Info
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
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