Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Electoral constituencies are delimited in the electoral law.
One constituency consists of one or more administrative units.
Source: The Belgian Constitution, Article 63 (4)
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Electoral Code: Art 87
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
g . Other
Comments: No criteria are provided by law. However, the Constitution specifies that seats are distributed according to the population of each electoral constituency.
Source: The Belgian Constitution, Article 63
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Verified: 2019/04/25
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber) b . Legislature (2nd chamber)
Comments: The Parliament (Chamber 1) and the Senate (Chamber 2)
Source: The Belgian Constitution, Article 63
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Verified: 2019/04/25
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
g . Inherited monarchy
Comments: The King or the Queen's constitutional powers are hereditary. In case of lack of descendant to the King/Queen, he/she may name his/her successor, with the approval of the Houses. In the absence of a nomination, the throne shall be vacant.
Source: The Belgian Constitution, Article 85
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
The Belgian Constitution, Article 86
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Verified: 2019/04/25
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: The Chamber of Representatives, by an absolute majority, proposes to the Monarch the nomination of a Prime Minister. The Monarch appoints the proposed Prime Minister.
Source: The Belgian Constitution, Article 46
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
The Belgian Constitution, Article 96
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Verified: 2019/04/25
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments: Article 85
The constitutional powers of the King are hereditary through the direct, natural and
legitimate descent from H.M. Leopold, George, Christian, Frederick of Saxe-Coburg, by
order of primogeniture.
The descendant mentioned in the first paragraph who marries without the King’s
consent or, in his absence, without the consent of those exercising the King’s powers
in cases provided for by the Constitution shall be deprived of his right to the crown.
Nonetheless, this right may be restored by the King or, in his absence, by those
exercising the powers of the King in cases provided for by the Constitution, but only
with the assent of both Houses.
Article 96
The King appoints and dismisses his ministers.
The Federal Government offers its resignation to the King if the House of Representatives, by an absolute majority of its members, adopts a motion of no-confidence proposing a successor to the prime minister for appointment by the King or proposes
a successor to the prime minister for appointment by the King within three days of the
rejection of a motion of confidence. The King appoints the proposed successor as prime
minister, who takes office when the new Federal Government is sworn in.
Source: The Belgian Constitution, Article 85
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
The Belgian Constitution, Article 96
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Verified: 2019/04/25
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: b) The Parliament (Chamber 1) and the Senate (Chamber 2)
Source: The Belgian Constitution, Article 42
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Verified: 2019/04/25
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: Seats are allocated on three different levels: candidates, lists and group lists.
Source: The Belgian Constitution, Article 62
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
The Belgian Constitution, Article 63
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Electoral Code, Art. 165 bis, 169, 170, 171
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments: Article 62
The composition of the electoral colleges is regulated by the law.
Elections take place in accordance with the system of proportional representation that the law determines.
Voting is obligatory and secret. It takes place in the municipality, except in the cases determined by the law.
Article 63
§ 1. The House of Representatives is composed of one hundred and fifty members.
§ 2. The number of seats in each electoral district corresponds to the result of dividing the number of inhabitants of the electoral district by the federal divisor, which is obtained by dividing the number of the population of the Kingdom by one hundred and fifty.
The remaining seats are assigned to the electoral districts with the greatest surplus of population not yet represented.
§ 3. The distribution of the members of the House of Representatives among the electoral districts is determined by the King in proportion to the population. The number of inhabitants in each electoral district is established every ten years
by a census or by any other means defined by the law. The King publishes the results within six months.
Within three months of this publication, the King determines the number of seats to be assigned to each electoral district.
The new distribution is applied as of the following general election.
§ 4. The law determines the electoral districts; it also determines the conditions
required to be an elector as well as the way in which elections are conducted. However, the law determines special rules with a view to protecting the legitimate interests of French and Dutch-speaking people in the former province of Brabant. The provisions which establish these special rules may only be amended by a law passed by a majority as described in Article 4, last paragraph.
Article 67
§ 1. The Senate is composed of sixty senators, of whom :
1° twenty-nine senators appointed by the Flemish Parliament from among its members or from among the members of the Dutch linguistic group of the Parliament of the Brussels-Capital Region ;
2° ten senators appointed from among its members by the Parliament of the French Community ;
3° eight senators appointed from among its members by the Parliament of the Walloon Region ;
4° two senators appointed from among its members by the French linguistic group of the Parliament of the Brussels-Capital Region;
5° one senator appointed from among its members by the Parliament of the German-speaking Community ;
6° six senators appointed by the senators referred to in 1° ;
7° four senators appointed by the senators referred to in 2° to 4°.
§ 2. At least one of the senators referred to in § 1, 1° is to be legally resident in the
bilingual region of Brussels-Capital on the day of his election.
Three of the senators referred to in § 1, 2° are member of the French linguistic
group of the Parliament of the Brussels-Capital Region. As a departure from § 1, 2°,
one of these three senators must not be a member of the Parliament of the French Community.
§ 3. The Senate is composed of no more than two-thirds of senators of the same gender.
§ 4. When a list mentioned in Article 68, § 2 is not represented by senators respectively referred to in § 1, 1° or in § 1, 2°, 3° or 4°, the senators referred to in § 1, 6° or in § 1, 7° may be appointed by the Members of the House of Representatives who have been elected on the aforesaid list.
Source: Constitution, Art. 62, 63, 67, 68;
Electoral Code
Verified: 2017/06/30
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments: Separate laws for elections at different levels.
Source: Electoral Code
Verified: 2017/06/30
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
c . Voting is compulsory and regulated in the constitution
Comments: Unjustified abstention is punishable, penalties ranging from a fine to removal from the electoral register.
Source: Constitution, Art. 62, 68 (2)
Verified: 2017/06/30
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
d . Other
Comments: d) The Parliament is competent for electoral disputes concerning the election of MPs, and the Senate is competent for electoral disputes concerning the election of Senators.
Source: Electoral Code, Art. 231, 232
Verified: 2017/06/30
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
f . Not applicable
Comments: The EMB is located at the home office of the government. It only provides guidelines and administrative support, but is not responsible for the elections, which are organised locally.
Source: Official Website of the Ministry of Interior, Directorate for Elections
http://www.ibz.rrn.fgov.be/index.php?id=33&L=0 (2012)
Verified: 2019/04/25
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department
Comments: The Directorate for Elections is a department of the Ministry of Interior.
Source: Official Website of the Ministry of Interior, Directorate for Elections:
http://www.ibz.rrn.fgov.be/index.php?id=33&L=0 (2012)
Verified: 2019/04/25
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature e . Another organ within the national government
Comments: Article 74
State budgets and accounts, without prejudice to Article 174, first paragraph, second sentence;
Article 174
Each year, the House of Representatives passes the law that settles the final accounts and approves the budget. However, the House of Representatives and the Senate fix, each for itself, their operating allowances annually.
All State receipts and expenditure must be included in the budget and in the accounts.
Source: Constitution, Art. 74 (3), 174,
Official Website of the Ministry of Interior, Directorate for Elections:
http://www.ibz.rrn.fgov.be/index.php?id=33&L=0 (2012)
Verified: 2019/04/25
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
c . For an unspecified period
Comments: c) Civil servants of the Ministry of Interior
Source: Official Website of the Ministry of Interior, Directorate for Elections:
http://www.ibz.rrn.fgov.be/index.php?id=33&L=0 (2012)
Verified: 2019/04/25
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
a . Governmental
Comments:
Source: Official Website of the Ministry of Interior, Directorate for Elections:
http://www.ibz.rrn.fgov.be/index.php?id=33&L=0 (2012)
Verified: 2019/04/25
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
d . Other
Comments: Civil servants of the Ministry of Interior
Source: Official Website of the Ministry of Interior, Directorate for Elections:
http://www.ibz.rrn.fgov.be/index.php?id=33&L=0 (2012)
Verified: 2019/04/25
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
d . Not Applicable
Comments: The members of the Directorate for Elections are civil servant of the Ministry of Interior.
Source: Official Website of the Ministry of Interior, Directorate for Elections:
http://www.ibz.rrn.fgov.be/index.php?id=33&L=0 (2012)
Verified: 2019/04/25
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
j . Not Applicable
Comments: The members of the Directorate for Elections are civil servant of the Ministry of Interior.
Source: Official Website of the Ministry of Interior, Directorate for Elections:
http://www.ibz.rrn.fgov.be/index.php?id=33&L=0 (2012)
Verified: 2019/04/25
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body d . National Government e . Regional Governments f . Local Governments h . Political parties/ candidates i . Media
Comments:
Source: Official Website of the Ministry for Local Government and Regional Development: http://www.regjeringen.no/en/dep/krd/information-campaigns/election_portal.html?id=456491 (2012)
Verified: 2019/04/25
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments:
Source: Official Website of the Ministry for Local Government and Regional Development: http://www.regjeringen.no/en/dep/krd/information-campaigns/election_portal.html?id=456491 (2012)
Verified: 2019/04/25
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
a . No
Comments:
Source: Official Website of the Ministry for Local Government and Regional Development: http://www.regjeringen.no/en/dep/krd/information-campaigns/election_portal.html?id=456491 (2012)
Verified: 2019/04/25
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Article 61
The members of the House of Representatives are elected directly by citizens who are at least eighteen years of age and who do not fall within the categories of exclusion stipulated by the law.
Each elector has the right to only one vote.
Article 1.
§ 1. In order to be eligible to vote one needs to fulfill the following conditions:
1° be a Belgian citizen
2° is at least 18 years of age;
3° be enlisted in the population register in a Belgian municipality or a population register in a
diplomatic post or consulate
4° not be in one of the situations or cases of exclusion mentioned in the present Code.
§ 2. The conditions mentioned in § 1st, 2° and 4°, shall be met on the day of the
elections. The conditions listed in § 1, 1° and 3°, shall be fulfilled on the date of the closure of the
voters’ list
§ 3. Voters who fail to satisfy the conditions mentioned in § 1, 1° or 3° between the
date or closure or the voters’ register and the day or the elections shall be deleted from the voters’
register.
Voters who are arrested or convicted after the voters’ list has been established, shall be either
excluded or suspended from the right to vote and shall be deleted from the voters’ register on the day
of the elections.
Source: The Belgian Constitution, Article 61
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Electoral Code of Belgium, Article 1
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: a) Belgian citizenship
e) Registration in the population registry of a Belgian community
Source: The Belgian Constitution, Article 61
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Electoral Code of Belgium, Article 1
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments: Article 10.
§ 1. In the case described in article 105, the Council of the burgomasters and lay
judged closes the list of voters 24 days before the Election Day.
In the case mentioned in article 106, the list of voters is closed on the date of the royal decree
that fixes the date of the elections. The voters are nevertheless invited to vote on the basis of the list
which has been drafted for the regular meeting of the electoral committees if the dissolution of the
Chamber of Representatives takes place after the 24th day preceding the date of the regular meeting
of the electoral committees meaning an election has to be organized before the scheduled date.
§ 2. The voters’ list contains the name, first names, birthdate, gender, main place or
residence and the identification number from the national register or individual residents as it is
stipulated in article 2, sentence 2 of the law from 8 August 1983. The register uses a continuous
numbering and is organized by municipality or if not available, by section of a municipality either by
alphabetic order of the voters or by geographic order of the streets.
§ 3. If the elections for the Chamber of Representatives take place on the same day
as the elections to the European Parliament, the list of the Belgian voters enlisted in the population
register or a Belgian municipality for the elections to the European Parliament equally serves as the
list of voters for the election to the Chamber of Representatives.
Source: Electoral Code of Belgium, Article 10
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Article 10
§ 1. In the case described in article 105, the Council of the burgomasters and lay
judged closes the list of voters 24 days before the Election Day.
In the case mentioned in article 106, the list of voters is closed on the date of the royal decree
that fixes the date of the elections. The voters are nevertheless invited to vote on the basis of the list
which has been drafted for the regular meeting of the electoral committees if the dissolution of the
Chamber of Representatives takes place after the 24th day preceding the date of the regular meeting
of the electoral committees meaning an election has to be organized before the scheduled date.
§ 2. The voters’ list contains the name, first names, birthdate, gender, main place or
residence and the identification number from the national register or individual residents as it is
stipulated in article 2, sentence 2 of the law from 8 August 1983. The register uses a continuous
numbering and is organized by municipality or if not available, by section of a municipality either by
alphabetic order of the voters or by geographic order of the streets.
§ 3. If the elections for the Chamber of Representatives take place on the same day
as the elections to the European Parliament, the list of the Belgian voters enlisted in the population
register or a Belgian municipality for the elections to the European Parliament equally serves as the
list of voters for the election to the Chamber of Representatives.
Article 16
On the date of closure of the voters’ list, the Council of burgomasters and lay judges
informs the citizen by publishing a bulletin in the usual form, inviting them to verify until the 12th
day before the Election Day the voters’ list during the opening hours of the municipal administration
to check if they themselves or any other person is listed or listed correctly. This bulletin explains the
procedure of complaints and appeals as stipulated in articles 18 and following.
Source: Electoral Code of Belgium, Article 10
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Electoral Code of Belgium, Article 16
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement)
Comments: Signatures of 3 former members of the Parliament or signatures of a number of voters which varies according to the population of the constituency:
- less than 500,000 inhabitants = 200 signatures
- 500,000 to 1,000,000 inhabitants = 400 signatures
- more than 1,000,000 inhabitants = 500 signatures
Source: The Belgian Electoral Code, Art. 116
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence j . Other
Comments: Article 64
To be eligible, one must:
1° be Belgian;
2° enjoy civil and political rights;
3° have reached the age of eighteen;
4° be resident in Belgium.
No other condition of eligibility can be required.
Source: The Belgian Constitution, Article 64
http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf
Verified: 2019/04/25
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1) d . In legislative elections (Chamber 2)
Comments: Art. 116. § 1. For the election to the Chamber of Representatives the presentation shall be
signed either by 500 voters at least if the population of the electoral constituency at the last census
was superior to one million inhabitants, by 400 voters at least if the population added up to between
500.000 and one million inhabitants and by 200 voters at least in all the other situations, or at least by
three resigning members.
Source: The Belgian Electoral Code, Article 116
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: b) Political parties represented in Parliament receive direct funding
Article 116 (6)
§ 6. In the document of acceptance of their candidature, the incumbent candidates and the
substitute candidates commit to:
1° respect the legal dispositions on the limitation and control of the electoral expenditure
2° to hand in against a receipt within 45 days after the election day, the declarations of their electoral expenditure and the origin of the used funds to the chairman of the central electoral committee of the constituency;
3° To keep all the bills and receipts of the electoral expenditure and the origins of the used funds
for two years after the election day.
If their declaration on the origins of the funds includes donations, they have to record the identity of the natural persons having made a donation of 125 euros or more to finance the electoral expenditure. They guarantee the confidentiality of that identity and communicate it within 45 days after the elections to the Control Commission that is taking care of this obligation accordingly to article 16.
The document of acceptance of their candidature, the declarations on the electoral expenditure and the origins of the funds and the receipt are written on forms designated for this purpose, defined by the Interior Minister and published in useful time in the « Moniteur belge » (Belgian gazette). The forms containing the declaration of the electoral expenditure and the origins of funds as well as the application form mention end in sentence 2 are provided no later than on the delivery of the official document of acceptance.
These forms are signed, dated and handed over to the applicant against receipt.
After the consultation of a decree in the Council of Ministers, the King determines the modalities of the deposit of the declarations on the election expenditures and the origin of the used funds as well as on their inventory and their safekeeping.
Source: The Belgian Electoral Code, Article 116 (6)
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Law of 4 July 1989 on the limitation and control of election expenses for the election of the Federal Assembly, and the funding and open accounting of political parties
Verified: 2019/04/25
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments:
Source: Law of 4 July 1989 on the limitation and control of election expenses for the election of the Federal Assembly, and the funding and open accounting of political parties, Art. 15 - 21
Verified: 2019/04/25
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: Law of 4 July 1989 on the limitation and control of election expenses for the election of the Federal Assembly, and the funding and open accounting of political parties, Art. 16 - 21
Verified: 2019/04/25
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments: Votes are mixed at counting centers with the votes of at least two other stations before counting. Counting is not done by polling staff. Results from voting machines are also combined before published. The number of registered voters in the polling stations of which ballots are assigned to the same counting center, can not exceed 2400.
Source: The Belgian Electoral Code, Article 149, 156
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request
Comments:
Source: The Belgian Electoral Code, Article 165
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
h . No information available
Comments:
Source:
Verified: 2019/04/25
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments:
Source: Stéphan de Mul, Attaché - Service législation, Service Public Fédéral Intérieur
Verified: 2019/04/25
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments:
Source: Stéphan de Mul, Attaché - Service législation, Service Public Fédéral Intérieur
Verified: 2019/04/25
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified: 2012/05/08
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook);
The Belgian Constitution
Verified: 2019/04/25
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook);
The Belgian Constitution
Verified: 2019/04/25
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook);
The Belgian Constitution
Verified: 2019/04/25
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook);
The Belgian Constitution
Verified: 2019/04/25
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook);
The Belgian Constitution
Verified: 2019/04/25
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook);
The Belgian Constitution
Verified: 2019/04/25
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
e . Not applicable
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook);
The Belgian Constitution
Verified: 2019/04/25
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
e . Not applicable
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm);
The Belgian Constitution
Verified: 2019/04/25
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments:
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook)
Verified: 2019/04/25
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations f . By mail h . By proxy j . Other
Comments: h) Proxy vote possible with any other voter.
Article 89
1. In exception to article 4, the voters registered on the voters’ list of the municipalities of Fourons and Comins-Warneton are authorized to vote in Aubel or Heuvelland respectively, in the polling station assigned by the Interior Minister.
2. For the election to the Chamber of Representatives the voters registered in the voters’ list from the municipalities of the electoral district of Rhode-Saint-Genèse have the authorization to vote in favor of a list either from the electoral constituency of Brussels Region or Flemish-Brabant.
Article 147bis.
§ 1. The following voters may mandate another voter to vote in his name (proxy vote)
1° voters who due to a disease or infirmity are in incapacity to go to a polling station or to be transported there. This incapacity is attested by a medical certificate. The doctors presenting themselves as candidates for the elections may not hand out such a certificate.
2° the voter who for professional or military reasons:
a) is retained in a foreign country together with members of his family who are living with him;
b) is in the Belgian Kingdom but cannot be present on the day of the elections in the polling station.
The impossibility under a) and b) is attested by a certificate from a military authority or civil or from the employer of the voter concerned.
3° The voter who works as a skipper/mariner; street hawker or carney and the members of his family live with him.
The exercise of these professions area attested in a certificate from the burgomaster of the community where the person concerned is enlisted in the population register.
4° the voter who on the Election Day is in a situation deprived of liberty due to legal measures.
This situation is attested by the director of the institution the person stays.
5° the voter who due to his religious convictions cannot go to a polling station
This impossibility must be justified through an attestation of the religious authorities
6° the student who for the reasons of studies cannot take part in the elections. This impossibility needs to be certified through the direction of the institution s/he attends.
7° the voter who for other reasons than the ones mentioned above is absent from his domicile on the day of the elections, due to a temporary voyage in a foreign country making it impossible to go to a polling station. This absence is certified by the burgomaster of his/her domicile or his/her delegate on the presentation of the necessary documents, or if s/he cannot organize the necessary document, on the basis of a declaration on the honor. The King determines the model of declaration of honor as
well as the model of certificate delivered by the burgomaster. The demand must be introduced to the burgomaster no later than the day before the election.
§ 2. Any voter can be appointed as proxy.
Each proxy can act as a proxy for only one voter.
§ 3. The authorization is written in a form model of which has been fixed by the King and that is delivered for free to the municipal administration. The authorization mentions the elections for which it is valid, the names and first names, birthdates and the addresses of the proxy and the voter.
The authorization form is signed by the voter and proxy.
§ 4. To be able to vote, the proxy hands in to the head of the polling station where the voter was supposed to vote, the authorization as well as one of the a above mentioned attestations. S/He shows her/his identity card and the conviction on which the head of the polling station mentions “Vote by proxy.”
§ 5. The authorization is included in the documents mentioned in article 146 (1st sentence) and sent to the justice of the peace.
Article 180
All Belgian citizens who are listed in the population register kept by the Belgian diplomatic posts or consulates abroad and who fulfill the conditions or the electorate as it is stated in article 1, are obliged to vote.
The persons mentioned in the first sentence register as voter in one or the following municipalities:
1° in the Belgian municipality where the person was last registered in the population register before leaving the country;
2° otherwise in the Belgian municipality of his birthplace;
3° otherwise in the Belgian municipality where the father or the mother of the person are or have last been registered in the population register;
4° otherwise in the Belgian municipality in which an up to third-degree relative is registered or has last been registered, or finally in the municipality where an ancestor is born, is registered or has been registered in the population register.
They exercise their right to vote either personally or by proxy in a polling station on the Belgian territory, personally or by proxy in the diplomatic post or consulate where they are registered, or by mail.
With the exceptions stipulated in this title, the provisions of the Electoral Code are to be applied regardless of which operus morandi to be chosen for the voting.
The diplomatic posts or consulates verify the conditions of the electorate listed in article 1, §1.
Source: The Belgian Electoral Code, Art. 89 bis, 147 bis, 180
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation)
Comments: (b)All Belgian citizens residing abroad, wanting to preserve their right to vote in Belgian elections, have to be enrolled in the National Register of Belgian voters residing abroad.
(c)It applies to people temporary outside the country.
Source: The Belgian Electoral Code, Art. 180, 180-b, 180-c, 180-d, 180-e, 180-f, 180-g
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates d . By proxy e . By mail
Comments: Article 180
All Belgian citizens who are listed in the population register kept by the Belgian diplomatic posts or consulates abroad and who fulfill the conditions or the electorate as it is stated in article 1, are obliged to vote.
The persons mentioned in the first sentence register as voter in one or the following municipalities:
1° in the Belgian municipality where the person was last registered in the population register before leaving the country;
2° otherwise in the Belgian municipality of his birthplace;
3° otherwise in the Belgian municipality where the father or the mother of the person are or have last been registered in the population register;
4° otherwise in the Belgian municipality in which an up to third-degree relative is registered or has last been registered, or finally in the municipality where an ancestor is born, is registered or has been registered in the population register.
They exercise their right to vote either personally or by proxy in a polling station on the Belgian territory, personally or by proxy in the diplomatic post or consulate where they are registered, or by mail.
With the exceptions stipulated in this title, the provisions of the Electoral Code are to be applied regardless of which operus morandi to be chosen for the voting.
The diplomatic posts or consulates verify the conditions of the electorate listed in article 1, §1
Source: The Belgian Electoral Code, Art. 180, 180-b, 180-c, 180-d, 180-e, 180-f, 180-g
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Verified: 2019/04/25
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots d . Electronic voting machine
Comments: Article 143
The voter receives a ballot paper directly from the head of the polling station.
This ballot paper must be folded twice in a right angle with the boxes on top of the lists inside of the folded paper. It must be put down in front of the head to fold it up the same way. It must be stamped on the back showing the name or the district where the vote took place and the election’s date. The committee determines at least five places for the stamp to be possibly stamped on and chooses it through a drawing by lot. This drawing will be repeated once or several times during the operations by demand of one of the members of the polling station or a witness. If the committee decides that such a proposition cannot immediately be received, the demanding member of the committee or the candidate’s witness can demand that the reasons for the refusal are noted in the protocol.
The voter goes directly into one of the compartments to cast his vote. He shows his regularly folded ballot paper with the stamp on the outside to the head and puts it into the ballot box after the head or an assessor on his behalf has stamped the invitation to vote using the stamp mentioned in the previous paragraph. He is not authorized to unfold the ballot paper while leaving the compartment in order to not make publicly known his vote. If he nevertheless does it, the head of the polling station takes the ballot paper that is invalidated and obliges the voter to vote anew.
The voter, who due to a handicap cannot go on his own into the compartment or express his vote by himself, may with the authorization of the head of the polling station be accompanied by a guide or a facilitator. The name of the one or the other is mentioned in the protocol. If an assessor or a witness doubts the reality or extent of the handicap, the committee makes a
decision and the motivated decision is noted in the protocol.
Source: The Belgian Electoral Code, Article 143
http://aceproject.org/ero-en/regions/europe/BE/belgium-electoral-code-2014/view
Law of 11 April 1994 regulating voting by electronic voting machines
Verified: 2019/04/25
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