. 5. in article 180quater of the Code inserted by the law of March 7, 2002, the following changes are made: 1 ° in the § 1, the words "annexed to the form referred to in article 180bis" are replaced by the words "in which the model is determined by the King.
»;
2 ° § 3 is supplemented by the following sentence: "this proxy must reach the municipality of registration at least twenty days before the election."
S. 6. in article 180quinquies of the Code inserted by the law of March 7, 2002 and amended by the law of 13 February 2007, the following changes are made: 1 ° in the § 1, the words ' chosen by the ' shall be replaced by the words "registration of";
2 ° in § 2, paragraphs 3 and 4 are replaced by the following: 'diplomatic or consular posts organize polling on Wednesday prior to the election day on the territory of the Kingdom, from 13 hours to 21 hours, local time.';
3 ° in § 3, the following changes are made: a) 1 paragraph is repealed;
(b) § 3 is supplemented by a paragraph worded as follows: "a copy of the statement of electors referred to in section 146 and passed to the head of post diplomatic or consular career. It removes in the consular register of the population the mention of the municipality concerned voter registration. »;
4 ° § 4 is replaced by the following: "§ § 4 4» The King establishes the list of diplomatic or consular posts responsible for the counting of the ballots of the Belgians resident abroad who have opted to vote in person in diplomatic or consular posts.
The King refers to diplomatic or consular posts whose votes will be counted in that regional office.
Counting regional office is composed of a president and eight assessors of a Secretary.
Counting regional office is chaired by the head of the diplomatic or consular career post where counting regional office is established.
The members of the regional office of counting are designated among the members of the staff of diplomatic or consular posts where the votes will be counted. »;
5 ° § 5 is replaced by the following: "§ § 5 5.» Counting regional office must conduct the recount Saturday preceding the day fixed for the election in the territory of the Kingdom.
Immediately after the close of polling stations set up in diplomatic or consular posts bulletins are transmitted by the person designated for that purpose by the president of the office in the regional office of counting.
Ballots are kept in closed envelope until the start of counting operations.
Ballots must be received by counting regional office no later than the Friday preceding the day fixed for the election in the territory of the Kingdom.
Newsletters that reach regional office of examination beyond the period provided for in paragraph 4 no

are not taken into account and are destroyed by the president of the regional office of counting. »;
6 ° in § 6, the following changes are made: a) in paragraph 1, the word "special" is replaced by the word "regional";
(b) in paragraph 2, the words "by electronic means" shall be inserted between the words "abroad are transmitted" and the words 'by the president';
(c) in paragraph 2, the word "special" is every time replaced by the word "regional";
(d) in paragraph 2, the words "or by whom it will be designated for this purpose," are repealed;
7 ° in the § 7, the word "special" is replaced by the word 'regional '.
S. 7. in article 180sexies, of the same Code, inserted by the law of March 7, 2002, the following changes are made: 1 ° in the § 1, the "annexed to the form referred to in article 180bis" shall be replaced by the words "of which the model is determined by the King.';
2 ° § 3 is supplemented by the following sentence: 'this proxy must reach the post diplomatic or consular career at least twenty days before the election.';
3 ° § 5 is supplemented by a paragraph, as follows: "a copy of the statement of electors referred to in section 146 and passed to the head of post diplomatic or consular career. It removes in the consular register of the population the mention of the municipality concerned voter registration. ».
S.
8. in article 180septies of the Code inserted by the law of March 7, 2002 and amended by the law of 13 February 2007, the following changes are made: 1 ° in the § 1, three paragraphs worded as follows shall be inserted before 1st paragraph: "in the course of the sixth month preceding the day of the ordinary meeting of the electoral colleges determined in article 105. It is sent through the diplomatic or consular career to Belgian citizens who are registered in the population register and who, in the previous elections, chose to vote by correspondence, a letter asking them to confirm their registration on the voters list and specify the chosen vote mode.
Absence of reply to this email within 30 days of its receipt, the diplomatic or consular career position removes in the consular register of the population the mention of the municipality of registration.
In the case provided for in article 106, mail referred to in paragraph 1 is sent the day of the publication in the Moniteur belge of stops it royal fixing the date of the election. In these cases, the absence of reply to this email within twenty days of its receipt, diplomatic or consular career position removes the mention of the municipality of registration in the consular register of the population. »;
2 ° in § 4, a paragraph worded as follows is inserted between paragraphs 1 and 2: "a copy of the statement of electors referred to in section 146 is transmitted by the president of the main office to the public Service federal Foreign Affairs, foreign trade and Development Cooperation." This ensures the removal of the reference to the municipality of voter registration concerned in consular registers of the population by the diplomatic or consular posts. » Art.
9. article 209 of the same Code, amended by the law of July 5, 1976 and July 18, 1991, is supplemented by a paragraph worded as follows: "when it comes to Belgian entered in consular registers of the population, these voters list is transmitted by the Prosecutor to public Service federal Foreign Affairs, foreign trade and Development Cooperation." This ensures the removal of the reference to the municipality of registration of voters involved in consular registers of the population through the diplomatic or consular posts. "CHAPTER 3. -Entry into force art.
10. on the entry into force of this Act, the Belgian diplomatic or consular posts shall send to each Belgian registered in the population register and who meets the conditions of the electorate referred to in article 1 of the electoral Code, the registration application form referred to in article 180bis, § 1, of the Code. Mail to which is attached the form is signed by the Chief diplomatic or consular career.
S. 11. article 180bis, § 1, paragraph 3, of the electoral Code, as replaced by article 3, comes into force the day of the elections to the European Parliament following the publication of this Act in the Moniteur belge.
S. 12. article 8, 1 ° enter into force the day of the elections to the European Parliament following the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 19, 2012.
ALBERT by the King: Prime Minister, E. DI RUPO. the Minister of Foreign Affairs, D. REYNDERS 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 (1) Session 2011-2012.
House of representatives.
Documents. -Law proposition of MM.
Babu and Dewael, Ms Gerkens, Messrs. Giet and Lutgen, Ms. Temmerman and Mr. Terwingen and Van Hecke, 53-2139 - No. 1. -Notice of the State Council, 53-2139 - No. 2. -Amendments 53-2139 - No. 3. -Report, 53-2139 - No. 4. -Text adopted by the commission, 53-2139 - No. 5. -Text adopted in plenary meeting and transmitted to the Senate, 53-2139 - No. 6.
Compte rendu intégral. -20 and June 21, 2012.
Senate.
Documents.
-Draft transmitted by the House of representatives, 5-1672 - No. 1. -Amendments 5-1672 - No. 2. -Report 5-1672 No. 3. -Corrected by the commission, 5-1672 - No. 4 text. -Text adopted at the plenary and subject to Royal assent, 5-1672 - No. 5.
Annals. -10 and July 12, 2012.

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