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Special Law On Various Changes In Electoral Legislation (1)

Original Language Title: Loi spéciale portant diverses modifications en matière de législation électorale (1)

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2 MARCH 2004. - Special Act on various amendments to electoral legislation (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This special law regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Election of the Walloon Regional Council and the Flemish Council. - Amendments to the special law of 8 August 1980 of institutional reforms
Art. 2. In Article 24bis, § 1erParagraph 1er, 3°, of the special law of 8 August 1980 of institutional reforms, amended by the special laws of 16 July 1993 and 13 July 2001, the words "21 years" are replaced by the words "18 years".
Art. 3. In section 28 of the same special law, replaced by the special law of 16 July 1993 and amended by the special law of 22 January 2002, paragraphs 1er and 2 are replaced by the following:
"In the presentation of candidates for the terms of membership of the Walloon Regional Council or the Flemish Council, as the case may be, it shall be presented at the same time as these and in the same forms, alternate candidates. Their presentation must, barely nullity, be made in the very act of presenting candidates to the actual terms, and the act must separately classify the candidates from the two categories, presented together, specifying them.
The number of candidates nominated for the petition must be equal to the number of candidates nominated for the effective term. However, where the number of candidates nominated for the actual term is greater than sixteen, the number of alternate candidates is mandatory at sixteen. When the actual number of candidates is less than four, the number of alternate candidates is mandatory to four.
The presentation of the incumbent and alternate candidates indicates the order in which the candidates are presented in each of the two categories.
No list may include a number of incumbent candidates higher than the number of members to be elected.
On each of the lists, neither the difference between the number of candidates holding each sex, nor the difference between the number of alternate candidates of each sex, can be greater than one.
Neither the first two incumbent candidates nor the first two alternate candidates from each of the lists can be of the same sex. »
Art. 4. In section 28quater of the same special law, inserted by the special law of 16 July 1993, the words ", or which, when the electoral districts coincide with or exceed the limits of the provinces, while being smaller than the Region, are presented in other electoral districts of the Region concerned" are deleted.
Art. 5. In article 29bis, paragraph 2, of the same special law, inserted by the special law of 16 July 1993, the words "in actual terms" are inserted between the words "Insulated applications" and the words "are supposed".
Art. 6. In section 29ter of the same special law, inserted by the special law of 16 July 1993, the following amendments are made:
1° paragraphs 1er renumber as paragraphs 2 to 4;
2° it is inserted a paragraph 1er as follows:
"Only admitted to the distribution of seats, the lists that obtained at least 5% of the overall total of votes validly expressed in the electoral district where they were presented by voters' votes. »;
3° in paragraph 1er becoming paragraph 2, the words "allowed to the distribution of seats" are inserted between the words "all lists" and the words "and put the quotients";
4° in paragraph 2 becoming paragraph 3, the words "allowed to distribution" are inserted between the words "lists" and the words "operates";
5° in the first sentence of paragraph 3 becoming paragraph 4, the words "holders and alternates" are inserted between the words "that they do not have candidates" and the words "unallocated seats";
6° in the same sentence of the same paragraph 3 becoming paragraph 4, the words "allowed to distribution; are inserted after the words "other lists".
Art. 7. In section 29quinquies of the same special law, inserted by the special law of 16 July 1993 and amended by the special law of 5 April 1995, the following amendments are made:
1° between subparagraphs 1er and 2, a new subparagraph is inserted as follows:
"Only allowed to participate in the operations set out in the following subparagraphs, lists that obtain at least 5% of the overall total of valid votes cast in the electoral district. »;
2° in the first sentence of paragraph 2 which becomes paragraph 3, the word "II" is replaced by the words "The main office of the electoral district".
Art. 8. In article 29sexies, § 1er, of the same special law, inserted by the special law of 16 July 1993 and amended by the special law of 5 April 1995, paragraph 3 is replaced by the following provision:
"Only eligible for the supplementary distribution, the lists being grouped together with the cumulative electoral figure of all electoral districts of the province in which they are cast by vote of the electors reaches at least 5% of the overall total of the valid votes cast throughout the province and provided that the electoral figure obtained by electoral district reaches at least one electoral district of the province, at least sixty-six per cent of the electoral sectioner. Insulated lists that meet this dual condition are also allowed for the supplementary distribution. »
Art. 9. In article 29septies, paragraph 9, first phrase, of the same special law, inserted by the special law of 16 July 1993, the words "holders and alternates" are inserted between the words "that they have no candidates" and the words "the provincial central office".
Art. 10. Section 29octies of the same special law, replaced by the special law of January 22, 2002, is replaced by the following provision:
"Art. 29octies. When the number of candidates holding a list is equal to the number of seats they return, these candidates are all elected.
When the first of these numbers exceeds the second, the seats are conferred on the incumbent candidates in the descending order of the number of votes they obtained. In case of parity of voice, the order of presentation prevails. Prerequisitely for the designation of elected officials, the principal office of the electoral district or the provincial central office, as the case may be, shall assign individual candidates holding half of the number of ballots favourable to the order of presentation of these candidates. This half was established by dividing by two the total number of ballots marked in mind and ballots marked exclusively in favour of one or more alternate candidates. The award of these ballots is based on a devout mode. They are added to the nominative votes obtained by the first incumbent candidate of the list, up to what is necessary to achieve the number of eligibility specific to each list. The surplus, if any, is allocated, to a similar extent, to the second incumbent candidate, then to the third, and so on, until half of the number of ballots favourable to the order of presentation of these candidates is exhausted.
The number of eligibility specific to each list is obtained by dividing the electoral figure of the list as determined in section 29bis by the number of seats allocated to it, plus a unit.
When the number of candidates holding a list is less than the number of seats they return, these candidates are elected and the surplus seats are conferred on alternate candidates who arrive first in the order set out in section 29nonies. In the absence of sufficient number of alternates, the distribution of surplus seats shall be adjusted in accordance with the last paragraph of section 29ter. "
Art. 11. Article 29octies 1 of the same special law, inserted by the special law of 22 January 2002, is repealed:
Art. 12. Section 29 of the same special law, replaced by the special law of January 22, 2002, is replaced by the following provision:
"Art. 29nonies. In each list of which one or more candidates are elected in accordance with Article 29octies, the candidates for the vote who obtained the largest number of votes, or, in the event of a parity of votes, in the order of registration to the ballot, are declared first, second, third alternate, and so on.
Prerequisitely to their designation, the principal office, having designated the holders, shall assign the individual to the alternates of half the number of ballots favourable to the order of presentation of these candidates. This half was established by dividing by two the total number of ballots marked in mind and ballots marked exclusively in favour of one or more incumbent candidates.
The award of these ballots is based on a devout mode. They are added to the nominative votes obtained by the first alternate candidate, to the extent necessary to achieve the number of eligibility referred to in section 29octies, paragraph 3. The surplus, if any, is attributed to a measure similar to the second alternate candidate, then to the third, and so on, according to the order of presentation, until half of the number of ballots favourable to the order of presentation of these candidates is exhausted.
No award shall be made for the benefit of candidates who are nominated as both holders and alternates and who are already appointed as elected from the holders in accordance with section 29octies. "
Art. 13. An article 29 1, as follows, is inserted in the same special law:
« Art. 29nonies 1. The possible decimals of the quotient that are obtained on the one hand, by dividing by two the total of the ballots referred to in articles 29octies and 29nonies, which are in favour of the order of presentation respectively of the incumbent candidates and alternate candidates, and on the other hand, by dividing the electoral figure of the list referred to in article 29bis by the number of seats that are returned to it, plus of one unit "
Art. 14. Section 29undecies, paragraph 2, of the same special law, inserted by the special law of 16 July 1993, is repealed.
Art. 15. In Article 59, § 2, 3°, of the same special law, the words "21 years" are replaced by the words "18 years".
CHAPTER III. - Election of the Council of the Brussels-Capital Region and the Brussels members of the Flemish Council. - Amendments to the special law of 12 January 1989 on Brussels institutions
Art. 16. In Article 12, § 1erParagraph 1er, 3°, of the special law of 12 January 1989 on Brussels institutions, the words "21 years" are replaced by the words "18 years".
Art. 17. In Article 16bis, § 1erof the same special law, inserted by the special law of 9 May 1989 and amended by the special laws of 13 July 2001 and 22 January 2002, paragraphs 1er and 2 are replaced by the following:
"In the presentation of candidates for membership of the Council, alternate candidates must be presented at the same time as they and in the same forms. Their presentation must, barely nullity, be made in the very act of presenting candidates to the actual terms, and the act must separately classify the candidates from the two categories, presented together, specifying them.
The number of candidates nominated for the petition must be equal to the number of candidates nominated for the effective term. However, where the number of candidates nominated for the actual term is greater than sixteen, the number of alternate candidates is mandatory at sixteen. When the actual number of candidates is less than four, the number of alternate candidates is mandatory to four.
The presentation of the incumbent and alternate candidates indicates the order in which these candidates are presented in each of the two categories.
No list may include a number of incumbent candidates higher than the number of members to be elected.
Non-recurrent applications are expected to be a separate list.
On each of the lists, neither the difference between the number of candidates holding each sex, nor the difference between the number of alternate candidates of each sex, can be greater than one.
Neither the first two incumbent candidates nor the first two alternate candidates from each of the lists can be of the same sex. »
Art. 18. In section 20 of the same special law, as amended by the special laws of 5 April 1995 and 13 July 2001, the following amendments are made:
1° in § 2, replaced by the special law of 13 July 2001, it is inserted between paragraphs 1er and 2 a new paragraph, as follows:
“Only allowed for the distribution of seats:
1° the groupings of lists of candidates of the French linguistic group of the Council, or the lists being part of the French linguistic group and supposed to form such a grouping pursuant to article 16bis, § 2, which obtained at least 5% of the general total of votes validly expressed in favour of all these groupings of lists or deemed such;
2° the groupings of lists of candidates of the Dutch language group of the Council, or the lists being part of that linguistic group and supposed to form such a grouping pursuant to article 16bis, § 2, which obtained at least 5% of the general total of votes validly expressed in favour of all these groupings of lists or deemed such;
3° the lists of candidates presented for the direct election of the Brussels members of the Flemish Council, who obtained at least 5% of the total general votes validly expressed in favour of all these lists. »;
2° in § 3, inserted by the special law of July 13, 2001, the words "29octies and 29nonies" are replaced by lies words "29octies, 29nonies and 29nonies 1 "
CHAPTER IV. - Transitional, abrogatory and final provisions
Art. 19. At the first full renewal of the Walloon Regional Council, the Flemish Council and the Brussels-Capital Region Council following the entry into force of this Act, neither the first three incumbent candidates nor the first three alternate candidates of each of the lists may be of the same sex.
In addition, on each of the lists, neither the difference between the number of candidates holding each sex, nor the difference between the number of alternate candidates of each sex, can be greater than one.
Art. 20. The special law of 18 July 2002 ensuring an equal presence of men and women on the lists of candidates for the elections of the Walloon Regional Council, the Flemish Council and the Brussels-Capital Region Council is repealed.
Art. 21. Within six months of their constitution, each of the Councils referred to in Article 19 shall conduct an assessment of the effects of the rules to ensure the equal presence of men and women on the lists of candidates for elections held for the renewal of these assemblies.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 2 March 2004.
ALBERT
By the King:
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Regular session 2003-2004.
House of Representatives.
Parliamentary documents. - Special bill, No. 584/1. - Amendment, No. 584/2. - Opinion of the Council of State, No. 584/3. - Amendments, No. 584/4-5. - Report, no. 584/6. - Amendments, No. 584/7. - Text adopted in plenary and transmitted to the Senate, No. 584/8.
Full report. 21-22 January 2004.
Regular session 2003-2004.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-473/1. - Amendments, No. 3-473/2. - Report, number 3-473/3. - Amendments, No. 3-473/4. - Text adopted in plenary and subject to Royal Assent, No. 3-473/5.
Annales of the Senate. - 5 February 2004.