belgiquelex.be - Carrefour Bank of Legislation

14 AVRIL 2009. - Act respecting various electoral changes (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 Criminal Code
Art. 2. Article 31 of the Criminal Code, as amended by the laws of 12 April 1894, 10 July 1996, 29 April 2001 and 8 June 2006, is supplemented by a paragraph written as follows:
"The convictions referred to in the previous paragraph may also impose a ban on convicted persons on the right to vote, to life, or for twenty years to thirty years. »
Art. 3. In the French text of section 32 of the same Code, as amended by the law of January 23, 2003, the word "listed" is replaced by the word "targeted".
Art. 4. In section 33 of the same Code, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 5. An article 33bis, as follows, is inserted in the same Code:
"Art. 33bis. Courts and tribunals may prohibit convicts from exercising the right referred to in section 31, paragraph 2, for a term of five years to ten years. »
Art. 6. In section 84, paragraph 2, of the same Code, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 7. In section 85, paragraph 4, of the same Code, as amended by the Act of 9 April 1930, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 8. In Article 123quinquies, paragraph 2, of the same Code, inserted by the law of 19 July 1934 and amended by the law of 31 December 1939, the words "Article 31" are replaced by the words "Article 31, paragraph 1^er "
Art. 9. In section 135bis, paragraph 3, of the same Code, inserted by the Act of 20 July 1939, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 10. In section 147, paragraph 4, of the same Code, the words "Article 31" are replaced by the words "Article 31, paragraph 1^er "
Art. 11. In section 234, paragraph 2, of the same Code, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 12. In section 237, paragraph 1^erin the same Code, the words "Article 31" are replaced by the words "Article 31, paragraph 1^er "
Art. 13. In section 239, paragraph 2, of the same Code, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 14. In section 254, paragraph 2, of the same Code, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 15. In section 312 of the same Code, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 16. In section 378 of the same Code, as amended by the Act of 28 November 2000, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 17. In Article 382, § 1^er, of the same Code, as amended by the Act of 28 November 2000, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 18. In article 388, paragraph 1^er, of the same Code, inserted by the Act of 28 July 1962 and renumbered and amended by the Act of 28 November 2000, the words "Article 31" are replaced by the words "Article 31, paragraph 1^er "
Art. 19. In article 433novies, paragraph 1^er, of the same Code, inserted by the Act of 10 August 2005, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
Art. 20. In article 433terdecies, paragraph 1^er, of the same Code, inserted by the Act of 10 August 2005, the words "section 31" are replaced by the words "section 31, paragraph 1^er "
CHAPTER 3. - Amendments to the Electoral Code
Art. 21. Section 6 of the Electoral Code, as amended by the Act of 5 July 1976, is replaced by the following:
“Art. 6. They are permanently excluded from the electorate and cannot be admitted to the vote, those who have been banned from exercising the right to vote by conviction. »
Art. 22. Article 7, paragraph 1^er, 2°, of the same Code, as amended by the Act of 21 December 1994, is replaced by the following:
"2° those who have been temporarily banned from exercising the right to vote by conviction. »
Art. 23. Section 9 of the same Code, amended by the Act of 5 July 1976, and section 9bis of the same Code, inserted by the Act of 5 July 1976, are repealed.
Art. 24. ÷ Article 17 of the same Code, as amended by the Acts of 30 July 1991 and 27 December 2004 and by the Royal Decree of 5 April 1994, are amended as follows:
1° in paragraph 1^er, paragraph 2, the word "and" is replaced by the words "or according to its choice";
2° Paragraph 3 is supplemented by a paragraph which reads as follows:
" Copies or copies of the list of electors issued under §§ 1^er and 2 cannot mention their identification number in the National Register of Physical Persons. »
Art. 25. ÷ article 94, paragraph 2, of the same Code, as amended by the Royal Decree of 5 April 1994, the word "20" is replaced by the word "27".
Art. 26. In section 94bis of the same Code, as amended by the Act of 2 April 2003, the following amendments are made:
1° in paragraph 1^erParagraph 3, the word "20" is replaced by the word "27;
2° in paragraph 2, a sub-paragraph is inserted between paragraphs 3 and 4:
"The main office of the electoral district of Walloon Brabant for the election of members of the House of Representatives, established in Nivelles, also sits as the main provincial office for the election of the Senate. »
Art. 27. In section 95, § 4, of the same Code, as amended by the Act of 11 March 2003 and by the Royal Decree of 5 April 1995, paragraph 3 is replaced by the following:
"These persons are designated in the following order:
1° the magistrates of the Judicial Order;
2° judicial interns;
3° lawyers and solicitors in the order of their registration in the table or in the list of interns;
4° the notaries;
5° the judicial officers;
6° the holders of functions under the State, communities and regions and the holders of an equivalent rank from the provinces, municipalities, public welfare centres, any public interest agency referred to or not by the Act of 16 March 1954 on the control of certain public interest bodies or autonomous public enterprises referred to in the Act of 21 March 1991 on the reform of certain economic public enterprises;
7° the teaching staff;
8° volunteers;
9° if necessary, the persons designated among the electors of the electoral district. »
Art. 28. Section 101 of the Code, repealed by the Act of 30 July 1991, is reinstated in the following wording:
"Art. 101. The main cantonal offices organize training for the presidents of the polling and counting offices of their territorial jurisdiction or the secretary of these offices. »
Art. 29. In Article 116, § 3, of the same Code, as amended by the Act of 16 July 1993, the sentence beginning with the words "If there are electors presenting" and ending with the words "electors of the commune where they are registered" is replaced by the following sentence:
"The quality of electors presenting is certified by the municipality where they are registered by the affixing of the communal seal on the act of presentation. »
Art. 30. In section 127, paragraph 2, of the same Code, amended by the laws of 30 July 1991 and 16 July 1993 and by the Royal Decree of 5 April 1995, the word "15" is replaced by the word "20-second".
Art. 31. In Article 147bis, § 1^er, 7°, of the same Code, amended by the laws of April 5, 1995 and February 13, 2007, the words "by the mayor of the home, after presentation of the supporting documents; the King determines the model of the certificate to be issued by the bourgmestre" is replaced by the words "by the bourgmestre of the domicile or his delegate, upon presentation of the necessary supporting documents or, in the case where the elector is unable to produce such a supporting document, on the basis of a statement on the honour. The King determines the honour statement model introduced by the elector as well as the certificate model to be issued by the mayor".
Art. 32. In section 149 of the same Code, as amended by the Acts of 5 July 1976 and 5 April 1995, and by the Royal Decree of 5 April 1994, paragraph 2 is replaced by the following:
"Each waste office is cleared in office A and office B."
Art. 33. In Article 156, § 1^er, of the same Code, as amended by the Act of 13 December 2002, paragraph 5 is repealed.
Art. 34. Sections 161 to 165 of the Code are grouped under a chapter IV/1 entitled "De la clôture des opérations de dépouillement et de la transmission des procès-verbaux. »
Art. 35. In section 165 of the same Code, as amended by the Acts of 18 December 1998 and 12 August 2000, the following amendments are made:
1° the words "both at the level of the canton and the district, province or college" are replaced by the words "both at the level of the electoral district, province or college";
2° the article is supplemented by three paragraphs written as follows:
"For both the partial and general census of votes, the cantons use only the software provided and approved in each election by the Minister of the Interior, after the advice of the body recognized for this purpose by the King by deliberate decree in the Council of Ministers.
For the digital transmission of results and minutes, the main offices use only the software provided and approved during each election by the Minister of the Interior, after the advice of the body recognized for this purpose by the King by deliberate decree in the Council of Ministers.
The software used for the electronic voting census by the counting offices must be approved at each election by the Minister of the Interior, after the advice of the body recognized for this purpose by the King by deliberate decree in the Council of Ministers. »
Art. 36. In section 173, of the same Code, as amended by the Act of 13 December 2002, paragraph 4 is supplemented by the following sentence:
"These candidates cannot be declared alternates. »
Art. 37. In the same Code, an article 203bis is inserted as follows:
"Art. 203bis. Observers from international organizations recognized by Belgium or delegated by other countries may be authorized to monitor all electoral activities. In this case they are admitted to the various electoral offices on presentation to the president of their legitimation card issued by the Federal Interior Public Service. »
CHAPTER 4. - Amendments to the law of 12 January 1989 regulating the terms of the election of the Parliament of the Brussels-Capital Region and the Brussels members of the Flemish Parliament
Art. 38. In Article 3, paragraph 7, of the Law of 12 January 1989 regulating the terms of the election of the Parliament of the Brussels-Capital Region and of the Brussels members of the Flemish Parliament, as amended by the laws of 16 July 1993 and 11 April 1994, the words "and the main residence" are replaced by the words ", the main residence and the identification number referred to in Article 2, paragraph 2, of the Law of 8 August 1983.
Art. 39. In section 3bis of the Act, inserted by the Acts of March 31, 1989 and amended by the Acts of July 16, 1993 and March 27, 2006, the following amendments are made:
1° in paragraph 1^er, paragraph 2, the words "on paper or according to his choice on standardized computer support" are inserted between the words "for free" and the words ", as long as he files a list of candidates in Parliament";
2° paragraph 3, is supplemented by a paragraph as follows:
" Copies or copies of the list of electors issued under §§ 1^er and 2 cannot mention the identification number referred to in section 2, paragraph 2, of the Act of 8 August 1983 organizing a National Register of Physical Persons. »
Art. 40. In section 6 of the Act, as amended by the Acts of 16 July 1993 and 27 March 2006, the following amendments are made:
1° in paragraph 1^erthe words "101" are inserted between the words "100" and "102";
2° in paragraph 2, the 2° is replaced by the following:
"2° in Article 95, § 4, paragraph 3, 9°, instead of the words "amongst the electors of the electoral district", the words "amongst the electors for Parliament; "
Art. 41. It is inserted in the same law an article 6bis as follows:
"Art. 6bis. The president of the regional office and the presidents of the main cantonal offices referred to in Article 93 of the Electoral Code shall communicate by digital means their contact information to the Minister of the Interior no later than the date set out in Article 3 of this Act for the cessation of the list of electors. »
Art. 42. In Article 11, § 1^erparagraph 1^er is replaced by the following:
"Candidates submitted pursuant to Article 17, § 3, 1°, of the special law must certify the quality of electors presenting by the municipality where they are registered via the affixing of the communal seal on the act of presentation. »
Art. 43. Article 14, § 2, paragraph 2, of the Act is replaced by the following:
"The name and first name of each candidate in the list are preceded by a number of orders and followed by a lower-size voting box. »
Art. 44. Article 17, § 2, paragraph 5, of the Act, as amended by the Act of 2 March 2004, is repealed.
Art. 45. In Article 19, § 1^erin the same Act, paragraphs 10 and 11 as amended by the Act of 5 April 1995, are replaced by the following:
"The president of the cantonal main office or the person he designates for this purpose communicates to the president of the government and to the Minister of the Interior without delay via the digital channel, using the electronic signature issued by means of his identity card, the total of the ballots filed, the total of the valid ballots, the total of the blank and void ballots as well as for each list, by language regime and classified according to his or her electoral number, the number determined by §^erthe special law, and the total number of nominal votes obtained by each incumbent or alternate candidate.
The president of the cantonal main office sends without delay via the digital channel, using the electronic signature emitted by means of his identity card, the minutes of his office resuming the summary table, the president of the regional office who gives it a receipt and the Minister of the Interior. Doubles of the counting tables and a hard copy of the minutes resuming the summary table are also forwarded to the president of the regional office. »
Art. 46. In section 20 of the Act, as amended by the Acts of 16 July 1993, 22 January 2002 and 27 March 2006, the following amendments are made:
1° paragraph 1^erParagraph 2 is replaced by the following:
" Immediately after this proclamation, the president of the regional office shall forthwith transmit via the digital channel, using the electronic signature issued by means of his identity card, the minutes of his office to the Minister of the Interior, to the Clerk of the Parliament of the Brussels-Capital Region, to the President of the Government of the Brussels-Capital Region for the election of members of the Parliament of the Brussels-Capital Region, and to the President of the »;
2° in paragraph 2, paragraph 1^er, the words "The minutes of the election" are replaced by the words "A paper version of the minutes" and the words "in the three days" are replaced by the words "in the five days".
Art. 47. The model of ballot II annexed to the Act, as amended by the Acts of 22 January 2002, 2 March 2004 and 27 March 2006, is replaced by model II annexed to this Act.
CHAPTER 5. - Amendments to the Act of 6 July 1990 regulating the election of the Parliament of the German-speaking Community
Art. 48. In Article 7, § 1^er, paragraph 4, of the Act of 6 July 1990 regulating the terms of the election of the Parliament of the German-speaking Community, as amended by the Act of 11 April 1994, the words "and the main residence" are replaced by the words ", the main residence and the identification number referred to in Article 2, paragraph 2, of the Act of 8 August 1983 organizing a National Register of Physical Persons".
Art. 49. In section 7bis of the Act, as amended by the Acts of 16 July 1993 and 27 March 2006, the following amendments are made:
1° in paragraph 1^er, paragraph 2, the words "on paper or according to his choice on standardized computer support" are inserted between the words "for free" and the words ", as long as he files a list of candidates in Parliament";
2° Paragraph 3 is supplemented by a paragraph which reads as follows:
" Copies or copies of the list of electors issued pursuant to paragraphs 1^er and 2 cannot mention the identification number referred to in section 2, paragraph 2, of the Act of 8 August 1983 organizing a National Register of Physical Persons. "
Art. 50. Section 11 of the Act, as amended by the Act of 27 March 2006, is supplemented by a paragraph 6 as follows:
"The chairs of the main offices referred to in paragraphs 2 and 3 shall communicate their contact information to the Minister of the Interior on a digital basis by the date set out in section 7 for the cessation of the list of electors. »
Art. 51. In section 14 of the Act, as amended by the Act of 16 July 1993, the following amendments are made:
1° paragraph 1^erParagraph 1^er, is completed as follows:
"4° the assessors and alternate assessors of the polling stations. »;
2° in paragraph 1^erParagraph 3 is replaced by the following:
"People referred to in paragraph 1^er, 1° to 3°, are designated in the following order:
1° the magistrates of the Judicial Order;
2° judicial interns;
3° lawyers and solicitors in the order of their registration in the table or in the list of interns;
4° the notaries;
5° the judicial officers;
6° the holders of functions under the State, communities and regions, provinces, municipalities, public social assistance centres, any public interest agency referred to or not by the Act of 16 March 1954 relating to the control of certain public interest bodies or self-employed public enterprises referred to in the Act of 21 March 1991 on the reform of certain economic public enterprises;
7° the teaching staff;
8° volunteers;
9° if necessary, the persons designated among the electors for Parliament. »;
3° paragraph 1^er is supplemented by a paragraph that reads as follows:
"The authorities occupying persons referred to in the preceding paragraph 6° and 7° shall communicate the names, names, addresses and professions of these persons to the municipal administrations where they have their main residence. »;
4° in paragraph 4, the sentence beginning with the words "Assessors and alternate assessors" and ending with the words "and knowing how to read and write" is replaced by the following sentence:
"The assessors and alternate assessors are appointed by the president of the main office of the electoral district - for the canton of Eupen - and by the president of the main office of the canton of Saint-Vith, at least 12 days before the election, among the electors of the section knowing how to read and write. »;
5° in paragraph 4, the third sentence, beginning with the words "The President advises" and ending with the words "of these designations". is repealed;
6° in paragraph 5, paragraph 1^er, is replaced by the following:
"In the forty-eight hours of the appointment of assessors and alternate assessors of the polling stations, the president of the main office of the electoral district - for the canton of Euden - and the president of the main office of canton of Saint-Vith inform them by registered letter; In the event of an incapacity, they must notify the president of the main office of the electoral district - for the canton of Eupen - or the president of the main office of canton of Saint-Vith within forty-eight hours of the information. »;
7° Paragraph 5 is supplemented by a paragraph which reads as follows:
"The president of the main office of the electoral district - for the Township of Eupen - and the president of the cantonal office of Saint-Vith inform each polling station president of the designation of assessors and alternate assessors of his office. »;
8° in paragraph 7, 1°, first sentence, the words ", 1° to 3°" are inserted after the words "§ 1^erParagraph 1^er »;
9° in paragraph 7, 2°, the word "twelve" is replaced by the word "twenty-four" and the phrase "The latter transmits it to the presidents of the polling stations that he has designated in accordance with § 1^er"is repealed;
10° the article is supplemented by paragraph 9, as follows:
"The main cantonal offices organize training for the presidents of the polling and counting offices of their territorial jurisdiction or the secretary of these offices. »
Art. 52. In section 22, of the Act, paragraph 8 is replaced by the following:
"Candidates nominated by electors must certify the quality of their electors by the municipality where they are registered via the affixing of the communal seal on the act of presentation. »
Art. 53. Paragraph 2 is replaced by the following:
"The name and first name of each candidate in the list are preceded by a number of orders and followed by a lower-size voting box. »
Art. 54. In section 39, § 3, paragraph 3, of the Act, as amended by the Act of 5 April 1995, the phrase "On these ballots the president shall include the word "valid" and shall apply its paraphe" is repealed.
Art. 55. Article 42, § 1^erParagraphs 10 and 11, as amended by the Act of 5 April 1995, are replaced by the following:
"The president of the main office of the electoral district, for the canton of Eupen, and the president of the main office of the canton of Saint-Vith - or for each of them the person they designate for that purpose - communicate to the Minister-President of the Government and to the Minister of the Interior without delay through the digital channel, using the electronic signature issued by means of his identity card, the total number of ballots filed,
The president of the cantonal office of Saint-Vith sends without delay via the digital channel, using the electronic signature issued by means of his identity card, the minutes of his office resuming the summary table, the president of the main office of the electoral district which gives it its receipt and the Minister of the Interior. The duplicates of the counting tables and a hard copy of the minutes resuming the summary table are also forwarded to the chair of the main electoral district office.
The president of the main office of the electoral district, with respect to the Township of Eupen, also sends without delay via the digital channel, using the electronic signature issued by means of his identity card, the minutes of his office containing the summary table to the Minister of the Interior. »
Art. 56. In section 46 of the Act, paragraph 2 is replaced by the following:
" Immediately after this proclamation, the president of the main office of the electoral district shall forthwith transmit via the digital channel, using the electronic signature issued by means of his identity card, the minutes of his office to the Clerk of Parliament and to the President of the Government and the Minister of the Interior. »
Art. 57. In section 47, paragraph 1^er, of the same law, as amended by the Act of 27 March 2006, the words "The Minutes of Election" are replaced by the words "A Paper version of the Minutes of Election" and the words "in the three days" are replaced by the words "in the five days".
Art. 58. The model of ballot II annexed to the Act, as amended by the Act of 27 March 2006, is replaced by model II annexed to this Act.
CHAPTER 6. - Amendments to the ordinary law of 16 July 1993 to complete the federal structure of the State
Art. 59. In article 2, paragraph 7 of the ordinary law of 16 July 1993 to complete the federal structure of the State, as amended by the law of 11 April 1994, the words "and the main residence" are replaced by the words ", the main residence and the identification number referred to in article 2, paragraph 2, of the Act of 8 August 1983 organizing a National Register of Physical Persons".
Art. 60. The following amendments are made in section 3 of the Act:
1° in paragraph 1^er, paragraph 2, the words "on paper or according to his choice on standardized computer support" are inserted between the words "for free" and the words ", as long as he files a list of candidates in Parliament";
2° Paragraph 3 is supplemented by a paragraph which reads as follows:
" Copies or copies of the list of electors issued under §§ 1^er and 2 cannot mention the identification number referred to in section 2, paragraph 2, of the Act of 8 August 1983 organizing a National Register of Physical Persons. »
Art. 61. In Article 7, paragraph 1^erin the same law, the word "101" is inserted between the words "100," and "102".
Art. 62. It is inserted in the same law an article 7bis as follows:
"Art. 7bis. The presidents of the main electoral district and cantonal offices referred to in section 26quater of the special law and section 93 of the Electoral Code shall communicate their contact information on a digital basis to the Minister of the Interior, no later than the date set out in section 2 for the cessation of the list of electors. »
Art. 63. In section 14 of the Act, paragraph 1^er, is replaced by the following:
"Candidates nominated by electors must certify the quality of their electors by the municipality where they are registered via the affixing of the communal seal on the act of presentation. »
Art. 64. In Article 17, § 2 of the Act, paragraph 2 is replaced by the following:
"The name and first name of each candidate in the list are preceded by a number of orders and followed by a lower-size voting box. "
Art. 65. In section 20, § 2 of the Act, as amended by the Act of 2 March 2004, paragraph 5 is repealed.
Art. 66. In Article 22, § 1^erin the same Act, paragraphs 10 and 11 as amended by the Act of 5 April 1995, are replaced by the following:
"The president of the cantonal main office or the person he designates for this purpose shall forthwith communicate to the Minister of the Interior and, as the case may be, to the President of the Walloon Government or to the President of the Flemish Government via the digital channel, using the electronic signature issued by means of his or her identity card, the total of the ballots filed, the total of the valid ballots, the total number of the ballots obtained by the white and the ballots, and the ballots, the ballots
The president of the cantonal main office sends without delay via the digital channel, using the electronic signature emitted by means of his identity card, the minutes of his office resuming the summary table, the president of the main electoral district office which gives it a receipt and the Minister of the Interior. Doubles of the counting tables and a hard copy of the minutes resuming the summary table are also forwarded to the chair of the main electoral district office. »
Art. 67. The following amendments are made in section 23 of the Act:
1° in paragraph 1^erParagraph 2 is replaced by the following:
" Immediately after this proclamation, the president of the main electoral district office shall forthwith transmit via the digital channel, using the electronic signature issued by means of his identity card, the minutes of his office to the Clerk of Parliament, as the case may be, Walloon or Flemish, the Minister of the Interior and, as the case may be, to the President of the Walloon Government or the President of the Flemish Government. »;
2° in paragraph 2, paragraph 1^er, the words "The minutes of the election" are replaced by the words "A paper version of the minutes of the election" and the words "in three days" are replaced by the words "in five days".
Art. 68. The models of ballot II (a) to II (c) annexed to the Act, as amended by the Acts of 2 March 2004 and 27 March 2006, are replaced by models II (a) to II (c) annexed to this Act.
CHAPTER 7. - Transitional and final provisions
Art. 69. Amendments made to the Electoral Code by sections 21 to 23 of this Act do not apply to perpetrators of offences that have been the subject of a final conviction at the time of their entry into force.
Art. 70. This Act comes into force on the day of its publication in 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 at Châteauneuf-de-Grasse, April 14, 2009.
ALBERT
By the King:
The Minister of the Interior,
G. DE PADT
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) Regular session 2008-2009.
House of Representatives.
Parliamentary documents. - Bill No. 1799/1. - Erratum, no. 1799/2. - Amendments, No. 1799/3. - Amendments, No. 1799/4. - Report, no. 1799/5. - Text adopted by the Commission, No. 1799/6. - Amendments No. 1799/7. - Report, no. 1799/8. - Text adopted in plenary and transmitted to the Senate, No. 1799/9.
Full report: 26 March 2009.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 4-1253/1. - Amendments, No. 4-1253/2. - Report, number 4-1253/3. - Text adopted in plenary and subject to Royal Assent, No. 4-1253/4.
Annales of the Senate: April 2, 2009.
For the consultation of the table, see image