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27 DECEMBER 2000. - An Act to reduce by half the devolutive effect of votes cast in the lead box and to remove the distinction between incumbent candidates and alternate candidates for the election of the Federal Legislative Chambers and the Council of the German-speaking Community (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the Electoral Code for the Election of Federal Legislative Chambers
Art. 2. In article 115bis, § 4, paragraph 4, first sentence, of the Electoral Code, inserted by the law of 18 December 1998, the word "titles" is deleted.
Art. 3. Article 116, § 6, paragraph 1^er, first sentence, of the same Code, replaced by the ordinary law of 16 July 1993 and amended by the laws of 10 April 1995 and 19 November 1998, the words "both incumbent and alternate" are deleted.
Art. 4. Section 117 of the same Code, as amended by the Acts of 25 March 1986 and 30 July 1991 and by the Royal Decree of 5 April 1994, are amended as follows:
1° paragraphs 1^er and 2 are repealed;
2° Paragraph 3 is replaced by the following provision:
"The act of nominees to serve as a representative or senator indicates the order in which these candidates are presented. »
Art. 5. In Article 117bis, paragraph 1^er, of the same Code, 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. 6. Section 123 of the Code, amended by the laws of 17 May 1949, 5 July 1976, 25 March 1986 and 24 May 1994 as well as by the ordinary law of 16 July 1993, is amended as follows:
1° in paragraph 3, 2°, the words "holders or alternates" are deleted;
2° in paragraph 3, item 2°bis, inserted by the Act of 25 March 1986, is repealed;
3° in paragraph 4, replaced by the Act of March 25, 1986 and amended by the Act of May 24, 1994, the words "Except in the cases provided for in 2°bis and 6° of the preceding paragraph" are replaced by the words "Except in the case provided for in 6° of the preceding paragraph",
4° in paragraph 5, the words "holders or alternates" are deleted;
5° Paragraph 6, inserted by the Act of 24 May 1994, is replaced by the following provision:
"The new candidates proposed in accordance with paragraph 3, 6°, must accept by a written declaration the nomination which is offered to them. »
Art. 7. In section 126 of the same Code, amended by the Act of 15 May 1949 and by the ordinary Act of 16 July 1993 and by the Royal Decree of 5 April 1994, paragraphs 1^er to 3 are replaced by the following:
"When only one list is presented, if the number of candidates corresponds to the number of members to be elected, these candidates are declared elected by the principal office of electoral district or college, 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 principal office of electoral district or college, without any other formality. »
Art. 8. In section 127, paragraph 1^er, of the same Code, as amended by the ordinary law of 16 July 1993, the words "If the number of effective and alternate candidates exceeds the number of effective mandates to be given," are replaced by the words "When several lists are regularly presented and the number of candidates exceeds that of the members to be elected."
Art. 9. In Article 128 of the same Code, replaced by the Act of 16 July 1993 and amended by the Act of 18 December 1998, § 1^er, paragraph 4, is replaced by the following paragraph:
"The names and names of the candidates are in the order of the presentations in the column reserved for the list to which they belong. »
Art. 10. In section 133, paragraph 1^er, of the same Code, replaced by the Act of 17 March 1958 and amended by the ordinary Act of 16 July 1993, the second sentence is replaced by the following sentence:
"It must be signed by all the candidates or by two of the first three candidates of the list, and must meet the accession, expressed by a similar declaration, under the same conditions, of the candidates or two of the first three candidates of the list or lists designated. »
Art. 11. Section 144 of the same Code, replaced by the Act of 5 April 1995, is replaced by the following provision:
“Art. 144. The elector may 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.
The mark of the vote, even imperfectly drawn, validly expresses the vote, unless the intention to make the ballot recognisable is manifest. »
Art. 12. Find$$|AGA section 156 of the same Code, as amended by the ordinary law of July 16, 1993, partially cancelled by Decision No. 90/94 of the Arbitration Court of December 22, 1994 and amended by the Act of April 5, 1995, are amended as follows:
1° § 1^er, paragraphs 2 to 5, replaced by the Act of 5 April 1995, is replaced by the following paragraphs:
"This first ranking is completed and the ballots for each of the categories trained for the various lists are divided into two subcategories including:
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 Chairperson shall include the reference "validated" and shall apply its paraphe to it;
2° § 2, paragraphs 2 and 3, inserted by the ordinary law of 16 July 1993 and partially annulled by decision No. 90/94 of the Court of Arbitration of 22 December 1994, is replaced by the following paragraphs:
"In this electoral district, the model table referred to in Article 161, paragraph 2, is doubled: a French copy mentions the results of the counting for the French electoral college and the second Dutch copy mentions the results of the counting for the Dutch electoral college.
In the same electoral district, the main cantonal office similarly produces in two copies the summary table referred to in section 161, paragraph 9.
By derogation from the two preambular paragraphs, the copy of the model table and the summary table referred to therein, which mention the results of the counting for the French electoral college, is established in Dutch in the electoral districts of which the chief township is located in the administrative district of Hal-Vilvorde. »
Art. 13. Section 157 of the same Code, as amended by the Acts of 16 January 1980 and 5 April 1995, is replaced by the following provision:
"Art. 157. 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. 14. In section 159, paragraph 3, of the same Code, replaced by the Act of 5 April 1995, the word "four" is replaced by the word "two".
Art. 15. In section 161, paragraph 8, of the same Code, 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. 16. In section 166 of the same Code, replaced by the Act of 5 April 1995, the word "four" is replaced by the word "two".
Art. 17. In section 167, paragraph 4, of the same Code, replaced by the ordinary law of 16 July 1993, the words "holders and substitutes" are deleted.
Art. 18. In article 171, paragraph 9, of the same Code, replaced by the ordinary law of 16 July 1993, the words "holders and substitutes" are deleted.
Art. 19. Section 172 of the Code, replaced by the ordinary law of 16 July 1993 and amended by the Act of 5 April 1995, is replaced by the following provision:
"Art. 172. 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, the order of presentation prevails. Prior to the designation of elected officials, the main office of the electoral district shall assign individual candidates of half of the number of ballots favourable to the order of presentation. This half is established by dividing by two the number of ballots referred to in Article 156, § 1^erParagraph 2, 1°. The award of these ballots is based on a devout mode. They 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 in favour of the order of presentation is exhausted.
The number of eligibility specific to each list is obtained by dividing by the number of seats allocated to the list, plus one unit, the electoral figure of the list as determined in section 166.
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 167, paragraph 4. »
Art. 20. It is inserted in the same Code an article 172bis (new), written as follows:
"Art. 172bis. 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 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 Article 166 by the number plus one of the seats that are returned to it, in order to establish the number »
Art. 21. Section 173 of the Code, replaced by the ordinary law of 16 July 1993 and amended by the Act of 5 April 1995, is replaced by the following provision:
“Art. 173. In each list of which one or more candidates are elected in accordance with Article 172, the non-elected candidates who obtained the largest number of votes, or, in the event of a parity, in the order of registration of the ballot, shall be 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 172, paragraph 2, which shall be the same as for the designation of the elect, but beginning with the first of the unelected candidates, in the order of registration to the ballot. »
Art. 22. In section 178, paragraph 2, second sentence, of the same Code, replaced by the ordinary law of 16 July 1993, the word "holder" is deleted.
Art. 23. Find$$|AGA Appendix 1 to the same Code, entitled "Elector Instructions (Model I referred to in sections 112, 127, paragraph 2, and 140 of the Electoral Code)", replaced by the Act of April 5, 1995, are amended as follows:
1° points 1 to 4 are replaced as follows:
“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, on the one hand for the House of Representatives, and on the other hand, for the Senate, a vote for one or more candidates from the same list.
3. 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.
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. »;
2° the remark under point 5 is deleted;
3° point 7 is replaced as follows:
« 7. You're a fool.
1. all ballots other than those issued 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;
e. if a rature, sign or mark not authorized by law can make the author of the ballot recognisable. »;
4° the remark under point 7 is deleted.
Art. 24. The ballot templates annexed to the same Code for the election of the House of Representatives and the Senate are replaced by the models in Schedules 1 and 2 to this Act.
CHAPTER III. - Amendments to the Act of 4 July 1989 relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers and to the financing and open accounting of political parties
Art. 25. Section 2 of the Act of 4 July 1989 on the limitation and control of election expenses incurred for the elections of the Federal Chambers and the financing and open accounting of political parties, replaced by the Act of 19 May 1994 and amended by the Act of 19 November 1998, are amended as follows:
1° to § 2, the 3° is replaced as follows:
"3° for each other candidate: 200,000 Belgian francs. »;
2° to § 2, 4° is repealed;
3° in § 3, the 3° is replaced as follows:
"3° for each other candidate: 400,000 Belgian francs. »;
4° in § 3, the 4° is repealed.
CHAPTER IV. - Amendments to the Act of 6 July 1990 regulating the election of the Council of the German-speaking Community
Art. 26. In Article 24, § 3, of the Act of 6 July 1990 regulating the procedure for the election of the Council of the German-speaking Community, replaced by the ordinary law of 16 July 1993 and amended by the law of 24 May 1994, paragraph 2, 3 (b), (d) and (e), is repealed.
Art. 27. In section 45 of the Act, as amended by the ordinary law of 16 July 1993 and by the law of 5 April 1995, the following amendments are made:
1° § 2, paragraph 2, replaced by the law of 5 April 1995, is replaced by the following provision:
"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, the order of presentation prevails. Prior to the designation of elected officials, the main office of the electoral district shall assign individual candidates of half of the number of ballots favourable to the order of presentation. This half is established by dividing by two the number of ballots referred to in Article 39, § 3, paragraph 2, 1°. The award of these ballots is based on a devout mode. They are added to the nominative votes obtained by the first candidate of the list, up to what is necessary to achieve the eligibility figure of this list. This is specific to each list and is obtained by dividing by the number, plus one unit, of the seats assigned to the list in accordance with Article 44, the electoral figure of the list, which is obtained by adding the ballots included in each of the two subcategories referred to in Article 39, § 3, paragraph 2. The surplus of the ballots to be distributed by devolution, if any, is attributed to a similar measure to the second candidate, then to the third and so on, in the order of presentation, until half of the number of ballots favourable to the order of presentation is exhausted. »;
2° it is inserted a § 2bis (new), written as follows:
“§ 2bis. 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 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 by the number plus one of the seats that they return, in order to establish the number of eligibility rounded » ;
3° § 3, as amended by the ordinary law of 16 July 1993 and by the law of 10 April 1995, is replaced by the following provision:
“§3. In each list of which one or more candidates are elected in accordance with § 2, the unelected candidates who have obtained the largest number of votes, or, in the event of a parity of votes, in the order of registration of the ballot, are declared first, second, third substitute and so on.
Prerequisitely to their designation, the chief office of the electoral district, 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 paragraph 2, paragraph 2, which shall be done in the same manner as for the designation of the elect, but beginning with the first of the unelected candidates, in the order of registration to the ballot. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given to Ciergnon, December 27, 2000.
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 1999-2000
House of Representatives
Parliamentary documents. - Bill No. 667/1. - Amendments, No. 667/2. - Amendments, no. 667/3. - Report, no. 667/4. - Amendment, No. 667/5. - Supplementary report, No. 667/6. - Text adopted by the Commission, No. 667/7. - Amendment No. 667/8. - Text adopted in plenary and transmitted to the Senate, No. 667/9. - Supplementary report, No. 667/10.
Annales of the House of Representatives. Discussion and adoption, 6 July 2000.
Senate
Parliamentary document. - Project transmitted by the House of Representatives, No. 514/1.
Regular session 2000-2001
Senate
Parliamentary documents.- Report, no. 514/2. - Text adopted by the Commission, No. 514/3. - Text adopted in plenary and subject to Royal Assent, No. 514/4.
Annales of the Senate.
Discussion and adoption, meeting of 7 December 2000.

Annexes
For the consultation of the table, see image