Info
Disclaimer: This section of Comparative Data is not being updated.
Users should be aware that data may be inaccurate. If you find inaccuracies please
contact the ACE facilitators .
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
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
a . The legislature (national/subnational)
Comments: Electoral constituencies are delimited in the electoral law.
Source: Constitution, Art. 63
Verified: 2012/05/04
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
BD004
Question: If population is a criterion, which population figure is used?
Answer:
f . 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: Constitution, Art. 63 (3)
Verified: 2012/05/04
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
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments: Constituencies are not often redrawn but it was done in 2003 as the constituencies were considered to be too small. It is the size of the population in the constituencies that determines the number of seats attributed to each constituency.
Source: Constitution, Art. 63 (4);
Electoral Code, Art. 87
Verified: 2012/05/04
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
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
l . Other
Comments: The Senate consists of 71 members: 25 are elected by the Dutch community, 10 are elected by the French community, 10 are appointed by the parliament of the French community, 10 are appointed by the parliament of the Dutch community, 1 is appointed by the parliament of the German community, 6 are appointed by the Dutch Senators and 4 are appointed by the French Senators.
The King's children or the descendants of the royal family called to reign, are senators by right at the age of eighteen. They have voting rights at the age of twenty-one.
Source: Constitution, Art. 67, 68, 72;
Electoral Code, Art. 166, 167, 168, 220
Verified: 2012/05/04
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
a . d'Hondt Formula
Comments: In the first allocation of seats (to lists within primary districts)in the Parliament the Hare quota is used. In the second and third allocation (to secondary districts) the d'Hondt Formula is used.
Source: Electoral Code, Art. 165 bis (1), 169, 170, 171
Verified: 2012/05/04
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
b . Specially delimited constituencies
Comments: Seats are allocated at constituency level, defined by administrative boundaries (different from linguistic constituencies).
Source: Constitution, Art. 63
Verified: 2012/05/04
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
b . Specially delimited constituencies
Comments: Seats are allocated at the level of constituencies defined by linguistic criteria.
In addition, the King's children or the descendants of the royal family called to reign, are senators by right at the age of eighteen. They have voting rights at the age of twenty-one.
Source: Constitution, Art. 67, 68, 72
Verified: 2012/05/04
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source: Constitution, Art. 61, 62, 63
Verified: 2012/05/04
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments: The Senate consists of 71 members: 25 are elected by the Dutch community, 10 are elected by the French community, 10 are appointed by the parliament of the French community, 10 are appointed by the parliament of the Dutch community, 1 is appointed by the parliament of the German community, 6 are appointed by the Dutch Senators and 4 are appointed by the French Senators.
The King's children or the descendants of the royal family called to reign, are senators by right at the age of eighteen. They have voting rights at the age of twenty-one.
Source: Constitution, Art. 67, 72
Verified: 2012/05/04
ES013
If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
The Senate consists of 71 members: 25 are elected by the Dutch community, 10 are elected by the French community, 10 are appointed by the parliament of the French community, 10 are appointed by the parliament of the Dutch community, 1 is appointed by the parliament of the German community, 6 are appointed by the Dutch Senators and 4 are appointed by the French Senators.
The King's children or the descendants of the royal family called to reign, are senators by right at the age of eighteen. They have voting rights at the age of twenty-one.
Source
Constitution, Art. 67 and 72
Verified
2012/05/04
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments: 5% of the valid votes in each constituency
Source: Electoral Code, Art. 165 bis (1)
Verified: 2012/05/04
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
b . Specify the percentage:
Comments: 5% of all valid votes in each linguistic community (Dutch or French)
Source: Electoral Code, Art. 165 bis (1)
Verified: 2012/05/04
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
a . No minimum
Comments:
Source: Electoral Code, Art. 166, 167, 168, 169, 170, 171
Verified: 2012/05/04
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
a . No minimum
Comments:
Source: Electoral Code, Art. 166, 167, 168
Verified: 2012/05/04
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) b . Elections can be called at any time (specify by whom) c . On a fixed day of the week (specify day, specify if holiday)
Comments: a) Every 4 years
b) By the King (i.e the government), on request of the Prime Minister
c) Elections are held the first Sunday after the expiration of the four year period of mandate. If it falls on a holiday, elections are postponed until the following Sunday
Source: Electoral Code, Art. 105, 106
Verified: 2012/05/04
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) b . Elections can be called at any time (specify by whom) c . On a fixed day of the week (specify day, specify if holiday)
Comments: a) Every 4 years
b) By the King (i.e the government), on request of the Prime Minister
c) Elections are held the first Sunday after the expiration of the four year period of mandate. If it falls on a holiday, elections are postponed until the following Sunday
Source: Electoral Code, Art. 105, 106
Verified: 2012/05/04
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: A) On a Sunday
Source: Electoral Code, Art. 107
Verified: 2012/05/04
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: a) On a Sunday
Source: Electoral Code, Art. 107
Verified: 2012/05/04
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
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: 15 April 2009
Source: Electoral Code
Verified: 2012/05/04
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
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
b . National elections are held on the same day as regional and local elections
Comments: The law permits that national elections and regional elections can be held on one day, elections for both chambers are required to be held on one day.
Source: Constitution, Art. 46, 117, 195
Verified: 2012/05/04
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments:
Source: Constitution, Art. 85
Verified: 2012/05/04
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
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
Source: Electoral Code, Art. 131, 132
Verified: 2012/05/04
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates c . Voters
Comments:
Source: Electoral Code, Art. 231, 232
Verified: 2012/05/04
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
c . Superior Court
Comments:
Source: Electoral Code, Art. 131, 132, 160
Verified: 2012/05/04
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
b . Legislative Committee
Comments: b) The Parliament and the Senate
Source: Constitution, Art. 195
Verified: 2012/05/04
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
EM003
Question: The national electoral management body reports to:
Answer(s):
d . A national government department
Comments: There is no separate Electoral Management Body in the Belgian system. The department for Elections and Population at the Ministry of Interior is in charge of the elections.
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: 2012/05/04
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
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
e . Governmental appointment
Comments: Appointed by the Minister 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: 2012/05/04
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
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement g . Internet
Comments:
Source:
Verified: 2019/04/25
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
c . Simulation exercises e . Public meetings g . Internet
Comments:
Source:
Verified: 2019/04/25
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
a . Disabled b . Young people/ first time voters d . Ethnic minorities e . Indigenous groups f . Illiterates
Comments:
Source: Steinar Dalbakk, Ministry of Local Government and Regional Development, Norway, Steinar.dalbakk(a)krd.dep.no
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
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration b . Previous Conviction d . Mental disability
Comments: All restrictions have to be declared by the judiciary.
a) and b) Applies to people convicted for a crime and sentenced to more than 4 months. They remain unable to vote for 6 years if sentenced to more than 4 months and for 12 years if sentenced to more than 3 years.
d) Applies to people enclosed in mental institutions. When released they regain their right to vote.
Source: Constitution, Art. 61;
Electoral Code, Art. 1, 6, 7
Verified: 2012/05/04
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
VR005
Question: What is the registration method for national elections?
Answer:
a . National citizens register
Comments:
Source: Electoral Code, Art. 10 (2)
Verified: 2012/05/04
VR006
Question: How frequently is the voters register updated?
Answer:
c . Periodically (or before each election)
Comments:
Source: Electoral Code, Art. 10
Verified: 2012/05/04
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
a . Links to national population records
Comments: All people registered in a Belgian municipality (who have the right to vote) are automatically listed as voters.
Source: Electoral Code, Art. 10 (3)
Verified: 2012/05/04
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
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
a . Signature requirement (specify requirement)
Comments: Signatures of 2 outgoing members of the Parliament belonging to the same linguistic group as the candidate or at least 5,000 voters of the constituency concerned.
Source: Electoral Code, Art. 116 (2)
Verified: 2012/05/04
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
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
a . Age b . Citizenship d . Residence j . Other
Comments: a) 21 years old
b) Belgian citizenship
j) Candidates need to declare which linguistic group they represent in the bi-lingual constituency (Brussels)
Source: Constitution, Art. 69
Verified: 2012/05/04
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
k . Not applicable
Comments: Presidential elections are not held.
Source: Constitution, Art. 36 and 96
Verified: 2012/05/04
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
c . Criminal record g . Holding of government office k . Mental health problems
Comments: g)
- Ministers of Government
- Any paid function undertaken pursuant to government decision
- Membership of another legislative assembly (Senate, community or regional council)
- Civil servant or employee of the State, provincial clerk, state-paid clergyman, public-service lawyer, treasury official, government commissioner for private companies, etc.
Source: Electoral Code, Art. 6, 7, 227
Verified: 2012/05/04
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments: Presidential elections are not held.
Source: Constitution, Art. 36 and 96
Verified: 2012/05/04
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
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
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: Electoral Code, Art. 116 (1)
Verified: 2012/05/04
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
Comments: Signatures of 2 outgoing members of the Parliament belonging to the same linguistic group as the candidate or at least 5,000 voters of the constituency concerned.
Source: Electoral Code, Art. 116 (2)
Verified: 2012/05/04
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments: Presidential Elections are not held.
Source:
Verified: 2012/05/04
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
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments: c) Represented political parties receive a monthly grant
Source: Electoral Code, Art. 116 (6);
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: 2012/05/04
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
e . Not Applicable
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: 2012/05/04
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
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
c . Unspecified
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: 2012/05/04
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
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
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: 2012/05/04
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received b . Public disclosure of party expenditure e . Ceilings on party election expenses h . Publication or public access to contribution and / or expenditure reports i . Other
Comments: a) Public disclosure of private dons over 125 euros
i) Funding from legal persons is prohibited
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. 2, 3, 16 - 21;
Ministry of Interior, Opinion of 18 May 2010 establishing the limits of electoral expenses for the legislative federal elections of 13 June 2010: http://www.ibz.rrn.fgov.be/fileadmin/user_upload/Elections2011/fr/electeur/reglementation/QM%20810_TABLEAU-DEPENSES%20ELECTORALES-20100512.pdf (2012)
Verified: 2012/05/04
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
a . Public disclosure of candidate contributions received b . Public disclosure of candidate expenditure e . Ceilings on candidate election expenses h . Publication or public access to contribution and / or expenditure reports
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. 2, 3, 16 - 21;
Ministry of Interior, Opinion of 18 May 2010 establishing the limits of electoral expenses for the legislative federal elections of 13 June 2010: http://www.ibz.rrn.fgov.be/fileadmin/user_upload/Elections2011/fr/electeur/reglementation/QM%20810_TABLEAU-DEPENSES%20ELECTORALES-20100512.pdf (2012)
Verified: 2012/05/04
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
b . Regulated body specially created for this purpose
Comments: The Control Commission in which members of both federal legislative chambers are represented on equal terms.
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. 1, 4, 4bis, 12, 13, 24, 25
Verified: 2012/05/04
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
a . Single ballot (all registered parties listed) e . Ability to vote for candidates within parties (personal vote) g . Different ballots used in different constituencies i . Party symbols in black and white n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station official p . Bilingual
Comments:
Source: Electoral Code, Art. 116, 128, 129
Verified: 2012/05/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
a . Single ballot (all registered parties listed) e . Ability to vote for candidates within parties (personal vote) g . Different ballots used in different constituencies h . Party symbols in color n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station official p . Bilingual r . Other
Comments: r) Red ballots
Source: Electoral Code, Art. 116, 128, 129
Verified: 2012/05/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments: Presidential elections are not held
Source: Constitution
Verified: 2012/05/04
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
VC005
Question: What procedures are used in the initial count?
Answer(s):
a . Separate ballots for different elections b . Preliminary count of all ballots in ballot box c . Tally of voters who voted d . Number of ballots in box reconciled against number of voters e . Number of ballots reconciled against ballots initially received (minus spoilt and unused) f . Each ballot paper held up for public scrutiny, with name of party/candidate called out loud j . Sorted into piles according to individual party/candidate k . Counted by machine l . Counted by hand o . Data fed into computer for calculation r . Observers and party agents are permitted to take their own copies of the results t . Other
Comments: t) Ballots are sorted in piles according to the linguistic community they represent
Source: Electoral Code, Art. 149, 155, 156
Verified: 2012/05/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
d . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: d) The results are transmitted to the president of the central office of the electoral college
Source: Electoral Code, Art. 163
Verified: 2012/05/04
VC007
Question: At what levels are seats allocated?
Answer(s):
c . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: c) Constituency level, according to the population of each electoral constituency
Source: Electoral Code, Art. 165 - 171;
Constitution, Art. 63
Verified: 2012/05/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
a . Physically transported
Comments:
Source: Electoral Code, Art. 163
Verified: 2012/05/04
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
a . Ballots b . Unused and spoiled ballots c . Counterfoils of used ballots d . Voter rolls f . Certificate of result
Comments: When electronic voting machines are used, a diskette is transported to the constituency level, while the machine with a copy of the data remains sealed at the local level.
Source: Electoral Code, Art. 163, 165
Verified: 2012/05/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
c . Signatures on sealed envelopes
Comments: Police escort is available on request only
Source: Electoral Code, Art. 163, 165
Verified: 2012/05/04
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
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source: Electoral Code, Art. 165
Verified: 2012/05/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
a . Political parties b . An individual candidate c . Election officials f . Other
Comments: f) Electoral Head Office
Source: Electoral Code, Art. 163, 165
Verified: 2012/05/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
c . Local Election Management body
Comments: Recounts usually conducted by the "original" staff of the respective counting center (not the polling staff). However, judges are free to ask other persons/institutions to do the recount.
Source: Electoral Code, Art. 163, 165
Verified: 2012/05/04
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source: Electoral Code, Art. 162, 165
Verified: 2012/05/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments: The results have to be publicly announced.
Source: Electoral Code, Art. 174
Verified: 2012/05/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
a . hours:
Comments: a) 15-24 hours, immediately after the results are known.
Source: Electoral Code, Art. 174
Verified: 2012/05/04
Media and Elections
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2012/05/04
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Consolidated Decree on audiovisual media services, Art. 36 (1)
Verified: 2012/05/08
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/06/14
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
d . No government newspaper: competition between two or more major private newspapers
Comments:
Source:
Verified: 2005/06/14
ME006
Question: What proportion of the population can receive transmissions of the national level programming of private radio stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/06/14
ME008
Question: What proportion of the population can receive transmissions of the national level programming of private television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/06/14
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2012/05/08
ME015
Question: What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
Answer:
a . Over 60 %
Comments:
Source:
Verified: 2005/06/14
ME016
Question: In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
Answer(s):
a . Public radio
Comments: e. 2
f. 1
Source:
Verified: 2007/01/09
ME017
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments:
Source:
Verified: 2005/06/14
ME020
Question: Who grants licenses/frequencies to private broadcasters?
Answer:
b . Independent regulator
Comments: The Authorisation Committee
Source: Consolidated Decree on audiovisual media services
Verified: 2012/05/08
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
b . Private companies
Comments:
Source: Consolidated Decree on audiovisual media services, Art. 67 (1, par. 6)
Verified: 2012/05/08
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
b . No
Comments:
Source:
Verified: 2012/05/08
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
a . Law c . Voluntary agreement or self-regulation
Comments:
Source: Consolidated Decree on audiovisual media services
Verified: 2012/05/08
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
a . Statutory regulator (e.g. broadcasting licensing body) d . Legislature
Comments:
Source: Consolidated Decree on audiovisual media services, Art. 135 (1, par. 5)
Verified: 2012/05/08
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
b . No
Comments:
Source:
Verified: 2005/06/15
ME029
Question: Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
Answer:
a . Yes
Comments:
Source: Law of 23 June 1961 on the right of reply
Verified: 2012/05/04
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
b . No
Comments:
Source:
Verified: 2005/06/15
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source:
Verified: 2005/06/15
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source:
Verified: 2005/06/15
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
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/15
ME044
Question: Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/15
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/06/15
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
ME061
Question: Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
Answer(s):
a . Person or agency that commissioned the opinion poll d . Size of the sample
Comments:
Source:
Verified: 2005/06/15
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
ME063
Question: Where, if at all, may exit polls be carried out?
Answer(s):
b . Outside the polling station
Comments:
Source:
Verified: 2005/06/15
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
b . After all polls close
Comments:
Source:
Verified: 2005/06/15
ME065
Question: When are the media, by law, allowed to report preliminary election results?
Answer:
b . After all polls close, before official results are available
Comments:
Source:
Verified: 2005/06/15
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/06/15
ME067
Question: What resources does the EMB have for its work with the media?
Answer(s):
d . No one with full-time responsibility for media work
Comments:
Source:
Verified: 2005/06/15
ME068
Question: Have staff responsible for media relations received training for this work?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/06/15
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
b . Press releases c . Press conferences/briefings e . Web site
Comments:
Source:
Verified: 2005/06/15
ME070
Question: Has the EMB provided or facilitated training for journalists in how the electoral process works?
Answer:
b . No
Comments:
Source:
Verified: 2005/06/15
ME074
Question: Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/15
ME075
Question: Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/06/15
ME076
Question: Which of the following types of daily and weekly newspapers provide paid broadcast time or print space to the EMB for voter information campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/06/15
ME077
Question: What steps does the EMB take to make sure that it is communicating its message to the media?
Answer(s):
a . It consults the media about the usefulness of materials provided to them by the EMB.
Comments:
Source:
Verified: 2005/06/15
ME078
Question: Which of the following do you judge to be significant barriers to the EMB in communicating its message to the media?
Answer(s):
b . Insufficient training of staff with responsibility for media relations c . Cost of paid advertising limiting dissemination of voter education messages
Comments:
Source:
Verified: 2005/06/15
ME079
Question: Overall, how effective do you judge the EMB's ability to communicate through the media during election campaigns to be?
Answer:
b . Quite effective
Comments:
Source:
Verified: 2005/06/15
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
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/27
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/27
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/27
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD116
Question: What is the period during which these controls apply for an initiative?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD125
Question: Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
Answer(s):
b . No
Comments:
Source:
Verified: 2012/05/04
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/05/04
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/05/04
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/05/04
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/05/04
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/05/04
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/05/04
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source: Law of Communities (Art. 318 - 329)
Verified: 2012/05/04
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source: Nouvelle loi communale (art. 318 à 329).
Verified: 2005/04/27
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/05/04
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2012/05/04
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD042
Question: In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
f . Other (specify)
Comments:
Source:
Verified: 2012/05/04
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD062
Question: When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD063
Question: Who decides the final ballot text?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD076
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD077
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD078
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD079
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD081
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD083
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD085
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD086
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD087
Question: Where can proposals for an abrogative referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD088
Question: Where can proposals for a rejective referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD089
Question: Where can proposals for a citizens' initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD092
Question: What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD093
Question: What information must signatories provide when signing the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2012/05/04
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
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
d . 1941-1960
Comments: 1950, No constitutional provisions concerning institutions of direct democracy, but an ad hoc law of the 11.2.1950. In spite of the successful referendum, following social unrest Leopold III preferred to cede his throne to his son Baudouin I. Constitutional basis challenged. At the 1950 referendum, voting was mandatory. The result from this referendum was only consultative. Only parliament can initiate referendums. Also on local and province level, referendums can be initiated by citizens (percentage of the population, varies according to the size of the province/municipality). Referendum excluded when relating to staffing and financial matters or geographical boundaries. Quorum of participation: provincial level: 10% of inhabitants; municipal level: 10-12%. Regional and local referendums: consultative, but the municipal/province council must give reasons for decisions it takes in relation to matters that have been the subject of popular consultation.
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm);
Constitution: http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?DETAIL=1994021730%2FF&caller=list&row_id=1&numero=1&rech=1&cn=1994021730&table_name=LOI&nm=1994021048&la=F&dt=CONSTITUTION+1994&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=loi_all&trier=promulgation&chercher=t&sql=dt+contains++%27CONSTITUTION%27%26+%271994%27and+actif+%3D+%27Y%27&tri=dd+AS+RANK+&imgcn.x=52&imgcn.y=7#LNK0005
Verified: 2009/08/21
DD133
Question: What year was the first referendum/initiative held?
Answer:
d . 1941-1960
Comments: 1950
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2017/07/05
Voting Operations
VO001
Question: Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
Answer:
a . 91-100%
Comments: Ballot-papers, voting booths and computer software are all obtained and produced in Belgium.
Source: Greg Morris
Verified: 2000/10/23
VO002
Question: Is there a code of conduct for election officials?
Answer:
b . No
Comments: There are instructions in the Electoral Law, but not in a specific code of conduct.
Source: Electoral Code
Verified: 2012/05/04
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
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
Comments:
Source: Electoral Code, Art. 180-g
Verified: 2012/05/04
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
b . By mail
Comments: Electors can not vote in advance.
Source: Electoral Code, Art. 180-g
Verified: 2012/05/04
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
f . Other
Comments: Electors can not vote in advance.
Source: Electoral Code, Art. 180-g
Verified: 2012/05/04
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments:
Source: Electoral Code, Art. 90
Verified: 2012/05/04
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
VO012
How many staff are assigned to each polling station?
The smallest polling station: 6
The largest polling station: 8
Average per polling station:
Source
Luc Vanneste, Director General Ministère de lIntérieur, Belgium, luc.vanneste(a)rrn.fgov.be
Verified
2017/07/05
Forgot your password?
