Act On The Various Changes Of The Electoral Code Of The Coordinated Acts Of July 18, 1966, On The Use Of Languages In Administrative Matters, The Act Of July 3, 1971 The Distribution Of Members Of The Legislative Chambers In Groups Lingui

Original Language Title: Loi portant diverses modifications du Code électoral, des lois coordonnées du 18 juillet 1966 sur l'emploi des langues en matière administrative, de la loi du 3 juillet 1971 relative à la répartition des membres des Chambres législatives en groupes lingui

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19 JULY 2012. - Act on various amendments to the Electoral Code, coordinated laws of 18 July 1966 on the employment of languages in administrative matters, the Act of 3 July 1971 on the distribution of members of the Legislative Chambers in linguistic groups and on various provisions concerning cultural councils for the French cultural community and for the Dutch cultural community and the Act of 23 March 1989 on the election of the European Parliament (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Electoral Code
Art. 2. Section 87 of the Electoral Code, replaced by the Act of 16 July 1993, is replaced by the following:
"Art. 87. The elections for the House of Representatives are by electoral district. Each province is an electoral district. The administrative district of Brussels-Capital is also an electoral district. The electoral districts are composed of one or more administrative districts, in accordance with the table annexed to this Code. »
Art. 3. In the table referred to in section 87 of the same Code, replaced by the laws of 16 July 1993 and 13 December 2002 and amended by the Royal Decree of 4 February 2003, the section relating to the "election constituencies of Brussels-Hal-Vilvorde, Louvain (Brabant Flemish) and Nivelles (Brabant Wallon)" is replaced by Appendix 1re to this Act.
Art. 4. In the same Code, an article 89ter is inserted as follows:
"Art. 89ter. For the election of the House of Representatives, electors registered on the list of electors of the municipalities of the electoral district of Rhode-Saint-Genesis have the power to vote in favour of either a list of the electoral district of Brussels-Capital or a list of the electoral district of the Flemish Brabant. »
Art. 5. In section 94 of the same Code, replaced by the Act of 5 July 1976, as amended by the ordinary Act of 16 July 1993, by the Royal Decree of 5 April 1994, by the Act of 13 December 2002, partially annulled by the Court of Arbitration Decision No. 73/2003 and amended by the Act of 14 April 2009, paragraph 5 is repealed.
Art. 6. Section 107ter of the same Code, inserted by the Act of 30 July 1991 and repealed by the Act of 7 March 2002, is reinstated in the following wording:
"Art. 107ter. A royal decree deliberated in the Council of Ministers, determines the special model of a letter of convocation to be sent to the electors referred to in section 89ter. »
Art. 7. In section 115 of the same Code, replaced by the Act of 5 July 1976, as amended by the ordinary Act of 16 July 1993, by the Act of 13 December 2002, partially annulled by the Court of Arbitration Decision No. 73/2003 and amended by the Act of 13 February 2007, the following amendments are made:
1° paragraphs 2 and 3 are repealed;
2° in paragraph 5, the second sentence is repealed.
Art. 8. In Article 118, paragraph 3, of the same Code, replaced by the Act of 13 December 2002, the words "Without prejudice to the provision provided for in Article 115, paragraph 3, null" are replaced by the word "No."
Art. 9. Section 127 of the same Code, as amended by the Act of 30 July 1991, by the ordinary Act of 16 July 1993, by the Royal Decree of 5 April 1994 and by the Acts of 13 December 2002 and 14 April 2009, is supplemented by a paragraph written as follows:
"In the electoral district of Rhode-Saint-Genesis, the lists of candidates appearing in the electoral district of Flemish Brabant and the lists of candidates appearing in the electoral district of Brussels-Capital. »
Art. 10. In section 128 of the same Code, the following amendments are made:
1° in paragraph 2, paragraph 4, replaced by the Act of 18 December 1998, the words "the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "the electoral district of Brussels-Capital";
2° paragraph 3, paragraph 1er, replaced by the Act of 18 December 1998, is supplemented by the words "in accordance with models IIa, IIb), IIc) and IIcbis" annexed to this Code;
3° Paragraph 3, replaced by the Act of 18 December 1998 and amended by the Act of 13 February 2007, is supplemented by three paragraphs as follows:
"The president of the main office of the electoral district of Brussels-Capital shall forthwith transmit a copy of the model of the ballot for the election of the House of Representatives to the president of the main office of the electoral district of Flemish Brabant.
The latter mentions on the ballots for the electoral district of Rhode-Saint-Genese, the lists of candidates presented in the main office of the electoral district of Brussels-Capital and those presented in the main office of the electoral district of Flemish Brabant.
For this purpose, the ballot shall be formulated in accordance with model IIcbis annexed to this Code. »
Art. 11. In section 128ter, § 2, paragraph 5, of the same Code, inserted by the law of 18 December 1998 and amended by the law of 27 March 2006, the words "the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "the electoral district of Brussels-Capital".
Art. 12. In the same Code are repealed:
1st section 132, as amended by the Act of 5 July 1976, by the ordinary Act of 16 July 1993, by the Royal Decree of 5 April 1994 and by the Act of 13 December 2002, partially annulled by the Court of Arbitration Decision No. 73/2003;
2° Article 133, amended by the laws of 17 March 1958, 16 July 1993 and 13 December 2002;
3° Article 134, replaced by the law of 17 May 1949 and amended by the law of 30 July 1991, by the ordinary law of 16 July 1993, by the royal decree of 5 April 1994 and by the law of 13 December 2002;
4° Article 135, amended by the law of 17 May 1949 and by the Royal Decree of 5 April 1994;
5° Article 136, amended by the laws of 17 March 1958 and 16 June 1970 and by the Royal Decree of 5 April 1994;
6° Article 137, as amended by the Act of 13 December 2002, partially annulled by Decision No. 73/2003 of 26 May 2003 of the Court of Arbitration.
Art. 13. In article 156 of the same Code, as amended by the Act of 16 July 1993, partially annulled by the Court of Arbitration Decision No. 90/94, and amended by the Act of 27 December 2000, the Act of 13 December 2002, partially annulled by the Court of Arbitration Decision No. 73/2003, and the Act of 14 April 2009, it is inserted a § 1er/1 to read:
« § 1er/1. For the election of the House of Representatives each counting office of the electoral district of Rhode-Saint-Genesis classifies the ballots containing votes in two categories:
1° the ballots that express a vote for a list of candidates from the electoral district of Flemish Brabant;
2° the ballots that express a vote for a list of candidates from the electoral district of Brussels-Capital.
In this electoral district, the model table referred to in Article 161, paragraph 2, is drawn in two copies: one copy mentions the results of the counting for the electoral district of Brussels-Capital and the second copy mentions the results of the counting for the electoral district of Flemish Brabant.
In the same electoral district, the main cantonal office similarly produces in two copies the summary table referred to in Article 161, paragraph 8.
All copies of the model table and the summary table referred to in paragraphs 2 and 3 are in Dutch. »
Art. 14. In section 161 of the same Code, as amended by the laws of 5 July 1976, 16 July 1993, 5 April 1995, 13 December 2002, 13 February 2007, and by the Royal Decree of 5 April 1994, a paragraph is inserted between paragraphs 11 and 12:
"The president of the main office of the canton of Rhode-Saint-Genesis transmits without delay via the digital channel, using the electronic signature issued by means of his identity card, respectively to the president of the main office of the electoral district of Flemish Brabant and to the president of the main office of the electoral district of Brussels-Capitale as well as to the Minister of the Interior the minutes of his office containing the corresponding summary table. A hard copy of the summary tables and the minutes is also transmitted to the president of the main office of the Flemish Brabant electoral district and to the president of the main office of the electoral district of Brussels-Capital. »
Art. 15. The title IV, chapter IVbis, of the same Code, inserted by the Act of 13 December 2002, in part cancelled by the Court of Arbitration Decision No. 73/2003, is replaced by the following:
"Chapter V. - The allocation of seats for the election of the Senate and for the election of the House of Representatives."
Art. 16. In section 165bis of the same Code, inserted by the law of 13 December 2002, partially annulled by decision No. 73/2003 of the Court of Arbitration, the first is replaced by the following:
"1° for the election of the House of Representatives, the lists that have obtained at least 5% of the overall total votes validly expressed in favour of the lists of candidates of the electoral district; "
Art. 17. The title IV, chapter V, of the same Code, inserted by the Act of 16 July 1993, is repealed.
Art. 18. In Title IV of the same Code, Chapter VI, inserted by the Act of 16 July 1993, comprising sections 169, replaced by the Act of 16 July 1993 and amended by the Act of 5 April 1995, 170, replaced by the Act of 16 July 1993 and amended by the Acts of 30 December 1993 and 5 April 1995, and 171, replaced by the Act of 16 July 1993 and amended by the Act of 13 December 2002, is repealed.
Art. 19. In section 175 of the same Code, replaced by the Act of 16 July 1993, the words "The provincial central office or main office of the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "The main office of the electoral district".
Art. 20. Section 176 of the same Code, replaced by the Act of 16 July 1993, is repealed.
Art. 21. In article 180quinquies, § 4, paragraph 6, of the same Code, inserted by the law of 7 March 2002 and replaced by the law of 13 February 2007, the words "the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "the electoral district of Brussels-Capital".
Art. 22. Section 180s, § 5, paragraph 4, of the same Code, inserted by the Act of 7 March 2002 and amended by the Act of 13 February 2007, is replaced by the following:
"The ballots of Belgian voters residing abroad in the electoral district of Rhode-Saint-Genesis for the election of the House of Representatives are stripped by the counting office designated by the president of the cantonal office of Rhode-Saint-Genesis. »
Art. 23. In the annexes to the same Code, the model IIcbis is included in annex 2 to this Act.
CHAPTER 3. - Amendment of coordinated laws of 18 July 1966
on the Use of Languages in Administrative Matters
Art. 24. In Article 3, § 2, coordinated laws of 18 July 1966 on the use of languages in administrative matters, as amended by the laws of 23 December 1970 and 16 July 1993, paragraph 2 is repealed.
CHAPTER 4. - Amendment of the Act of 3 July 1971 on the distribution of members of the Legislative Chambers in linguistic groups and on various provisions relating to cultural councils for the French cultural community and for the Dutch cultural community
Art. 25. In Article 1er§ 1er, 2°, of the Act of 3 July 1971 on the distribution of members of the Legislative Chambers in linguistic groups and on various provisions relating to cultural councils for the French cultural community and for the Dutch cultural community, the words "the district of Brussels" are replaced by the words "the electoral district of Brussels-Capital".
CHAPTER 5. - Amendments to the Act of 23 March 1989
on the election of the European Parliament
Art. 26. In Article 9 of the Act of 23 March 1989 on the election of the European Parliament, replaced by the ordinary law of 16 July 1993, the following amendments are made:
1° in 1°, the words ", except for the administrative district of Hal-Vilvorde" are repealed;
2° the 3° is replaced by the following: "3° the electoral district of Brussels-Capital which includes the administrative district of Brussels-Capital; »;
3° the article is supplemented by a paragraph 2 written as follows:
"Columns 3 to 6 of the table annexed to the Electoral Code are applicable to the election of the European Parliament, on the understanding that the electoral districts of Eupen and Sankt-Vith constitute the German-speaking electoral district. »
Art. 27. In section 10 of the Act, replaced by the ordinary law of 16 July 1993 and amended by the laws of 11 April 1994, 5 March 2004 and 27 March 2006, the following amendments are made:
1° in paragraph 1er, paragraph 3, the words "the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "the electoral district of Brussels-Capital";
2° in paragraph 1era sub-item is inserted between paragraphs 4 and 5:
"Electors of the electoral district of Rhode-Saint-Genesis can vote either for the French electoral college or for the Dutch electoral college. These electors belong to the French or Dutch electoral college according to their choice. »;
3° in paragraph 3, paragraph 4, the words "the population of the administrative district of Hal-Vilvorde and" are repealed.
Art. 28. In section 12 of the Act, as amended by the ordinary law of 16 July 1993, by the Royal Decree of 11 April 1994 and by the law of 18 December 1998, the following amendments are made:
1° in paragraph 3, paragraph 5, the words "of the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "of the electoral district of Brussels-Capital";
2° Paragraph 4 is repealed.
Art. 29. In Article 21, § 1er, of the same law, annulled by decision No. 26/90 of the Court of Arbitration and restored by the ordinary law of 16 July 1993, the words "of the electoral district of Brussels-Hal-Vilvorde" are each replaced by the words "of the electoral district of Brussels-Capital".
Art. 30. In section 23 of the Act, as amended by the ordinary law of 16 July 1993, paragraph 3 is replaced as follows:
"A copy of the lists of candidates is immediately sent to the president of the main office of the electoral district of Brussels-Capital and to the president of the main office of the electoral district of Rhode-Saint-Genese, who immediately post these lists in the municipalities of the electoral district of Brussels-Capital and in the municipalities of the electoral district of Rhode-Saint-Genese. »
Art. 31. In section 24 of the Act, amended by the ordinary law of 16 July 1993, by the Royal Decree of 11 April 1994 and by the laws of 18 December 1998 and 19 February 2003, the following amendments are made:
1° the words "of the electoral district of Brussels-Hal-Vilvorde" are replaced each time by the words "of the electoral district of Brussels-Capital";
2° the article is supplemented by a paragraph 4, as follows:
Ҥ4. The president of the main office of the electoral district of Brussels-Capital immediately forwards a copy of the ballot to the president of the province's main office of the Flemish Brabant province for his impression.
The latter mentions on ballots for the electoral district of Rhode-Saint-Genesis, lists of candidates for the French electoral college and lists of candidates for the Dutch electoral college.
For this purpose, the ballot shall be formulated in accordance with model II annexed to this Act. »
Art. 32. In Article 26, § 1erParagraphs 1er and 2, of the same law, as amended by the ordinary law of 16 July 1993, the words "the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "the electoral district of Brussels-Capital".
Art. 33. In section 33 of the Act, amended by the Act of 11 April 1994, by the Royal Decree of 11 April 1994 and by the Act of 14 April 2009, the following amendments are made:
1° in paragraph 1er, the words « 156, § 1er," are replaced by the words " 156, § 1er and § 1er/1;
2° in paragraph 2, a 3° /1 is inserted as follows:
"3° /1 Article 156, § 1er/1, read as follows:
"Each counting office in the electoral district of Rhode-Saint-Genesis ranks the ballots containing votes in two categories:
1st the ballots which express a vote for a list of candidates from the Dutch electoral college;
2° the ballots which express a vote for a list of candidates from the French electoral college.
In this electoral canton, the picture-model referred to in Article 161, paragraph 2, is drawn in two copies: a copy mentions the results of the counting for the French electoral college and the second copy mentions the results of the counting for the Dutch electoral college.
In the same electoral district, the main cantonal office also produces in two copies the summary table referred to in Article 161, paragraph 9.
All copies of the model table and the summary table referred to in paragraphs 2 and 3 are in Dutch. »
Art. 34. In article 34, paragraph 1er, of the same law, as amended by the ordinary law of 16 July 1993 and by the law of 26 June 2000, the words "the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "the electoral district of Brussels-Capital".
Art. 35. In section 35 of the Act, as amended by the ordinary law of 16 July 1993, the following amendments are made:
1° in paragraph 2, the words "the electoral district of Brussels-Hal-Vilvorde" are replaced by the words "the electoral district of Brussels-Capital";
2° the article is supplemented by a paragraph written as follows:
"The president of the main office of the electoral district of Rhode-Saint-Genesis transmits, by the fastest way, to the president of the main office of French college and to the president of the main office of Dutch college, the copy of the summary table that concerns him. »
Art. 36. The model of ballot II.d. annexed to the Act, replaced by the Act of 14 April 2009, is replaced by model IId, which is attached as annex 3 to this Act.
Art. 37. In the annexes to the Act, the Model II, which is annexed to this Act, is inserted.
CHAPTER 6. - Final provisions
Art. 38. The amendments made by this Act to the Electoral Code and to the coordinated laws of 18 July 1966 on the use of languages in administrative matters are applicable only as they relate to the election of the House of Representatives.
Art. 39. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, 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
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.
Senate.
Documents. - Bill by Mr. Beke, Moureaux et Anciaux, Ms. Defraigne, Mr. Tommelein and Mr. Cheron, Ms. Piryns and Mr. Delpéré, 5-1560 - No. 1. - Opinion of the State Council, 5-1560 - No. 2. - Amendments, 5-1560 - No. 3. - Report, 5-1560 - No. 4. - Text adopted by the commission, 5-1560 - No. 5. - Text adopted in plenary and transmitted to the House of Representatives, 5-1560 - No. 6.
Annales. - 19 and 21 June 2012.
House of Representatives.
Documents. - Project transmitted by the Senate, 53 2281/001. - Amendments, 53 2281/002. - Report, 53 2281/003. - Text corrected by commission, 53 2281/004. - Amendments, 53 2281/005. - Text adopted in plenary and subject to Royal Assent, 53 2281/006.
Full report. - 12 and 13 July 2012.

Annex 1re
Table referred to in section 3

For the consultation of the table, see image
Seen to be annexed to the Act of 19 July 2012 amending the Electoral Code, coordinated laws of 18 July 1966 on the employment of languages in administrative matters, the Act of 3 July 1971 on the distribution of members of the Legislative Chambers in linguistic groups and on various provisions relating to cultural councils for the French cultural community and for the Dutch cultural community and the Act of 23 March 1989 on the election of the European Parliament.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
The Minister of the Interior,
Ms. J. MILQUET
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN

Annex 2
Model referred to in section 23
« Model IIcbis)

For the consultation of the table, see image
Seen to be annexed to the Act of 19 July 2012 amending the Electoral Code, coordinated laws of 18 July 1966 on the employment of languages in administrative matters, the Act of 3 July 1971 on the distribution of members of the Legislative Chambers in linguistic groups and on various provisions relating to cultural councils for the French cultural community and for the Dutch cultural community and the Act of 23 March 1989 on the election of the European Parliament.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
The Minister of the Interior,
Ms. J. MILQUET
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN

Annex 3
Model referred to in section 36
« Model IId

For the consultation of the table, see image
Seen to be annexed to the Act of 19 July 2012 amending the Electoral Code, coordinated laws of 18 July 1966 on the employment of languages in administrative matters, the Act of 3 July 1971 on the distribution of members of the Legislative Chambers in linguistic groups and on various provisions relating to cultural councils for the French cultural community and for the Dutch cultural community and the Act of 23 March 1989 on the election of the European Parliament.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
The Minister of the Interior,
Ms. J. MILQUET
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN

Annex 4
Model referred to in section 37
« Model IIe

For the consultation of the table, see image
Seen to be annexed to the Act of 19 July 2012 amending the Electoral Code, coordinated laws of 18 July 1966 on the employment of languages in administrative matters, the Act of 3 July 1971 on the distribution of members of the Legislative Chambers in linguistic groups and on various provisions relating to cultural councils for the French cultural community and for the Dutch cultural community and the Act of 23 March 1989 on the election of the European Parliament.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
The Minister of the Interior,
Ms. J. MILQUET
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN