An Act To Amend The Electoral Law To Strengthen Democracy And The Credibility Of The Policy (1)

Original Language Title: Loi modifiant la législation électorale en vue de renforcer la démocratie et la crédibilité du politique (1)

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19 JULY 2012. - An Act to amend electoral legislation to strengthen democracy and political credibility (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. In section 118 of the Electoral Code, replaced by the Act of 13 December 2002 and amended by the Acts of 19 February 2003 and 13 February 2007, the following amendments are made:
1st paragraph 1er is replaced by the following:
"No one can, on the same list, be presented both to the actual mandate and to the plea. »;
2° a paragraph is inserted between paragraphs 4 and 5:
"No one can run for the elections for the House of Representatives, if he is at the same time a candidate for the elections for the Flemish Parliament, the Walloon Parliament, the Parliament of the Brussels-Capital Region, the Parliament of the German-speaking Community or the European Parliament, if these elections take place on the same day. »;
3° in former paragraph 7, becoming paragraph 8, the word "five" is replaced by the word "seven".
Art. 3. In section 173 of the same Code, replaced by the Act of 13 December 2002 and amended by the Act of 14 April 2009, paragraph 4 is repealed.
Art. 4. In section 233 of the same Code, as amended by the laws of 30 July 1991, 16 July 1993 and 27 March 2006, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "not outgoing" are repealed and the words "a legislative election" are replaced by the words "an election for its assembly";
Paragraph 2 is replaced by the following:
Ҥ2. The directly elected senator or the co-operative senator who is elected a member of a community or regional parliament or who completes the term of office of a member of a community or regional parliament, loses his or her capacity as a directly elected senator or co-operative senator from the moment he or she is sworn in as a member of a community or regional parliament.
The member of the House of Representatives who ran for election for the Flemish Parliament, the Walloon Parliament, the Parliament of the Brussels-Capital Region, the Parliament of the German-speaking Community or the European Parliament, and who is elected as a staff member, loses his or her right as a member of the House of Representatives on the day of the validation of his new effective mandate.
He also loses this quality of right from the moment he renounces his new effective mandate between the day of the proclamation of the elect and the day of the validation of his new effective mandate.
Paragraphs 2 and 3 also apply to members of the House of Representatives who have ceased to serve as Minister or Secretary of State of the Federal Government or as Minister or Secretary of State of a Community or Region Government. "
CHAPTER 3. - Amendment of the Act of 31 December 1983 of institutional reforms for the German-speaking Community
Art. 5. Article 11 of the Act of 31 December 1983 of institutional reforms for the German-speaking Community, repealed by the Act of 6 July 1990, is reinstated in the following wording:
“Art. 11. The member of Parliament who has been a candidate for election for the House of Representatives and who is elected as a staff member, loses his or her right as a member of Parliament on the day of the validation of his or her new effective mandate.
He also loses this quality of right from the moment he renounces his new effective mandate between the day of the proclamation of the elect and the day of the validation of his new effective mandate.
This section also applies to members of Parliament who have ceased to be elected as a member of the government or as a Minister or Secretary of State of the federal government or as a result of their election as Minister or Secretary of State of another community or region government. "
CHAPTER 4. - Amendments to the Act of 23 March 1989 on the election of the European Parliament
Art. 6. In Article 21, § 5, of the Law of 23 March 1989 on the Election of the European Parliament, as amended by the Law of 19 February 2003, the following amendments are made:
1° two subparagraphs, as follows, are inserted between subparagraphs 1er and 2:
"No one can, on the same list, be presented both to the actual mandate and to the plea.
No one can run for the elections of the European Parliament, if he is simultaneously a candidate for the elections for the House of Representatives, the Flemish Parliament, the Walloon Parliament, or the Parliament of the Brussels-Capital Region, if these elections are held on the same day. »;
2° in former paragraph 3, becoming paragraph 5, the word "two" is replaced by the word "four".
Art. 7. In the same law, an article 42bis is inserted:
"Art. 42bis. The member of the European Parliament who has nominated for the election for the House of Representatives, the Flemish Parliament, the Walloon Parliament or the Parliament of the Brussels-Capital Region and who is elected as a member of the European Parliament, loses his right as a member of the European Parliament on the day of the validation of his new effective mandate.
He also loses this quality of right from the moment he renounces his new effective mandate between the day of the proclamation of the elect and the day of the validation of his new effective mandate. "
CHAPTER 5. - Amendments to the Act of 6 July 1990 regulating the election of the Parliament of the German-speaking Community
Art. 8. In Article 23, § 2, of the Act of 6 July 1990 regulating the procedure for the election of the Parliament of the German-speaking Community, as amended by the laws of 16 July 1993 and 19 February 2003, a paragraph, as follows, is inserted between paragraphs 1er and 2:
"No one can run for the election of Parliament, if he is at the same time a candidate for the election of the House of Representatives if these elections are held on the same day. "
Art. 9. In article 49, § 4, of the same law, the words "paragraphs 1er and 2 are replaced by the words "paragraphs 1er to 3".
CHAPTER 6. - Final provision
Art. 10. This Act comes into force on 1er January 2014, and is applying for the first time to the elections for the European Parliament following the publication to the Belgian Monitor of this Act, as well as to the other elections held simultaneously.
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
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
____
Notes
(1) Documents of the House of Representatives:
Doc 53 2292/ (2011/2012):
001: Project transmitted by the Senate.
002 and 003: Amendments.
004: Report.
005: Text corrected by commission.
006: Amendment.
007: Text adopted in plenary and subject to Royal Assent.
Full record: 12-13 July 2012.
Documents of the Senate:
5-1571 - 2011/2012:
N° 1: Proposal for the Law of Mr. Anciaux, Moureaux and Claes, Ms. Defraigne, Mr. Tommelein and Mr. Cheron, Ms. Piryns and Mr. Delpéré.
No. 2: Opinion of the State Council.
No. 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the House of Representatives.
Annales of the Senate: June 19 and 21, 2012.