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17 NOVEMBER 2016. - An Act to amend the Electoral Code and the Act of 23 March 1989 concerning the election of the European Parliament (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Electoral Code
Art. 2. In Article 1^er§ 1^er, 3°, of the Electoral Code, amended by the Act of 7 March 2002, the words "diplomatic or" are repealed.
Art. 3. In section 15 of the same Code, last amended by the Act of 30 July 1991, paragraph 1^er is replaced by the following:
"The twenty-fifth day before that of the election in the case referred to in section 105, or immediately after the list of electors referred to in section 10 has been drawn up in the case provided for in section 106, the municipal administration shall transmit, by electronic means, the list of electors distributed by section, a list of Belgian electors residing abroad on a consular list of electors voting in person or by proxy The Governor, or the employee designated by the Governor, shall verify the conformity of this list with the provisions of sections 90 and 91 and shall validate it by means of its electronic signature no later than fifteen days before the election. ".
Art. 4. Section 15bis, inserted by the law of 9 August 1988 and amended by the law of 30 July 1991, is repealed.
Art. 5. Section 93 of the Code, last amended by the Act of 30 July 1991, is replaced by the following:
"At least four days before that of the election, the College of Bourgmestre and Echevins or Municipal College sends against receipt, on the one hand, to the president of the main canton office electronicly a certified excerpt of the lists of electors drawn up by section and, on the other hand, to each polling station president two exact certified excerpts from the list of electors called to vote in its section.
At least fourteen days before that of the election, the colleges of the mayor and echevins of the communes of Fourons and Comines-Warneton make, in addition, arrive against receipt two additional copies of the list of electors respectively to the deputy borough commissioner of Tongres and to the borough commissioner of Mouscron, dependant for them to send them without delay to the presidents of the offices designated ".
Art. 6. Section 93bis, inserted by the Act of 30 July 1991, is repealed.
Art. 7. Section 180 of the same Code, restored by the Act of 7 March 2002 and amended by the Act of 19 July 2012, is replaced by the following:
"Art. 180. § 1^er. All Belgians registered in the registers of the population held in Belgian career consular posts abroad and who meet the conditions of the electorate referred to in Article 1^er, are subject to the obligation to vote.
Persons referred to in paragraph 1^er are attached as an elector to one of the following municipalities:
1° the Belgian commune in which the person has once been registered in the registers of the population;
2° in default, the Belgian commune of the place of birth;
3° in default, the Belgian commune in which the father or mother of the person is registered or has been registered in the last place in the registers of the population;
4° in default, the Belgian commune in which the husband, wife, previous husband, previous wife or partner in a registered cohabitation is registered or has been registered in the registers of the population;
5° in default, the Belgian commune in which a parent up to the third degree is registered or was last registered in the registers of the population or the Belgian commune in which an ascendant is born, is registered or has been registered in the registers of the population;
6° in default, the municipality of Brussels.
§ 2. Persons referred to in § 1^er exercise their right to vote either in person or by proxy in a polling station in the territory of the Kingdom, either in person or by proxy in the career consular post in which they are registered or by correspondence.
§ 3. Except as otherwise provided in this title, the provisions of the Electoral Code shall apply to election operations, irrespective of the method of voting chosen.
§ 4. Career consular posts verify the conditions of the electorate listed in section 1^er§ 1^er".
Art. 8. In section 180bis of the same Code, inserted by the Act of 7 March 2002 and last amended by the Act of 6 January 2014, the following amendments are made:
1° in paragraph 1^erParagraph 1^er, the words "diplomatic or" and "diplomatic or" are repealed;
2° in paragraph 1^er, paragraph 2, the words "to the register of the population who makes the request. The letter to which the form is attached is signed by the head of diplomatic or consular post." are replaced by the words "to the consular register of the population who makes the request. ";
3° in paragraph 1^erParagraphs 3, 4 and 5 are replaced by the following:
"Between the first day of the ninth month and the first day of the seventh month prior to the date fixed for the regular renewal of the House of Representatives, each career consular post shall forward to the Belgians registered in the Chamber a registration application form unless they are already registered on a consular list of electors.
If the Belgian is to be attached to one of the communes referred to in Article 180, § 1^er, paragraph 2, 2° or 3°, the form indicates its attachment commune. However, if the Belgian is to be attached to a commune in accordance with Article 180, § 1^er, paragraph 2, 3°, and that his father and mother had their last registration in the registers of the population of different Belgian communes, the Belgian is invited to indicate to which of these two communes he wishes to be attached.
If the Belgian is to be attached to a municipality referred to in Article 180, § 1^er, paragraph 2, 1°, 4° or 5, it indicates the commune for which it can attest, by all means of law, one of the ties of connection referred to in this provision. The verification of this linkage and the supporting documents issued by the Belgian to this effect is carried out by the career consular post which contactes if necessary with the Belgian commune concerned. ";
4° in paragraph 3, the words "diplomatic or" are repealed each time and the words "inscribed in a municipality referred to in article 180, paragraph 2, 4°" are replaced by the words "retrieved to a commune referred to in the article, 180, § 1^er, paragraph 2, 1°, 4° or 5°. In the event that the Belgian is unable to produce a supporting document of the connection, he may file a statement on the honour of which the model is determined by the King.";
Paragraph 4 is replaced by the following:
§ 4. After checking the conditions of the electorate in the head of the applicant, in accordance with section 180, § 4, the career consular posts register the elector on the consular list of electors. This list specifies, in addition to the data referred to in Article 10, § 2, the voting method chosen by the elector and the municipality to which it is attached.
When the career consular post refuses to recognize a Belgian resident abroad as an elector, it shall notify the person concerned in writing of the decision and shall transmit a copy of that decision to the Minister of Foreign Affairs or to the person designated by him.
Within 30 days of receipt of this notification, the individual may file a claim in writing with the Minister of Foreign Affairs or the person designated by him.
The Minister of Foreign Affairs or the person designated by him shall take a decision within fifteen days of receipt of the claim and his decision shall be immediately notified in writing to the person concerned, via the career consular post in which he is registered.
The interested party may appeal this decision to the Brussels Court of Appeal within 30 days of the notification. Upon expiry of this period, the decision of the Minister of Foreign Affairs or the person designated by him is final.
The appeal is filed by a request to the Attorney General at the Brussels Court of Appeal. The Minister shall immediately inform the Minister of Foreign Affairs or the person designated by him.
The parties have a period of twenty days from the receipt of the request to file new findings. Upon the expiry of this period, the Attorney General shall send within two days the file, to which the new documents or conclusions may be attached, to the Chief Clerk of the Court of Appeal of Brussels who shall acknowledge receipt of the case.
Sections 28 to 39 are applicable. ";
Paragraph 5 is replaced by the following:
§ 5. In the case referred to in section 105, the career consular post shall determine the consular list of electors on the eightyth day preceding that of the election.
In the case provided for in section 106, the consular list of electors is arrested on the date of the royal decree setting the date of the election. However, voters are called to vote on the basis of the list prepared for the regular meeting of the electoral colleges, when the dissolution of the House of Representatives occurs after the eightyth day preceding the date of the ordinary meeting of the electoral colleges, with the consequence that an election must be held before the scheduled date.
The arrest of the consular list of electors in each career consular post is based on the data inserted by these posts in the National Register of Physical Persons. The Federal Public Service Foreign Affairs requests the National Register of Natural Persons to establish the consular list of electors.
As soon as the voters' consular list is stopped, each college of the bourgmestre and chevins or communal college sends, by digital means, to the Federal Public Service Foreign Affairs the necessary data to identify the polling station in which Belgian electors residing abroad who have chosen to vote in person in Belgium will exercise this right.
As soon as the voters' consular list is closed, the Federal Public Service for Foreign Affairs sends a copy of the list of Belgian electors residing abroad who have chosen the vote by mail or vote in person or by proxy in the career consular posts to each president of the main office of exchange.
The provisions of sections 15 and 93 are not applicable to the list of electors. ";
Paragraph 5bis is repealed;
Paragraph 6 is replaced by the following:
§ 6. From the date on which the list of electors is to be stopped, any person unduly registered, omitted or striped from the list of electors, or for which the references prescribed in § 4 on this list are incorrect, may file a claim with the Minister of Foreign Affairs or the person designated by him up to the twelfth day before that of the election.
The procedure for processing the claim before the Minister of Foreign Affairs is identical to that provided for in sections 20 to 26 before the College of Bourgmestre and Echevins. However, it should be read:
- instead of the words "the College of Bourgmestre and Echevins", the words "the Minister of Foreign Affairs or the person designated by him";
- instead of the words "communal secretary", the words "President of the Committee of Directors";
- instead of the words "municipal administration", the words "Federal Public Service Foreign Affairs".
Sections 27 to 39 are also applicable. However, it is necessary to read instead of the words "bourgmestre", the words "the Minister of Foreign Affairs or the person designated by him". The competent Court of Appeal is the Court of Appeal of Brussels. ";
9° the article is supplemented by paragraphs 7 and 8 as follows:
"§ 7. The Belgians residing abroad who are on the list of electors are striped of them when, between the date on which they are arrested and the day of the election, either they cease to satisfy the condition of being Belgian, or they come to die, or they are removed from the consular registers of the population.
Belgian electors residing abroad who, after the date on which the list of electors is arrested, are subject to a conviction or a decision in their head either to exclude electoral rights, or to suspend on the date of the election, of the same rights, are similarly removed from the list of electors.
If, after registration, the Belgian wishes to amend the manner in which he intends to exercise his right to vote, he or she shall file an application in person or by mail to the career consular post. This amendment applies to any legislative election that will take place on the first day of the fourth month following that application.
§ 8. The Federal Public Service for Foreign Affairs shall issue copies or copies of the consular list of electors residing abroad, as soon as it is established, to persons acting on behalf of a political party and applying for it by registered mail to the Minister of Foreign Affairs no later than the thirty-third day before the election.
Each political party may only obtain an electronic copy of the list for free, provided it files a list of candidates for the election of the House of Representatives. The list provided contains only Belgian electors from abroad attached to a municipality within the jurisdiction of the electoral district in which this political party files a list of candidates.
If the political party does not present a list of candidates, it can no longer use the list of electors, whether for election purposes, under penalty of the criminal sanctions imposed on article 197bis.
Article 17, §§ 2 and 3, is applicable by analogy. ".
Art. 9. Section 180ter of the same Code, inserted by the Act of 7 March 2002 and amended by the Act of 19 July 2012, is replaced by the following:
"Art. 180ter. § 1^er. The elector shall issue his vote in the commune to which he is bound under Article 180, § 1^er.
§ 2. The career consular post sends a letter to the residence of the Belgian elector residing abroad in accordance with the terms prescribed in Article 107.
To this end, immediately after the voters' list is stopped, the Federal Public Service for Foreign Affairs shall transmit to the career consular posts the data transmitted by the municipalities under section 180bis, § 5, paragraph 4.
§ 3. To be allowed to vote in a Belgian commune, the Belgian resident abroad may establish his or her identity, by derogation from article 142, paragraph 3, by producing a document other than the identity card.".
Art. 10. In section 180quater of the same Code, inserted by the Act of 7 March 2002 and amended by the Act of 19 July 2012, the following amendments are made:
1° in § 1^er, the words "where he has chosen to be registered" are replaced by the words "to which he is attached";
2° in § 3, the words "of inscription" are replaced by the words "of attachment".
Art. 11. In Part IVbis, Chapter II of the same Code, the title of Section 3 is replaced by the following:
"Section 3. - In-person vote in career consular posts."
Art. 12. In section 180quinquies of the same Code, inserted by the Act of 7 March 2002 and last amended by the Act of 6 January 2014, the following amendments are made:
1° in § 1^er, the words "The College of Bourgmestre and Echevins of the Enrolment Commune of the Belgian resident abroad sends to the residence of the latter, via the diplomatic or consular post in which he is registered and" are replaced by the words "The consular career post on the consular list from which the elector is registered sends to the residence of the latter,";
2° in § 2, paragraph 2, the words ", accompanied by a copy of the list of electors who have chosen this mode of voting, are sent to diplomatic posts or" are replaced by the words "are sent to the posts" and the words "Ministry of" are replaced by the words "Federal Public Service";
3° in § 2, paragraph 3, the words "diplomatic or" are repealed;
4° in § 3, the word "four" is replaced each time by the word "two";
5° in § 3, paragraph 2, the words "diplomatic or" are repealed;
6° in § 3, paragraph 3, the words "diplomatic or" are each time repealed and the words ", of the embassy of Belgium" are inserted between the words "consular of career" and the words "or among Belgian voters";
7° in § 3, paragraph 4, the words "diplomatic or consular among the members of the diplomatic or consular post or among the electors registered with the diplomatic post or" are replaced by the words "consular among the members of the consular post, the embassy of Belgium or among the electors registered with the post";
8° in § 3, paragraph 5, the words "diplomatic or" are repealed;
9° in § 3, paragraph 6 is repealed;
10° in § 4, paragraph 1^er, the words "diplomatic or" are each time repealed;
11° in § 4, paragraph 3, the words "diplomatic or" are repealed;
12° in § 4, paragraph 4, the words "diplomatic or consular career where votes will be counted" are replaced by the words "rearing associations where votes will be counted and among those responsible for the transmission of ballots according to the provisions of § 5";
13° in § 5, paragraph 2, the words "diplomatic or" are repealed;
14° in § 6, paragraph 2, the words "and to the president of the principal office of college" are repealed;
15° in § 6, paragraph 3, the words "diplomatic or" are repealed;
16° in § 7, the words "diplomatic or" are repealed.
Art. 13. In Part IVbis, Chapter II of the same Code, the title of Section 4 is replaced by the following:
"Section 4. - The proxy vote in career consular posts."
Art. 14. In section 180sexies of the same Code, inserted by the Act of 7 March 2002 and amended by the Act of 19 July 2012, the following amendments are made:
1° in § 1^erthe words "diplomatic or" are repealed;
2° in § 3, the words "diplomatic or" are repealed;
3° in § 4, the words "the Collège des bourgmestre et échevins" are replaced by the words "the consular post of career on the consular list of electors of which the latter is registered";
4° in § 5, paragraph 1^erthe words "diplomatic or" are repealed;
5° in § 5, paragraph 2 is repealed.
Art. 15. In section 180s of the same Code, replaced by the Act of 6 January 2014, the following amendments are made:
1° in § 1^erParagraphs 1^er2 and 3 are repealed;
2° in § 1^er, paragraph 4, which becomes paragraph 1^erthe words "through the diplomatic or consular post in which these Belgians are registered" are replaced by the words "through the Federal Public Service for Foreign Affairs";
3° in § 1^er, paragraph 4, which becomes paragraph 1^er4°, the words "conformed to the model Ibis-a annexed to this Code" are replaced by the words "established by the King";
4° in § 1^er, paragraph 5, which becomes paragraph 2, the words "the Belgian communes of registration pursuant to Article 180bis, § 4, paragraph 3" are replaced by the words "the Federal Public Service for Foreign Affairs pursuant to Article 180bis, § 5";
5° in § 1^er, paragraph 6, which becomes paragraph 3, the words "Minister of the Interior" are replaced by the word "Roi";
6° in § 4, paragraph 1^erthe words "bourgmestre and echevin colleges" are replaced by the words "Federal Public Service Foreign Affairs";
7° in § 4, paragraph 2 is repealed;
8° in § 5, paragraph 3, the words "In case the canton referred to in paragraph 1^er is fully automated" are replaced by the words "If the vote in the canton referred to in paragraph 1^er is carried out entirely electronically";
9° in § 5, paragraph 5, the words "If the electoral district is fully automated" are replaced by the words "If the vote in the electoral district is conducted entirely electronic".
Art. 16. In section 209 of the same Code, last amended by the Act of July 19, 2012, paragraph 3 is repealed.
Art. 17. The Ibis-a instruction model, annexed to the same Code, is repealed.
CHAPTER 3. - Amendments to the Act of 23 March 1989 on the election of the European Parliament
Art. 18. Article 1^er of the Act of 23 March 1989 on the election of the European Parliament, last amended by the Act of 7 January 2014, the following amendments are made:
1° in § 1^erParagraph 1^er, the 3rd is supplemented by the words "or be registered in the registers of the population held in the career consular posts located in a non-member State of the European Union";
2° in § 2, paragraph 1^er1° is replaced by the following:
"1° the Belgians who are registered in the registers of the population held in career consular posts located in a Member State of the European Union, which meet the conditions of electorate referred to in § 1^erParagraph 1^er, 2° and 4°, which apply, in accordance with chapter II, section II, of this title, to the Belgian consular post of which they report and which did not demonstrate their willingness to exercise their right to vote in the Member State in which they reside;".
Art. 19. In article 2, paragraph 1^er, of the same law, as amended by the Royal Decree of 11 April 1994, the words ",15bis" are repealed.
Art. 20. In article 3, paragraph 1^erin the same Act, as amended by the Act of 11 April 1994, the words "the list of electors referred to in section 1^er§ 1^er and § 2, paragraph 1^er, 2° " are replaced by the words "the list gathering Belgian electors referred to in Article 1^er§ 1^erregistered in the registers of the population of that municipality, as well as the electors referred to in section 1^er§ 2, paragraph 1^er2°.
Art. 21. Section 4 of the Act, last amended by the Act of 11 April 1994, is replaced by the following:
"Art. 4. § 1^er. The provisions of Articles 4, 89 bis, 90 and 91 of the Electoral Code apply to Belgian electors referred to in Article 1^er§ 1^erregistered in the registers of the population of a Belgian commune, as well as to the electors referred to in Article 1^er§ 2, paragraph 1^erTwo.
§ 2. On or before the twenty-fifth day of the election, the municipal administration shall transmit, by electronic means, the list of electors divided by section, including also Belgian electors residing abroad on a consular list of electors and voting in person or by proxy in Belgium, to the governor or to the civil servant whom the latter designates. The Governor, or the employee designated by the Governor, shall verify the conformity of this list with the provisions of sections 90 and 91 and shall validate it by means of its electronic signature no later than fifteen days before the election.
For the municipalities of the Brussels-Capital Region, these lists are sent to the authority of the Brussels-Capital agglomeration competent under section 48 of the special law of 12 January 1989 on the Brussels Institutions, or to the official designated by that authority.
For the municipalities of Comines-Warneton and Fourons, copies referred to in paragraph 1^er are sent respectively to the borough commissioner of Mouscron and to the deputy borough commissioner of Tongres. ".
Art. 22. In Title 1^er, Chapter 1^erin the same Act, the title of Section II is replaced by the following:
"From the list of Belgian electors residing abroad."
Art. 23. Section 5 of the Act, as amended by the Acts of 16 July 1993 and 11 April 1994, is replaced by the following:
"Art. 5. § 1^er. All Belgians registered in the registers of the population held in career consular posts located in a non-member State of the European Union and who meet the conditions of the electorate referred to in Article 1^er§ 1^er, are subject to the obligation to vote.
All Belgians from abroad referred to in Article 1^er§ 2, paragraph 1^er, 1°, may apply to vote by way of a form whose model is fixed by the King.
§ 2. Persons referred to in § 1^er are attached as an elector to a Belgian commune according to the criteria referred to in Article 180, § 1^er2 of the Electoral Code.
They exercise their right to vote either in person or by proxy in a polling station in the territory of the Kingdom, either in person or by proxy in the consular post in which they are registered, or by correspondence. However, this mode of voting cannot be different from the voting method chosen for the election of the House of Representatives pursuant to Article 180bis, § 2, of the Electoral Code.
Career consular posts verify the conditions of the electorate listed in section 1^er".
Art. 24. Section 6 of the Act is replaced by the following:
"Art. 6. § 1^er. When it is registered in the registers of the population held in the career consular posts located in a non-member State of the European Union, the career consular post shall give the Belgian a registration application form whose model is fixed by the King. He also submits this form to any Belgian registered in the consular register of the population upon request.
The consular post located in a Member State of the European Union shall, upon request from the Belgian, submit the application form referred to in Article 5, § 1^erParagraph 2.
Requests for registration referred to in the preceding paragraphs are valid for the participation of the Belgian in any election of the European Parliament that will take place on the first day of the fourth month following the filing of the form, as long as the Belgian remains registered in the register of the population of the same career consular post. The Belgian foreign national residing in a Member State of the European Union may request the withdrawal of his registration.
§ 2. The provisions of Article 180bis, § 1^erparagraphs 4 and 5, § 2, § 3, paragraph 1^er, and § 4, of the Electoral Code are applicable to registration on the consular list of electors. ".
Art. 25. Section 7 of the Act, last amended by the Royal Decree of 11 April 1994, is replaced by the following:
"Art. 7. § 1^er. On the first day of the second month preceding the one in which the election of the European Parliament takes place, the career consular post lists the Belgian voters registered in its place for the election of the European Parliament.
§ 2. The provisions of Article 180bis, § 5, paragraphs 3 to 6, § 6 and § 7 of the Electoral Code are applicable to the arrest of the list of electors, subject to the following modifications:
1° for the application of section 180bis, § 5, paragraph 5, instead of the words "main office of electoral district", read the words "main office of province";
2° for the application of Article 180bis, § 7, it is necessary to complete this article by the following paragraphs:
"Until the day of the election, are removed from the consular list of Belgian electors from abroad, those of them referred to in Article 1^er§ 2, paragraph 1^er, 1°, which, according to information transmitted by the Member State of the European Union where they reside, were registered as electors in this Member State.
If the election of the European Parliament takes place on the same day as the election of the House of Representatives, the Belgians referred to in the preceding paragraph may, however, exercise their right to vote for the election of the House of Representatives."
Art. 26. Section 8 of the Act, last amended by the Act of January 7, 2014, is replaced by the following:
"Art. 8. The Federal Public Service for Foreign Affairs shall issue copies or copies of the consular list of electors residing abroad, as soon as it is established, to persons acting on behalf of a political party and applying for it by registered mail to the Minister of Foreign Affairs no later than twenty-five of the third month preceding the one in which the election of the European Parliament and who undertake in writing to submit a list of candidates for that election.
Each political party can only obtain an electronic copy of the list free of charge, provided it files a list of candidates for the election of the European Parliament. The list provided contains only Belgian electors from abroad attached to a municipality within the jurisdiction of the electoral college in which this political party submits a list of candidates.
If the political party does not present a list of candidates, it can no longer use the list of electors, for electoral purposes, under penalty of the criminal sanctions imposed in article 197bis of the Electoral Code.
Article 17, §§ 2 and 3, of the Electoral Code is applicable by analogy. ".
Art. 27. In Article 10, § 1^erParagraph 6, of the Act, last amended by the Act of July 19, 2012, is repealed.
Art. 28. Section 11 of the Act, as amended by law and the Royal Decree of 11 April 1994, is replaced by the following:
"Art. 11. § 1^er. At least fourteen days before the election day, the College of Bourgmestre and Echevins or Municipal College sends against receipt, on the one hand, to the president of the main canton office electronicly a certified excerpt of the lists of electors drawn up by section and, on the other hand, to each polling station president two exact certified excerpts from the list of electors called to vote in its section.
Until the day of the election, the Collège des bourgmestre and échevins or communal college transmits to the president of each polling station the decisions that take registration or de-listing of the list and that interest the electors called to vote in its section.
§ 2. At least fourteen days before the election day, the colleges of the mayors and echevins of the communes of Fourons and Comines-Warneton also send against receipt two additional excerpts from the list of electors respectively to the deputy borough commissioner of Tongres and to the borough commissioner of Mouscron, dependant for them to send them forthwith to the presidents of the electoral offices designated
Until election day, they shall forward to the chairs of the polling stations referred to in paragraph 1^er, the decisions that take registration on this list or delisting it.".
Art. 29. Section 13 of the Act, as amended by the Acts of 11 April 1994 and 16 July 1997, is repealed.
Art. 30. Section 14 of the Act, last amended by the Act of January 7, 2014, is repealed.
Art. 31. In article 16, paragraph 1^erof the same Act, as amended by the Act of 11 April 1994, the words "of the electors referred to in section 1^er§ 1^er and § 2, paragraph 1^er, 2° " are replaced by the words "Belgian voters referred to in Article 1^er§ 1^erregistered in the registers of the population of a Belgian commune, as well as the electors referred to in Article 1^er§ 2, paragraph 1^er2°.
Art. 32. Section 17 of the Act, last amended by law and the Royal Decree of April 11, 1994, is repealed.
Art. 33. In section 21 of the Act, last amended by the Act of 7 January 2014, the following amendments are made:
1° in § 1^erParagraph 2 is replaced by the following:
"For the purposes of this provision, where the act of presentation is signed by a Belgian elector residing abroad, the municipality referred to in paragraph 1^er is the connecting commune as determined under Article 5, § 2";
2° in § 2, paragraph 6 is supplemented by the following sentence:
"For Belgian electors residing abroad, the quality of electors is certified electronically by the consular station where they are registered. ".
Art. 34. In section 26 of the Act, last amended by the Act of 19 July 2012, subsection 2 is repealed.
Art. 35. In article 27, paragraph 5, of the same law, last amended by the law of 16 July 1993, the words ", which are registered or mentioned in the registers of the population of a Belgian commune," are inserted between the word "law" and the word "may".
Art. 36. In Part 3, Chapter 3, of the Act, the title of Section III is replaced by the following:
"The different voting methods of Belgians residing abroad".
Art. 37. Section 31 of the Act, as amended by the Act of 16 July 1993, is replaced by the following:
"Art. 31. The provisions of Article 180ter of the Electoral Code apply to Belgian electors residing abroad referred to in Article 5, § 1^erwho vote in person in a polling station in the territory of the Kingdom. "
Art. 38. In the same Act, an article 31/1 is inserted as follows:
"Art. 31/1. The provisions of Article 180quater of the Electoral Code apply to Belgian electors residing abroad referred to in Article 5, § 1^erwho vote by proxy in a polling station in the territory of the Kingdom.
However, for this application, it is necessary to complete Article 180quater, § 1^er, by the words ", this agent is necessarily the same elector as that designated in the election of the House of Representatives". ".
Art. 39. In the same Act, an article 31/2 is inserted as follows:
"Art. 31/2. The provisions of Article 180quinquies of the Electoral Code apply to Belgian electors residing abroad referred to in Article 5, § 1^erwho vote in person in the career consular post in which they are registered.
However, for this application:
1° It is necessary to read, in Article 180quinquies, § 2, paragraph 1^erinstead of the words "of the main electoral district office" the words "of the province's main office";
2° Article 180quinquies, § 6, shall be read as follows:
§ 6. The regional counting office shall establish, for each of the colleges, a table showing the results of the census of votes in the order and according to the indications of a model table referred to in article 33, paragraph 2, 4°, a).
The results of the counting of votes of Belgians residing abroad are transmitted electronically by the president of the regional counting office to the president of the main college office. The Chair of the Regional Deployment Office shall take all necessary measures to ensure that these results reach the Chair of the Senior College Office in a timely manner.
The results of the counting of votes of Belgians residing abroad and voting in a career consular post are integrated into all the votes cast in the college.".
Art. 40. In the same law, an article 31/3 is inserted as follows:
"Art. 31/3. The provisions of Article 180sexies of the Electoral Code apply to Belgian electors residing abroad referred to in Article 5, § 1^erwho vote by proxy in the career consular post in which they are registered.
However, for this application, it is necessary to complete Article 180sexies, § 1^er, by the words ", this agent is necessarily the same elector as that designated in the election of the House of Representatives". ".
Art. 41. In the same Act, an article 31/4 is inserted as follows:
"Art. 31/4. § 1^er. On or before the twenty-fourth day preceding the election day, the president of the main office of province shall send an electoral envelope to Belgian electors residing abroad and who have chosen to vote by correspondence, through the Federal Public Service for Foreign Affairs, including:
1° a reference envelope Declared at the address of the president of the main provincial office of which the Belgian resident abroad reports;
2° a blue-colored neutral B envelope containing a ballot, identical to those given to the voters voting in the union in Belgium, duly stamped on the back by means of a stamp bearing the date of the election and the mention "vote des Belges à l' étrangers - Parlement européen";
3° a form that the elector is invited to sign after completing it with the indication of his name, first names, date of birth and full address;
4° of the King's instructions.
For the preparation of the electoral envelopes, the main provincial offices are based on the lists of electors that were communicated to them by the Federal Public Service for Foreign Affairs pursuant to Article 7, § 2.
The envelope and form model referred to in paragraph 1^er is fixed by the King.
§ 2. The Belgian resident abroad issues his vote on the ballot slipped in the neutral B envelope referred to in § 1^erParagraph 1^erTwo. After repainting the newsletter duly folded in this envelope, he closes it.
In the reference envelope When the Belgian elector residing abroad sends to the main provincial offices, he slips, on the one hand, the neutral B envelope containing the ballot and on the other, the form referred to in § 1^erParagraph 1^er, 3°, duly completed.
§ 3. When the election of the European Parliament takes place on the same day as that of the House of Representatives, the sending referred to in § 1^er shall be effected on or before the twelfth day preceding that of the election, simultaneously with that for the election of the House of Representatives.
For the sending of his correspondence vote, the Belgian resident abroad shall proceed as follows:
1° the Belgian resident abroad issues his vote on the ballot slipped in the neutral B envelope referred to in § 1^erParagraph 1^erTwo. After having repainted the newsletter duly folded into this envelope, it closes it;
2° in the same reference envelope Article 180s, § 1^erParagraph 1^er, 1°, of the Electoral Code, that the Belgian elector residing abroad sends to the main offices of the province, he slips, on the one hand, the neutral envelope B of blue color containing the ballot for the European Parliament and the neutral envelope B containing the ballot for the House of Representatives referred to in Article 180s, § 1^erParagraph 1^er, 2°, of the Electoral Code, and on the other hand, only the form referred to in article 180s, § 1^erParagraph 1^er, 3°, duly completed.
§ 4. Referral envelopes to the main provincial offices after the closure of the polling stations established in Belgium are not taken into account and are destroyed by the president of the main provincial office.
§ 5. The president of the provincial main office opens these envelopes as he receives them. The names of electors are listed on the lists of electors who have been transmitted to them by the Federal Public Service for Foreign Affairs, after verification of the concordance of the enunciations of these lists with the mentions of the form referred to in § 1^erParagraph 1^erThree.
Neutral B envelopes containing ballots are kept duly closed until the start of the counting operations.
§ 6. On the day of the election, at the close of the polling stations, the president of the province's main office made the counting of the ballots from the Belgians residing abroad by distributing these ballots between the counting offices of the canton of which is part of the commune chief town of college.
The counting offices referred to in paragraph 1^er may only commence their operations after intermingling the ballots from Belgian electors residing abroad with the ballots referred to in Article 149, paragraph 1^erThe Electoral Code.
If the vote in the canton referred to in paragraph 1^er is conducted entirely electronic, the president of the province's main office distributes the bulletins from Belgians residing abroad between the counting offices of another canton of that province.
The ballots of Belgian voters residing abroad in the electoral district of Rhode-Saint-Genesis are stripped by the counting office designated by the president of the cantonal office of Rhode-Saint-Genesis.
In the provinces where the vote is entirely electronic, the president of the province's main office sends the ballots from the Belgians abroad to the president of the main college office that distributes these ballots between the provinces of the college where the vote is not entirely electronic.
If the vote in the college is conducted in a fully electronic manner, the Chair of the Senior College Office shall constitute one or more manual counting offices, in accordance with the provisions of this Act."
Art. 42. In section 33, paragraph 2, of the Act, last amended by the Act of 7 January 2014, 3°, (b), is replaced by the following:
"(b) the same article is supplemented by the following paragraph:
"The detachment office shall proceed to the detachment at the time fixed by the King in accordance with paragraph 1^er. To this end, members of the office, accompanied by witnesses if they so wish, take possession of the folds that are destined to them in the designated local in accordance with Article 150, paragraph 3. The president of the counting office shall give it to the delegate of the Collège des bourgmestre et échevins du chef-lieu de canton."
Art. 43. In section 39, paragraph 1^er, of the same law, last amended by the law of 7 January 2014, it is inserted a 1° /1 written as follows:
"1° /1 for Belgians who reside in the territory of a non-member State of the European Union and who are registered in the registers of the population held in career consular posts; ".
Art. 44. In the same law, an article 43ter is inserted as follows:
"Art. 43ter. If the Minister of the Interior receives a request from another Member State of the European Union on the right of eligibility of a Belgian national registered as a candidate for the election of the European Parliament in that Member State, he shall transmit to the Member State of residence information on the right of eligibility of the national, within a period of 5 working days from the receipt of the notification or when it is possible within a shorter period of time if the member of residence makes a request. ".
Art. 45. The models of instruction to electors Ib-a, Ib-b and Ib-c, annexed to the same law, are repealed.
CHAPTER 4. - Transitional provision
Art. 46. In a transitional manner, the Belgians registered in the registers of the population held in the consular career posts located in a non-member State of the European Union at the time of the entry into force of this Act will automatically be taken as an elector for the election of the European Parliament according to the same method of voting and according to the same union in Belgium as those for the election of the House of Representatives for which they are an elector under the provisions of the Electoral Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 November 2016.
PHILIPPE
By the King:
Minister of Security and Interior,
J. JAMBON
Minister of Foreign Affairs,
D. REYNDERS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Note
House of Representatives
(www.lachambre.be)
Documents: 54-2032
Full report : 20 October 2016