Info
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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