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An Act To Amend The Electoral Code As Well As Its Annex (1)

Original Language Title: Loi modifiant le Code électoral ainsi que son annexe (1)

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13 DECEMBER 2002. - An Act to amend the Electoral Code and its Schedule (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 Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Electoral Code for the Election of Federal Legislative Chambers
Art. 2. The table referred to in section 87 of the Electoral Code and annexed to it, which includes administrative districts in electoral districts, is replaced by the table annexed to this Act.
Art. 3. Section 94 of the Electoral Code, replaced by the Act of 5 July 1976 and amended by the ordinary Act of 16 July 1993 and the Royal Decree of 5 April 1994, are amended as follows:
1° it is inserted between paragraphs 4 and 5 a new paragraph, which reads as follows:
"In the main office of the electoral district of Brussels-Hal-Vilvorde, at least one of the assessors is a judge of the court of first instance in Brussels of the other linguistic role than that of the president of the main office. »;
2° it is added to the current text, which will form § 1era § 2, which reads as follows:
Ҥ2. Without prejudice to the provisions of paragraphs 2 and 2:
1° the main office of the electoral district of Brussels-Hal-Vilvorde is responsible for the operations relating to the lists of French-speaking candidates and the lists of Dutch-speaking candidates registered in this electoral district;
2° the principal office of the electoral district of Louvain is responsible for the operations relating to the lists of candidates filed in the electoral district of Louvain.
For operations that concern both the electoral district of Brussels-Hal-Vilvorde and the electoral district of Louvain, it is constituted an office bringing together the members of each of these two offices.
The office referred to in the previous paragraph, referred to as the "office brought together", sits at the head of the electoral district of Brussels-Hal-Vilvorde. It is chaired by the chair of the electoral district office that includes the largest number of inhabitants. In the event of a parity of the votes in the office, the President's voice is preponderant. The consolidated office is responsible for the following operations:
1 the formulation and printing of the ballot, referred to in articles 127 to 129;
2. the conduct of the census of votes, designation and proclamation of the elect, referred to in articles 164 and 172 to 176;
3° the establishment of the record of the election referred to in section 177.
If the applicant is to be placed in the main electoral district, the applicant is to be placed in the main electoral district of Brussels, or the candidate is to be placed in the main electoral district. "
Art. 4. In section 115 of the same Code, replaced by the Act of 5 July 1976 and amended by the ordinary Act of 16 July 1993, paragraphs 2 and 3 are replaced by the following paragraphs:
"In the electoral district of Brussels-Hal-Vilvorde for the election of the House of Representatives, French-speaking candidates and Dutch-speaking candidates are presented on separate lists.
The lists of Dutch candidates presented in this electoral district are common to the lists of candidates presented in the electoral district of Louvain.
Submissions of candidates referred to in the preceding paragraph shall be filed in the hands of the President of the main office either of the electoral district of Brussels-Hal-Vilvorde or of the electoral district of Louvain.
The candidates on a list placed in the hands of the president of the main office of the electoral district of Brussels-Hal-Vilvorde must certify in the act of acceptance of their applications referred to in Article 116, § 4, last paragraph, whether they are French or Dutch. Sections 119quater and 125quinquies are applicable to these language expression statements.
For the election of the House of Representatives, the grouping statements referred to in section 132, paragraph 2, shall be delivered, on the tenth day before the election, from 2 to 4 p.m., in the hands of the president of the main office of the electoral district of Brussels-Hal-Vilvorde.
This office performs the functions of the "provincial central office" under sections 132 to 137 and 170 to 171. »
Art. 5. Section 116 of the Code, replaced by the ordinary law of 16 July 1993 and amended by the laws of 11 April 1994, 10 April 1995, 19 November 1998, 18 December 1998 and 27 December 2000, are amended as follows:
1° § 1er is supplemented by the following paragraphs:
"For the determination of the minimum number of signatures of electors to be affixed to a presentation of Dutch-speaking candidates to the president of the main office of the electoral district of Brussels-Hal-Vilvorde or a presentation of candidates to the president of the main office of the electoral district of Louvain, is taken into consideration the figure of the total population included in these two electoral districts.
Both electors registered on the list of electors of a municipality in the electoral district of Brussels-Hal-Vilvorde and those registered on the list of electors of a commune in the electoral district of Louvain may affix their signature on the nominations of candidates referred to in the preceding paragraph. »;
2° § 5, paragraph 5, is supplemented by the following provision:
"However, the maximum number of candidates admitted to a list filed in the electoral district of Louvain or in the electoral district of Brussels-Hal-Vilvorde is determined by adding the number of members to be elected in each of these two electoral districts. »
Art. 6. Section 132, paragraph 2, of the same Code, replaced by the ordinary law of 16 July 1993, is replaced by the following paragraph:
"These statements can only cover the grouping between, on the one hand, lists presented in the electoral district of Brussels-Hal-Vilvorde and whose candidates have, in the act of acceptance of their applications referred to in Article 116, § 4, last paragraph, certified that they are of French expression, and on the other, lists filed in the electoral district of Brabant Wallon. »
Art. 7. Section 133 of the Code, replaced by the Act of 17 March 1958 and amended by the ordinary Act of 16 July 1993 and by the Act of 27 December 2000, is amended as follows:
1° in paragraph 1er, the last sentence is replaced by the following sentence: "It must hardly be null and void, be signed by all incumbent candidates or by two of the first three candidates holding the list and meet the accession, expressed by a similar declaration, under the same conditions, of the incumbent candidates or two of the first three candidates holding the designated list. »;
2° Paragraph 2 is repealed.
Art. 8. Section 134 of the same Code, replaced by the Act of 17 May 1949 and amended by the Act of 30 July 1991 and the ordinary Act of 16 July 1993, as well as by the Royal Decree of 5 April 1994, are amended as follows:
1° paragraph 2 is replaced by the following provision:
"If one of the lists included in the list is excluded, the declaration becomes not applicable. »;
2° in paragraph 3, the words "Similar" are deleted;
3° in paragraph 4, second sentence, the words "of the province" are replaced by the words "in which there is grouping".
Art. 9. In section 137 of the same Code, the words "of the province's capital" are replaced by the words "of the township of the electoral district of Brussels-Hal-Vilvorde".
Art. 10. Article 161bis of the same Code, inserted by the ordinary law of 16 July 1993 and the current text of which will constitute § 1er, is supplemented by § 2 written as follows:
“§2. The main office of the electoral district of Brussels-Hal-Vilvorde for the election of the House of Representatives draws two summary tables: one established in French, in which the data on the tables drawn up by the presidents of the main offices of the canton to record the results of the counting of the votes expressed in favour of the lists of candidates of French expression; the other established in Dutch, in which the data on the tables prepared by the presidents of the main cantonal offices are repeated to record the results of the counting of the votes cast in favour of the lists of Dutch expression candidates. »
Art. 11. It is inserted in Title IV of the same Code a chapter Vbis comprising articles 168bis to 168quater, as follows:
« CHAPTER Vbis. - The distribution of seats for the election of the House of Representatives in the electoral districts of Brussels-Hal-Vilvorde, Louvain and Walloon Brabant
Art. 168bis. - Before the devolution of seats in the electoral district of Brussels-Hal-Vilvorde, the main office of the electoral district of Brussels-Hal-Vilvorde distributes these between the lists of French-speaking candidates and the lists of Dutch-speaking candidates in the manner specified in the following paragraph.
The office establishes an electoral divider by dividing the general total of ballots valid by the number of seats to be allocated in the electoral district. It divides the totals of the electoral figures obtained respectively by the lists of French-speaking candidates and by the lists of Dutch-speaking candidates. For each group of lists, it sets its electoral quota, whose units indicate the number of seats acquired; the remaining seat to be conferred is assigned to the group of lists whose quotient has the highest fraction. In the event of a fractional equality, the remaining seat is conferred on the group of lists with the highest electoral figure.
Art. 168ter. - For the distribution of seats to be given to the lists of Dutch candidates presented in the electoral district of Brussels-Hal-Vilvorde and in the electoral district of Louvain, the main office of the electoral district of Louvain adds the electoral figures that these lists obtained in Brussels-Hal-Vilvorde and Louvain.
He then distributed the total of seats returning to the lists of Dutch candidates presented in the electoral district of Brussels-Hal-Vilvorde and in the electoral district of Louvain, following the procedure set out in sections 167 and 168.
Art. 168quater. - The distribution of seats to be given to the lists of French-speaking candidates presented in the electoral district of Brussels-Hal-Vilvorde and the lists of candidates nominated in the electoral district of Brabant Wallon shall be carried out in accordance with sections 169 to 171. »
Art. 12. In section 171, paragraph 9, of the same Code, replaced by the ordinary law of 16 July 1993 and amended by the Act of 27 December 2000, the words "holders and alternates" are inserted between the words "that they have no candidates" and the words "the provincial central office".
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, 13 December 2002.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
L. MICHEL
Deputy Prime Minister and Minister of Budget,
of Social Integration and Social Economy,
J. VANDE LANOTTE
The Minister of the Interior,
A. DUQUESNE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Regular session 2001-2002.
House of Representatives.
Parliamentary document. - Text adopted in plenary and transmitted to the Senate, No. 2035/1.
Full report: 20 July, 12, 13 and 25 September 2002.
Regular session 2001-2002.
Senate.
Parliamentary document. - Project referred to by the Senate, No. 1281/1.
Regular session 2002-2003.
Senate.
Parliamentary documents. - Amendments, No. 1281/2. - Report, no. 1281/3. - Amendments, No. 1281/4. - Decision not to amend, No. 1281/5.
Annales of the Senate: November 7, 2002.

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