Advanced Search

Act Amending, As Regards Election Expenses, Some Laws Relating To The Election Of Provincial, Municipal Councils And District And Advice From Social Assistance (1)

Original Language Title: Loi modifiant, en ce qui concerne les dépenses électorales, certaines lois relatives à l'élection des conseils provinciaux, communaux et de district et des conseils de l'aide sociale (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

12 AOUT 2000. - An Act to amend, with respect to election expenses, certain laws relating to the election of provincial, municipal and district councils and social assistance councils (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 1er
This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Act of 7 July 1994 relating to the limitation and control of election expenses incurred for the elections of provincial, municipal and district councils and for the direct election of social assistance councils
Art. 2
Article 1er the Act of 7 July 1994 relating to the limitation and control of election expenses incurred for the elections of provincial, municipal and district councils and for the direct election of social assistance councils, as amended by the Act of 19 March 1999, are amended as follows:
A. in the 1st, the words ", in district council elections" are inserted between the words "municipal elections" and the words "or direct election";
B. in the 1st, the words "district councillor" are inserted between the words "community councillor" and the words "or member of the social welfare council";
C. 1° is supplemented by the following paragraph:
"They are considered to be components of a political party, the organizations, associations, groups and regional entities of a political party, regardless of their legal form, which are directly linked to that party, namely:
- Study services;
- scientific bodies;
- political training institutes;
- the producers of conceded political programs;
- the institution referred to in section 22 of 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;
- entities formed at the district and/or electoral district level for the elections of the Federal Chambers and the Community and Regional Councils;
- the political groups of the Federal Chambers and the Councils of Community and Region. »;
At 5°, the words ", amended by the laws of 21 May 1991, 18 June 1993 and 19 May 1994" are deleted.
Art. 3
In article 5 of the same law, the words ", in district council elections" are inserted between the word "municipal" and the word "and".
Art. 4
In section 6 of the Act, as amended by the Act of 12 July 1994, the following amendments are made:
A. § 1er, the words "and its candidates" are replaced by the words ", a list and their candidates";
B. § 1er, the words ", district council elections" are inserted between the word "municipal" and the word "and";
C. in § 3, the words ", district council elections" are inserted between the word "communal" and the word "and";
Art. 5
The following amendments are made to section 8 of the Act:
A. in paragraph 2, the words "in respect of the confidentiality of the identity of individual donors" are replaced by the words "and to register the identity of natural persons who have donated 5,000 francs and more. »;
B. in paragraph 3, the words ", district council elections" are inserted between the word "municipal" and the word "and".
Art. 6
Article 12, § 1er, 1°, of the same law, as amended by the Act of 19 March 1999, the words "and/or origin of the funds" are inserted between the words "election expenses" and the words "within the time limit".
Art. 7
The following amendments are made to section 13 of the Act:
A. in paragraph 1er, first sentence, the words "and their components" are inserted between the words "to political parties" and the words "to lists";
B. in paragraph 1er, the following sentence is inserted between the second and the third sentences: " Similarly, components may receive donations from their political party and vice versa. »;
C. the following paragraph is inserted between paragraphs 1er and 2: "The identity of natural persons who make, in any form, donations of 5,000 francs and more to political parties and their components, lists, candidates and political agents is registered annually by the beneficiaries. Political parties and their components, lists, candidates and political agents may each receive, as donations from the same natural person, an amount not exceeding 20,000 francs, or its counter-value. Every year, the donor may dedicate a total amount not exceeding 80,000 francs, or the counter-value of that amount, to donations to political parties and their components, lists, candidates and political agents. Payments made by political agents to their political party are not considered as gifts. »;
D. in paragraph 2, first and second sentences, the words ", physical persons" are inserted between the words "by legal persons" and the words "or de facto associations";
Art. 8
Article 13bis, as follows, is inserted in the same law:
"Art. 13bis. The King shall, by order deliberately in the Council of Ministers, establish the terms of the registrations referred to in articles 8 and 13 and their deposit. The monitoring of registrations of political parties is carried out by the Supervisory Commission. "
CHAPTER III. - Amendments to the Act of October 19, 1921 organic of provincial elections
Art. 9
In article 11, § 5, paragraph 5, first and second sentences, of the Act of October 19, 1921 of the provincial elections, as amended by the Act of July 7, 1994, the words "in respect of the confidentiality of the identity of the particular donors" are replaced by the words "and to enregister the identity of the natural persons who have made donations of 5,000 francs and more".
Art. 10
In section 37/1 of the Act, inserted by the Act of 7 July 1994, the words "and district councils" are inserted between the words "provincial and communal councils" and the words "and for direct election".
Art.11
In article 37/2, paragraphs 1er and 2, of the same law, inserted by the law of July 7, 1994, the words "and district councils" are inserted between the words "provincial and communal councils" and the words "and for direct election".
CHAPTER IV. - Amendments to the municipal electoral law, coordinated on 4 August 1932
Art. 12
Article 23, § 2, paragraphs 1er and 2, of the coordinated communal electoral law, on 4 August 1932, replaced by the law of 5 July 1976 and amended by the laws of 7 July 1994 and 10 April 1995, the words "in respect of the confidentiality of the identity of the particular donors" are replaced by the words "and to register the identity of the natural persons who made donations of 5,000 francs and more".
Art. 13
In section 23ter, paragraph 2, of the Act, inserted by the Act of July 7, 1994, the words "and district councils" are inserted between the words "provincial and communal councils" and the words "and for direct election".
Art. 14
In section 74, paragraphs 2 and 3, paragraph 2, of the Act, replaced by the Act of 5 July 1976 and amended by the Act of 7 July 1994, the words "and district councils" are inserted between the words "provincial and communal councils" and the words "and for direct election".
Art. 15
Article 74bis, § 2, paragraph 1er, of the same law, inserted by the Act of 5 July 1976 and amended by the Act of 7 July 1994, the words "for the elections of provincial and communal councils" are replaced by the words "for the elections of provincial, communal and district councils".
Art. 16
Article 114 of the same law, inserted by the law of March 19, 1999, is supplemented by the words ", the words "communal list" by the words "district list" and "municipal council" by the words "district councilor". »
CHAPTER V. - Amendments to the Royal Decree of 26 August 1988 determining the terms of the election of the Council of Social Assistance in the communes referred to in Article 7 of the Laws on the Use of Languages in Administrative Matters, coordinated on 18 July 1966, and in the communes of Comines-Warneton and Fourons
Art. 17
In Article 2, § 3, of the Royal Decree of 26 August 1988 establishing the terms and conditions for the election of the council of social assistance in the communes referred to in Article 7 of the laws on the employment of languages in administrative matters, coordinated on 18 July 1966, and in the communes of Comines-Warneton and Fourons, amended by the law of 7 July 1994, are made the following amendments:
A. Paragraph 1er is completed as follows: "They also undertake to declare the origin of the funds and to register the identity of the natural persons who made donations of 5,000 francs and more. "
B. Paragraph 2 is supplemented as follows: "It also undertakes to declare the origin of the funds and to register the identity of the natural persons who have made donations of 5,000 francs and more. "
Art. 18
In section 7bis of the same Royal Decree, inserted by the law of July 7, 1994, the words "provincial and communal" are replaced by the words "provincial, communal and district".
CHAPTER VI. - Transitional provision
Art. 19
Political parties and their components, lists, candidates and political agents that, between 1er January 2000 and the effective date of this Act, as a gift from the same natural person, have accepted an amount exceeding 20,000 francs or its counter-value, to be reimbursed to the donor by 31 December 2000 to the amount that exceeds the limit of 20,000 francs.
In the event that political parties and their components, as well as lists, candidates and political agents fail to meet the reimbursement requirement referred to in paragraph 1er in accordance with the terms and conditions set out therein, or only meet thereafter, the provisions of s. 13, paragraph 4, of the Act of 7 July 1994 relating to the limitation and control of election expenses incurred for the elections of the provincial, municipal and district councils and for the direct election of the councils of social assistance are applicable.
In the event that political parties and their components, to the extent that they are constituted in the form of a legal entity, as well as political candidates and agents fail to meet the reimbursement obligation referred to in paragraph 1er in accordance with the terms and conditions provided for therein, or shall be satisfied only after the time limit set out therein, they shall be liable to the criminal penalties provided for in Article 13, paragraph 5, of the aforementioned Act of 7 July 1994. In this case, paragraphs 6 and 7 of this provision are applicable.
CHAPTER VIl. - Entry into force
Art. 20
This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 August 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. 50-672/1. - Amendments, no. 50-672/2 and /3. - Report, number 50-672/4. - Text adopted by the Commission, No. 50-672/5. - Text adopted in plenary and transmitted to the Senate, No. 50-672/6.
Annales of the House. - Discussion and adoption, meeting of 22 June 2000.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 2-489/1. - Project not referred to by the Senate, No. 2-489/2.