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Law Amending The Electoral Code To Grant The Right To Vote To The Belgians Resident Abroad For The Election Of The Federal Legislative Chambers And Introducing Freedom Of Choice Of The Representative In Case Of Vote By Proxy (1)

Original Language Title: Loi modifiant le Code électoral en vue d'octroyer le droit de vote aux Belges résidant à l'étranger pour l'élection des Chambres législatives fédérales et instaurant la liberté de choix du mandataire en cas de vote par procuration (1)

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7 MARCH 2002. - An Act to amend the Electoral Code with a view to granting voting rights to Belgians residing abroad for the election of Federal Legislative Chambers and to establish the freedom of choice of agent in the event of a vote by proxy (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 77 of the Constitution.
CHAPTER II. - Amendments to the Electoral Code
Art. 2. Article 1er§ 1er, 3°, of the Electoral Code is supplemented as follows: "or be registered in the registers of the population held in diplomatic or consular career posts".
Art. 3. In article 147bis , § 2, of the same Code, paragraphs 1er 4 are replaced by the following provision: "Can be designated as an agent any other elector. »
Art. 4. Is inserted in the same Code, a new title IVbis entitled "Voting of Belgians residing abroad".
This title includes section 180, repealed by the Act of 16 July 1993 and re-established in a new wording, as well as sections 180bis to 180septics, as follows:
« TITRE IVbis . - Vote of Belgians residing abroad
CHAPTER Ier. - General provisions
Section 1re. - Principles
Art. 180. All Belgians registered in the registers of the population held in Belgian diplomatic or consular positions abroad and who meet the conditions of the electorate referred to in Article 1er, are subject to the obligation to vote.
The persons referred to in the first paragraph register as an elector in the Belgian commune of their choice.
They exercise their right to vote either in person or by proxy in a polling station in the territory of the Kingdom, either in person or by proxy in the diplomatic or consular post in which they are registered, or by correspondence.
Except as otherwise provided in this title, the provisions of the Electoral Code shall apply to election operations, irrespective of the method of voting chosen.
Diplomatic or consular careers verify the conditions of the electorate listed in Article 1er§ 1er.
Section 2. - Application form for voter registration Stop and communication of the list of electors
Art. 180bis . § 1er. Between the first day of 8e and the fifteenth day of 5e months prior to the date fixed for the regular renewal of the Legislative Chambers, each diplomatic or consular career post shall transmit to the Belgians registered in its midst an application form whose model is fixed by the King.
§ 2. Using this form, the Belgian resident abroad indicates how he intends to exercise his right to vote and the Belgian commune in which he wishes to be registered as an elector.
If it chooses a proxy voting mode, the Belgian resident abroad will also complete the proxy annexed to the form. The proxy model is set by the King.
§ 3. At the latest on the first day of the 4th month preceding that of the election, the Belgian resident abroad shall file in person or return by mail to the diplomatic or consular post in which he is registered, the form and, where applicable, the power of attorney, duly completed, dated and signed.
§ 4. After the verification of the conditions of the electorate in the head of the applicant, pursuant to section 180, paragraph 5, the diplomatic or consular posts shall transmit the form and, if any, the power of attorney annexed thereto, through the Ministry of Foreign Affairs, to the municipality chosen by the Belgian resident abroad, no later than the first day of the 3e months before the elections.
Upon receipt of the forms, the municipality registers the Belgian resident abroad on the list of electors, indicating the method of voting chosen.
As soon as the list of electors is stopped, in accordance with Article 10 § 1erParagraph 1er, the Collège des bourgmestre et échevins send a copy of the list of Belgian electors from abroad who have chosen the vote in person or by proxy in diplomatic or consular posts to the president of the main electoral district office and to the president of the main provincial office, as well as to the Ministry of Foreign Affairs.
The Belgians residing abroad who are on the list of electors are striped of it when, between the date on which it is arrested and the day of the election, either they cease to satisfy the condition of being Belgian or they come to die.
Belgian electors residing abroad who, after the date on which the list of electors is arrested, are subject to a conviction or a decision in their head either to exclude electoral rights, or to suspend on the date of the election, of the same rights, are similarly removed from the list of electors.
§ 5. When the diplomatic or career consular post refuses to accept a Belgian resident abroad as an elector, it shall notify the person concerned in writing by motivating it and communicate the copy of this decision, via the Ministry of Foreign Affairs, to the Belgian commune in which the person concerned expressed the wish to be registered as an elector.
Within thirty days of this notification, the interested party may file a claim in writing before the College of Bourgmestre and Echevins of the commune in which he declared that he would be registered as an elector.
The College of Bourgmestres and Echevins shall take action within fifteen days of receipt of the claim and its decision shall be immediately notified in writing to the interested party, via the diplomatic or consular post in which it is registered.
The interested party may appeal this decision to the Brussels Court of Appeal within 30 days of the notification.
Upon expiry of this period, the decision of the College of Bourgmestre and Echevins is final.
The appeal is filed by a request to the Attorney General near the Brussels Court of Appeal. The latter immediately informs the College of Bourgmestre and Echevins of the municipality concerned.
The parties have a period of twenty days from the receipt of the request to file new findings. This expired period, the Attorney General shall send within two days the file, to which the new documents or conclusions may be attached, to the Chief Clerk of the Court of Appeal of Brussels who acknowledges their receipt.
Sections 28 to 39 are applicable.
§ 6. In the case provided for in section 106, the list of Belgian electors residing abroad is stopped on the fifteenth day before the election.
However, voters are summoned by ballot on the basis of the list prepared for the regular meeting of the electoral colleges, when the dissolution of the chambers or one of them occurs after the eightieth day preceding the date of the ordinary meeting of the electoral colleges, with the consequence that an election must be organized before the scheduled date.
The provisions of sections 15 and 93 shall apply, subject to the following modifications:
1° in paragraph 1er of Article 15, the words "and that referred to in Article 180bis , § 6, paragraph 1er are inserted after the words "Article 10" and the words "was established" are deleted;
2° to section 93, the following paragraph shall be inserted between paragraphs 1er and 2: "For Belgians residing abroad, the governor of the province or the employee whom the latter designates shall make such transmission twelve days at least before the election. »
The operations set out in paragraphs 1er 4 of this article, including receipt of forms by municipalities, shall be completed before 15e day before the election date.
The governor of the province or the employee whom the latter designates shall ensure that the Collège des bourgmestre et échevins send at least ten days before that of the election, a ballot letter to each Belgian elector residing abroad, via the diplomatic or consular career station in which he is registered.
CHAPTER II. - Different voting modes
Section 1re. - The vote in person in a Belgian commune
Art. 180ter. The Collège des bourgmestre et échevins de la commune chosen by the Belgian resident abroad sends to the residence of the latter, via the diplomatic or consular post in which it is registered and in accordance with the terms prescribed in Article 107, a letter of convocation by ballot.
In order to be allowed to vote in a Belgian commune, the Belgian resident abroad may establish his or her identity, by derogation from article 142, paragraph 2, by producing a document other than the identity card.
Section 2. - The vote by proxy in a Belgian commune
Art. 180quater . § 1er. By means of the proxy annexed to the form referred to in section 180bis, the Belgian resident abroad who has chosen the proxy vote in a Belgian commune designates an agent among the electors of the commune where he has chosen to be registered as an elector.
§ 2. Each agent can only have one proxy.
§ 3. The power of attorney, signed by the principal, mentions the names, names, date of birth and address of the principal and agent.
§ 4. When the representative appointed by the Belgian elector residing abroad, the Collège des bourgmestre et échevins annexed to the convocation an extract of the power to vote on his behalf.
§ 5. In order to be received to vote on behalf of the agent, the agent shall hand over the power of attorney to the chair of the polling station and shall present his own identity card and his or her own convocation to the poll on which the president mentions "a vote by proxy".
Section 3. - The vote in person
in diplomatic or consular careers
Art. 180quinquies . § 1er. The Collège des bourgmestre et échevins de la commune chosen by the Belgian resident abroad sends to the residence of the latter, via the diplomatic or consular post in which it is registered and in accordance with the terms prescribed in Article 107, a letter of convocation by ballot.
§ 2. On or before the twelfth day preceding the election day, the Speaker of the Chief Electoral Officer, for the election of the House of Representatives, and the Chief Provincial Officer referred to in section 94bis, § 2, for the election of the Senate, send the ballots for each of the two Legislative Chambers to the Ministry of Foreign Affairs.
Upon receipt, ballots, accompanied by a copy of the list of electors who have chosen this method of voting, are sent to diplomatic or career consular posts by the Ministry of Foreign Affairs.
The diplomatic or consular career posts established in a Member State of the European Union organize the election on Saturday before the day of the election on the territory of the Kingdom, from 8 a.m. to 1 p.m., local time.
The diplomatic or consular career posts established in a non-EU State shall hold the election on Friday before the day of the election on the territory of the Kingdom, from 8 a.m. to 1 p.m., local time.
§ 3. The King shall establish a list of diplomatic or consular career posts in which one or more polling stations are constituted in accordance with Article 90.
A polling station is composed of the president, four assessors, four alternate assessors and one secretary.
The Chief of Post, or the person he designates, shall serve as President of the Diplomatic or Career Consular Voting Office.
The assessors and alternate assessors are appointed by the president of the voting office of the diplomatic or career consular post at least twelve days before the election in the post, among the members of the diplomatic or career consular post or among the Belgian electors registered with the diplomatic or career consular post on the day of the election, at least thirty years and knowing how to read and write.
The Secretary shall be appointed by the President of the Diplomatic or Consular Post Voting Office among members of the diplomatic or consular post or among electors registered with the diplomatic or consular post.
The President of the polling station of the diplomatic or consular career position shall take the necessary measures to permit public consultation of the list of the voting officers.
§ 4. It is constituted within the Ministry of Foreign Affairs, at least seventy-nine days before the election, a special office for the counting of the ballots of Belgians residing abroad who have opted for the vote in person in diplomatic or consular career posts.
In the case provided for in section 106, the special counting office shall be established on the date of the royal order setting the date of the election.
The special counting office consists of a president, four assessors, four alternate assessors and one secretary.
The special counting office is presided over by the president of the Brussels Court of First Instance or, if he fails, by the magistrate whom he has designated for that purpose.
Members of the Special Deployment Office are appointed from the Department of Foreign Affairs.
The chair of the special counting office may, depending on the number of Belgians residing abroad who have chosen to vote in diplomatic or consular career posts, extend the composition of this office.
§ 5. The special counting office proceeds from 14 hours on the day of the election on the territory of the Kingdom.
Upon the closure of the polling stations established in diplomatic or consular career posts, the ballots shall be forwarded by the person designated for that purpose by the chair of the office to the Ministry of Foreign Affairs.
The ballots are kept under closed envelope until the debris operations begin.
The ballots must be sent to the Ministry of Foreign Affairs at the latest at the time of the closure of the polling stations in the territory of the Kingdom.
The ballots that reach the Ministry of Foreign Affairs beyond the time limit set out in the preceding paragraph are not taken into account and are destroyed by the President of the Special Debt Office.
§ 6. The special counting office shall establish, for each electoral district, for the election to the House of Representatives, and for each of the colleges, with respect to the election to the Senate, a table showing the results of the census of votes in the order and according to the indications of a model table to be drawn up either by the president of the main electoral district office or by the president of the principal provincial office referred to in section 94bis.
The results of the counting of the votes of the Belgians residing abroad are transmitted by the President of the special counting office, or by the persons he has designated for that purpose, either to the President of the main electoral district office or to the President of the senior college office, depending on the results for the House of Representatives or the results for the Senate. The Chair of the Special Deployment Office shall take all necessary measures to ensure that these results reach the Chair of the Chief Electoral Officer and the Chair of the Chief College in due course.
The results of the counting of votes of Belgians residing abroad and voting in a diplomatic or consular career are integrated into all the votes cast in the electoral district or in the college.
§ 7. The provisions of Article 104 shall apply to the polling stations established in diplomatic or consular career posts and to the special counting office referred to in paragraphs 3 and 4 of this Article.
Section 4. - The vote by proxy
in diplomatic or consular careers
Art. 180sexies. § 1er. By means of the power of attorney annexed to the form referred to in section 180bis, the Belgian resident abroad who has chosen to vote by proxy in the diplomatic or consular career position in which he is registered, means an agent among the electors registered in that same position.
§ 2. Each agent can only have one proxy.
§ 3. The power of attorney, signed by the principal, mentions the names, names, date of birth and address of the principal and agent.
§ 4. When the representative appointed by the Belgian elector residing abroad, the Collège des bourgmestre et échevins annexed to the convocation an extract of the power to vote on his behalf.
§ 5. In order to be received to vote on behalf of the agent, the agent shall give the president of the voting office of the diplomatic or consular career the power of attorney and shall present his own identity document and his own convocation to the poll on which the president mentions "a vote by proxy".
§ 6. The counting and distribution of these votes shall take place according to the procedure provided for in Article 180quinquies, §§ 4 to 6.
Section 5. - Voting by correspondence
Art. 180s. § 1er. At the latest on the twelfth day preceding the election day, the president of the main office of the electoral district, with respect to the election of the House of Representatives, and the president of the principal provincial office referred to in section 94bis , § 2, with regard to the election of the Senate, shall address to Belgian electors residing abroad and having chosen to vote by correspondence, via the diplomatic or career consular post in which these Belges are registered:
1° a reference envelope Declared either at the address of the president of the main office of the electoral district of which the Belgian resident abroad reports, or at the address of the president of the provincial office of which he reports;
2° a neutral B envelope containing a ballot of the electoral district or of the assembly college duly stamped to the reverse by means of a stamp bearing the date of the election and the mention "Belgian voting abroad";
3° a form that the elector is invited to sign after completing it with the indication of his name, first names, date of birth and full address;
4° of the instructions for the elector conforming to the models Ibis -a and Ibis -b annexed to this Code.
For the preparation of the electoral envelopes referred to in paragraph 1er, the main electoral district and provincial offices are based on the lists of electors that were communicated to them by the Belgian municipalities of registration pursuant to section 180bis , § 4, paragraph 3.
The envelope and form model referred to in paragraph 1er is fixed by the Minister of the Interior.
§ 2. The Belgian resident abroad issues his vote on the ballot slipped in the neutral B envelope referred to in § 1erParagraph 1er, 2°, and after having repainted the ballot duly folded in this envelope, he closes it.
In the reference envelope A that it sends to the main electoral district and provincial offices, the Belgian elector residing abroad slips, on the one hand, the neutral envelope B containing the ballot and, on the other, the form referred to in § 1erParagraph 1er, 3°, duly completed.
§ 3. Referral envelopes to the offices referred to in § 2, paragraph 2, after the closure of the polling stations established in Belgium are not taken into account and are destroyed by the president of the main electoral district office and by the president of the main provincial office.
§ 4. The Chair of the Chief Electoral Officer and the Chair of the Provincial Senior Office as it relates to the election for the House of Representatives or for the Senate, open these envelopes as they receive them. The names of the electors are listed on the lists of electors who have been transmitted to them by the colleges of the bourgmestres and echevins, after verification of the concordance of the statements of these lists with the mentions of the form referred to in § 1erParagraph 1erThree.
Neutral B envelopes containing ballots are kept duly closed until the start of the counting operations.
§ 5. On the day of the election, at the close of the polling stations, the president of the main electoral district office and the president of the main provincial office shall issue the ballots from the Belgians residing abroad by distributing these ballots between the counting offices of the canton of which is part of the municipality of the district or province.
The counting offices referred to in the preceding paragraph may only begin their operations after intermingling the ballots from Belgian electors residing abroad with the ballots referred to in Article 149, paragraph 1er.
In case the canton referred to in paragraph 1er is fully automated, the president of the main electoral district office and the president of the main provincial office distribute the ballots from Belgians residing abroad between the counting offices of another canton of that district or province.
In the provinces where the vote is fully automated, the president of the provincial chief office for the Senate election sends the ballots from the Belgians from abroad to the president of the chief college office that distributes these ballots between the college provinces where the vote is not fully automated.
If the electoral district or college is fully automated, the chair of the main electoral district office and the chair of the principal college office shall constitute one or more manual counting offices, as prescribed in the sections of this Code. »
Art. 5. Ibis -a and Ibis -b models referred to in Article 180s, § 1erParagraph 1er, 4°, of the same Code, are entitled " Instructions for the Belgian elector residing abroad and having chosen to express his or her vote by correspondence". They relate respectively to the election of the House of Representatives and the election of the Senate and complete Schedule 1 to the same Code, replaced by the Act of 5 April 1995 and amended by the Act of 27 December 2000. They are annexed to this Act.
CHAPTER III. - Abrogatory provision
Art. 6. Sections 2, 11, 107ter and 147ter of the Electoral Code, inserted by the Act of 18 December 1998, are repealed.
CHAPTER IV. - Entry into force
Art. 7. This Act comes into force during the next full renewal of the Federal Legislative Chambers.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 March 2002.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUESNE
Minister of Foreign Affairs,
L. MICHEL
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2000-2001.
House of Representatives.
Parliamentary document. - Bill No. 1378/1.
Regular session 2001-2002.
House of Representatives.
Parliamentary documents. - Report made on behalf of the commission, No. 1378/2. - Amendments submitted after deposit of the report, No. 1378/3. - Text adopted in plenary and transmitted to the Senate, No. 1378/4.
Annales of the House of Representatives. - Discussion and adoption. Meetings of 28 and 29 November 2001.
Regular session 2001-2002.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 970/1. - Amendments, no. 970/2. - Report made on behalf of the commission, no. 970/3. - Text adopted in plenary and subject to Royal Assent, No. 970/4.
Annales of the Senate. - Discussion and adoption. Session of February 21, 2002.
Annex
Instructions for the Belgian elector residing abroad
and having chosen to express his vote by correspondence
(Models Ibis -a and Ibis -b referred to in article 180s, § 1erParagraph 1er, 4°, of the Electoral Code)
Model Ibis -a
Election of the House of Representatives of ...
Ma'am, sir,
We invite you to vote in accordance with the following procedure:
1. The electoral envelope addressed to you contains:
- a reference envelope Declared at the address of the president of the main electoral district office of which you belong;
- a neutral B envelope containing the ballot of your electoral district, duly stamped;
- a form that you are invited to sign after completing it with the indication of your name, first names, date of birth and full address.
2. It is up to you to issue your vote on the ballot in neutral envelope B, taking into account the following instructions:
(a) You can vote for one or more candidates from the same list.
The candidates are listed in the same column of the ballot. The names and names of the candidates are listed in the column reserved for them, according to the order of the presentations.
The lists are classified in the ballot in the growing order of the number that was assigned to each of them by lot print.
(b) If you adhere to the order of presentation of candidates from the list that has your support, you fill, using a red pencil, the central clear point placed at the top of this list.
If you want to change this order, you give a nominal vote by filling, using a red pencil, the central clear point of the box placed after the candidate(s) of your choice.
The electoral figure of a list is the addition of the number of ballots marked at the top of this list and the number of ballots marked in favour of one or more candidates.
(c) I don't know.
- any other bulletin than that found in neutral envelope B;
- this ballot itself:
- if you do not vote on it;
- if you mark more than one list vote or nominal votes on different lists;
- if you mark both a vote at the top of a list and next to the name of one or more candidates from another list;
- if the shapes and dimensions have been altered or if they contain any paper or object inside;
- if a rature, sign or mark not authorized by law can make the author of the ballot recognisable.
(d) You are liable to sanctions if you vote while you do not meet the conditions of the electorate.
3. After marking your vote, place the ballot duly folded in the neutral B envelope and close it.
4. Then click separately in the reference envelope To the neutral B envelope containing the ballot and the form referred to in point 1, duly signed and completed by you. Your vote will be cancelled if the ballot is not accompanied by this form or if it is not completed and signed.
5. Reference envelope A must be sent to the President of the main electoral district office no later than the day of the election in Belgium at 1 p.m. After this deadline, your vote will not be taken into consideration.
For the main electoral district office,
The President, The Secretary,
Model Ibis -b
Election of the Senate ...
Ma'am, sir,
We invite you to vote in accordance with the following procedure:
1. The electoral envelope addressed to you contains:
- a reference envelope To the address of the president of the province's main office of which you belong;
- a neutral B envelope containing the ballot of your electoral district, duly stamped;
- a form that you are invited to sign after completing it with the indication of your name, first names, date of birth and full address.
2. It is up to you to issue your vote on the ballot in neutral envelope B, taking into account the following instructions:
(a) You can vote for one or more candidates from the same list.
The candidates are listed in the same column of the ballot. The names and names of the candidates are listed in the column reserved for them, according to the order of the presentations.
The lists are classified in the ballot in the growing order of the number that was assigned to each of them by lot print.
(b) If you adhere to the order of presentation of candidates from the list that has your support, you fill, using a red pencil, the central clear point placed at the top of this list.
If you want to change this order, you give a nominal vote by filling, using a red pencil, the central clear point of the box placed after the candidate(s) of your choice.
The electoral figure of a list is the addition of the number of ballots marked at the top of this list and the number of ballots marked in favour of one or more candidates.
(c) I don't know.
- any other bulletin than that found in neutral envelope B;
- this ballot itself:
- if you do not vote on it;
- if you mark more than one list vote or nominal votes on different lists;
- if you mark both a vote at the top of a list and next to the name of one or more candidates from another list;
- if the shapes and dimensions have been altered or if they contain any paper or object inside;
- if a rature, sign or mark not authorized by law can make the author of the ballot recognisable.
(d) You are liable to sanctions if you vote while you do not meet the conditions of the electorate.
3. After marking your vote, place the ballot duly folded in the neutral B envelope and close it.
4. Then click separately in the reference envelope To the neutral B envelope containing the ballot and the form referred to in point 1, duly signed and completed by you. Your vote will be cancelled if the ballot is not accompanied by this form or if it is not completed and signed.
5. Reference envelope A must be sent to the president of the province's main office no later than the day of the election in Belgium at 1 p.m. After this deadline, your vote will not be taken into consideration.
For the main provincial office,
The President, The Secretary,