22 JANVIER 2002. - An Act to reduce by half the evolutionary effect of the votes cast in the lead box and to remove the distinction between incumbent candidates and alternate candidates for the election of the Flemish Council, the Walloon Regional Council and the Brussels Capital Region Council (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. Article 11, § 1^er, paragraph 10, of the law of 12 January 1989 regulating the election of the Council of the Brussels-Capital Region is repealed.
Art. 3. In article 11bis, paragraph 1^er, of the same law, inserted by the law of 24 May 1994, the words "of the total constituted by the sum of the seats to be filled for the election and the maximum authorized number of alternate candidates" are replaced by the words "applied on the total number of seats to be filled for the election. »
Art. 4. Section 13 of the Act, as amended by the ordinary law of 16 July 1993, is amended as follows:
1° § 1^erParagraph 1^er, is replaced as follows:
"When only one list is presented, if the number of candidates regularly presented corresponds to the number of members to be elected, these candidates are declared elected by the regional office, without any other formality.
When several lists are regularly submitted, if the number of candidates does not exceed the number of mandates to be conferred, these candidates are declared elected by the regional office, without further formality. »;
2° in § 2, paragraph 1^erthe word "actual" is deleted.
Art. 5. In article 14, § 2, paragraph 4, of the same law, replaced by the ordinary law of 16 July 1993, the following amendments are made:
1° in the first sentence, the words "holders and alternates" are deleted;
2° the second sentence is deleted.
Art. 6. Article 16, § 1^erParagraphs 1^er to 6, the same Act, replaced by the Act of 5 April 1995, is replaced as follows:
"The elector can issue as many votes as there are candidates on the list of his choice.
If he adheres to the order of presentation of the list of his choice, he expresses his vote by marking only the box placed at the top of it.
If he wants to change this order, he marks one or more nominative votes in the box next to the name of the one or those of the candidates of this list to whom he intends to give preferably his vote. »
Art. 7. In Article 17, § 2, of the Act, as amended by the Act of 5 April 1995, the following amendments are made:
1° paragraphs 2 to 5 are replaced as follows:
"This first ranking is completed and the ballots for each of the categories trained for the various lists are divided into two subcategories, respectively:
1° the ballots marked in the head;
2° the ballots marked for one or more candidates.
The ballots marked both in the lead and in favour of one or more candidates are classified in the second subcategory.
On all the ballots referred to in the preceding paragraph, the President shall include the reference "validated" and shall apply its paraphe. »;
2° in paragraph 9 the word "four" is replaced by the word "two".
Art. 8. Section 18 of the Act, as amended by the Act of 5 April 1995, is replaced by the following provision:
“Art. 18. You're a fool.
(1) all ballots other than those whose use is permitted by law;
2° those that contain more than one list vote or contain nominative votes in favour of candidates of different lists;
3° those in which the elector marked both a vote at the top of a list and one or more votes next to the name of one or more candidates of one or more other lists;
4° those who do not contain the expression of any vote;
5° those whose shape and dimensions have been altered, which contain any paper or object or whose author could be made recognizable by a sign, a rature or a mark not authorized by law.
The ballots in which the elector marked both a vote at the top of a list and besides the name of one or more candidates from the same list. In this case, the vote in mind is considered unavenue. »
Art. 9. In Article 19, § 1^er, paragraph 8, of the Act, replaced by the Act of 5 April 1995, the word "four" is replaced by the word "two" and the words "holder and alternate" are deleted.
Art. 10. In article 20bis, paragraph 2, second sentence, of the same law, inserted by the ordinary law of 16 July 1993, the word "holder" is deleted.
Art. 11. In section 25, paragraph 3, first sentence, amended by the Act of 23 May 1989, and in section 31, paragraph 4, first sentence, of the same Act, replaced by the ordinary law of 16 July 1993, the word "holders" is deleted.
Art. 12. In Schedule 1 to the same Act, entitled "Elector Instructions (Model I referred to in Articles 8, 4, 13, § 2, paragraphs 2 and 15, § 2, paragraph 1^er, of the law of 12 January 1989 regulating the terms of the election of the Council of the Brussels-Capital Region), replaced by the law of 5 April 1995, are made the following amendments:
1° in point 2, the words "holders or alternates or holders and alternates" are deleted;
2° in point 3, paragraph 2, is replaced as follows:
"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. »;
3° point 4 is replaced as follows:
“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 clear point placed at the top of this list.
If he wants to change this order, he gives a nominal vote by filling, by means of 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. »;
4° point 7 is replaced as follows:
« 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 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 besides the name of one or more candidates from another list;
(d) if the shapes and dimensions have been altered or if they contain any paper or object inside them;
(e) if a rature, sign or mark not authorized by law may make the author of the ballot recognisable. »
Art. 13. The voting form annexed to the same law for the election of the Council of the Brussels-Capital Region (model II), replaced by the ordinary law of 16 July 1993, is replaced by the model in annex 1 to this Act.
CHAPTER III. - Amendments to the First Book of the ordinary law of 16 July 1993 to complete the federal structure of the State
Art. 14. Article 14, paragraph 10, of the ordinary law of 16 July 1993 to complete the federal structure of the State, is repealed.
Art. 15. In article 14bis, paragraph 1^er, of the same law, inserted by the law of 24 May 1994, the words "of the total constituted by the sum of the seats to be filled for the election and the maximum authorized number of alternate candidates" are replaced by the words "applied on the total number of seats to be filled for the election".
Art. 16. In section 16 of the Act, the following amendments are made:
1° § 1^erParagraph 1^er, is replaced as follows:
"When only one list is presented, if the number of candidates regularly presented corresponds to the number of members to be elected, these candidates are declared elected by the main office of the electoral district, without any other formality.
When several lists are regularly submitted, if the number of candidates does not exceed the number of mandates to be conferred, these candidates are declared elected by the main office of the electoral district, without any other formality. »;
2° in § 2, paragraph 1^erthe word "actual" is deleted.
Art. 17. In Article 17, § 2, paragraph 4, of the Act, the following amendments are made:
1° in the first sentence, the words "holders and alternates" are deleted;
2° the second sentence is deleted.
Art. 18. Article 19, § 1^erParagraphs 1^er to 6, the same Act, as amended by the Act of 5 April 1995, is replaced as follows:
"The elector can issue as many votes as there are candidates on the list of his choice.
If he adheres to the order of presentation of the list of his choice, he expresses his vote by marking only the box placed at the top of it.
If he wants to change this order, he marks one or more nominative votes in the box next to the name of the one or those of the candidates of this list to whom he intends to give preferably his vote. »
Art. 19. In Article 20, § 2, of the Act, as amended by the Act of 5 April 1995, the following amendments are made:
1° paragraphs 2 to 5 are replaced as follows:
"This first ranking is completed and the ballots for each of the categories trained for the various lists are divided into two subcategories, respectively:
1° the ballots marked in the head;
2° the ballots marked for one or more candidates.
The ballots marked both in the lead and in favour of one or more candidates are classified in the second subcategory.
On all the ballots referred to in the preceding paragraph, the President shall include the reference "validated" and shall apply its paraphe. »;
2° in paragraph 9, the word "four" is replaced by the word "two".
Art. 20. Section 21 of the Act, as amended by the Act of 5 April 1995, is replaced by the following provision:
“Art. 21. You're a fool.
(1) all ballots other than those whose use is permitted by law;
2° those that contain more than one list vote or contain nominative votes in favour of candidates of different lists;
3° those in which the elector marked both a vote at the top of a list and one or more votes next to the name of one or more candidates of one or more other lists;
4° those who do not contain the expression of any vote;
5° those whose shape and dimensions have been altered, which contain any paper or object or whose author could be made recognizable by a sign, a rature or a mark not authorized by law.
The ballots in which the elector marked both a vote at the top of a list and besides the name of one or more candidates from the same list. In this case, the vote in mind is considered unavenue. »
Art. 21. In Article 22, § 1^er, paragraph 8, of the Act, replaced by the Act of 5 April 1995, the word "four" is replaced by the word "two", and the words "holder or alternate" are deleted.
Art. 22. In Article 24, § 2, paragraph 1^er, second sentence, of the same law, the word "holders" is deleted each time.
Art. 23. In section 26, paragraph 2, second sentence, of the same law, the word "holder" is deleted.
Art. 24. In article 31, paragraph 3, first sentence, and in article 38, paragraph 4, first sentence, of the same law, the word "holders" is deleted.
Art. 25. In Schedule 2 to the same Act, entitled "Elector Instructions (model I referred to in articles 10, paragraph 4, 16, § 2, paragraph 2, and 18, § 2, paragraph 1^erthe following amendments are made to the ordinary law of 16 July 1993 to complete the federal structure of the State", replaced by the Act of 5 April 1995:
1° in point 2, the words "holders or alternates or holders and alternates" are deleted;
2° in point 3, paragraph 2 is replaced as follows:
"The names and names of the candidates from each list are recorded on the ballot in the order in which they appear on the presentation acts";
3° point 4 is replaced as follows:
“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 clear point placed at the top of this list.
If he wants to change this order, he gives a nominal vote by filling, by means of 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. »;
4° point 7 is replaced as follows:
« 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 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 the name of one or more candidates from another list;
(d) if the shapes and dimensions have been altered or if they contain any paper or object inside them;
(e) if a rature, sign or mark not authorized by law may make the author of the ballot recognisable. »
Art. 26. The ballot templates annexed to the same Act for the election of the Flemish Council and the Walloon Regional Council (models II a, II b and II c) are replaced by the models in annexes 2 to 4 to this Act.
CHAPTER IV. - Amendment to the Act of 19 May 1994 on the limitation and control of election expenses incurred for the elections of the Council of the Walloon Region, the Flemish Council, the Council of the Brussels-Capital Region and the Council of the German-speaking Community
Art. 27. In Article 2, §§ 2 and 3, of the Law of 19 May 1994 on the limitation and control of the election expenses incurred for the elections of the Council of the Walloon Region, the Flemish Council, the Council of the Brussels-Capital Region and the Council of the German-speaking Community, as amended by the laws of 10 April 1995 and 25 June 1998, the following amendments are made:
1° the 3° is replaced as follows:
"3° for each other candidate: 200,000 Belgian francs. »;
2° the 4° is each time repealed.
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
____
Note
(1) Regular session 2000-2001.
House of Representatives.
Parliamentary documents. - Bill No. 1051/1. - Report, no. 1051/2. - Text adopted in plenary and transmitted to the Senate, No. 1051/3.
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. 680/1. - Amendments, No. 680/2. - Report, number 680/3. - Text adopted in plenary and subject to Royal Assent, No. 680/4.
Annales of the Senate. - Discussion and adoption. Session of 5 July 2001.

Annexes
For the consultation of the annexes, see image