22 JANVIER 2002. - Special law amending the special law of 8 August 1980 of institutional reforms and the special law of 12 January 1989 on Brussels institutions with a view to halving the devout effect of the votes cast in the lead box and removing the distinction between incumbent candidates and alternate candidates for the election of the Flemish Council, the Walloon Regional Council and the Council of the Brussels-Capital Region (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. - 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 28 of the special law of 8 August 1980 of institutional reforms, replaced by the special law of 16 July 1993, paragraphs 1^er to 3 are replaced by the following:
"The application of candidates for membership of the Walloon Regional Council or the Flemish Council, as the case may be, indicates the order in which they are presented.
No list may include a number of candidates higher than the number of members to be elected. »
Art. 3. In section 29ter, paragraph 3, of the Act, inserted by the special law of 16 July 1993, the words "holders and alternates" are deleted.
Art. 4. In section 29septies, paragraph 9, of the Act, inserted by the special law of 16 July 1993, the words "holders and alternates" are deleted.
Art. 5. Section 29octies of the Act, inserted by the special law of 16 July 1993 and amended by the special law of 5 April 1995, is replaced by the following provision:
"Art. 29octies. When the number of candidates of a list is equal to the number of seats returned to the list, these candidates are all elected.
When the first of these numbers exceeds the second, the seats are conferred on 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 appointment of elected officials, the principal office of the electoral district or the provincial central office, as the case may be, shall assign individual candidates of half of the number of ballots marked at the top of the list of candidates.
This assignment is based on a devout mode. The ballots to be awarded are added to the nominative votes obtained by the first candidate of the list, up to what is necessary to achieve the number of eligibility specific to each list. The surplus, if any, is attributed to a similar measure, to the second candidate, then to the third, and so on, until half of the number of ballots marked in the head box is exhausted.
The number of eligibility specific to each list is obtained by dividing by the number of seats assigned to the list, plus one unit, the electoral figure of the list as determined in section 29bis. »
Art. 6. It is inserted in the same law an article 29octies¹ as follows:
“Art. 29octies¹. The possible decimals of the quotient that are obtained on the one hand, by dividing by two the number of ballots marked in the head box in order to determine the number of these ballots to be distributed by devolution among the candidates of the list, and on the other hand, by dividing the electoral figure of the list referred to in section 29bis by the number plus one of the seats that they return, in view of »
Art. 7. Section 29news of the Act, inserted by the special law of 16 July 1993 and amended by the special law of 5 April 1995, is replaced by the following provision:
"Art. 29novies. In each list of which one or more candidates are elected in accordance with Article 29octies, the non-elected candidates who obtained the largest number of votes, or, in the event of a parity, in the order of presentation, are declared first, second, third alternate and so on.
Prerequisitely to their designation, the principal office, having designated the elect, shall carry out a new individual appointment to the unelected candidates of half of the number of ballots to be distributed by devolution, as determined in Article 29octies, paragraph 2, that assignment shall be carried out in the same manner as for the designation of the elect, but beginning with the first of the unelected candidates in the order of presentation. »
Art. 8. Under a new Sub-Section 7 being part of Section 1bis "Elections" and entitled "Terms and conditions of election other than those set out in this Act", is inserted in the same Act, an article 30bis written as follows:
"Art 30bis. Measures of an incidental or detailed nature for the organization of the election of the Flemish Council and the Walloon Regional Council are determined by the ordinary law. »
CHAPTER III. - Election of the Council of the Brussels-Capital Region. - Amendments to the special law of 12 January 1989 on Brussels institutions
Art. 9. In article 16bis of the special law of 12 January 1989 on Brussels institutions, inserted by the special law of 9 May 1989, paragraphs 1^er to 3 are replaced by the following:
"The certificate of presentation of candidates to the Council's terms of reference indicates the order in which they are presented.
No list may include a number of candidates higher than the number of members to be elected. »
Art. 10. In article 20, § 2, paragraph 3, of the same law, as amended by the special law of 5 April 1995, the words "in sections 167, 168, 172 and 173 of the Electoral Code" are replaced by the words "in articles 20bis to 20sexies".
Art. 11. An article 20bis, as follows, is inserted in the same law:
"Art. 20bis. The regional office successively divides by 1, 2, 3, 4, 5, etc., the electoral figure of each of the lists referred to in Article 20, § 1^er, and put the quotients in order of their importance, up to a total number of quotients equal to that of the members to be elected.
The last quotient serves as an electoral divider.
The distribution between the lists is carried out by assigning to each of them as many seats as its electoral figure includes this divider, except as provided in section 20ter.
If a list obtains more seats than it holds candidates, the unallocated seats are added to the seats on the other lists; the distribution between these shall be effected by continuing the operation specified in paragraph 1^er, each quotient new determinant, in favor of the list to which it belongs, the allocation of a seat. »
Art. 12. Article 20ter, as follows, is inserted in the same law:
"Art. 20ter. When a seat is equal to several lists, it is attributed to the one who obtained the highest electoral figure and, in the event of a parity of the electoral figures, to the list where the candidate is the candidate who, among the candidates whose election is in question, has obtained the most votes or subsidiaryly, the oldest. »
Art. 13. An article 20quater, as follows, is inserted in the same law:
"Art. 20quater. When the number of candidates of a list is equal to the number of seats returned to the list, these candidates are all elected.
When the first of these numbers exceeds the second, the seats are conferred on 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 regional office makes individual awards to candidates of half of the number of ballots marked at the top of the list of candidates.
This assignment is based on a devout mode. The ballots to be awarded are added to the nominative votes obtained by the first candidate of the list, in addition to what is necessary to achieve the number, of eligibility specific to each list. The excede, if any, is assigned to a similar measure, to the second candidate, then to the third, and so on, until half of the number of ballots marked in the head box is exhausted.
The number of eligibility specific to each list is obtained by dividing by the number of seats assigned to the list, plus one unit, the electoral figure of the list as determined in Article 20, § 1^er.
When the number of candidates of a list is less than the number of seats to which it returns, these candidates are all elected and the surplus seats are allocated in accordance with Article 20 bis, paragraph 4. »
Art. 14. An article 20quinquies, as follows, is inserted in the same law:
"Art. 20quinquies. The possible decimals of the quotient that are obtained on the one hand, by dividing by two the number of ballots marked in the head box in order to determine the number of these ballots to be distributed by dvolution among the candidates of the list, and on the other. by dividing the electoral figure of the list referred to in Article 20, § 1^er, by the number plus one of the seats that it returns, in order to establish the number of eligibility specific to this list, are rounded to the upper unit, whether or not they reach 0.50. »
Art. 15. An article 20sexies, as follows, is inserted in the same law:
"Art. 20sexies. In each list of which one or more candidates are elected in accordance with Article 20quater, the unelected candidates who obtained the largest number of votes, or, in the event of a parity, in the order of presentation, shall be declared first, second, third substitute and so on.
Prerequisitely to their designation, the regional office, having designated the elect, shall carry out a new individual appointment to the unelected candidates of half of the number of ballots to be distributed by devolution, as determined in Article 20quater, paragraph 2, which shall be carried out in the same manner as for the designation of the elect, but beginning with the first of the unelected candidates in the order of presentation. »
Art. 16. An article 21bis, as follows, is inserted in the same law:
"Art. 21bis. Measures of an incidental or detailed nature for the organization of the election of the Council of the Brussels-Capital Region are determined by the ordinary law. »
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:
The Minister of the Interior,
A. DUQUESNE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Regular session 2000-2001.
House of Representatives.
Parliamentary documents. - Special bill, no. 1050/1. - Amendments, no. 1050/2. - Report, number 1050/3. - Text corrected by the commission, no. 1050/4. - Text adopted in plenary and transmitted to the Senate, No. 1050/5.
Annales of the House of Representatives. - Discussion and adoption. Sessions of March 7 and 8, 2001.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 679/1. - Amendments, No. 679/2. - Report, no. 679/3. - Text adopted in plenary and subject to Royal Assent, No. 679/4.
Annales of the Senate. - Discussion and adoption. Session of 5 July 2001.