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12 MARCH 2009. - An Act to amend the Act of 19 May 1994 regulating the electoral campaign, concerning the limitation and reporting of the election expenses incurred for the elections of the Parliament of the Walloon Region, the Flemish Parliament, the Parliament of the Brussels Capital Region and the Parliament of the German-speaking Community, and setting the criteria for the control of the official communications of the public authorities (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Article 2 of the Law of 19 May 1994 regulating the electoral campaign, concerning the limitation and declaration of the election expenses incurred for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking Community, and setting the criterion for the control of the official communications of the public authorities, as amended by the laws of 10 April 1995, 25 June 1998, 22 January 2002, 2 March 2004, 25 April 2004 and
1° in paragraph 1^er, paragraph 5, the second sentence is replaced by the following: "In this case, parties must be able to prove that the expenses they incurred for that or those candidates are consistent in the party's campaign. »;
2° in paragraph 2, 1°, the following modifications are made:
(a) the words "the list" are replaced by the words "the list(s)";
(b) the words "additional candidate to be nominated" are replaced by the words "additional candidate to be nominated on the list of candidates presented"; "
3° paragraph 2, 2°, first sentence, is replaced by the following:
"For a single candidate on the list of a political party who, in the last elections, has not obtained a warrant or has not submitted a list of candidates in the electoral district concerned: the amount referred to in 1°. »;
4° in paragraph 2, 3°, the words "effective candidate" are replaced by the words "holder candidate";
5° in paragraph 3, 1°, the following modifications are made:
(a) the words "the list" are replaced by the words "the list(s)";
(b) the words "on the list of candidates presented" are inserted between the words "additional candidate to be nominated by the political party" and the amount ": 8.700 euros";
Paragraph 3, 2°, first sentence, is replaced by the following:
"For a single candidate on the list of a political party who, in the last elections, has not obtained a warrant or has not submitted a list of candidates in the electoral district concerned: the amount referred to in 1°. »;
7° in paragraph 3, 3°, the words "effective candidate" are replaced by the words "holder candidate";
8° in paragraph 5, 1°, the following modifications are made:
(a) the words "the list" are replaced by the words "the list(s)";
(b) the words "on the list of candidates presented" are inserted between the words "additional candidate to be nominated by the political party" and the amount of ": 1.750 euros";
9° in paragraph 5, 2°, first sentence, is replaced by the following:
"For a single candidate on the list of a political party who, in the last elections, has not obtained a warrant or has not submitted a list of candidates in the electoral district concerned: the amount referred to in 1°. »;
10° the article is supplemented by a transitional provision, written as follows:
“Transitional provision
"To determine the number of candidates placed at the top of the list referred to in §§ 2, 1°, 3, 1° and 5, 1°, on the occasion of the elections of the Community and Region Parliaments of June 7, 2009, one takes as a criterion, when a list in the elections of June 13, 2004 was composed of candidates nominated jointly by two or more parties and that these parties present separate lists in the elections of June 7, 2009, the political membership, as of June 13, 2004, "
Art. 3. In Article 5, paragraph 1^er, of the same law, amended by the laws of 25 June 1998 and 25 April 2004, the 5th is replaced by the following provision:
"5° cannot broadcast commercial advertising spots on the radio, on television and in movie theaters or on-line messages. "
Art. 4. In section 9 of the Act, replaced by the Act of 25 April 2004 and amended by the Act of 27 March 2006, the words "that exceeded the maximum authorized amounts set out in section 2, § 1^er are replaced by the words "who violated Article 2, § 1^er "
Art. 5. In section 10 of the Act, as amended by the Acts of 10 April 1995, 25 June 1998, 26 June 2000, 25 April 2004 and 27 March 2006, the following amendments are made:
1° to paragraph 2, the following amendments are made:
(a) the words "on complaint" are replaced by the words "on denunciation";
(b) the words "on complaint" are inserted between the words "the organ designated by him or" and the words "any other person";
2° in paragraph 3, paragraph 4, the words "it has been informed" are replaced by the words "it has been informed".
Art. 6. 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 on 12 March 2009.
ALBERT
By the King:
The Minister of the Interior,
G. DE PADT
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Regular session 2008-2009:
House of Representatives.
Parliamentary documents. - Bill No. 1808/1. - Text adopted in plenary and transmitted to the Senate, No. 1808/2.
Full report: 19 February 2009.
Senate.
Parliamentary documents. - Project referred to by the Senate, No. 4-1187/1. Report, No. 4-1187/2. - Decision not to amend, No. 4-1187/3.
Annales of the Senate: March 5, 2009.