22 JANVIER 2002. - An Act to amend the Act of 12 January 1989 regulating the election of the Council of the Brussels-Capital Region and the ordinary law of 16 July 1993 to complete the federal structure of the State (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 II. - Amendments to the law of 12 January 1989 regulating the terms of the election of the Council of the Brussels-Capital Region
Art. 2. The title of the law of 12 January 1989 regulating the terms of the election of the Council of the Brussels-Capital Region is replaced by the following title:
"Act of 12 January 1989 regulating the terms of the election of the Council of the Brussels-Capital Region and the Brussels members of the Flemish Council. »
Art. 3. Article 1^er the Act is supplemented by the following paragraph:
"However, by the words "the Commission" referred to in paragraph 1^er, 2°, the Flemish Council must be heard with regard to the direct election of the Brussels members within it. »
Art. 4. An article 10bis, as follows, is inserted in the same law:
"Art. 10bis. For the application of Article 60bis of the special law of 12 January 1989 on Brussels institutions, inserted by the special law of 13 July 2001 on transfer of various competences to the regions and communities, the correspondence between the lists of candidates for the election of the Council of the Brussels-Capital Region and the lists of candidates for the election of the Flemish Council is established by a mutual declaration signed by at least two of the first three candidates of the lists of the same »
Art. 5. In article 11bis, paragraph 3, of the same law, inserted by the law of 24 May 1994, the words "of the Brussels-Capital Region" are deleted.
Art. 6. In section 12 of the Act, replaced by the Act of 24 May 1994, the following amendments are made:
A) in the introductory sentence of § 2, the words "and article 24bis, § 1^erParagraph 1^er, 4°, (a), paragraph 2, of the special law of 8 August 1980 of institutional reforms are inserted between the words "special law" and the words "regional office";
B) in § 2, 1°, the words "at the aforementioned provision" are replaced by the words ", as the case may be, with the provisions specified; "
Art. 7. In article 14, § 2, of the Act, as amended by the Act of 16 July 1993, the following paragraph shall be inserted between paragraphs 5 and 6:
"In addition, below the lists of the Dutch language regime, are lists for the direct election of the Brussels members of the Flemish Council. »
Art. 8. In article 16 of the same law, amended by the laws of 16 July 1993 and 5 April 1995, is inserted a § 1^erbis, as follows:
« § 1^erbis. An elector who has not voted in favour of a list of candidates belonging to the French linguistic group may issue a vote in favour of a list presented for the direct election of Brussels members of the Flemish Council, in the same manner as those provided in § 1^er. »
Art. 9. In Article 17 of the Act, § 3, repealed by the Act of 5 April 1995, is reinstated in the following wording:
“§3. The office carries out the same operations as those described in § 2 for the direct election of the Brussels members of the Flemish Council. »
Art. 10. Article 18, paragraph 1^erthe same Act, as amended by the Act of 5 April 1995, is supplemented as follows:
"6° those in which the elector voted both in favour of a list of candidates from the French linguistic group and a list of candidates presented for the direct election of the Brussels members of the Flemish Council. »
Art. 11. In article 19 of the same law, amended by the laws of 16 July 1993 and 5 April 1995, is inserted a § 1^erbis, as follows:
« § 1^erbis. The operations described in § 1^er is also done, but in a separate way, for the direct election of the Brussels members of the Flemish Council.
However, the document referred to in § 1^er, paragraph 5, bears in this case for a waiver "Direct election of Brussels members of the Flemish Council. »
Art. 12. In section 20 of the Act, the following amendments are made:
A) to § 1^er, paragraph 2, the words "to the President of the Executive and the Minister of the Interior" are replaced by the words "to the President of the Government of Brussels for the direct election of the members of the Council of the Brussels Region and to the President of the Flemish Government for the direct election of the Brussels members of the Flemish Council, as well as to the Federal Minister of the Interior. »;
B) in § 2, as amended by the Act of 16 July 1993, the following paragraph shall be inserted between paragraphs 2 and 3:
"A copy of the minutes of the direct election of the Brussels members of the Flemish Council is sent to the Registrar of the Flemish Council. »
Art. 13. In title III of the same law, the words "of the Brussels Capital Region" are deleted.
Art. 14. In section 26 of the Act, the following amendments are made:
A) in § 1^erParagraphs 1^er and 4, the words "in both elections" are replaced by the words "in all elections";
B) in § 2, paragraph 1^er, the words "the two elections" are replaced by the words "all elections".
Art. 15. In title IIIbis of the same law, the words "of the Brussels-Capital Region" are deleted.
Art. 16. In Article 29 of the Act, replaced by the Act of 16 July 1993, the words "of the Brussels-Capital Region" are deleted.
Art. 17. In title IIIter of the same law, inserted by the law of 18 December 1998, the words "of the Brussels Capital Region" are deleted.
Art. 18. In article 41, paragraph 2, of the same law, inserted by the law of 18 December 1998, the words "of the Brussels-Capital Region" are deleted.
Art. 19. Model I instructions for the elector, annexed to the same Act, are replaced by the instructions in Appendix 1 to this Act.
Art. 20. Model II of the ballot for the election of the Council, as set out in Schedule 2 to the Act, is replaced by the model set out in Appendix 2 to this Act.
CHAPTER III. - Amendment of the ordinary law of 16 July 1993 to complete the federal structure of the State
Art. 21. It is included in the Act of 16 July 1993 to complete the federal structure of the State, an article 13bis, which reads as follows:
"Art. 13bis. For the application of Article 60bis of the special law of 12 January 1989 on Brussels institutions, inserted by the special law of 13 July 2001 on transfer of various competences to the regions and communities, the correspondence between the lists of candidates for the election of the Council of the Brussels-Capital Region and the lists of candidates for the election of the Flemish Council is established by a mutual declaration signed by at least two of the first three candidates of the lists of the same »
CHAPTER IV. - Entry into force
Art. 22. This Act comes into force on the day of the entry into force of sections 12, 13, 14, 21, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 37 and 38 of the Special Act of 13 July 2001 transferring various powers to regions and communities.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 January 2002.
ALBERT
By the King:
For the Prime Minister, absent,
The Minister of Budget,
J. VANDE LANOTTE
Deputy Prime Minister and Minister for Foreign Affairs,
L. MICHEL
Deputy Prime Minister and Minister of Budget, 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
____
Note
(1) Regular session 2000-2001.
House of Representatives.
Parliamentary documents. - Bill No. 1247/1. - Opinion of the Council of State, No. 1247/2. - Amendments, No. 1247/3. - Report, no. 1247/4. - Text adopted in plenary and transmitted to the Senate, No. 1247/5.
Annales of the House of Representatives. - Discussion and adoption, meetings of 30 and 31 May 2001.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 771/1. - Amendments, no. 771/2. - Report, no. 771/3. - Amendments filed after approval of the report, No. 771/4. - Text adopted in plenary and subject to Royal Assent, No. 771/5.
Annales of the Senate. - Discussion and adoption. Meetings on 10 and 12 July 2001.
Annex 1: Model I
Instructions for the elector
(See articles 8, paragraph 4, 13, paragraph 2, paragraph 2, and 15, paragraph 2, paragraph 1^erof the law of 12 January 1989 regulating the terms of the election of the Council of the Brussels-Capital Region)
1. Electors are allowed to vote from 8 a.m. to 1 p.m. However, any elector before 1 p.m. in the premises is still allowed to vote.
2. The elector may issue, both for the election of the Council of the Brussels-Capital Region and for the direct election of the Brussels members of the Flemish Council, a vote for one or more candidates of the same list.
However, only electors who do not vote in favour of a list of candidates from the French language group of the Council may vote in favour of a list of candidates nominated for the direct election of Brussels members of the Flemish Council.
3. The candidates are listed in the same column of the ballot.
The names and names of the candidates from each list are listed on the ballot in the order in which they appear on the presentation.
The lists are classified in the ballot in the growing order of the number that was assigned to each of them by lot print. However, incomplete lists may be placed below each other.
4. If the elector adheres to the order of presentation of the candidates of the list who has his support, he fills, by means of the pencil at his disposal, the central point of the box placed at the top of the list.
If he wants to change this order, he shall give a name vote by filling with the pencil at his disposal, the central point of the box placed after the candidate(s) of his 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.
5. After checking the identity card and the letter of summons, the chair of the office shall give the elector a ballot in exchange for his letter of summons.
After stopping his vote, the elector shows to the president his ballot for the Council of the Brussels-Capital Region and for the direct election of the Brussels members of the Flemish Council, folded in four at right angles, with the stamp on the outside, and deposited it in the urn, after having stamped his letter of convocation by the president or the delegated assailant; Then he comes out of the room.
6. The elector can only stop in the isoloir compartment during the time necessary to issue his vote.
7. You're a fool.
(1) all ballots other than those that were delivered by the President at the time of the vote;
2nd these same ballots:
(a) if the elector did not vote there;
(b) if there has been more than one list vote or nominal votes on different lists;
(c) if there is both a vote at the top of a list and next to a name of one or more candidates from another list;
(d) if there was a vote in favour of both a list of candidates from the French language group of the Council and a list of candidates nominated for the direct election of Brussels members of the Flemish Council;
(e) if the shapes and dimensions have been altered or if they contain any paper or object inside them;
(f) if a rature, sign or mark not authorized by law may make the author of the ballot recognisable.
8. Whoever votes without the right or who votes for others without valid power of attorney is punishable.
For the consultation of the table, see image