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Act To Amend Act Of 7 July 1994 On The Limitation And Control Of Electoral Expenses For The Elections Of Provincial, Municipal Councils And District And For The Direct Election Of Boards Of Social Assistance And, Order R

Original Language Title: Loi modifiant la loi du 7 juillet 1994 relative à la limitation et au contrôle des dépenses électorales engagées pour les élections des conseils provinciaux, communaux et de district et pour l'élection directe des conseils de l'aide sociale et, l'arrêté r

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belgiquelex.be - Carrefour Bank of Legislation

12 AOUT 2000. - An Act to amend the Act of 7 July 1994 relating to the limitation and control of election expenses incurred for the elections of the provincial, communal and district councils and for the direct election of the councils of social assistance and, 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 section 7 of the laws on the employment of languages in administrative matters, coordinated on 18 July 1966, and in the communes



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - 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. Section 6 of the Act of 7 July 1994 on the limitation and control of election expenses incurred for the elections of provincial, communal and district councils and for the direct election of social assistance councils amended by the laws of 12 July 1994 and 12 August 2000, are amended as follows:
(a) a § 1erbis, to read:
« § 1erbis. Also considered as expenses of election propaganda referred to in § 1er, expenses incurred by third parties in favour of political parties, lists or candidates, unless
- shall not, as soon as they have become aware of the campaign carried out by the third parties in question, they shall, by registered letter to the post, cease this campaign;
- shall not transmit a copy of the said letter, together with or without the agreement of the third parties to cease the campaign, to the president of the main electoral office, who shall attach this or these documents to statements of election expenses and the origin of the funds deposited by the parties, the lists or the candidates concerned. "
(b) § 2 is supplemented by the following:
"6° expenses for the organization of periodic events, provided that these:
- have no purely electoral objective;
- have a regular and recurring character and have the same organizational characteristics; the periodicity will be appreciated either on the basis of a reference period of two years prior to the period referred to in § 1er, period in which the event concerned must have taken place at least once a year, or on the basis of a reference period of four years before the period referred to in § 1er period during which the event must have taken place at least once in two years. If, however, the expenditures caused by the advertisement or invitations are clearly exceptional in relation to the usual conduct of such a demonstration, they shall, by exception, be charged as election expenses;
7° expenses for non-recurrent paid events, organized for election purposes, to the extent that expenses are covered by revenues, with the exception of those from sponsoring, and do not relate to expenses incurred for advertising and invitations. In the case that expenditures are not fully covered by revenues, the difference must be charged as an election expense;
8° the expenses incurred during the election period as part of the normal functioning of the party at the national or local level, especially for the organization of congresses and party meetings. However, if the costs of advertising and invitations are manifestly exceptional in relation to the usual conduct of such events, they must, in exceptional circumstances, be charged for election expenses;
9° expenses related to the creation of applications of the internet, provided that it operates in the same way and according to the same rules as outside the election period. "
Art. 3. Article 7, § 1er, of the same law, as amended by the Act of 19 March 1999, the first is replaced by the following provision:
"1° cannot sell or distribute gifts and gadgets; "
Art. 4. In Article 12, § 3, of the Act, as amended by the Act of 19 March 1999, the following amendments are made:
(a) in paragraph 2, the words "or direct election of social assistance councils" are inserted between the words "or district elections" and the words "a copy";
(b) in paragraph 3, the words "or direct election of social assistance councils" are inserted between the words "or district elections" and the words "in the same period".
CHAPTER III. - Amendment of the Royal Decree of 26 August 1988 defining the terms and conditions for the election of the Social Assistance Council 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. 5. Article 7bis of the Royal Decree of 26 August 1988 defining 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, inserted by the law of 7 July 1994 and amended by the law of 12 August 2000, is replaced by the following provision:
"Art. 7bis. - Sections 23ter, 74 and 74bis of the municipal electoral law apply by analogy to the direct election of the social assistance council. "
CHAPTER IV. - Entry into force
Art. 6. This Act produces its effects on 8 July 2000, with the exception of Article 3 which comes into force on the day of the publication of this Act to 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 Nice on 12 August 2000.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUENNE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Regular session 1999-2000.
House of Representatives:
Parliamentary documents. - Bill No. 50-792/1. - Amendments, nbones 50-792/2 and 3. - Report, number 50-792/4. - Text adopted by the Commission, No. 50-792/5. - Text adopted in plenary and transmitted to the Senate, No. 50-792/6.
Annales of the House of Representatives. - Discussion and adoption, meeting of 14 July 2000.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 2-525/1. - Report, no. 2-525/2. - Text adopted by the Commission, No. 2-525/3. - Decision not to amend, No. 2-525/4.
Annales of the Senate. - Discussion and adoption, 20 July 2000.