Ordinance To The Law On Election Of Members To The European Parliament

Original Language Title: Bekendtgørelse af lov om valg af danske medlemmer til Europa-Parlamentet

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Overview (table of contents) Chapter 1 Chapter 2 area of the law to vote and to stand as a candidate Chapter 3 parties that have the right to participate in elections to the European Parliament Chapter 4 electoral lists and voting cards Chapter 5 Elections boards, election officials and polling voters Chapter 6 Chapter 7 Vote candidate lists on election day Chapter 8 Chapter 9 pattern form of ballot counting of votes Chapter 10 Chapter 11 statement the Folketing Election approval of election Chapter 12 Various provisions of Chapter 13 Commencement and amending the provisions of The Ordinance to the law on elections full text of Danish members to the European Parliament

Hereby promulgated law on the election of Danish members of the European Parliament, see. lovbekendtgørelse nr. 143 of 24. February 2009 with the changes imposed by § 1 of lov nr. 1545 of 21. December 2010.

The announced legislative text relating to article 3, paragraph 1, no. 3, section 14 (a) (1), (2). paragraph, section 14 (a), paragraph 2, no. 2, section 14 (a), (4), 2. paragraph, article 15, paragraph 1 1. paragraph, as well as articles 19 (3), 2. paragraph, applies in full out of the 1. July 2011, see. section 3 of Act No. 1545 of 21. December 2010.

Chapter 1 section 1 area of the law. To the European Parliament elected 13 Danish members.

§ 2. Denmark constitutes one electoral area, which all 13 members are elected by proportional representation.

(2). Polling and counting takes place in the same voting areas and constituencies as in elections to the Folketing.

(3). On the Faroe Islands and Greenland held no elections to the European Parliament.

Chapter 2 section 3 to vote and to stand as a candidate. In elections to the European Parliament every person on election day 1) has the right to vote to the Folketing or 2) have Danish citizenship, have achieved the age of suffrage to the Danish Parliament and has permanent residence in one of the other Member States of the European Union, unless they are under guardianship with the deprivation of legal capacity, in accordance with article 3. the Guardianship Act section 6, or 3) is a national of one of the other Member States of the European Union, have reached the age for voting to the Danish Parliament and has permanent residence in Denmark or registered in the Ministry of Foreign Affairs Protocol, unless they are under guardianship with the deprivation of legal capacity, in accordance with article 3. the Guardianship Act § 6.

(2). Persons who have permanent residence on the Faroe Islands or to Greenland, have not the right to vote in the European Parliament.

§ 4. No one can exercise the right to vote without being entered on the electoral roll.

§ 5. At the election of members of the European Parliament have no choose vote both in Denmark and in one of the other Member States of the European Union.

(2). Nobody should allow themselves to stand as a candidate at the elections of both in Denmark and in one of the other Member States of the European Union. The election of a candidate who has acted in conflict herewith, are invalid, see. section 37, paragraph 3.

§ 6. As a candidate for the European Parliament is anyone who has the right to vote under section 3 (1) and as 4 weeks before election day meets the voting conditions apart from the age condition, see. However, paragraphs 2 and 3.

(2). The who is punished for an act which in plain reputation makes the person unworthy of being a member of the European Parliament, is not a candidate, see. section 37, paragraph 3.

(3). The one who has the right to vote under section 3 (1) (8). 3, but as with a civil law or criminal law decision, has been deprived of his right to stand for election to the European Parliament in the Member State in which he is a citizen, is not a candidate, see. section 37, paragraph 3.

(4). A person can always be drawn up for election regardless of objections about ineligibility under paragraph 2 or paragraph 3.

§ 7. No one can be drawn up for elections without having given his consent.

§ 8. Members are elected for five years. Their term of office begins and ends at the times, brought about by the European communities rules concerning the election of members of the European Parliament.

§ 9. The Interior and the Minister of health shall determine the day of the holding of the elections on the basis of the official rules.

(2). Interior and Health Minister announced in the Official Gazette, which day the election is held.

Chapter 3 parties that have the right to participate in elections to the European Parliament, § 10. Parties to a Folketing election held not later than six weeks before election day has achieved representation in the Folketing, and as six weeks before election day is still represented in this, as well as parties that at the last elections to the European Parliament has achieved representation in the European Parliament, and as six weeks before election day is still represented in this, have the right to participate in European parliamentary elections.

(2). The right to participate in the European parliamentary elections has also new parties, declared for the Interior and Health Minister in accordance with section 11.

§ 11. New parties wishing to participate in the European parliamentary elections, to be notified for the Interior and the Minister of health no later than 23:00. 12 eight weeks before election day. With the notification must follow statements by a number of voters, which is at least equal to 2 percent of all valid votes in the last Folketing elections held.

(2). Choose the declarations to be made on a form, there must first be approved by the selection board established pursuant to section 17 of the law on elections to the Folketing. The approval is valid for 3 years from the approval date. In connection with the approval of the Board of Elections determines the form the name of the new party may be approved, in accordance with article 3. § 12. The approval of the party name is valid in the same period of time as the approval of the form. An application for approval of a form to a new party, whose name cannot be approved, in accordance with article 3. § 12, may be submitted not earlier than 30 days before the expiry of the period during which the name cannot be approved.

(3). Election Board may, on application, extend the approval of the form and the party name for one year with effect from the expiry of the previous approval, if there is reason to believe that within this period will be made party review. Extension can in exceptional cases be done multiple times. An application for an extension may, apart from exceptional cases, be submitted at the latest at the expiry of the previous approval. The subject of an application for extension of approval no later than the end of the previous approval maintained approval, pending a decision on whether or not the application can be met.

(4). The party is not made within the period of review, where the approval of the party's form to select statement and a possible extension of this applies, see. paragraphs 2 and 3, can anyone who has got the party's voter declaration form to be approved, the earliest lodge the application for approval of a form with the same party name a year after the end of the previous approval. However, this does not apply if the other according to the rules laid down in article 12 of the basic regulation. 13 (1). 2 and 5, and paragraph 2, of the law on elections to the Folketing, can't get approved party name.

(5). Select statements must be included in order to be able to be filled with clear indication of the voter's name, social security number and place of residence and be signed and dated by the elector personally. The statements must also be provided with a certificate from the municipality's civil registry that the picker by declaration submission fulfils the conditions for elections to the European Parliament. For voters who alone have the right to vote under section 3 (1) (8). 2, is applied to the attestation of the fact that the voter satisfies the conditions for elections to the European Parliament, however, by the Danish representation of the country in which the person concerned is domiciled.

(6). A select statement shall, however, be excluded, provided that the 1) is given 1 year or more before the notification of the party without prejudice. paragraph 1, or 2) is cast by a voter, who already have declared for a party which has been notified in accordance with paragraph 1.

(7). A review of a party shall be valid until the holding of the first elections to the European Parliament.

(8). Interior and Health Minister shall keep the select statements, as long as the notification is valid, and then annihilate them.

§ 12. A new party cannot get approved a name that party cannot get approved according to the rules laid down in section 13, paragraphs 1 and 2, of the law on elections to the Folketing. Approval may be withdrawn in accordance with the rules laid down in section 13, paragraph 3, of the law on elections to the Folketing.

§ 13. Interior and Health Minister assigns the parties that have the right to participate in European parliamentary elections a letter designation, as parties should be listed on the ballots. The award must be taken into account that the parties as far as possible, preserve the letter designations, they have had at previous elections.

(2). Notice on the assigned letter designations is done in the Official Gazette in connection with the publication of the approved candidate lists, see. Article 24, paragraph 1.

Chapter 4 electoral lists and voting cards section 14. In the year in which the election of Danish members of the European Parliament to be held, must draw up a Municipal Council election list of the voters in the municipality. The Municipal Council may decide that one or more or all voting areas in the municipality to be used an electronic election list.

(2). For the compilation of the electoral roll and for inclusion on this list of persons having the right to vote under section 3 (1) (8). 1 find the rules on the electoral lists in the law on elections to the Folketing mutatis mutandis. For immigration from, respectively, the exodus of the Faroe Islands or Greenland, however, the same rules apply as for immigration from, respectively, vacates to abroad.


(3). Persons who have the right to vote under section 3 (1) (8). 2, and which do not appear on the electoral roll in accordance with paragraph 2 shall be entered at the request of a special electoral list in the municipality of Copenhagen. Interior and Health Minister may lay down detailed rules for the inclusion on the list and on the list's compilation.

(4). A person who is entered on the electoral list in accordance with paragraph 2 or 3, shall be removed from the electoral roll, where the Interior and Health Minister receives notification that the person concerned is entered on the electoral list for the European parliamentary elections in one of the other Member States of the European Union.

(5). The Interior and the Minister of health shall lay down detailed rules on the removal from the register of the electoral roll in accordance with paragraph 4.

section 14 (a). Persons who have the right to vote under section 3 (1) (8). 3, admitted on request, see. However, paragraph 2, of the electoral roll in the municipality where they are registered with the population register. Persons who have the right to vote under section 3 (1) (8). 3, and which is registered in the Ministry of Foreign Affairs Protocol, be included on request, see. However, paragraph 2, of the electoral roll in the municipality where they have their private housing.

(2). Persons who have the right to vote under section 3 (1) (8). 3, be entered on the electoral roll matching rules as those applicable to persons who have the right to vote under section 3 (1) (8). 1, and who is enrolled in the registry office, where those 1) was entered on the electoral roll in Denmark for the last elections to the European Parliament, 2) since then have had uninterrupted permanent residence in Denmark or since then without interruption have been registered in the Foreign Ministry's Protocol and 3) has not requested to be removed from the electoral roll.

(3). Notification to the competent authority in the country of origin of the persons concerned shall be entered on the electoral roll in accordance with paragraphs 1 and 2.

(4). The Interior and the Minister of health shall lay down the detailed rules for inclusion on the electoral roll of persons who have the right to vote under section 3 (1) (8). 3, as well as on the giving of notice in accordance with paragraph 3. The Interior and the Minister of health shall lay down further rules on notification of moving to another municipality and urban migration abroad of persons who have the right to vote under section 3 (1) (8). 3, and which is registered in the Foreign Ministry's Protocol.

(5). Notifications under paragraph 3 may be granted on the basis of the information contained in the Central Person register (CPR).

§ 15. The Municipal Council sends out prior to the vote voting cards to the electorate, who are entered on the electoral roll and enrolled in the population register or registered in the Foreign Ministry's Protocol. The electoral map must contain information on the voter's name and address, number on electoral roll as well as about the voting, its location and the day and time for the vote.

(2). Interior and Health Minister discloses in accordance with the rules of the law on elections to the Folketing that the broadcast of the electoral map will take place, and the date and time for the vote.

Chapter 5 Elections boards, election officials and polling voters § 16. Pre-election electoral boards, election officials elected and appointed representatives voters according to the rules laid down in Chapter 5 of the law on elections to the Folketing. The election Board will be elected no later than 4 weeks before election day.

(2). No, set out as a candidate for election, can be selected as a member or delegate to an election Board.

§ 17. The election Board to provide ballots and lookup with indication of the established lists of candidates and electoral associations declared. The election Board also conducts the counting of votes in opstillingskredsen, in so far as it is provided in section 28, paragraph 2, respectively (3).

(2). With the changes imposed by paragraph 1, the provisions of the rules in Chapter 5 of the law on elections to the Folketing mutatis mutandis in elections to the European Parliament.

Chapter 6 lists section 18. The parties have the right to participate in elections to the European Parliament, can field candidates in the elections.

(2). The candidates shall be drawn up for election, shall be entered on the candidate lists.

§ 19. Candidate lists must be submitted for the Interior and Health Minister no later than 23:00. 12, four weeks before election day. A nomination can be submitted not earlier than six weeks before election day. Candidate lists must be submitted on a form approved by the Interior and the Minister for health.

(2). Each party may only submit one candidate list, and each candidate list cannot contain more than the names of 20 candidates.

(3). Candidate list must be signed or acceded to by individual candidates and include information about their full name, social security number, citizenship, occupation and residence. For candidates who are eligible for election, as have the right to vote under section 3 (1) (8). 3, and which is registered in the Ministry of Foreign Affairs Protocol, instead of personal number abandoned birth date. If a candidate doesn't want them listed on the ballot with his full name, it must be stated, how the name desired stated. The candidate's last name or middle name and at least one given name or initial, must always be stated. Only between the first and last names, as the candidate is entitled to fly after the personal names Act, or middle names, which is notified to the population register, can be entered on the ballot. Instead of the first name may be given a nickname, derived from the first name.

(4). The candidates shall be included on the candidate list in the order in which the party wishes to be listed on the ballot. Candidate list shall include a statement as to whether the candidates are listed in a specific order (party list), see. section 35, or whether they are side-set, see. § 34.

section 19 (a). If a nomination is listed a candidate who is a national of one of the other Member States of the European Union without also having Danish nationality, must at the same time with the candidate list submitted a formal declaration made on a form approved by the Minister of the Interior and, in which the candidate specifies 1) his or her nationality, and his place of residence (address) in Denmark that he is not at the same time, 2) prepares for elections to the European Parliament in one of the other Member States of the European Union, and 3) in which constituency or municipality he or she possibly was last entered on the electoral list for the European parliamentary elections in the country of origin.

(2). At the same time with the candidate list will be there for that candidate also submitted a certificate (certificate of eligibility) from the competent authority of the home Member State stating that the person concerned has not been deprived of his right to stand for election candidate to the European Parliament in the Member State of origin, or that the authority is not aware of such a revocation.

§ 20. No person may be a candidate for more than one candidate list. A candidate who has signed or acceded to several candidate lists, cannot be considered as a candidate for any of the candidates.

(2). A candidate cannot withdraw its commitment to act as a candidate back after candidate list is submitted to the Interior and the Minister for health.

(3). A submitted nomination may be revoked in the face of the Interior and the Minister of health no later than 23:00. 12, four weeks before election day.

§ 21. At the same time as the filing of candidate lists, the parties mutually review that the candidate lists, they have submitted, included electoral associations. The notification must be made on a form approved by the Interior and the Minister for health.

§ 22. Parties entitled to and wants to participate in elections to the European Parliament, at the latest at the same time as the filing of the candidate list, notify the Minister of the Interior and the authority within the party who are legitimised to exercise the party's powers in the depositing and withdrawal of candidate lists and review of electoral Confederation. The specified authority considered legitimate in the face of the Interior and Health Minister until the party delivers a new message.

§ 23. Interior and Health Minister inspects the timely submitted candidate lists satisfies the conditions laid down in §§ 19-19 a. the Interior and the Minister of health shall furthermore examine whether candidates can be approved, or whether any of the candidates should be deleted from the candidate lists, see. section 23 (a).

(2). A list of candidates does not meet the said conditions, or to one or more of the candidates removed from the candidate list, the Health Minister of the Interior and give notice to the authority within the party that he or she is referred to in section 22. No later than 24 hours after the message submission the party could make remediation of any deficiencies or submit a new list of candidates. Interior and Health Minister shall then decide whether the candidate list is valid, and about the candidates that may be approved, in accordance with article 3. However, paragraph 3.

(3). Lack of filing of certificate of eligibility, see. section 19 (a), paragraph 2, may not result in a candidate list for a declaration of invalidity, or to the candidate in question should be removed from the candidate list.

(4). Interior and Health Minister's decisions in accordance with paragraph 2 shall be notified to the authority within the party that he or she is referred to in section 22.

(5). Where, on a list of candidates listed a candidate who is a national of one of the other Member States of the European Union without also having Danish nationality, must notify the Minister of the Interior and the question of whether his or her establishment as a candidate is approved. The Interior and the Minister of health shall also give notice to the candidate's home country, where the candidate's arrangement for elections in Denmark is approved.

section 23 (a). A candidate who does not meet the eligibility conditions specified in § 6, paragraph 1, must be removed from the candidate list.

(2). A candidate who has signed or acceded to several candidate lists, see. Article 20, paragraph 1, must be removed from the candidate list.


§ 24. Interior and Health Minister announced in the Official Gazette, which lists approved, which letter designations assigned to them, as well as which of the candidate lists that have reached electoral associations.

(2). Interior and Health Minister sends to the electoral committees of the approved candidate lists whether the assigned letter designations, whether notified federations as well as the manner in which and the order in which candidates ' names must appear on the ballots.

(3). The Interior and the Minister of health shall lay down detailed rules concerning the voice notes provision, content and form.

Chapter 7 Vote on election day § 25. Vote on election day will take place according to the rules laid down in Chapter 7 of the law on elections to the Folketing with the aberrations resulting from that cannot be established the candidates outside the parties, see. However, paragraph 2.

(2). Interior and Health Minister may lay down rules to the effect that the voters who have the right to vote under section 3 (1) (8). 2, cannot vote in person meeting at the polling place on election day.

(3). A candidate must not be appointed as an election govern or choose to provide help to vote.

Chapter 8 is available for placing a section 26. In elections to the European Parliament may vote in accordance with the provisions of Chapter 8, letter of the law on elections to the Folketing, see. However, paragraphs 2 and 3.

(2). Here in the country can form of ballot polls on public registers take place the last 3 months before election day, but no later than next-to-last søgnedag before election day. On the Faroe Islands, Greenland, abroad, on Danish ships engaged on international voyages and on Danish offshore installation outside Danish territory can form of ballot polls take place the last 3 months before election day.

(3). Interior and Health Minister may lay down rules to the effect that the voters who have the right to vote under section 3 (1) (8). 2, may vote only at specified Danish diplomatic or consular representations.

(4). Form of ballot material consists of ballot, envelope, cover letter and the outer envelope. The Interior and the Minister of health determines the form of ballot material detailed content and form. The Interior and the Minister of health shall provide available material. Interior and Health Minister can decide to follow the letters and the outside envelopes, which are provided by the Municipal Council, equated with cover letters and envelopes provided by the Interior and the Minister for health.

(5). A candidate may not work as voting receiving help is available for voting.

(6). About the procedure for placing a form of ballot, as well as on the reception and control of postal votes applies the rules laid down in Chapter 8 of the law on elections to the Folketing.

Chapter 9 Vote Counting § 27. When the vote is completed, election officials shall ensure that the ballot papers that are not handed over, and the ballots that were returned by replacement, are counted and bound together in separate packages.

(2). If the vote count will not be carried out on the same day as the vote has taken place, see. section 28, provides election officials, moreover, that the ballots, which is killed in voting boxes, shall be taken and immediately packed together. There may not be any sorting or counting of the set-aside ballots. Packages must be sealed and kept by the local authority with due supervision until the vote count begins. The Municipal Council may decide that the cast ballots shall be kept in the used voting boxes until the vote count begins.

section 28. The Interior and the Minister of health shall determine, when counting of votes will take place. Vote counting is public. It enumerated how many votes in the vote is cast for each candidate list, and how many of these there are made for the individual candidates.

(2). If the counting of votes will take place on polling day, shall be carried out at the vote counting at individual polling stations, reporting on the outcome of the vote, the final statement of the result of the vote in opstillingskredsen (fintællingen), the signing of the electoral register and compacting of the voting material, moreover, in accordance with the rules set out in Chapter 9 of the law on elections to the Folketing with the exceptions arising from sections 29 and 30.

(3). Finds vote count does not place on polling day, responsible for conducting the Election Committee votes are counted for opstillingskredsen as a whole. Election Board determines where the counting of votes will take place. The Municipal Council shall ensure that the used electoral lists and voting cards and ballots and form of ballot material is present at the counting of votes.

(4). A candidate may not participate in the count of how many votes are cast for the nomination, he or she is assigned to. A candidate cannot participate in determining how the votes for that candidate list are divided into personal votes in favour of each candidate and list votes, see. section 30, paragraph 1.

(5). The Interior and the Minister of health shall lay down detailed rules on the implementation of the vote count.

section 29. A ballot cast on the voting site is invalid, if 1) it is blank, 2) voter's vote on the ballot is not marked with a cross, without prejudice. section 48 (1), (2). paragraph, of the law on elections to the Folketing, 3) it not with safety can be determined, the list of candidates the voter wanted to give his voice, 4) it must be assumed that the ballot is not handed over to the voting site, or 5) who is given the ballot a distinctive character.

(2). A form of ballot slip is invalid, if 1) it is blank, 2) it is not can be decided with certainty which of the candidates or which candidate the voter intended to give its vote list, 3) an envelope contains anything other or more than one ballot, 4) it must be assumed that the ballot is not provided by the Interior and the Minister for health, or 5) who is given the ballot a distinctive character.

(3). The Interior and the Minister of health may, in accordance with the presentation of the Folketing's Committee to lay down detailed rules concerning verification of credentials assessment of ballot papers, including the form of ballot papers.

section 30. Statement of the number of votes given for each candidate on the candidate list (personal votes), and how many votes there are, moreover, is given to the candidate list (list votes), is done in accordance with the following rules: 1) Has put a tick next to the name picker on a candidate or both next to the name of a candidate as out for the party name on the candidate list, the candidate belongs to shall be deemed the ballot as submitted for the candidate (personal voice). Similarly, if the switch on the form of ballot slip has listed the name of a candidate or both the name of a candidate as a party name or letter designation for the nomination, the candidate is set for.

2) Have selector ticked off the party name or next to the names of several candidates or placed cross-over the candidate list's field or otherwise made a tick in such a way that it is not apparent which of the candidate list candidates the voter wanted to give his vote, regarded the ballot as delivered to the candidate list (list vote). Similarly, if the switch on the form of ballot slip have indicated party name or letter designation of a candidate list or the names of several candidates on the same list of candidates.

(2). The statement referred to in paragraph 1 shall be carried out for each electoral district and for the whole opstillingskredsen.

(3). The result of the statement referred to in paragraph 1 for the whole opstillingskredsen introduced in book selection and communicated to those present. The result of the statement referred to in paragraph 1 in respect of each electoral district shall be attached to the options paper as annex.

(4). The Chairman of the election Board shall send a copy of the book with the annex, together with the election a ballot that has not been handed over to the Interior and the Minister for health. The copy must be certified by the Chairman. The copy of the election book shall be, insofar as possible, the Interior and Health Minister not later than the day after fintællingen. The Interior and the Minister of health determines the procedure of choice when submitting the book with annex and can including determine whether and in what form the election book with vouchers electronically must be submitted to the Interior and the Minister for health.

Chapter 10 the election statement section 31. When the Interior and the Minister for health has received the certified copy of the electoral books, made the total inventory of choice on that basis.

Monday the breakdown of candidate lists



section 32. For each list of candidates together are counted the votes given to stand as a candidate in all constituencies together. Has been notified, totaled federations also voting figures for the candidate lists, between which federations are concluded.

(2). The total number of votes for each electoral Association as well as the vote count for each list of candidates who have not signed the electoral Federation, be divided by 1, 2, 3, and so on, until there is made to such a large number of divisions as the number of mandates that are most likely to accrue to choice connected respectively candidate list. The federations or the candidate list, which has the largest of the resulting quotients, gets the first mandate. The second largest quotient gives the right to the second mandate and so forth, until all the seats are distributed. Are two or more quotients equal shall be carried out at the draw.

(3). The number of mandates that are squarely within an electoral Association, distributed among the lists of candidates, many of whom choice connected consists, in accordance with the procedure set out in paragraph 2.


(4). Is there a list of candidates had more seats than the number of candidates on the candidate list, is the property of the company or excess mandates the list, with which the exhausted list has signed electoral associations. Has the exhausted list not concluded federations with other lists, or discharged also the lists, with which the exhausted list has signed electoral Confederation, accrue to the mandates non-exhausted lists and electoral associations in the order in which they are according to the rules laid down in paragraphs 2 and 3 is almost eligible for additional mandates.

Candidate selection



section 33. On the basis of the enumeration of the candidates ' personal votes and the number of the list votes, see. section 30 (1) and (2) shall be determined, which of a candidate are listed contenders who have achieved election.

(2). For all constituencies together totaled the number of personal votes cast for each candidate, and list the number of votes cast for each candidate list.

§ 34. Are the candidates side-set, see. section 19 (4), is the property of the candidate list mandates the candidates in order of the size of their personal votes. In the event of a tie made the drawing of lots.

(2). For each list an inventory (delegate list) of the candidates who are not elected, listed in order of their personal votes.

section 35. Are the candidates listed in a specific order (party list), see. section 19, paragraph 4, shall be carried out at the statement by which candidates are selected, as follows: 1) Candidate list's total number of votes referred to in article 6. section 32 (1) 1. point, is divided by a number that is one greater than the number of mandates that are squarely within the candidate list. The figures thus obtained should be increased, whether it is a whole number, to the next whole number. This figure is then candidate list's ratio.

2) Candidates who have achieved a personal votes equal to or greater than the allocation number is selected.

3) Candidates who have achieved fewer votes than personal allocation number, are assigned in the order in which they appear on the candidate list, and list the votes so far, such a large number of rows list votes, to the sum of personal votes and list votes constitute the allocation number. Candidates, who in this way obtain a number of votes equal to the number of distribution, is selected.

4) Achieved it not to get obsessed with the mandates that are squarely within the candidate list, is the other candidates chosen in order of magnitude of the number of votes obtained (personal votes and list votes combined). Have two or more candidates obtained the same number of votes, is the or the candidates who stand first on the party list, selected.

(2). Candidates who are selected in accordance with paragraph 1, nr. 2 and 3, is chosen in party list order.

(3). For each list an inventory (delegate list) of the candidates who are not elected, listed in order of their total number of votes (personal votes and assigned list votes).

§ 36. Interior and Health Minister then sends to the Folketing: 1) Choice book copies.

2) Calculations by Monday ' distribution, see. section 32.

3) Statement of the candidates who have achieved selection, see. § § 34-35.

4) the lists of the candidates who are not elected, see. section 34 (2) and section 35 (3).

(2). If the election has been placed a candidate who is a national of one of the other Member States of the European Union without also having Danish nationality, the Interior and Health Minister send the Folketing the formal declaration and the certificate of eligibility the candidate referred to in § 19 a. certificate of eligibility If not submitted, the Interior and Health Minister provide Parliament thereof.

(3). If the Interior and the Minister for health has received notification that a candidate who stood for election in Denmark, also has been set for the elections in one of the other Member States of the European Union, Health Minister of the Interior and give notice to the Folketing.

Chapter 11 the parliamentary approval of the choice section 37. The Folketing determines conclusively whether the Interior and Health Minister's calculations and statements shall be approved, or about to be made new calculations and summaries. The Folketing may also impose on the Interior and the Minister of health to obtain voting material, etc. to the Folketing.

(2). The Danish Parliament can impose electoral committees to carry out a review and inventory of the material or any part thereof, that has been used in the election.

(3). There is doubt about the validity of the election of a member of the basic regulation. section 5, paragraph 2, or if a member eligibility, see. section 6, shall take a final decision thereon, the Folketing.

section 38. Any voter may complain about the European parliamentary elections. Complaints should be addressed to the Danish Parliament and sent to the Interior and the Minister for health. Complaints must be Interior and Health Minister not later than the day of the week after election day. Parliament shall take a final decision on complaints about the election.

§ 39. If the Folketing decides that the vote is invalid in whole or in part, determines the Folketing definitively the extent to which and the manner in which the elections must be held.

§ 40. The Danish Parliament shall inform the European Parliament about the election result with a view to its examination of the mandates provided for in accordance with the official rules.

§ 41. Raised in the term of the validity of the election of a member of the basic regulation. section 5, paragraph 2, or whether a member has lost its standing as a candidate, see. section 6, shall take a final decision thereon, the Folketing.

§ 42. The duties of a member of the European Parliament is incompatible with the duties of 1) member of the Government, 2) member of the Folketing 3) member of the European Commission, 4) judge, Advocate-General or Registrar of the Court of Justice of the European communities or the Court of first instance, 5) member of the European Central Bank's Executive Board, 6) member of the Court of Auditors of the European communities, 7) the official Ombudsman, 8) member of the economic and Social Committee of the European Community and the European Atomic Energy Community , 9) member of committees or bodies set up pursuant to the treaties establishing the European Community and the European Atomic Energy Community for the purpose of managing the communities ' funds or carrying out continuous direct management, 10) a member of the European Investment Bank's Board of directors or the Executive Board or employed in this and 11) official or other servant in active service in the institutions of the European communities or associated bodies or organizations or of the European Central bank.

(2). A member who, due to a post in accordance with paragraph 1 has withdrawn from the European Parliament, after the termination of the profession be listed on that delegate list in order of their number of votes.

section 43. A member's term of Office in the European Parliament vacant, arises, the candidate, who according to the respective delegate list, see. section 34, paragraph 2, and section 35, paragraph 3, is almost entitled. The rules in section 32, paragraph 4, article 37, paragraph 3, and § 40 shall apply mutatis mutandis.

Chapter 12 Various provisions of section 44. Choice books, books, electoral lists, voting electoral cards and ballot papers and election materials, as, moreover, the election Board or Municipal Council has received, stored, respectively, will be destroyed in accordance with the rules in section 104 of the Act on elections to the Folketing.

§ 45. The cost of elections to the European Parliament are held according to the rules laid down in article 105 of the law on elections to the Folketing.

§ 46. Unless a higher penalty is inflicted upon the rest of the law are punishable by fine or imprisonment up to 4 months, anyone who violates 1) article 25, paragraph 1, of the basic regulation. section 51 of the Act on elections to the Folketing, or 2) section 26, paragraph 1, of the basic regulation. section 59 (2) and section 62 of the Act on elections to the Folketing.

(2). In rules issued in accordance with the law, can be fixed penalty of fines for violation of the provisions in the rules.

(3). Civil criminal law § § 116 and 117 shall apply mutatis mutandis in elections to the European Parliament.

§ 47. The giving voice or sets up as a candidate both in Denmark and in one of the other Member States of the European Union, is punished with a fine, unless a higher penalty is inflicted upon the rest of the legislation.

section 47 (a). If a Danish citizen who has permanent residence in one of the other Member States of the European Union, in connection with any application for entry on the electoral roll for the European elections in the Member State of residence have submitted a declaration stating that he or she has not been deprived of the right to vote in Denmark, the Interior and Health Minister, if requested by the Member State of residence, confirm or deny such a declaration.

(2). Request for issuance of a certificate of eligibility for a Danish citizen who wishes to stand as a candidate for election in one of the other Member States of the European Union, must be submitted to the Interior and the Minister for health.

(3). For a Danish citizen who is under guardianship with the deprivation of legal capacity, in accordance with article 3. the Guardianship Act § 6, certificate of eligibility is issued.


(4). For a Danish citizen who is not under guardianship with the deprivation of legal capacity, in accordance with article 3. the Guardianship Act § 6, certificate of eligibility may be issued with the content, to the Interior and the Minister of health is not aware of, that the person has been deprived of his right to stand for election to the European Parliament in Denmark. If the Folketing have previously taken a decision that the person is not a candidate to the European Parliament, in accordance with article 3. section 6, paragraph 2, information thereon is applied to the certificate of eligibility.

section 48. The Minister may lay down rules to ensure that there not on or off the public road or space exercised choice agitation in a way that disturbs the public order. In the rules can be laid down to punishment by fine for violation of the provisions in the rules.

Chapter 13-entry into force and amendment provisions of § 49. The law shall enter into force on the 1. January 1989.

(2). At the same time repealed the Act on election of Danish representatives to the European Parliament (Assembly of the European communities), see. lovbekendtgørelse nr. 309 of 22. June 1983.

(3). The regulations issued under the law on the election of Danish representatives to the European Parliament (Assembly of the European communities), see. lovbekendtgørelse nr. 309 of 22. June 1983, as amended by Act No. 159 of 11. April 1984, shall remain in force until they are repealed or replaced by rules issued under this Act.

§ 50. (Omitted)

Act No. 222 of 8. April 2008, amending section 11, includes the following entry into force and transitional provisions etc.:

section 4 of the law shall enter into force on the 1. July 2008.

§ 5 paragraph 1. People who know the law's entry into force are appointed as members and delegates of the Electoral Board, continues so far as members of the Election Committee delegates respectively.

(2). Election Board finished hearing applications for entry on the electoral roll, and on the approval of forms for select statements for new parties, which is not settled by the Act's entry into force.

(3). Recordings on the electoral roll and approvals of forms for select statements, which are notified before the entry into force of the Act, for new parties wishing to participate in the European parliamentary election, or Folketing election retain their validity, and continues to be the subject of Party names register, see. section 13, paragraph 4, of the law on elections to the Folketing.

§ 6 paragraph 1. Proceedings for approval of forms for select statements for new parties, which do not concern the renewal of a previously granted type-approval, and which is not settled by the Act's entry into force, shall be dealt with according to the rules laid down in the law on elections to the Folketing as amended by section 1 of this law and the law on election of members to the European Parliament as amended by this Act, section 2, of the basic regulation. However, paragraph 2.

(2). section 12 (2), 5. paragraph, of the law on elections to the Folketing as amended by this Act, section 1, no. 1, and section 11 (2), 5. paragraph, of the law on the election of members to the European Parliament as amended by section 2 of this Act shall not apply, if the period during which the name of the new party cannot be approved, prior to the entry into force of the law will expire.

§ 7 paragraph 1. Election Board may, on application, renew the authorisations for forms to select statements for new parties, which have been granted without being renewed before the Act's entry into force. The extension is done for 1 years from the expiry of the previous approval. Election Board may, in accordance with the rules laid down in the law on elections to the Folketing as amended by section 1 of this law and the law on election of members to the European Parliament as amended by section 2 of this Act extend a permit that is extended after 1. point After the expiry of an extended approval after 1. or 3. Election Board on new item can announce approval of these forms under the said legislation.

(2). Election Board may, in accordance with the rules laid down in the law on elections to the Folketing as amended by section 1 of this law and the law on election of members to the European Parliament as amended by section 2 of this Act extend the approvals of forms for select statements for new parties, which have been granted and renewed before entry into force of the Act cf. However, paragraph 3. Election Board may, in accordance with the said legislation on new grant approval of the forms referred to in 1. point, and forms that are extended after 1. PT.

(3). Article 12, paragraph 3 3. and (4). paragraph, of the law on elections to the Folketing as amended by this Act, section 1, no. 1, and section 11, paragraph 3 3. and (4). paragraph, of the law on the election of members to the European Parliament as amended by this law § 2 shall not apply if the renewed approval expires before the Act's entry into force.

§ 8 Electoral Board may, in accordance with the rules laid down in the law on elections to the Folketing as amended by section 1 of this law and the law on election of members to the European Parliament as amended by this law § 2 revocation of authorisations for forms to select statements for new parties and any renewals of these granted prior to the entry into force of the Act.

Ministry of the Interior and health, the 8. February 2011 Bertel Haarder/nicoline Nyholm Miller

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