13 FEBRUARY 2007. - 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 I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER. - Amendments to the Electoral Code
Art. 2. In Article 10, § 2, 1^re sentence, from the Electoral Code, the words "and the main residence" are replaced by the words ", the main residence and 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. 3. Section 95 of the Code, amended by the laws of 5 July 1976, 30 July 1991, 16 July 1993 and 11 March 2003 and by the Royal Decree of 5 April 1994, are amended as follows:
1° § 4, paragraph 1^er, is completed as follows:
"4° the assessors and alternate assessors of the polling stations. » ;
2° § 9, second sentence, is replaced by the following sentence:
"The assessors and alternate assessors are appointed by the president of the cantonal main office, at least 12 days before the election, among the electors of the section who read and write. » ;
3° to § 9, the third sentence is deleted;
4° § 10, paragraph 1^er, is replaced by the following paragraph:
"In the forty-eight hours of the designation of assessors and alternate assessors, the president of the main cantonal office shall inform them by registered letter; in the event of an incapacity, they must notify the president of the cantonal main office within 48 hours of the information. » ;
5° § 10 is supplemented by the following paragraph:
"The president of the cantonal main office shall inform each polling station president of the designation of assessors and alternate assessors of his office. » ;
6° in § 12, 1°, first sentence, the words ",1° to 3°" are inserted after the words " § 4, paragraph 1^er »;
7° in § 12, 2°, the word "Twelve" is replaced by the word "24" and the fourth sentence is deleted.
Art. 4. An article 95bis, as follows, is inserted in the same Code:
"Art. 95bis. The presidents of the main offices referred to in sections 94, 94bis and 95 shall communicate their contact information to the Minister of the Interior no later than the date set out in section 10 for the cessation of the list of electors. » .
Art. 5. In section 115 of the same Code, as amended by the laws of 5 July 1976 and 16 July 1993, the following amendments are made:
1° in paragraph 1^erthe words "on Friday, twenty-third day, from 2 to 4 p.m. or on Saturday, twenty-second day before the vote, from 9 to 12 p.m." are replaced by the words "on Saturday, twenty-ninth day, from 2 to 4 p.m. or on Sunday, twenty-eighth day before the vote, from 9 to 12 p.m.";
2° in paragraph 2, the word "tenth" is replaced by the word "seventeen";
3° in paragraph 5, the word "20-six" is replaced by the word "30-three".
Art. 6. Section 115bis of the same Code, as amended by the Acts of 6 July 1982, 28 July 1987, 31 March 1989, 16 July 1993, 18 December 1998, 27 December 2000, 13 December 2002 and 19 February 2003, are amended as follows:
1° to § 1^erParagraphs 1^er and 2 are replaced by the following:
"Each political training represented by at least one parliamentarian in any of the European, federal, community or regional parliamentary assemblies may file an act requesting the protection of the acronym or logo that it envisages to mention in the act of presentation, in accordance with Article 116, § 4, paragraph 2.
The deposition of the acronym or logo must be signed by a parliamentarian at least, among those referred to in paragraph 1^er, belonging to the political formation that will use this acronym or logo. Each signatory can only affix its signature on a single depositary act. » ;
2° to § 1^erparagraphs 4 to 6 are repealed;
3° § 2 is replaced by the following provision:
Ҥ2. Immediately after the deposition of the acts requesting the protection of an acronym or logo, at twelve o'clock, the Minister proceeds with a drawing of lots to determine the common issues to be assigned to the lists bearing a protected acronym or logo.
The table of protected acronyms or logos and order numbers that have been assigned is published within four days to the Belgian Monitor.
The Minister of the Interior shall communicate to the presidents of the principal electoral district and college offices for the general elections the numbers so assigned, the various acronyms or logos protected, as well as the names, names, addresses of the persons and their substitutes designated by the political formations which are solely authorized to authenticate the lists of candidates.
Candidates who claim a protected acronym or logo and a common number must be accompanied by the certificate of the person designated by the political training or his or her alternate; In the absence of such a certification, the president of the main office denies the use by this list of the protected acronym or logo and the common order number. » ;
§ 3 is repealed;
5° in § 4, paragraph 1^er, the words "who do not wish to join a request for a subscription of lists to obtain a common order number" are replaced by the words "who have not obtained a common order number";
6° in § 4, paragraph 2, the word "Twenty" is replaced by the word "twenty-seventh";
7° in § 4, paragraph 4, the word "ninth" is replaced by the word "twenty-sixth" and the word "eighth" is replaced by the word "twenty-fifth";
8° in § 4, paragraph 6, the word "seventeen" is replaced by the word "twenty-fourth".
Art. 7. In section 115ter of the same Code, inserted by the Act of 18 December 1998 and amended by the Act of 19 February 2003, the following amendments are made:
1° § 2 is supplemented by the following paragraph:
"For the surplus, the numbering of the lists of candidates for the election of the Senate and the House of Representatives shall be settled in accordance with the provisions of section 128ter. » ;
2° § 3 is repealed.
Art. 8. In Article 116, § 4, paragraph 3, first sentence, of the same Code, replaced by the Act of 16 July 1993, the words "represented in one or the other House" are replaced by the words "represented by at least one parliamentarian in one or another of the European, federal, community or regional parliamentary assemblies".
Art. 9. In section 118, paragraph 8, of the same Code, the word "seventeen" is replaced by the word "twenty-fourth".
Art. 10. Section 118bis of the same Code, inserted by the Act of 5 July 1976 and amended by the Acts of 16 July 1993 and 19 February 2003, is repealed.
Art. 11. In article 119, paragraph 3, of the same Code, the word "twenty-seventh" is replaced by the word "twenty-seventh".
Art. 12. In section 121, paragraph 1^er, of the same Code, as amended by the Act of 16 July 1993, the word "nineteen" is replaced by the word "twenty-sixth".
Art. 13. In Article 123, paragraph 1^er, of the same Code, as amended by the Act of 16 July 1993, the word "seventeen" is replaced by the word "twenty-fourth".
Art. 14. In Article 124, paragraph 1^er, of the same Code, as amended by the Act of 16 July 1993, the word "seventeen" is replaced by the word "twenty-fourth".
Art. 15. In section 125bis, paragraph 1^er, of the same Code, as amended by the Act of 16 July 1993, the word "sixteenth" is replaced by the word "twenty-third".
Art. 16. In sections 125, paragraph 3, replaced by the Act of 16 July 1993, and 125ter, paragraph 1^erin the same Code, the word "thirteen" is replaced by the word "twentieth".
Art. 17. In article 125quinquies, paragraph 2, of the same Code, inserted by the law of 16 July 1993, the word "thirteen" is replaced by the word "twentieth".
Art. 18. In section 128 of the same Code, as amended by the Acts of 16 July 1993, 18 December 1998, 27 December 2000, 13 December 2002 and 19 February 2003, the following amendments are made:
1° § 1^er, paragraph 2, is replaced by the following paragraph:
"The name and first name of each candidate in the list are preceded by a number of orders and they are followed by a lower-size voting box. » ;
2° in § 2, paragraph 2, the words "Article 115bis, § 2, paragraph 8, when it was made use of the faculty provided for in § 3 of the same article" are replaced by the words "Article 115bis, § 2, paragraph 1^er »;
3° in § 2, paragraph 3, the words "Article 115bis, § 2, paragraph 8" are replaced by the words "Article 115bis, § 2, paragraph 1^er »;
4° in § 3, paragraph 2, the words "Article 115bis, § 2, paragraph 8" are replaced by the words "Article 115bis, § 2, paragraph 111".
Art. 19. In article 128bis of the same Code, inserted by the law of 17 May 1949 and amended by the laws of 5 July 1976 and 16 July 1993, the word "thirteen" is replaced by the word "twentieth" and the word "twelf" is replaced by the word "nineth".
Art. 20. In section 128ter of the same Code, inserted by the Act of 18 December 1998 and amended by the Act of 19 February 2003, the following amendments are made:
1° to § 2, paragraph 2, the words “and § 3, paragraph 10,” are deleted;
2° § 2, paragraph 4, is replaced by the following paragraph:
"The supplementary drawing referred to in paragraph 3 shall be carried out, within the main office of the French Electoral College, between the peer numbers, and within the main office of the Dutch Electoral College, between the odd numbers, which follow the highest number assigned in accordance with paragraph 2 of this paragraph. »
3° in § 3, paragraph 2, the words “and § 3, paragraphs 10 and 11,” are deleted;
4° in § 3, paragraph 4, the words " § 2, paragraphs 3 and 4 " are replaced by the words " § 2, paragraph 3 " .
Art. 21. Article 147bis, § 1^er, 7°, paragraph 2, of the same Code, as amended by the Act of 5 April 1995, is replaced by the following paragraph:
"The application must be filed with the bourgmestre of the home no later than the day before the election day. »
Art. 22. Section 161 of the Code, amended by the laws of 5 July 1976, 16 July 1993, 5 April 1995, 27 December 2000 and 22 December 2003, are amended as follows:
1° paragraph 10 is replaced by the following paragraph:
"The president of the cantonal main office or the person he designates for this purpose shall communicate 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, and the electoral figure of each list, as determined in section 166, and the total of the votes obtained by the holders » ;
2° Paragraph 11 is replaced by the following paragraph:
"The president of the cantonal main office shall forthwith send by the digital channel, using the electronic signature issued by means of his identity card, the minutes of his office resuming the summary table to the president of the chief electoral district office for the election of the House of Representatives and to the president of the main provincial office referred to in Article 94bis, § 2, for the election of the Senate which shall give the Minister thereof. The duplicates of the counting tables and a hard copy of the minutes resuming the summary table are also forwarded to the President of the chief electoral district office with respect to the election of the House of Representatives and to the President of the main provincial office referred to in section 94bis, § 2, for the election of the Senate. »
Art. 23. In section 161bis of the same Code, inserted by the Act of 16 July 1993, the following amendments are made:
1st paragraph 1^er is replaced by the following paragraph:
"For the election of directly elected senators, the province's main office is, on a summary table, for the province as a whole, the figures in the summary tables prepared by the cantonal main offices. The president of this office promptly transmits via the digital channel, using the electronic signature issued by means of his identity card, the minutes of his office resuming the summary table to the president of the main office of college and the Minister of the Interior. The tables prepared by the main cantonal offices as well as a hard copy of the minutes resuming the summary table are also forwarded to the president of the main college office. » ;
2° Paragraph 3 is replaced by the following paragraph:
"The president of the main office of the electoral district of Brussels-Hal-Vilvorde 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 French college and to the president of the main office of the Dutch college 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 French college and to the president of the main office of the Dutch college. »
Art. 24. Article 177, paragraph 1^er, of the same Code, is replaced by the following paragraph:
"The President of the Chief Electoral District Office and the President of the Chief Electoral Officer immediately transmit via the digital channel, using the electronic signature issued through their identity card, the minutes of their office to the Clerk of the House of Representatives or the Senate and the Minister of the Interior. A hard copy of this record, written and signed sitting held by members of the main office of the electoral district or the college and witnesses, the minutes of the polling and counting offices, the presentation and the contested ballots are also sent within five days to the Clerk of the House of Representatives or the Senate. »
Art. 25. Article 180quinquies, § 4, paragraph 6, of the same Code, inserted by the Act of 7 March 2002, is replaced by the following paragraph:
"The president of the special counting office may, depending on the number of Belgians residing abroad who have chosen to vote in diplomatic or consular career or correspondence posts for the electoral district of Brussels-Hal-Vilvorde, expand the composition of this office, if any, by appealing to officials of other federal public services. »
Art. 26. In article 180s, § 5, of the same Code, inserted by the law of 7 March 2002, the following paragraph is inserted between paragraphs 3 and 4:
"Belgian voters' ballots residing abroad in the electoral district of Brussels-Hal-Vilvorde are stripped by the special counting office referred to in Article 180quinquies, § 4. »
Art. 27. The models of ballot II (a) to II (h) annexed to the same Code, replaced by the Act of 13 December 2002, are replaced by models II (a) to II (g) annexed to this Act.
CHAPTER III. - 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. 28. In Article 31 of 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, inserted by the law of 16 July 1993 and amended by the laws of 5 April 1995 and 19 February 2003, the words "Twentieth", "eighth" and "seventeenth", are replaced by the words "twenty-seventh", "twenty-fifth" and "
Art. 29. In section 38 of the Act, inserted by the Act of 18 December 1998 and amended by the Act of 19 February 2003, the following amendments are made:
1° § 1^er is repealed;
2° to § 2, paragraphs 4 and 5 are repealed;
3° the subdivision in paragraphs is deleted.
CHAPTER IV. - Amendments to the Act of 6 July 1990 regulating the election of the Parliament of the German-speaking Community
Art. 30. In Article 59 of the Act of 6 July 1990 regulating the terms of the election of the Parliament of the German-speaking Community, inserted by the Act of 16 July 1993 and amended by the Act of 19 February 2003, the words "Twentieth", "eighth" and "seventeen" are replaced by the words "twenty-seventh", "twenty-fifth" and "twenty-fourth".
Art. 31. In section 65 of the Act, inserted by the Act of 18 December 1998 and amended by the Act of 19 February 2003, the following amendments are made:
1° § 1^er is repealed;
2° to § 2, paragraphs 4 and 5 are repealed;
3° the subdivision in paragraphs is deleted.
CHAPTER V. - Amendments to the ordinary law of 16 July 1993
to complete the federal structure of the state
Art. 32. In article 38 of the ordinary law of 16 July 1993 to complete the federal structure of the State, as amended by the laws of 22 January 2002, 19 February 2003 and 2 March 2004, the words "twentieth", "twenty-eighth" and "seventeen" are replaced by the words "twenty-seventh", "twenty-fifth" and "twenty-fourth".
Art. 33. In section 41quinquies of the Act, inserted by the Act of 18 December 1998 and amended by the Act of 19 February 2003, the following amendments are made:
1° § 1^er is repealed;
2° to § 2, paragraphs 4 and 5 are repealed;
3° the subdivision in paragraphs is deleted.
CHAPTER VI. - Amendment of the law
of 11 April 1994 organizing the automated vote
Art. 34. In Article 7, § 3, paragraph 3, of the Act of 11 April 1994 organizing the automated vote, words, preceded by a number of orders are added after the words "the names and names of the candidates".
CHAPTER VII. - Amendments to the Act of 18 December 1998 regulating simultaneous or close elections for the Federal Legislative Chambers, the European Parliament and the Parliaments of Community and Region
Art. 35. Article 47 of the Act of 18 December 1998 regulating simultaneous or close elections for the Federal Legislative Chambers, the European Parliament and the Parliaments of Community and Region, as amended by the Act of 19 February 2003, are amended as follows:
1° in § 1^er, the words "by application of Article 115bis, § 2, of the Electoral Code, for the filing of the acts of affiliation of lists for the obtaining of a common number for the election of the House of Representatives" are replaced by the words "by application of Article 115bis, § 1^er, the Electoral Code for the filing of acts requiring the protection of the acronym or logo";
2° in § 3, the words "that those conferred on an affiliation of registered lists for the election of the House of Representatives" are replaced by the words "that those conferred on a list bearing a protected acronym or logo", the words "the author or his alternate of the application for affiliation of registered lists for the election of the House of Representatives" are replaced by the words "the person designated by the list bearing a sie
3° in § 4, paragraph 2, the word "Twentieth" is replaced by the word "Thirtieth" and the word "seventeen" by the word "24";
4° in § 4, paragraph 5, the word "seventeen" is replaced by the word "24";
5° in § 4, paragraph 7, the words "to an affiliation of lists filed for the election of the House of Representatives" are replaced by the words "to a list bearing an acronym or a protected logo";
6° in § 5, paragraph 2, the word "twentieth" is replaced by the word "thirtieth" and the word "seventeen" by the word "twenty-fourth".
Art. 36. In section 48 of the Act, as amended by the Act of 19 February 2003, the following amendments are made:
1° to § 1^erthe second dash is removed;
2° in § 1^erthe word "seventeen" is replaced by the word "24";
§ 3 and § 4 are repealed;
4° § 5, paragraph 2 is replaced by the following paragraph: "When it proceeds to the formation of the ballot for the Senate, on the twenty-fourth day before the one fixed for the legislative elections, the principal office of college for the election of the Senate shall take into account the order of the numbers conferred by the drawing of lots to which the Minister of the Interior proceeded on the sixty-fifth day before the election of the European Parliament, in accordance with § 2, paragraph 1^er.
6° in § 5, paragraph 3, the words ", or § 3, paragraph 7" are deleted;
7° in § 5, paragraph 5, the words "by the drawing of lots to which the Minister of the Interior proceeded in accordance with the provisions of § 3, paragraphs 4 and 5, of this article" are replaced by the words "in accordance with paragraph 2 of this paragraph";
8° § 5, paragraph 10, is replaced by the following paragraph:
"The main electoral district office for the election of this assembly shall take into account the order of the numbers assigned by the drawing to which the Minister of the Interior proceeded on the sixty-fifth day before the election of the European Parliament, in accordance with § 2, paragraph 1^er.
9° in § 5, paragraph 11, the words “, or § 3, paragraph 7” are deleted;
10° in § 5, paragraph 12 is repealed;
11° in § 6, paragraph 2, the word "seventeen" is replaced by the word "24";
12° § 7, paragraph 2, is replaced by the following paragraph: "When it proceeds to the formation of the ballot, on the twenty-fourth day before the one fixed for the election, the main electoral district office for the election of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking Community, takes into account the order of the numbers assigned by the drawing to the lot to which the Minister §^er.
13° in § 7, paragraph 3, the words “, or § 3, paragraph 7” are deleted;
14° to § 7, paragraph 4 is repealed;
15° in § 7, paragraph 5, the word "seventeen" is replaced by the word "24";
16° in § 8, paragraph 1^er, the word "seventeen" is replaced by the word "twenty-fourth".
Art. 37. In section 49 of the Act, as amended by the Act of 19 February 2003, the following amendments are made:
1° to § 1^erthe third dash is deleted;
2° in § 1^erthe word "seventeen" is replaced by the word "24";
3° §§ 3 and 4 are repealed;
4° in § 5, paragraph 2, the word "seventeen" is replaced by the word "24";
5° in § 5, paragraphs 4 and 5 are repealed;
6° in § 5, paragraph 7, the words "by the drawing of lots to which the Minister of the Interior proceeded in accordance with the provisions of § 3, paragraphs 4 and 5, of this article" are replaced by the words "in accordance with paragraph 2 of this paragraph";
7° in § 5, paragraph 13, the words ", or § 3, paragraph 7" are deleted;
8° to § 5, paragraph 14 is repealed;
9° in § 5, paragraph 16, the number "8" is replaced by the number "6";
10° in § 6, paragraph 2, the words ", by the drawing of lots to which the Minister of the Interior proceeded, on the twentieth day before that set for the federal legislative elections, in accordance with the provisions of § 3," are deleted, the word "seventeen" is replaced by the word "24" and the words "paragraphs 6 and 7" are replaced by the words "paragraphs 4 and 5";
11° in § 6, paragraph 3, the words ", or § 3, paragraph 7" are deleted;
12° to § 6, paragraph 4 is repealed;
13° in § 6, paragraph 6, the words "paragraphs 6 and 7" are replaced by the words "paragraphs 4 and 5";
14° § 7 is repealed.
Art. 38. In Article 51, § 5, of the Act, as amended by the Act of 19 February 2003, the following amendments are made:
1° paragraphs 2 and 3 are repealed;
2° in paragraph 4, the word "seventeen" is replaced by the word "24";
3° paragraph 6 is repealed;
Paragraph 8 is replaced by the following paragraph:
"This draw is carried out, in the main office of the French Electoral College, between the peer numbers, and in the main office of the Dutch Electoral College, between the odd numbers, which immediately follow the highest number attributed by the drawing of lots to which each of the presidents of the principal college offices for the election of the European Parliament sitting respectively in Namur, Melines and Eupen, the fifty-second day before this election. » ;
5° in paragraph 9, the words "Article 118bis, paragraph 2, of the Electoral Code" are replaced by the words "Article 20, paragraph 5, of the Act of 23 March 1989 on the election of the European Parliament";
6° Paragraph 16 is repealed;
7° in paragraph 19, the words "paragraph 10" are replaced by the words "paragraph 6".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 February 2007.
ALBERT
By the King:
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Regular session 2005-2006-2007.
House of Representatives.
Parliamentary document. - Bill No. 2548/1.
House of Representatives.
Parliamentary documents. - Amendments, no. 2548/2-3. - Report, no. 2548/4. - Text adopted by the Commission, no. 2548/5. - Amendments, no. 2548/6. - Text adopted in plenary and transmitted to the Senate, No. 2548/7.
Full report: 16 November 2006.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-1919/1. - Amendments, No. 3-1919/2. - Report, number 31919/3. - Amendments, No. 3-1919/4. - Report, number 3-1919/5. - Text amended by the Commission, No. 3-1919/6. - Text amended by the Senate and referred to the House of Representatives, No. 3-1919/7.
Annales of the Senate: December 14, 2006.
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate, No. 2548/8. - Report, no. 2548/9. - Text adopted in plenary and subject to Royal Assent, No. 2548/10.
Full report: 25 January 2007.

For the consultation of the table, see image