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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Posted the: 2012-08-22 Numac: 2012000466 Interior FEDERAL PUBLIC SERVICE July 19, 2012. -Act on the various changes of the electoral Code, of the consolidated laws of July 18, 1966, on the use of languages in administrative matters, the law of 3 July 1971 relating to the distribution of the members of the legislative language groups boards and containing various provisions relating to cultural for the French cultural community and the community councils cultural Dutch and the Act of 23 March 1989 concerning the election of the European Parliament (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 78 of the Constitution.
CHAPTER 2. -Changes of Code electoral s. 2. article 87 of the electoral Code, replaced by the law of 16 July 1993, is replaced by the following: «art.» 87. the elections for the House of representatives are done by electoral district. Each province constitutes an electoral district. The arrondissement of Brussels-capital is also a constituency. 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 article 87 of the same Code, replaced by the laws of 16 July 1993 and 13 December 2002 and amended by order royal on 4 February 2003, the part relating to the "electoral districts of Brussels-Halle-Vilvoorde, Leuven (Flemish Brabant) and Nivelles (Walloon Brabant)' is replaced by Annex 1 to this Act.
S. 4. in the same Code, it is inserted a 89ter section as follows: «art.» 89ter. for the election of the House of representatives, the electors registered on the list of electors of the electoral district of Rhode-Saint-genèse Commons have the right to vote in favour or an list of the electoral district of Brussels-capital, or a list of the electoral district of Flemish Brabant. » Art. 5. in article 94 of the same Code, replaced by the law of July 5, 1976, amended by the ordinary law of July 16, 1993, by the royal decree of 5 April 1994, by the law of December 13, 2002, cancelled in part by the judgment No 73/2003 of the Court of arbitration and as amended by the law of April 14, 2009, paragraph 5 is repealed.
S. 6. article 107ter of the Code, inserted by the law of 30 July 1991 and repealed by the law of March 7, 2002, is restored in the following wording: «art.» 107ter. A royal decree deliberated in the Council of Ministers, determines special invitation letter template to send to voters referred to in article 89ter.
» Art. 7. at article 115 of the same Code, replaced by the law of July 5, 1976, amended by the ordinary law of July 16, 1993, by the law of December 13, 2002, in part cancelled by decision No 73/2003 of the Court of arbitration, and amended by the Act of February 13, 2007, the following changes are made: 1 ° paragraphs 2 and 3 are repealed;
2 ° in article 5, the second sentence is hereby repealed.
S. 8. in article 118, paragraph 3, of the same Code, replaced by the law of December 13, 2002, the words "without prejudice to the provision laid down in article 115, paragraph (3), zero" shall be replaced by the word "void".
S. 9. article 127 of the same Code, as amended by the Act of 30 July 1991, by the ordinary law of July 16, 1993, by the royal decree of 5 April 1994 and the laws of December 13, 2002-April 14, 2009, is supplemented by a paragraph worded as follows: "in the Township election of Rhode-Saint-genèse, are displayed the lists of candidates in the constituency of Flemish Brabant and lists of candidates in the electoral district. election of Brussels-capital.
» Art. 10 article 128 of the Code, the following changes are made: 1 ° in paragraph 2, subparagraph 4, replaced by the law of 18 December 1998, «the electoral district of Brussels-Halle-Vilvoorde» shall be replaced by the words "the electoral district of Brussels-capital.
2 ° paragraph 3, subparagraph 1, replaced by the Act of 18 December 1998, is supplemented by the words "pursuant to the IIa models) (, IIb)(, IIc) and IIcbis) annexed to this Code."
3 ° paragraph 3, replaced by the law of 18 December 1998 and amended by the law of 13 February 2007, is supplemented by three paragraphs worded as follows: "the president of the Head Office of the electoral district of Brussels-capital passes immediately, for printing, a copy of the model of the ballot for the election of the House of representatives to the president of the Head Office of the electoral district of Flemish Brabant.
The latter made mention on the ballots for the electoral district of Rhode-Saint-genèse, the lists of candidates presented in the principal office of the electoral district of Brussels-capital and those presented in the principal office of the electoral district of Flemish Brabant.
To this end, the ballot is formulated according to the IIcbis model) annexed to this Code. » Art.
11. in article 128ter, § 2, paragraph 5, of the same Code, inserted by the Act of 18 December 1998 and amended by the law of March 27, 2006, «the electoral district of Brussels-Halle-Vilvoorde» shall be replaced by the words "the electoral district of Brussels-capital.
S.
12. in the same Code are repealed: 1 ° article 132, amended by the law of July 5, 1976, by the ordinary law of July 16, 1993, by the royal decree of 5 April 1994 and by the law of December 13, 2002, annulled in part by the judgment No 73/2003 of the Court of arbitration;
2 ° article 133, as amended by laws of the March 17, 1958, 16 July 1993 and 13 December 2002;
3 ° article 134, replaced by the law of May 17, 1949 and amended by the Act of July 30, 1991, by the ordinary law of July 16, 1993, by the royal decree of 5 April 1994 and by the law of December 13, 2002;
4 ° article 135, amended by the Act of 17 May 1949 and the royal decree of 5 April 1994;
5 ° article 136, as amended by the laws of the 17 March 1958 and 16 June; 1970 and by the royal decree of 5 April 1994
6 ° article 137 as amended by the law of December 13, 2002, annulled in part by the judgment No 73/2003 of 26 May 2003 of the Court of arbitration.
S. 13. in article 156 of the Code, as amended by the law of 16 July 1993, annulled in part by the judgment No 90/94 of the Court of arbitration, and amended by the law of December 27, 2000, the law of 13 December 2002, offset by judgment No 73/2003 of the Court of arbitration and the law of April 14, 2009 , inserted a § 1/1 as follows: "§ 1/1." For the election of the House of representatives each counting of the electoral district of Rhode-Saint-genèse office class ballots containing votes in two categories: 1 ° ballots expressing a vote for a list of candidates in the electoral district of Flemish Brabant.
2 ° the newsletters that express a vote for a list of candidates in the electoral district of Brussels-capital.
In this electoral canton, table-model referred to in article 161, paragraph 2, is drawn up in two copies: one copy mentions the counting results for the electoral district of Brussels-capital and the second copy mentions the results of the recount for the constituency of Flemish Brabant.
In the same electoral canton canton main office provides similarly in two copies summary table referred to in article 161, paragraph 8.
All copies of the model table and summary table referred to in paragraphs 2 and 3 shall be in Dutch. » Art. 14. in article 161 of the Code, as amended by the laws of the July 5, 1976, July 16, 1993, April 5, 1995, December 13, 2002, 13 February 2007, and by the royal decree of 5 April 1994, a paragraph worded as follows shall be inserted between paragraphs 11 and 12: "president of the Head Office of the canton of Rhode-Saint-genèse transmits without delay by the digital way. using the electronic signature issued through his identity card, respectively to the president of the Head Office of the electoral district of Flemish Brabant and the president of the Head Office of the electoral district of Brussels-capital and the Minister of the Interior the minutes of his office containing the corresponding tabulated. A hard copy of the summary tables as well as the minutes is also transmitted to the president of the Head Office of the electoral district of Flemish Brabant and the president of the Head Office of the electoral district of Brussels-capital. » Art. 15. the heading of title IV, chapter IVbis, the same Code, inserted by the Act of December 13, 2002, cancelled in part by the judgment No 73/2003 of the Court of arbitration, is replaced by the following: "chapter v - of the distribution of the seats for the election of the Senate and the election of the House of representatives.
S. 16. in article 165bis of the Code, inserted by the law of December 13, 2002, annulled in part by the judgment No 73/2003 of the Court of arbitration, 1 is replaced by the following: "1 ° for the election of the House of representatives, the lists who have obtained at least 5% of the total general of the votes validly cast for the lists of candidates in the electoral district;
S. 17. the heading of title IV, chapter V, of the same Code, inserted by the law of July 16, 1993, is hereby repealed.
S. 18. in title IV

the same Code, chapter VI, inserted by the law of 16 July 1993, containing the articles 169, replaced by the law of 16 July 1993 and amended by the law of 5 April 1995, 170, replaced by the law of 16 July 1993 and amended by the acts of 30 December 1993 and 5 April 1995, and 171, replaced by the law of 16 July 1993 and amended by the Act of December 13, 2002 is hereby repealed.
S. 19. in article 175 of the Code, replaced by the law of 16 July 1993, the words "the provincial central office or the main office of the electoral district of Brussels-Halle-Vilvoorde" are replaced by the words "the main office of the electoral district.
S. 20. article 176 of the Code, replaced by the law of July 16, 1993, is hereby repealed.
S. 21. in article 180quinquies, § 4, paragraph 6, of the same Code, inserted by the law of March 7, 2002 and replaced by the law of 13 February 2007, «the electoral district of Brussels-Halle-Vilvoorde» shall be replaced by the words "the electoral district of Brussels-capital.
S. 22. article 180septies, § 5, paragraph 4, of the same Code, inserted by the law of March 7, 2002 and amended by the law of 13 February 2007, is replaced by the following: "the ballots of Belgian voters residing outside the electoral Canton of Sint-Genesius-rode for the election of the House of representatives are stripped by the bureau's counting designated by the president of the Head Office of canton of Rhode-Saint-genèse.
» Art. (23. in the annexes to the same Code, it is inserted the IIcbis model) which is attached in annex 2 to this Act.
CHAPTER 3. -Modification of the coordinated acts of July 18, 1966, on the use of languages in administrative matters art. 24. in article 3, § 2, consolidated acts of July 18, 1966, on the use of languages in administrative matters, as amended by laws of December 23, 1970 and July 16, 1993, paragraph 2 is repealed.
CHAPTER 4. -Amendment of the Act of July 3, 1971 the distribution of members of the legislative chambers in linguistic and laying groups various provisions relating to cultural councils for the French cultural community and the Dutch cultural community arts. 25. in article 1, § 1, 2 °, Act July 3, 1971 the distribution of members of the legislative chambers in linguistic and laying groups various provisions relating to cultural councils for the French cultural community and the Dutch cultural community, the words 'the Borough of Brussels' shall be replaced by the words "the electoral district of Brussels-capital.
CHAPTER 5. -Amendments to the law of 23 March 1989 concerning the election of the Parliament European art. 26A section 9 of the Act of 23 March 1989 concerning the election of the European Parliament, replaced by the ordinary law of 16 July 1993, the following changes are made: 1 ° in 1 °, the words ", with the exception of the arrondissement of Halle-Vilvoorde" are repealed;
2 ° 3 ° is replaced by the following: «3 ° the electoral district of Brussels-capital, which includes the arrondissement of Brussels-capital;»;
3 ° article is supplemented by a paragraph 2 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 cantons of Eupen and Sankt-Vith form the German-speaking electoral."
S.
27 A article 10 of the same Act, replaced by the ordinary law of 16 July 1993 and amended by the law of 11 April 1994, March 5, 2004 and March 27, 2006, the following changes are made: 1 ° in the paragraph 1, paragraph 3, the words "the electoral district of Brussels-Halle-Vilvoorde" are replaced by the words "the electoral district of Brussels-capital.
2 ° in the 1st paragraph, a paragraph worded as follows shall be inserted between paragraphs 4 and 5: "voters in the electoral district of Rhode-Saint-genèse can emit a suffrage for the french electoral college either for the Dutch electoral college. Those voters belong to the french electoral college or Dutch according to the choices they express. »;
3 ° in paragraph 3, paragraph 4, the words "the population of the arrondissement of Halle-Vilvoorde and" are repealed.
S.
28 A 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 Act of 18 December 1998, the following changes are made: 1 ° in paragraph 3, paragraph 5, the words «of the electoral district of Brussels-Halle-Vilvoorde» are replaced by the words 'of the electoral district of Brussels-capital.
2 ° paragraph 4 is hereby repealed.
S. 29. in article 21, § 1, of the same law, annulled by judgment No. 26/90 of the Arbitration Court and reinstated by the ordinary law of 16 July 1993, 'of the electoral district of Brussels-Halle-Vilvoorde"are each time replaced by the words"of the electoral district of Brussels-capital.
S. 30. in article 23 of the Act, as amended by the ordinary law of 16 July 1993, article 3 is replaced as follows: "a copy of the lists of candidates is immediately addressed to the president of the Head Office of the electoral district of Brussels-capital and the president of the Head Office of the electoral district of Rhode-Saint-genèse, who immediately post these lists respectively in the municipalities of the electoral district of Brussels-capital and in outlying areas of the electoral district of Rhode-Saint-genèse.
» Art. 31 A section 24 of the same Act, as amended by the ordinary law of 16 July 1993, by the royal decree of 11 April 1994 and the laws of December 18, 1998 and February 19, 2003, the following changes are made: 1 ° "of the electoral district of Brussels-Halle-Vilvoorde" are each time replaced by the words "of the electoral district of Brussels-capital.
2 ° article is supplemented by a paragraph 4 as follows: "§ § 4 4» The president of the Head Office of the electoral district of Brussels-capital passes immediately, for printing, a copy of the ballot to the Chairman of the main office of the province of Flemish Brabant province.
The latter made mention on the ballots for the electoral district of Rhode-Saint-genèse, lists of candidates of the french electoral college, and the lists of candidates of the Dutch electoral college.
To this end, the ballot is formulated in accordance with the 2nd model annexed to this Act. » Art. 32. in article 26, § 1, paragraphs 1 and 2, of the Act, as amended by the ordinary law of 16 July 1993, «electoral district of Brussels-Halle-Vilvoorde» shall each time be replaced by the words 'electoral district of Brussels-capital.
S. 33A article 33 of the same Act, as amended by the law of 11 April 1994 by the royal decree of 11 April 1994 and by the law of April 14, 2009, the following amendments are made: 1 ° in the paragraph 1, the words "156, § 1, ' are replaced by the words" 156, § 1 and § 1/1 ';
2 ° in paragraph 2, there shall be inserted a 3 ° 1 read as follows: «3 ° 1 article 156, § 1/1, is read as follows: "each counting of the electoral district of Rhode-Saint-genèse office class ballots containing votes in two categories: 1 ° ballots expressing a vote for a list of candidates of the Dutch electoral college;
2 ° the newsletters that express a vote for a list of candidates of the french electoral college.
In this electoral canton, table-model referred to in article 161, paragraph 2, is drawn up in two copies: one copy mentions the results intended for the french electoral college and the second copy mentions the results of the recount for the Dutch electoral college.
In the same electoral district, the main office of canton stands also as two copies summary table referred to in article 161, paragraph 9.
All copies of the model table and summary table referred to in paragraphs 2 and 3 shall be in Dutch. » Art. 34. in article 34, paragraph 1, of the Act, as amended by the ordinary law of 16 July 1993 and by the law of June 26, 2000, «electoral district of Brussels-Halle-Vilvoorde» shall be replaced by the words "electoral district of Brussels-capital.
S. 35 A section 35 of the Act, as amended by the ordinary law of 16 July 1993, the following changes are made: 1 ° in paragraph 2, «electoral district of Brussels-Halle-Vilvoorde» shall be replaced by the words "electoral district of Brussels-capital.
2 ° article is supplemented by a paragraph worded as follows: 'the president of the Head Office of the electoral district of Rhode-Saint-genèse shall forward, by the fastest way, to the Chairman of the headquarters of french college and the president of the Head Office of Dutch college copy of the summary table that concerns.'
S.
36. the model of ballot II.d. annexed to the Act be replaced by the law of April 14, 2009, is replaced by the IId model which is attached as annex 3 to this Act.
S. 37. in the annexes to the Act, it is inserted the second model which is attached as annex 4 to this Act.
CHAPTER 6. -Provisions finals s. 38. the amendments made by this Act to the electoral Code and the coordinated laws of July 18, 1966, on the use of languages in administrative matters, are

application as they relate to the election of the House of representatives.
S.
39. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 19, 2012.
ALBERT 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 (1) Session 2011-2012.
Senate.
Documents.
-Proposal of Mr. Beke, Moureaux and Anciaux, Mrs Defraigne, Mr. Tommelein and Cheron, Ms. Piryns and M. Delpérée, 5-1560 - No. 1 Act. -Notice 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 meeting and transmitted to the House of representatives, 5-1560 - No. 6.
Annals. -19 and June 21, 2012.
House of representatives.
Documents. – Draft transmitted by the Senate, 53 2281/001.
-Amendments, 53 2281/002. -Report, 53 2281/003. -Text corrected by the commission 53 2281/004. -Amendments, 53 2281/005. -Text adopted in plenary and subject to Royal assent, 53 session 2281/006.
Compte rendu intégral. -12 and 13 July 2012.

Annex 1 table referred to in article 3 for the consultation of the table, see image seen to be annexed to the Act of 19 July 2012 on the various amendments to the electoral Code, of the consolidated laws of July 18, 1966, on the use of languages in administrative matters, of the law of 3 July 1971 relating to the distribution of the members of the legislative chambers in linguistic groups and on various provisions relating to cultural for the cultural community councils French and for the cultural community Dutch and 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. the Secretary of State to institutional reforms, M.
WATHELET Secretary of State institutional reform, S. VERHERSTRAETEN annex 2 model referred to in article 23 "model IIcbis) for the consultation of the table, see image to be annexed to the Act of 19 July 2012 on the various amendments to the electoral Code, of the consolidated laws of July 18, 1966, on the use of languages in administrative matters, of the law of 3 July 1971 relating to the distribution of the members of the legislative chambers in linguistic groups and on various provisions. cultural councils for the French cultural community and the Dutch cultural community of the law of 23 March 1989 concerning the election of the European Parliament.
ALBERT by the King: Prime Minister, E. DI RUPO the Minister of the Interior, Ms. J. MILQUET the Secretary of State for institutional reforms, M. WATHELET Secretary of State institutional reform, S. VERHERSTRAETEN annex 3 model referred to in article 36 "model IId for the consultation of the table, see image to be annexed to the Act of 19 July 2012 on the various amendments to the electoral Code of the consolidated laws 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 linguistic and laying groups various provisions relating to cultural councils for the French cultural community and the Dutch cultural community of the law of 23 March 1989 concerning the election of the European Parliament.
ALBERT by the King: Prime Minister, E. DI RUPO the Minister of the Interior, Ms. J. MILQUET the Secretary of State for institutional reforms, M. WATHELET Secretary of State institutional reform, S. VERHERSTRAETEN Appendix 4 model referred to in article 37 'model IIe for the consultation of the table, see image to be annexed to the Act of 19 July 2012 on the various amendments to the electoral Code of the consolidated laws 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 linguistic and laying groups various provisions relating to cultural councils for the French cultural community and the Dutch cultural community of the law of 23 March 1989 concerning the election of the European Parliament.
ALBERT by the King: the Prime Minister, E. DI RUPO the Minister of the Interior, Ms. J. MILQUET. the Secretary of State institutional reform, M. WATHELET Secretary of State institutional reforms, S. VERHERSTRAETEN