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19 JULY 2012. - An Act to amend the Electoral Code with respect to the vote of Belgians abroad (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Electoral Code
Art. 2. Section 180, paragraph 2, of the Electoral Code, inserted by the Act of 7 March 2002, is replaced by the following:
"People referred to in paragraph 1^er register as an elector in one of the following municipalities:
1° the Belgian commune in which the person was last registered in the registers of the population;
2° in default, the Belgian commune of the place of birth;
3° in default, the Belgian commune in which the father or mother of the person is registered or has been registered in the last place in the registers of the population;
4° in default, the Belgian commune in which a parent up to the third degree is registered or was last registered in the registers of the population or the Belgian commune in which an ascendant is born, is registered or has been registered in the registers of the population. »
Art. 3. In section 180bis of the same Code, inserted by the Act of 7 March 2002, the following amendments are made:
1° § 1^er is replaced by the following:
« § 1^er. Upon enrolling in the registers of the population held in Belgian diplomatic or consular positions abroad, the Belgian diplomatic or consular post shall give the Belgian a registration application form, the model of which is fixed by the King.
He also submits this form to any Belgian registered in the register of the population upon request. The letter to which the form is attached is signed by the head of the diplomatic or consular post.
Between the first day of the ninth month and the first day of the sixth month prior to the date fixed for the regular renewal of the Legislative Chambers, each diplomatic or consular career post shall transmit to the Belgians registered in the Chamber a registration application form, except in the following cases:
1° the Belgian is already registered in a municipality of registration;
2° it has already been registered in a registration commune and has not voted although it has been invited to do so in accordance with Chapter II of this title;
3° he did not reply to the letter referred to in article 180s, § 1^erParagraph 1^er, during the previous legislative elections and did not re-enrol in time to exercise its right to vote in the last legislative elections; in that case, by derogation from paragraph 2, the Belgian is registered again only if it can attest to his residence in the electoral district of the position.
If the Belgian is to be registered in one of the municipalities referred to in section 180, paragraph 2, 1°, 2° or 3°, the form indicates its registration commune. However, if the Belgian is to be registered in a commune in accordance with article 180, paragraph 2, 3, and his father or mother has had his last registration in the registers of the population of different Belgian communes, the Belgian is invited to indicate in which of these two communes he wishes to be registered.
If the Belgian is to be registered in a municipality referred to in section 180, paragraph 2, 4°, it shall indicate the municipality for which it may attest, by all means of law, one of the kinship links referred to in that provision. »;
2° § 2 is replaced by the following:
“§2. The Belgian indicates on the form referred to in § 1^er the way in which he intends to exercise his right to vote. »;
3° § 3 is replaced by the following:
“§3. The Belgian resident abroad shall file in person or send by mail to the diplomatic or consular post in which he or she is registered, the completed, dated and signed form and, where applicable, the evidence that he or she must be registered in a commune referred to in section 180, paragraph 2, 4°.
This application applies to the participation of the Belgian in any legislative election that will take place on the first day of the fourth month following the filing of the form, as long as the Belgian remains registered in the population register of the same diplomatic or consular career post. »;
4° in § 4, paragraph 1^er and 2 are replaced by the following:
"After the verification of the conditions of the electorate in the head of the applicant, pursuant to section 180, paragraph 5, the diplomatic or consular posts shall indicate the municipality referred to in section 180, paragraph 2, and the method of voting chosen in the consular register of the population.
In the event that the form indicates a municipality referred to in section 180, paragraph 2, 4°, diplomatic or consular career posts transmit this form and its annexes, via the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation, to that municipality, in the month of receipt of the form. Upon receipt of the form, the Collège des bourgmestre et échevins or the Collège communal checks whether the Belgian must be registered in its commune in accordance with article 180, paragraph 2, 4°. If not, the College of Bourgmestre and Echevins or the Community College shall notify the person concerned in writing through the diplomatic or consular career position. The latter withdraws the mention of the municipality of registration in the consular register of the population. »;
5° in § 5, the following amendments are made:
(a) in paragraph 1^er, the words "specified the wish of" are replaced by the word "should";
(b) Paragraph 2 is replaced by the following:
" Within thirty days of receipt of this notification or, within thirty days of receipt of the notification referred to in § 4, paragraph 2, the interested party may file a claim in writing before the College of Bourgmestre and Echevins or the communal college of the commune in which it must be registered as an elector. »;
6° it is inserted a § 5bis written as follows:
“§ 5bis. If after registration, the Belgian wishes to amend the manner in which he intends to exercise his right to vote, he or she shall file an application in person or by mail to the diplomatic or consular post. This amendment applies to any legislative election that will take place on the first day of the fourth month following that application. »
Art. 4. In section 180ter, paragraph 1^er, of the same Code, inserted by the law of March 7, 2002, the words "chosen by the" are replaced by the words "subscribed by the".
Art. 5. In section 180quater of the same Code, inserted by the Act of 7 March 2002, the following amendments are made:
1° in § 1^erthe words "annexed to the form referred to in section 180bis" are replaced by the words "whose model is fixed by the King. »;
2° § 3 is supplemented by the following sentence:
"This power of attorney must reach the municipality of registration at least twenty days before the elections. »
Art. 6. In section 180quinquies of the same Code, inserted by the Act of 7 March 2002 and amended by the Act of 13 February 2007, the following amendments are made:
1° in § 1^er, the words "selected by" are replaced by the words "registration of";
2° in § 2, paragraphs 3 and 4 are replaced by the following:
"Diplomatic or career consular posts organize the election on Wednesday before the day of the election on the territory of the Kingdom, from 1 p.m. to 9 p.m., local time. »;
3° in § 3, the following amendments are made:
(a) paragraph 1^er is repealed;
(b) § 3 is supplemented by a paragraph written as follows:
"A copy of the statement of electors referred to in section 146 is forwarded to the Chief of Diplomatic or Career Consular. The latter withdraws from the consular register of the population the mention of the municipality of registration of the electors concerned. »;
4° § 4 is replaced by the following:
Ҥ4. The King sets out the list of diplomatic or consular career posts responsible for the counting of the ballots of Belgians residing abroad who have opted to vote in person in diplomatic or consular career posts. The King designates diplomatic or consular career posts whose votes will be depopulated in this regional office.
The regional counting office consists of a president, eight assessors and a secretary.
The regional counting office is chaired by the head of the diplomatic or consular post where the regional counting office is established.
Members of the regional counting office shall be appointed from among staff of diplomatic or consular career posts where votes will be recorded. »;
5° § 5 is replaced by the following:
Ҥ 5. The regional counting office proceeds to count on the Saturday preceding the day for election in the territory of the Kingdom.
Upon the closure of the polling stations established in diplomatic or consular career posts, the ballots shall be transmitted by the person designated for that purpose by the chair of the office to the regional counting office.
The ballots are kept under closed envelope until the debris operations begin.
The ballots must be sent to the regional counting office no later than Friday preceding the day fixed for the election in the territory of the Kingdom.
Bulletins that reach the regional counting office beyond the time limit set out in paragraph 4 are not taken into account and are destroyed by the president of the regional counting office. »;
6° in § 6, the following amendments are made:
(a) in paragraph 1^erthe word "special" is replaced by the word "regional";
(b) in paragraph 2, the words "by electronic means" are inserted between the words "foreign persons" and the words "by the president";
(c) in paragraph 2, the word "special" is each time replaced by the word "regional";
(d) in paragraph 2, the words "or persons designated for that purpose" are repealed;
7° in § 7, the word "special" is replaced by the word "regional".
Art. 7. In section 180sexies of the same Code, inserted by the Act of 7 March 2002, the following amendments are made:
1° in § 1^erthe words "annexed to the form referred to in section 180bis" are replaced by the words "whose model is fixed by the King. »;
2° § 3 is supplemented by the following sentence:
"This power of attorney must reach the diplomatic or consular post at least twenty days before the elections. »;
3° § 5 is supplemented by a paragraph, which reads as follows:
"A copy of the statement of electors referred to in section 146 is forwarded to the Chief of Diplomatic or Career Consular. The latter withdraws from the consular register of the population the mention of the municipality of registration of the electors concerned. "
Art. 8. In section 180septies of the same Code, inserted by the Act of 7 March 2002 and amended by the Act of 13 February 2007, the following amendments are made:
1° in § 1^er, three paragraphs written as follows are inserted before paragraph 1^er :
"In the course of the sixth month preceding the day of the ordinary meeting of the electoral colleges determined in section 105, it is sent by the diplomatic or career consular post to the Belgians who are registered in the register of the population and who, in the previous legislative elections, have chosen to vote by correspondence, a letter asking them to confirm their registration on the list of electors and to specify the chosen method of voting.
In the absence of a response to this letter within thirty days of its receipt, the diplomatic or consular career post shall withdraw from the consular register of the population the mention of the registration commune.
In the cases provided for in section 106, the mail referred to in paragraph 1^er is sent on the day of publication to the Belgian Monitor of the Royal Decree fixing the date of the election. In such cases, in the absence of a response to this letter within twenty days of its receipt, the diplomatic or consular career post shall withdraw from the consular register of the population the mention of the registration commune. »;
2° in § 4, a paragraph written as follows is inserted between paragraphs 1^er and 2:
"A copy of the statement of electors referred to in section 146 is transmitted by the President of the Principal Office to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation. The latter ensures the withdrawal of the mention of the voter registration commune in the consular registers of the population by diplomatic or consular career posts. »
Art. 9. Article 209 of the same Code, as amended by the laws of 5 July 1976 and 18 July 1991, is supplemented by a paragraph written as follows:
"When it comes to Belgians registered in the consular registers of the population, the list of these electors is transmitted by the King's Attorney to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation. The latter ensures the withdrawal of the mention of the municipality of registration of the electors concerned in the consular registers of the population by diplomatic or consular career posts. »
CHAPTER 3. - Entry into force
Art. 10. During the coming into force of this Act, Belgian diplomatic or consular posts send each Belgian registered in the register of the population and who meets the conditions of the electorate referred to in Article 1^er of the Electoral Code, the application form referred to in section 180bis, § 1^erSame code. The letter to which the form is attached is signed by the head of the diplomatic or consular post.
Art. 11. Article 180bis, § 1^er, paragraph 3, of the Electoral Code, as replaced by Article 3, comes into force on the day of elections for the European Parliament that follow the publication of this Law to the Belgian Monitor.
Art. 12. Article 8, 1°, comes into force on the day of elections for the European Parliament following the publication of this law to the Belgian Monitor.
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, 19 July 2012.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
Minister of Foreign Affairs,
D. REYNDERS
The Minister of the Interior,
Ms. J. MILQUET
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
House of Representatives.
Documents. - Bill by Mr. Bacquelaine and Mr. Dewael, Ms. Gerkens, Mr. Giet and Mr. Lutgen, Ms. Temmerman and Mr. Terwingen and Mr. Van Hecke, 53-2139 - No. 1. - Opinion of the Council of State, 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 and transmitted to the Senate, 53-2139 - No. 6.
Full report. - 20-21 June 2012.
Senate.
Documents. - Project transmitted by the House of Representatives, 5-1672 - No. 1. - Amendments, 5-1672 - No. 2. - Report, 5-1672 No. 3. - Text corrected by commission, 5-1672 - No. 4. - Text adopted in plenary and subject to Royal Assent, 5-1672 - No. 5.
Annales. - 10 and 12 July 2012.