Ordinance To The Law On Election To The Parish Council

Original Language Title: Bekendtgørelse af lov om valg til menighedsråd

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Overview (table of contents)



Chapter 1



The election, to vote, to stand as a candidate





Chapter 2



Briefings and choice boards





Chapter 3



Electoral lists





Chapter 4



Candidate lists, etc.





Chapter 5



Vote and statement of election





Chapter 6



Form of ballot voting





Chapter 7



Election complaints





Chapter 8



Various provisions





Chapter 9



Date of entry into force provisions



The full text of the Ordinance to the law on election to the Parish Council

Hereby promulgated the law on election to the Parish Council, see. lovbekendtgørelse nr. 145 of 24. February 2012, with the changes imposed by § 2 of the law No. 347 of 3. April 2013.

Chapter 1 Choice, the right to vote, to stand as a candidate section 1. Members of the Parish Council are elected for 4 years from a kirkeårs start. The mandates, however, in no event shall lapse before new elections have taken place.

(2). Ordinary election takes place on 2 May. Tuesday in the month of november.

(3). Create new Parish Council during an election period, the election applies only for the rest of this.

§ 2. The right to vote has any member of the Church, who are aged 18 or over and have Danish citizenship or have had permanent residence in the Kingdom continuously for one year prior to election day.

(2). Valgmenigheds members do not have the right to vote to the Parish Council.

(3). The person under guardianship with the deprivation of legal capacity, in accordance with article 3. the Guardianship Act § 6, do not have the right to vote.

§ 3. A candidate is anyone who fulfils the conditions laid down in section 2 of the right to vote.

(2). Priests employed in the people's Church is not selectable.

(3). Church officials covered by article 1, paragraph 1, of the law on employers ' obligation to inform the employee about the terms of the employment relationship, are not eligible for election to the Parish Council in the menighedsråds district, where they have place of employment.

(4). The who at the final judgment or decision of the fine is punished for an act which in plain reputation makes the person unworthy of being a member of a Parish Council, is not a candidate. With penalty equivalent measures in accordance with the Penal Code §§ 68-70.

(5). A criminal offense may not result in a loss of eligibility, when there on election day has gone 3 years, after that penalty or measure is passed, repealed, after given or lapsed. Is the punishment in prison aged over 6 months, or there is sentenced to custody, however, the deadline is 5 years. By conditional sentences and fines be counted the time limit from the date of the final judgment or the amount of the fine is adopted.

(6). Establishment as a candidate for the election, however, can always be done regardless of the opposition of ineligibility due to penalty.

(7). Does a member of the newly elected Parish Council argued that a candidate because of penalty is not selectable, determines the ward Council eligibility question.

(8). Object to a selected candidate to stand as a candidate because of the penalty shall be made on the ward Council inaugural meeting, in accordance with article 3. law on the Parish Council section 6.

(9). Object to a delegate's standing as a candidate because of the penalty must be made at the first meeting of the Parish Council, which the delegate is called.

Paragraph 10. Become a member of the ward Council punished, determines the ward Council, about the Member as a result has lost its standing as a candidate.

Paragraph 11. Ward Council decisions referred to in paragraphs 7 and 10 may be brought before the Bishop, whose decision can be referred to the Minister for gender equality and the Church.

Paragraph 12. Appeal of a decision pursuant to paragraphs 7 and 10 have suspensive effect. Anke cannot take place later than 14 days after the decision is communicated to the complainant.

section 3 (a). A selected member of the Parish Council, which has brought in as opposed to the people's Church by actively settled, persistent and publicly to propagate views which are in blatant contradiction with the public teaching of the Church, is losing its standing as a candidate.

(2). The Diocesan øvrigheden decides to stand as a candidate in accordance with paragraph 1. Diocesan decision cannot be challenged before the second øvrighedens administrative authority.

(3). Loss of eligibility in accordance with paragraph 1 shall apply to the rest of the parliamentary term.

§ 4. No one can exercise the right to vote without being recorded on an electoral list, see. Chapter 3.

(2). Those who are entered on the electoral roll, but no longer resides in the menighedsråds circle or is not a member of the Church of Denmark, does not have the right to vote.

§ 5. A sognebånds addresses the need in the context of sognebånds the solution to choose whether he or she will exercise the right to vote in the menighedsråds district in which sognebånds resolver live, or in a menighedsråds circle, where the sognebånds solves the priest are employed. Sognebånds resolver is only selectable in the menighedsråds constituency, where the right to vote is exercised.

(2). If the election law is desired in a menighedsråds circle, where the pastor is employed, must solve the sognebånds in conjunction with sognebånds solution is given accordingly. If sognebånds resolves the priest is employed by multiple menighedsråds circuits, sognebånds resolver must also inform you in which of these menighedsråds circles the right to vote is desired. If notice is not given, exercising his right to vote in the place of residence of the parish sognebånds resolver.

(3). The choices made are binding, as long as the solution is sognebånds. The Minister for gender equality and the Church lays down the detailed rules for sognebånds løseres entry on the electoral roll.

(4). Similar rules apply for 1) persons under other provisions is referred to a particular congregation, and 2) persons moving from one circuit to another menighedsråds in the same parish.

(5). Priests have only the right to vote in the menighedsråds district in which they are employed. Priests who are employed in several menighedsråds circles, can choose, in which constituency they wish to exercise their right to vote.

(6). A member of the Church, who resides in a pastorat with several parishes can choose, in which menighedsråds, in pastoratet Member will exercise the right to vote in the ward Council. The Member is only selectable in the menighedsråds constituency, where the right to vote is exercised.

(7). When creating new multi sogns pastorater, moving to multiple sogns pastorater or changes in multiple sogns pastorater should the decision to exercise the right to vote in another Parish than country of residence the parish communicated to the parish priest at the latest 4 weeks after creation by, move to or change in pastoratet.

(8). The Minister for gender equality and the Church lays down the detailed rules concerning these persons entry on the electoral roll.

Chapter 2 briefings and election boards § 5 a. Ward Council is holding a public meeting at the latest 8 weeks before election day. At the meeting explained the work of the Council for ward in the past period and for upcoming tasks. In addition, reviewed the rules for the preparation of candidates.

§ 6. The elections shall be prepared and conducted in each constituency by a selection board, consisting of 3 members chosen in accordance with the ratio of and among Ward Council members. Share a menighedsråds circle, select the existing Parish Council elections Board for the newly created constituency among the choice of eligible residents. Election of Directors shall be elected at the ward Council inaugural meeting.

(2). The ward Council selects Election Committee President among its members.

(3). Election Committee's decisions can be brought before the Bishop, see. section 30.

(4). If there are fewer than 3 members of the ward Council, elected Election Committee's lack of number of members of the Committee elected members of the Committee among deanery deanery.

Chapter 3 electoral lists section 7. Prior to each election prepares election board a choice list of voters in menighedsråds circle. Several parishes have joint Parish Council, drawn up separate electoral roll for each of those parishes.

(2). Choice list are not compiled, if the vote falls under section 16.

§ 8. Voters appear on the electoral roll in the menighedsråds constituency or the parish where they have permanent residence.

(2). On the electoral roll shall be included voters who last 11. -the day before the election is moved to the menighedsråds circle, and as the latest on this day have reported this to the municipality's civil registry.

(3). Voters who last 11. -the day before the election is moved from one residence to another within the same circle, and as the last menighedsråds this day has notified this to the municipality's civil registry, must be entered on the electoral roll during the new residence.

(4). Voters who later than 11. -the day before the election day has been moved from one residence to another within the same menighedsråds circle, or as later than this day declared by the move to the municipality's civil registry, must remain entered on the electoral roll during the previous place of residence.

(5). Electoral lists shall be drawn up on the basis of the information contained in the Central Person register (CPR).

(6). The Minister for gender equality and the Church lays down detailed rules on the compilation of the electoral lists, as well as their decor, including on the preparation of electronic rectified picklist and electronic checking electoral roll.

§ 9. When the electoral roll is drawn up shall be circulated at the Election Committee's measure voting cards to the electorate, which is listed on the electoral register. Electoral map shall indicate the name and address, number of voters on the electoral roll, and an indication of reconciliation, its location and the date and time for the vote.

(2). The Minister for gender equality and the Church sets rules for when voting cards to be broadcast.
§ 10. No later than 10 days before the elections announces the election Board in the local dailies or local newspapers, that there will be issued voting cards to the electorate. The notice must include a call to people who consider themselves eligible to vote, but who do not receive voting cards, as well as individuals who mistakenly receive voting cards or voting cards with faulting content, to make an objection to the Election Committee.

§ 11. The election Board will process objections under section 10 as soon as possible. If the opposition is admissible, be made in the electoral roll, and rettelse emitted if necessary, new voting cards. Fixes in the selection list can be made up to and including election day.

Chapter 4 lists of candidates, etc.

§ 12. The vote is done according to the lists of candidates, on which specific individuals are put into draft choice.

(2). Election Board appoints two persons authorised to receive candidate lists. At least one of the designated persons must reside in the menighedsråds circle. Submission of lists can be done at the earliest. 19 seven weeks before election day and no later than 12 noon. 19 six weeks before election day. Candidate lists must be submitted on a form approved by the Minister for gender equality and the Church.

(3). Candidate lists must contain information about the candidates ' name, residence and personal identification number. A candidate list may contain fewer names than the number of members to be elected. A candidate list may contain twice as many names as the number of members to be elected. No name shall be entered on a list of candidates without his or her consent, shall be provided in writing to the Election Committee. No one can be drawn up on more than one list. Election Board may not delete any of your list because he or she is punished.

(4). Candidate lists must be signed by a minimum of 5 and a maximum of 15 voters as manufacturers. No one can be asking for more than one candidate list or for a list, in which the question itself is built. Notification of the candidate list must contain information about each style's name, residence and personal identification number and about who can make representations to the Board relating to the choice list.

(5). The submitting candidate list, has the right to a copy of the list brought to get acknowledgement of the receipt of eligible person, see. (2) that the list has been submitted, and when this has happened.

§ 13. Election Board gives no later than five weeks before election day notice of any deficiencies in the list. These defects can then be remedied until 2 am. 19 four weeks before election day.

§ 14. Lists of candidates may be notified that would support each other (list). Notification to that effect shall be made in writing no later than 23:00. 19 four weeks before election day and be acceded to by the signature of each of the candidates appearing on the lists of candidates, from which list Confederation concluded. The notification must also be acceded to by the signature of the same manufacturers who have signed the relevant candidate lists. Makers and candidates can, however, give written authorisation for one or more producers to notify list Association. The power of attorney shall be attached to the notification.

§ 15. Candidate lists, as well as information on pending list Confederation promulgated by the election Board not later than three weeks before election day.

§ 16. In the absence of kl. 19 four weeks before election day, only one valid nomination cancels Election Board vote, and provides authors access to no later than 1 week before election day to mail a special list of people you want as substitutes. In this case, the delegates shall be reported to the personal.

§ 17. The election Board shall prepare ballot papers on the basis of the submitted candidate lists.

§ 18. The Minister for gender equality and the Church lays down detailed rules on candidate lists and voice banknotes preparation and decoration.

Chapter 5 Vote and statement of elections section 19. The right to vote is exercised by personally meeting at the polling station, see. However, Chapter 6 on the form of ballot. The vote is written and secret.

(2). There may be voting either on a list as such or on one of the persons listed.

§ 20. The election is calculated as a proportional representation.

(2). The candidates that are not declared to be elected shall be regarded as substitutes for the chosen on the same list. The order among delegates are determined by side-establishment of the number of personal votes and by priority ordering, which is the sum of personal votes and any remaining list votes. A tie is decided by order of collateral arrangement by lot and by priority the establishment at the location in the list.

§ 21. Several parishes have joint Parish Council, carried out independently and with special elections candidate lists for each of the parishes under the direction of the Joint Electoral Management Board. The inventory of the elections shall be carried out in each parish for itself.

§ 22. A short report on the election introduced in Ward Council decision-making Protocol and signed by the election Board. A transcript of the resolution protocol is sent as soon as the Election Committee's Chairman to the Bishop.

(2). The election Board shall inform the candidates of the election outcome and provides selected information on the member number that he or she is elected.

(3). All election material, including invalid, exchanged and not returned ballots, shall be returned by the Election Committee for the ward Council in a wrapper, which is sealed and bearing the inscription on the content. Immediately after the appeal deadline expires, or when a final decision of the complaint about the election is available, deliver the ward Council electoral lists and voting cards to the registry office and destroy the remaining part of the material.

§ 23. Leads the ordinary election not to the formation of a Parish Council, printed for new elections. The elections did not lead to the election of any members, lose the Congregation his recommendation at the vicar's choice. The Bishop decides which other Councils to carry out ward Council functions in the election period.

(2). Leads the ordinary election not to the formation of a full Parish Council, decides the Bishop on 1) Ward Council must be formed by the elected members and the priest or priests, or 2) to print fill-in choices.

(3). Lead new elections or fill choice not to the formation of a full Parish Council, decides the Bishop on 1) Ward Council must be formed by the elected members and the priest or priests, or 2) Ward Council functions should be undertaken by another Parish Council in the election period.

(4). If Ward Council functions assigned to another Parish Council in accordance with paragraph 3, no. 2, joins the elected members and the priest or priests that Parish Council as members of this legislature.

(5). Leads two consecutive ordinary election not to the formation of a full Parish Council, sets the Bishop to the Minister for gender equality and the Church, whether menighedsråds the circle must be connected together with another menighedsråds circle.

§ 24. The Minister for gender equality and the Church lays down detailed rules for making and inventory, including on election reporting on the candidates and about the election result.

Chapter 6 is available for placing a section 25. Voters who are unable to appear on the voting site during the time the vote takes place, may issue an absentee ballot in accordance with the provisions of § § 26-29.

section 26. Voters who reside in this country, may vote at any public directory.

(2). Voters who are admitted to or included in the following institutions, accommodation facilities, etc., may vote in the institution, boformen, etc.: 1) hospitals.

2) nursing homes and sheltered dwellings that are operated according to the rules laid down in the law on social service.

3) accommodation facilities for adults obtained according to the rules laid down in the law on social services for long-term or temporary stay for persons who, because of significant reduced physical or mental functional ability have special needs and accommodation facilities for adults, which is run after those covered by the test provisions, as well as places of residence outside of the person's residence, where the municipality according to the rules laid down in the said law allows the offer of personal assistance , care and care, etc. to persons who due to temporary or permanently impaired physical or mental functional ability has need of them. The Municipal Council may, however, after agreement with the ward Council Election Board decide that the form of ballot voting in the accommodation facilities mentioned in 1. paragraph, instead must be done according to the rules laid down in article 27 on the form of ballot voting at home. The Municipal Council may also, by agreement with the ward Council Election Board may decide that there is no form of ballot voting must be carried out in connection with the offers referred to in 1. PT.

4) General senior housing covered by the law on social housing and supported private cooperative housing, etc., and older homes that are covered by the law on housing for the elderly and persons with disabilities. The Municipal Council may, however, after agreement with the ward Council Election Board decide that the form of ballot polls in senior housing in place must be done according to the rules laid down in article 27 on the form of ballot voting at home.

(3). Vote in accordance with paragraph 2 arranged by the local civil registry in accordance with the rules laid down by the Minister for gender equality and the Church.

(4). Voters who are inserted in one of the Prison institutions or arrest houses, can deliver an absentee ballot in accordance with the rules laid down by the Minister for gender equality and the Church.

(5). Voters residing on remote islands, which do not constitute a separate electoral district, may issue an absentee ballot at an election eligible person designated by the ward Council.

(6). Seamen on board Danish ships engaged on international voyages and persons employed at Danish offshore installation can also vote on part ship or offshore installation.
(7). The Minister for gender equality and the Church lays down the detailed rules for voting in accordance with paragraphs 1 to 6.

§ 27. Voters who reside here in the country and which, by reason of illness or lack of mobility will not be able to appear at the polling place on election day, may issue an absentee ballot at home, unless they have the opportunity to vote in one of the institutions, accommodation facilities, etc., referred to in section 26 (2). Detailed rules shall be laid down by the Minister for gender equality and the Church.

section 28. Voters who shall deliver absentee ballot under section 26 or section 27, can vote in the last 3 weeks before election day, but no later than 3. last working day before election day.

section 29. Material for submission of absentee ballot shall be provided by the Ministry of gender equality and the Church for the account and shall be supplied by public registers.

Chapter 7 Election complaints section 30. Complaints about the election must be made in writing to the Bishop within the week after the election. The Bishop's decision may, within 1 month after the decision is communicated to the complainant, be referred to the Minister for gender equality and the Church by the election Board and the complainant.

section 31. If the election is declared invalid, should be held as soon as possible the elections. By re-runs only people who were listed on the electoral roll and was voters on election day, vote. At present when the provision in section 33 shall apply.

(2). If a member selections, joins the delegate in his or her place. The occupation of the square can not be done, or can the mandate not be transferred to a candidate list, as the list has reviewed the list with, must be held as soon as possible fill-in choices.

Chapter 8 miscellaneous provisions section 32. The election Board shall cause that the rules for the drafting and submission of list of candidates published by all regular church services in menighedsråds circle the first two Sundays in september as well as in the local dailies or local newspapers.

section 33. At the extraordinary election to the Parish Council shall fix the time of the election the Bishop making and Ordinance as well as the deadlines for the submission of complaints and reporting on the elections.

§ 34. The Municipal Council must, at the request of the selection board to assist this in connection with the election.

Chapter 9 entry-into-force provisions of section 35. The law shall apply for the first time by the ordinary election to the Parish Council in november 1984.

§ 36. Of the Parish Council, see. lovbekendtgørelse nr. 136 of 15. April 1980, are hereby repealed with effect from the date referred to in article 35, the following provisions: section 3, section 4, paragraphs 1-3, paragraph 4, 1st paragraph, paragraphs 5-6, paragraph 7, 1., 2. and 4. paragraph and paragraph 8, sections 6-10, section 14, paragraph 1, last paragraph, and paragraph 4, section 17 and sections 44 to 48.

section 37. The law does not apply to the Faroe Islands and Greenland. The law may by Royal. device put in force on the Faroe Islands with the derogations which the special Faroese conditions warrant.

Act No. 135 of 14. February 20121) includes the following entry-into-force provisions, etc.:

§ 3 paragraph 1. The law shall enter into force on the 1. March 2012.

(2). § 1, nr. 3, on the election complaints have effect from menighedsråds elections in 2012.

section 4 of the Act does not apply to the Faroe Islands and Greenland.

Act No. 347 of 3. April 20132) includes the following entry-into-force provisions, etc.:

§ 5 paragraph 1. The law shall enter into force on the 1. July 2013.

(2). Members of the Church, which at the entry into force of the Act resides in a pastorat with several parishes, shall before 1 January 2002. January 2014 announce in the menighedsråds constituency in pastoratet they exercise the right to vote to the ward Council. The notification must be made in writing to the pastoratets parish priest.

section 6 of the Act shall not apply to the Faroe Islands and Greenland.

The Ministry of gender equality and the Church, the 24. June 2013 Manu Sareen/Christina Hyldgaard Jacobsen Official notes 1) Amending section 1 relating to article 12, paragraph 3 3. section, § 16 and § 30, 2. PT.

2 section 2 of the Act relates to Amendments to section) 5, paragraphs 6-8.

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