Folketing (Parliamentary) Election Act
Act No. 271 of May 13th 1987,
latest amendments added on April 10th 1991
Source : Danish Ministry of the
Interior
WE MARGRETHE THE SECOND, by the Grace
of God Queen of Denmark, do hereby make known that the Folketing has passed and
We have granted our Royal Assent to the following Act:
CHAPTER I
General Elections
and Referendums
Part 1
Franchise and
Eligibility
1.-(1) Franchise for
the Folketing is held by every person of Danish nationality, who is above 18
years of age, and permanently resident in the realm, unless such person has
been declared legally incompetent.
2.-(1) Persons who are
employed by the Danish State and ordered to enter service outside the realm,
and spouses cohabitating with such persons, shall be considered to be
permanently resident in the realm.
(2) The following persons who have
taken up temporary residence in foreign countries, and spouses cohabitating
with such persons, shall also be considered to be permanently resident in the
realm:
persons being sent out in foreign
service as employees of a Danish public agency or any local private undertaking
or association;
persons taking up residence in foreign
countries as employees of an international organisation of which Denmark is a
member;
persons being sent out to do service in
foreign countries by a Danish relief organisation;
persons staying abroad for the purpose
of education;
persons staying abroad for health
reasons;
persons staying abroad and who, with
respect to affiliation with the realm, must be quite coequal with the persons
specified in Nos. (i) to (v).
3.-(1) No one shall
exercise the right to vote except if included in the electoral register.
4.-(1) Eligibility for
the Folketing is accorded to anyone holding the right to vote according to
section 1, cf. section 2, unless punished for an act, which in the public opinion
renders him unworthy of being a Member of the Folketing, cf. the Act of the
Constitution sections 30 and 33.
(2) A person can nevertheless always
stand as candidate in an election regardless of objections in respect of
non-eligibility.
5.-(1) No one can
stand as candidate in an election unless he himself has announced his
candidature in the election.
6.-(1) Members of the
Folketing are elected for four years. The existing seats in the Folketing shall
lapse, however, when a new election has taken place, cf. section 32 of the Act
of the Constitution.
(2) General elections are called by
royal public notice, to be held on the same day throughout the realm. In the
Faroe Islands and in Greenland, fixing another day for holding the election can
be entrusted to the High Commissioners.
Part 2
Electoral Districts
and Polling Districts. Local Distribution of Seats
7.-(1) A total of 179
members, two of which in the Faroe Islands and two of which in Greenland, are
elected for the Folketing.
(2) Rules for the election in the Faroe
Islands and in Greenland are laid down in separate acts.
8.-(1) Denmark is
divided into three regions: Metropolitan Copenhagen, the Islands and Jutland.
(2) The regions are subdivided into
multi-member constituencies, cf. the schedule to the act (List of Electoral
Districts). Metropolitan Copenhagen consists of three multi-member
constituencies (metropolitan constituencies). The Islands and Jutland consist
of seven multi-member constituencies each (county constituencies).
(3) The multi-member constituencies are
subdivided into nomination districts, cf. the List of Electoral Districts. A
nomination district consists of one or more municipalities or a part of a
municipality. For nomination districts consisting of more than one
municipality, the common functions are carried out by the municipality
identified as a constituency municipality in the List of Electoral Districts.
(4) The Minister for the Interior can
issue a promulgation order for minor adjustments to the List of Electoral
Districts.
9.-(1) Each
municipality or part of a municipality in a nomination district is subdivided
into polling districts. A municipality or part of a municipality, however, can
constitute one polling district. The local council makes decisions regarding
the setting up, alteration or closing down of polling districts.
10.-(1) Of the
nationwide 175 seats, 135 are constituency seats and 40 are compensatory seats.
The distribution of seats among regions and among multi-member constituencies
are determined and announced by the Minister for the Interior following
publication of the population figure as at January 1st 1985, 1990, 1995, etc.,
and the distribution subsequently applies to the following elections.
(2) The distribution is fixed
proportional to numbers, which for each region and each multi-member
constituency are computed as the sum of: i) the population; ii) the number of
voters in the last general election; and iii) the area in square kilometres
multiplied by 20, of the appropriate region or multi-member constituency,
respectively. If the number of seats resulting from the distribution are not
integers and, therefore, do not add up to the necessary number of seats when
fractions are eliminated, the largest fractions shall be increased until the
number has been reached (the method of the largest remainders). If two or more
fractions are of equal size, lots shall be drawn.
(3) According to the computation rule
in subsection (2), the 175 seats are first distributed among the three regions.
Next, the 135 constituency seats are distributed accordingly among the regions.
Finally, the constituency seats are distributed among the multi-member
constituencies within the appropriate regions.
(4) If, by computation according to
subsection (3), the County Constituency of Bornholm fails to obtain at least
two seats, a second distribution of seats shall be undertaken in which the
Bornholm County Constituency is allocated two seats in advance. The remaining
133 constituency seats shall be finally distributed among the other multimember
constituencies as specified in subsection (3).
(5) The number of compensatory seats
for allocation to each region shall be computed as the difference between the
overall number of seats in the region and the number of constituency seats in
the region.
Part 3
Parties Entitled to
Participate in General Elections
11.-(1)The parties
which gained representation in the Folketing in the last general election and
which continue to be represented therein, are entitled to participate in
general elections.
(2) The right of participation in a
general election furthermore extends to new parties which have been registered
with the Minister for the Interior according to the rules of section 12.
(3) Parties which are entitled to
participate in general elections shall hereinafter be referred to as parties
entitled to nomination.
12.-(1) New parties
wishing to participate in a general election must file their registration with
the Minister for the Interior not later than noon 15 days prior to election
day. The registration must be accompanied by statements from voters whose
number corresponds to 1/175 of all valid votes cast in the last general
election as a minimum. No voters' statements are required in the case of the
party of the German minority.
(2) The voters' statements are to be
submitted on a form which has been approved by the Minister for the Interior in
advance. The approval remains valid for two years counting from the day of the
approval. The Minister for the Interior may renew the approval, if, on the
basis of the last approved form, a party has been registered. In case of
non-registration, the approval shall be renewed provided only it is
recommendable on special grounds. In connection with approval of the form it is
for the Minister for the Interior to decide whether the name of the new party
can be approved, cf. section 13. Approval of the party name remains valid for
the same term as approval of the form.
(3) The voters' statements must, in
order to be included, be duly completed clearly stating the name of the voter,
CRS number, permanent address, and be signed and dated by the voter in his own
handwriting. The statements must furthermore be furnished with a certificate
from the local national registration office attesting to the fulfilment by the
voter of the conditions of franchise to the Folketing at the time of making the
statement. If the voter is deceased since the statement was made, a certificate
shall not be issued.
(4) After certification, the national
registration office shall send the voter's statement to the appropriate voter.
The voter shall then himself forward the statement to the party if the voter
has a continued interest in participating in the registration of the
appropriate party. In forwarding the voter's statement, the national
registration office shall inform the voter accordingly. The national
registration office shall return voters' statements which do not fulfil the
conditions for certification to the party, with indication of the reason for
not issuing a certificate.
(5) A voter's statement shall not be
included, however, if it
was made one year or more before registration
of the party, cf. subsection (1); or,
was made by a voter who has already
made a statement in favour of a party registered according to subsection (1).
(6) Registration of a party remains
valid until the first general election is subsequently held, however, for one
year from the day of registration as a minimum.
(7) The Minister for the Interior shall
keep the voters' statements as long as the registration remains valid and shall
subsequently destroy them.
13.-(1) No approval
can be granted to a new party name which
is used by a party entitled to
nomination or has been approved for a new party by the Minister for the
Interior, cf. section 12(2);
is used by a Danish party entitled to
participate in elections for the European Parliament or has been approved for a
new party by the Minister for the Interior under the act on the Election of
Danish Representatives to the European Parliament; or,
may cause confusion of the party with
one of the parties referred to in Nos. i) and ii), or in subsection (2).
(2) The name of a party having
participated in the last general election without obtaining representation can
be approved only for the appropriate party. Similar conditions apply to the
name of a Danish party having participated in the last election of the European
Parliament without obtaining representation.
(3) Party names which are approved by
the Minister for the Interior in connection with approvals of forms, cf.
section 12(2), shall be recorded in a register to be kept by the Minister for
the Interior.
14.-(1) The Minister
for the Interior allocates to the parties entitled to nomination a letter
designation with which the parties are listed on the ballot papers. In the allocation
due regard shall be made in respect of the preservation of letter designations
which the parties had in previous elections.
(2) Soonest possible after the expiry
of the time-limit in section 12(1), the Minister for the Interior shall
promulgate in the Official Gazette which parties are entitled to nomination and
the letter designations allocated to these parties.
Part 4
Electoral Registers
and Poll Cards. Franchise Board
15.-(1) Voters shall
be included in the electoral register in the municipality where they are listed
in the national register, cf. however section 16.
16.-(1) Voters
comprised by section 2 shall be included, upon request, in the electoral
register in the municipality where they last were listed in the national register.
The request must be submitted to the local council on a form which has been
approved by the Minister for the Interior.
(2) Voters who have stayed abroad for
more than four years and who are not comprised by section 2(1) can only be
included in the electoral register provided the Franchise Board considers the
conditions of section 2(2) fulfilled in each individual case. If there is any
doubt, whatsoever, as to whether a voter is comprised by section 2, the voter
can be included in the electoral register provided only the Franchise Board
considers the conditions in section 2 fulfilled in each individual case.
(3) Decisions regarding the inclusion
in electoral registers of voters comprised by section 2(2) are valid for two
years from the day of decision. If, prior to the expiry of this term, the voter
submits a request for renewed inclusion in the electoral register, the term is
extended until a decision has been made.
(4) The Minister for the Interior shall
lay down detailed rules for inclusion in the electoral register of voters
comprised by section 2.
17.-(1) The Minister
for the Interior shall set up a Franchise Board to decide on inclusion in the
electoral register according to section 16(2).
(2) The Franchise Board consists of a
chairman and two other members. The chairman must be a judge, and either of the
other members must be an expert on constitutional law. A deputy chairman and a
substitute for either of the two other members must be appointed by the same
rules.
(3) The Minister for the Interior shall
lay down the rules of procedure.
(4) The decisions of the Board shall
not be subject to appeal to any other administrative authority.
18.-(1) When an
election is called, the local council shall prepare an electoral register of the
voters of the municipality, cf. sections 15 and 16. The electoral register
shall be prepared for each local polling district.
(2) The electoral register shall list
voters who have moved to the municipality not later than on the 18th day prior
to election day and who not later than on this day have notified the local
national registration office of the change of address.
(3) Voters who not later than on the
15th day prior to election day have relocated within the municipality, and who not
later than on this day have notified the local national registration office of
the change of address shall be listed in the electoral register under the new
address.
(4) Voters who later than the 18th day
prior to election day have moved to another municipality or within the
municipality, or who later than this day have notified their change of address
shall remain listed in the electoral register under their previous address.
(5) Voters who are comprised by section
2 shall be listed in the electoral register if a decision to this effect has
been made not later than on the 18th day prior to election day.
19.-(1) The electoral
register shall be prepared on the basis of information in the national civil
registration system (CRS).
(2) The electoral registers shall
contain the name of the voters, birth dates and addresses, as well as serial
number and a space for marking.
(3) The Minister for the Interior may
lay down detailed rules for the preparation of the electoral registers and
their design.
20.-(1) As soon as the
electoral register has been prepared, the local council shall send out poll
cards to the voters included in the electoral register and listed in the local
national register. The poll card must contain information about the name and
address of the voter, his number in the electoral register and about the
address of the polling station as well as the day and time of voting.
21.-(1) Not later than
10 days prior to election day shall the Minister for the Interior publish the
day and time of voting in the national newspapers. At the same time the public
shall be notified that poll cards will be sent out to the voters and that
objections against non-reception of poll cards or reception of poll cards with
erroneous contents shall be submitted to the local council.
22.-(1) The local
council shall immediately consider the objections specified in section 21, and
shall, case requiring, correct the errors by writing out new poll cards and by
making corrections to the electoral register. Such corrections can be made up
to and including election day.
(2) The local council shall
furthermore, up to and including election day, correct the electoral register
if the local authority receives notification of a person leaving to set up
residence abroad, death cases, declaration of legal incompetence, abolition of
legal incompetence or the acquisition, or forfeiting, by a person of his Danish
citizenship.
Part 5
Election Committees,
Polling Supervisors, and Appointed Electors
Election Committees
23.-(1) Not later than
when an election has been called shall an election committee be chosen for each
nomination district. In municipalities comprising more than one nomination
district one common election committee shall be chosen.
(2) The election committee receives
announcements of candidatures and procures ballot papers and notices.
Furthermore, the election committee supervises the final counting and the
tabulation of the vote in the nomination district.
(3) Members of the election committee
are elected by the local council by proportional representation. The group in
the local council appointing a member shall also appoint a substitute. The
mayor is a member of the election committee, in the City of Copenhagen the
mayor in charge of public elections. Other members and substitutes are chosen
from among members of the local council, in the City of Copenhagen from among
the members of the City Council or the Executive.
24.-(1) To sit on the
election committee of nomination districts consisting of more than one
municipality, every local council elects the following numbers of members:
in nomination districts which consist
of two municipalities, four members;
in nomination districts which consist
of three municipalities, three members, cf. however subsection (2);
in nomination districts which consist
of four municipalities or above, two members.
(2) The election committee of the North
Jutland County Constituency Nomination District 5 is also election committee of
Nomination Districts 6 and 7, cf. the schedule to this Act. The Council of the
Municipality of Aalborg elects five members to sit on the election committee.
The other local councils elect two members each.
(3) The mayor of the constituency
municipality, cf. the schedule to this Act, is chairman of the election
committee.
25.-(1) To sit on the
election committees of nomination districts consisting of one municipality or a
part of a municipality, five members are elected, cf. however section 24(2).
The mayor is chairman of the election committee.
26.-(1) The local
council shall elect from among the members of the election committee a
vice-chairman of the election committee. In nomination districts consisting of
more than one municipality, the vice-chairman is elected by the local council
of the constituency municipality among its members of the election committee.
The vice-chairman shall discharge the duties of the chairman in the latter's
absence.
27.-(1) No one who is
a candidate for election in the appropriate multi-member constituency can be a
member or a substitute for the election committee.
(2) If the mayor is a candidate for
election in the appropriate multi-member constituency, the local council
chooses among its members a person who joins the election committee, taking the
place of the mayor.
28.-(1) The chairman
of the election committee prepares, summons and presides over the meetings of
the election committee. Decisions by the election committee are made by
majority vote. In the event of a tie, the chairman's vote shall be decisive.
(2) The chairman of the election
committee shall decide in all unambiguous questions.
(3) The election committee shall keep
election records in which all material information about the voting in the nomination
district and the result thereof are entered. In municipalities comprising more
than one nomination district, the election committee shall keep election
records for each local nomination district. The Minister for the Interior shall
lay down the rules governing the contents and design of the election records.
Polling Supervisors
29.-(1) Not later than
when an election has been called shall the local council elect, for each polling
district, not less than five and not more than nine polling supervisors to
conduct the voting procedure and the vote count at the polling station.
(2) Polling supervisors are elected by
proportional representation in one step from among all voters residing in the
municipality.
(3) From among the polling supervisors
the local council elects a chairman for each polling district. The chairmen are
elected by proportional representation.
(4) The polling supervisors shall keep
a poll book in which they enter all material information about the voting in
the polling district and the result thereof. The Minister for the Interior
shall lay down the rules governing the contents and design of the poll books.
Appointed Electors
30.-(1) Not later than
when an election has been called shall the local council elect a number of
electors to assist in the election. Appointed electors are elected by
proportional representation in one step from among all voters residing in the
municipality.
Common Rules
31.-(1) Any voter is
under duty to assume the task of polling supervisor or appointed elector.
(2) The members of the election
committee, polling supervisors and appointed electors shall perform the tasks
incumbent upon them except when absent. In the absence of a member of the
election committee his substitute shall join the election committee. In the
absence of a polling supervisor the local council shall appoint a new polling
supervisor.
(3) Allowances are granted to members
of the election committee, polling supervisors and appointed electors for their
assistance during the election process. Allowances are paid according to the
rules laid down in the Local Government Act.
Part 6
Candidates for
Election
32.-(1) A person who
wishes to announce his candidature in the election in a nomination district,
may either stand for a party entitled to nomination or stand as an independent
candidate. A candidate wishing to stand for a party must be approved by the
party. An independent candidate must be recommended by at least 150 and at most
200 voters of the nomination district as supporters.
(2) No one shall be a candidate in more
than one multi-member constituency. No one shall be a candidate of more than one
party or a candidate of a party and an independent candidate at the same time.
Election of a candidate having acted in contravention hereof shall be void.
(3) A voter who as supporter recommends
more than one candidate shall not be considered supporter of any of the
candidates.
Registration of Candidates and Approval
by the Parties
33.-(1) Not later than
(2) The registration form shall be
signed by the candidate and state the full name, CRS number, occupation and
address of the candidate. If the candidate does not want his full name to
appear on the ballot paper, it must be indicated how the name should appear. A
candidate's last name or middle name and at least one first name or initial
shall always be stated. Only middle and last names which a candidate is
entitled to use under the Names Act, or middle names reported to the national
register, shall be stated on the ballot paper. Instead of the first name, a
name by which the candidate is known and which is derived from the first name,
may be stated. The registration shall further state the name and address of a
voter in the nomination district who the election committee may approach if the
registration form is insufficiently completed.
(3) Candidates wishing to stand for a
party shall state so in the registration form.
(4) Candidates standing as independents
shall state so in the registration form. Furthermore, the registration form
shall be signed by the supporters of the candidate and state the name, CRS
number and address of each supporter. Names and addresses of supporters are
open to public inspection.
(5) He who files a candidate's
registration form is entitled to a receipt which states the time of filing.
34.-(1) A candidate
may withdraw his registered announcement of candidature if communicated to the
chairman of the election committee of the nomination district not later than
35.-(1) As soon as the
time-limit for filing of candidates' registrations has expired, the election
committee shall examine the validity of the registrations filed in time. If the
election committee finds that a registration should be declared invalid on
account of material deficiencies, the election committee shall inform the
candidate or the voter stated in the registration form accordingly without
delay. Not later than 12 hours subsequent to due notification may a new
registration form be filed in respect of the candidate or the deficiencies be
remedied. The chairman of the election committee shall then decide on the
validity of the registration. The decision is entered into the election records
and a transcript dispatched to the candidate.
36.-(1) The election
committees within the county constituency shall immediately after reviewing the
candidates' registrations report in writing to the prefect which candidates
have filed valid registrations for election in the nomination district. The
report shall state the information specified in section 33(2) first and second
sentences, and information about the party the candidate wishes to stand for or
whether the candidate stands as an independent.
(2) The election committee in the City
of Copenhagen shall immediately after reviewing the candidates' registrations
report in writing to the chairman of the election committee in Frederiksberg Municipality
which candidates have filed valid registrations for election in the nomination
districts in the City of Copenhagen that belong to Metropolitan Constituency 3.
The report shall contain the information specified in subsection (1) second
sentence.
(3) The prefect shall prepare a list of
the candidates standing in the county constituency. The list is prepared on the
basis of the reports from the election committees and notifications and
registrations by the parties according to sections 37 and 41. The list is
forwarded to each election committee for use in procuring ballot papers in the
respective nomination districts, cf. sections 42 and 43. The prefect shall
decide how a candidate's name should appear on the ballot paper if stated
differently in the reports of the election committees.
(4) The chairman of the election
committee in the City of Copenhagen shall prepare a list of the candidates
standing in Metropolitan Constituencies 1 and 2. The list is prepared on the
basis of the valid candidate registrations in the nomination districts of
Metropolitan Constituencies 1 and 2, and notifications and registrations by the
parties according to sections 37 and 41. The list is used in procuring ballot
papers in the nomination districts in Metropolitan Constituencies 1 and 2, cf.
section 43. The chairman of the election committee in the City of Copenhagen
shall decide how a candidate's name should appear on the ballot paper if stated
differently in the candidate registrations.
(5) The chairman of the election
committee in the Frederiksberg Municipality shall prepare a list of the
candidates standing in Metropolitan Constituency 3. The list is prepared on the
basis of the report of the election committee in the City of Copenhagen, the
valid candidate registrations in the nomination districts in Frederiksberg
Municipality and notifications and registrations by the parties according to
sections 37 and 41. The list is used in procuring ballot papers in the
nomination districts in Metropolitan Constituency 3, cf. sections 42 and 43.
The chairman of the election committee in Frederiksberg Municipality shall
decide how a candidate's name should appear on the ballot paper if stated
differently in the report and the candidate registrations.
37.-(1) Not later than
(2) Notice shall for the county
constituencies be given to the prefect, for Metropolitan Constituencies 1 and 2
to the chairman of the election committee in the City of Copenhagen and for
Metropolitan Constituency 3 to the chairman of the election committee in
Frederiksberg Municipality.
(3) Notice shall for each approved
candidate state information about the candidate's name, CRS number and address.
Forms of Candidatures, Party List and
Nomination
38.-(1) Candidates
standing for a party shall stand either by district or in parallel.
39.-(1) In case of
standing by district one candidate shall stand for the party in the nomination
district.
(2) The candidate shall take first
place on the ballot paper. After him the other candidates (of the party in
question) in the multi-member constituency shall be listed in alphabetical
order. If the party has registered a specific order of candidates (party list),
cf. section 41(1), the other candidates shall, however, be listed in that
order.
(3) In case of standing by district all
party votes in the nomination district shall be allocated to the party
candidate in that nomination district, cf. section 73(5).
(4) In case of standing by district the
candidates shall be elected in the order of the size of their votes, cf.
section 81. If a party list has been registered, the candidates shall, however,
be elected in the order specified in section 82.
40.-(1) In case of
standing in parallel more than one candidate shall stand for the party in the
nomination district.
(2) The candidates shall be listed in
alphabetical order on the ballot paper. The party may, however, file a
registration to place a particular candidate first on the ballot paper
(nomination), cf. section 41(2). Below the candidates of the nomination
district shall be listed, in alphabetical order, any other candidates (of the
party in question) in the multi-member constituency.
(3) In case of standing in parallel the
party votes in the nomination district shall be distributed among the party
candidates in that nomination district in proportion to their personal votes in
the nomination district, cf. section 73(5).
(4) In case of standing in parallel the
candidates shall be elected in the order of the size of their votes, cf.
section 81.
41.-(1) Not later than
(2) Within the time-limit stated in subsection
(1), a party which has chosen candidatures in parallel in one or more
nomination districts may register a nominated candidate in the nomination
district(s) in question.
(3) Registrations according to
subsections (1) and (2) shall be made in writing to the authorities specified
in section 37(2).
Ballot Papers
42.-(1) The prefect
shall as soon as possible after the expiry of the time-limit in section 37, cf.
section 4l, communicate to the election committee of each nomination district
which candidates have been approved as party candidates by the various parties
within the county constituency. The communication shall state which party each
candidate stands for. The names of a party's candidates shall be listed in
alphabetical order indicating in which nomination district(s) the respective
candidates stand and in which nomination district(s) the respective candidates
are nominated, cf. section 41(2). If a party list has been registered, the
names of the candidates shall, however, be listed in the order of the party
list, cf. section 41(1). Furthermore, it shall be stated which candidates stand
as independents and which candidates have not been approved by the appropriate
party and, therefore, shall not be standing.
(2) The chairman of the election
committee in Frederiksberg Municipality shall inform the election committee in
the City of Copenhagen which candidates stand in Metropolitan Constituency 3,
according to the rules laid down in subsection (1).
43.-(1) As soon as the
election committee has received the information from the prefect according to
section 42(1), it shall procure ballot papers for use at the polls in the
nomination district as well as notices, cf. section 45(3). Within the
metropolitan constituencies the election committee shall procure ballot papers
and notices on the basis of the lists referred to in section 36(4) and (5). The
ballot papers and notices for use at the polls in the nomination districts of
the City of Copenhagen, which belong to Metropolitan Constituency 3, shall,
however, be procured on the basis of the communication referred to in section
42(2).
(2) The ballot paper shall contain the
names and letter designations of all parties with candidates to stand in the
multi-member constituency. The parties shall be listed in alphabetical order
according to their letter designations.
(3) The ballot paper shall furthermore
contain the names of all candidates who stand in the multi-member constituency.
Candidates standing for a party shall be listed together in a separate field
for the appropriate party and in the order specified in section 39(2) and
section 40(2). Candidates who stand as independents shall be listed below all
others in a separate field for these and in alphabetical order, however, in
such a way that candidates standing in the nomination district in question
shall be listed first.
(4) The Minister for the Interior shall
lay down detailed rules governing the contents and design of the ballot papers.
44.-(1) The election
committee shall see to it that the requisite number of ballot papers and
notices are delivered to the local council well ahead of the commencement of
voting.
Part 7
Voting on Election
Day
45.-(1) In each
polling district voting takes place at one polling station.
(2) The local council shall provide the
premises for the voting and the requisite number of voting booths and ballot
boxes. The voting booths must be designed to allow the voter to cast his vote
without being watched by others. Voting booths shall be provided with the
requisite tools for voting. Ballot boxes must be designed to prevent removal of
ballot papers without opening of the ballot box. Ballot boxes must be lockable
or sealable.
(3) At the polling stations notices
shall have been put up indicating all the names of parties and candidates in
the order listed on the ballot paper. For the parties, their letter
designations, too, shall be stated.
(4) The local council shall ensure that
the requisite preparations for the voting procedures have been made at each
polling station and that polling supervisors and appointed electors have been
briefed about their duties on election day.
46.-(1) Voting begins
at 0900 hours and proceeds until 2000 hours and for as long thereafter as
voters show up to cast their vote. Voting is over when no voter expresses his
wish to vote regardless that an invitation to vote is announced.
(2) Before the voting begins appointed
electors shall show those present that the ballot boxes are empty. Immediately
thereafter the boxes must be locked or sealed.
47.-(1) The right to
vote is exercised by personal appearance at the polling station. Before voting
a voter must turn over his poll card to the keeper of the electoral register.
Where a voter has omitted to bring his poll card a new one shall be written
out. Upon request the voter shall give his name, address and date of birth. In
case of doubt about the identity of a voter, the identity must be proven, if necessary
through production of documentation thereof. Then, and after the keeper of the
electoral register has ticked off the voter's name in the electoral register,
the voter is handed a ballot paper.
48.-(1) Voting takes
place in the voting booth which only the voter is allowed to enter. On the
ballot paper the voter enters a cross against the name of a party or the name
of a candidate.
(2) A voter may have his ballot paper
substituted if it has been incorrectly crossed off or become invalid through negligence.
Substitution cannot take place once the ballot paper has been put in the ballot
box.
(3) The vote cast, the voter shall fold
the ballot paper so that no one can see how he has voted. Next the voter shall
put the ballot paper in the ballot box under the supervision of an appointed
elector.
49.-(1) Voters who on
account of disability, poor health or for similar reasons are unable to walk
into a polling station or voting booth or in any other way are unable to vote
in the prescribed way, cf. section 48, may request the assistance needed to
cast their vote, cf. however subsection (3). This may call for the necessary
modifications of the prescribed procedure and may entail access to cast one's
vote immediately outside the polling station.
(2) Assistance in vote casting is
rendered by two polling supervisors or appointed electors. A blind or poorly
sighted voter may request the assistance of a person appointed by the voter
himself.
(3) Assistance to cross off the ballot
paper may be rendered only when the voter is able to indicate direct and
unambiguously to those rendering assistance the party or candidate for which he
wants to vote.
50.-(1) The polling
supervisors may decide that in addition to the persons in charge of the voting
procedure only voters about to vote may be allowed inside the polling station.
The polling supervisors may also limit the number of persons present when
considerations of order so dictate. Polling supervisors shall ensure that
voters are not subjected to electioneering in the voting premises or elsewhere
in the immediate vicinity. Persons present shall in all respects observe the
instructions of the polling supervisors.
51.-(1) Persons in
charge of the voting procedure may not during the voting advise a voter or
suggest a party or candidate to vote for. They shall not to unauthorised
persons state whether a voter has been present to cast his vote or provide any
other information about the voting of a voter.
(2) No unauthorised person shall check
systematically that voters show up and cast their vote.
52.-(1) Once the
voting is over, and before vote counting begins, ballot papers not handed out
and ballot papers returned in substitution are counted and bound in separate
packages. Then votes are counted in accordance with the provisions of sections
68-70.
Part 8
Advance Voting
Advance Voting in Denmark
53.-(1) Any voter who
is prevented from attending the polls on election day may vote in advance at
any national registration office in Denmark.
54.-(1) Voters who are
hospitalised or inmates of the following institutions may cast their votes in
advance in the institution:
hospitals;
nursing homes, including special
nursing homes, and sheltered homes operated as provided by the rules of the
Social Assistance Act;
day-care centres, institutions for
adults suffering from severe physical or mental handicaps operated as provided
by the rules of the Social Assistance Act, and 24-hour institutions for adults
operated as provided by experimental specifications of the said act. The local
council may decide, however, that advance voting shall not take place at a
day-care centre, or that advance voting in an institution shall take place
according to the rules of subsection (3) regarding advance voting in the home
instead.
(2) Voters being detained in an
institution under the Prison Service or a goal may cast their advance vote in
the institution.
(3) Voters who on account of illness or
disability are unable to turn up at a polling station may vote in advance in
their homes except where granted the opportunity of casting their vote in one
of the institutions or homes specified in subsection (1). Requests for advance
voting in the home must be submitted not later than twelve days prior to election
day at 1800 hours. Such request must be submitted to the national registration
office of the municipality where the applicant is staying.
(4) Voters resident in remote islands
which do not constitute a separate polling district, may cast their vote in the
island in advance.
55.-(1) Advance votes
under section 54(1)(i) and (2) shall be cast to two vote receivers who are on
the staff of the local administration or the institution.
(2) Advance votes under section
54(1)(ii) or (iii) and (3), shall be cast to two vote receivers chosen from
among the appointed electors, cf. section 30.
(3) In the islands referred to in
section 54(4) the local council shall appoint one or more electors to act as
receivers of advance votes.
56.-(1) In Denmark
advance voting can take place within the last three weeks prior to election
day, however, not later than on the last weekday but one preceding election
day.
Advance Voting in the Faroe Islands,
Greenland and Foreign Countries
57.-(1) Voters who are
staying in the Faroe Islands or Greenland may vote in advance at the Faroese or
Greenland national registration offices or with a vote receiver appointed by
the Minister for the Interior.
(2) Voters who are staying abroad may
cast their vote in advance with a Danish diplomatic or consular mission or with
a vote receiver appointed by the Minister for the Interior.
(3) Advance votes cast more than three
months prior to election day, shall not be considered.
(4) Once a general election has been
called, the Minister for the Interior shall see to it that the Danish
representations and other vote receivers abroad are notified hereof.
Advance Voting On Board Danish Ships in
Foreign Waters and Danish Off-shore Installations
58.-(1) Danish sailors
and passengers on board Danish ships in foreign waters and persons employed at
Danish off-shore installations may vote in advance on board the ship or at the
off-shore installation. The ship's master or the person appointed by the ship's
master, or the chief of the off-shore installation or the person appointed by
the chief, shall act as vote receiver.
(2) Advance votes cast more than three
months prior to election day, shall not be considered, cf. however subsections
(3) and (4).
(3) Sailors in Danish ships in foreign
waters, and their accompanying spouses may vote in advance on board the ship
from the day following a general election, their votes being valid for the next
general election.
(4) At Danish off-shore installations
in Danish territory advance voting can take place within the last three weeks
prior to election day, however, not later than on the last weekday but one
prior to election day.
59.-(1) Once a general
election has been called, the Minister for the Interior shall see to it that ship's
masters of Danish ships in foreign waters and chiefs at Danish off-shore
installations are notified accordingly.
(2) As soon as the ship's master of a
Danish ship in foreign waters is informed that a general election has been
called, the ship's master shall see to it that advance voting on board takes
place without delay. Advance voting procedures may, however, be dispensed with,
if, even using the fastest way of dispatch, the advance votes cannot be
expected to reach their destination before polling starts on election day, or
if compelling and urgent business so prevents. Similar rules shall apply to
Danish off-shore installations.
Advance Voting Material
60.-(1) The voting
material comprises a ballot paper, an envelope, a covering letter and a cover.
The Minister for the Interior shall decide the particular contents and design
of the advance voting material.
(2) The Minister for the Interior shall
procure the advance voting material. The advance voting material must be available
with the national registration offices and the Danish representations abroad
and on board Danish ships in foreign waters and at Danish off-shore
installations outside Danish territory at all times.
Advance Voting Procedure
61.-(1) Voters who
wish to cast their vote in advance must duly prove their identity to the vote
receiver. Hence the advance voting material will be issued, cf. section 60.
(2) The voter indicates on the ballot
paper the name or letter designation of a party which has candidates standing
in the multi-member constituency where the voter is on the electoral register.
If the voter wishes to cast his vote in favour of a particular candidate
standing in the appropriate multi-member constituency, the voter shall state
the name of the candidate, with the possible addition of the party name or
letter designation.
(3) The voter fills in the ballot paper
without being watched by others and puts it into the envelope. The voter then
fills in the covering letter and signs it in the presence of the vote receiver,
who certifies the casting of the vote.
(4) If the voter is unable to fill in
the ballot paper or to fill in and sign the covering letter, the vote receiver
shall provide the requisite assistance, cf. however subsection (5). If such
assistance has been rendered, it must appear from the covering letter.
(5) Assistance in filling in the ballot
paper may be rendered only when the voter is able to indicate direct and
unambiguously to the person rendering assistance for which party or candidate
the voter wants to vote.
(6) The envelope together with the
ballot paper and the covering letter shall be placed in the cover, which is
sent to the local council of the municipality where the voter is on the
electoral register. The cover shall indicate the name, birthdate and permanent
address of the voter.
62.-(1) Vote receivers
may not during the advance voting procedure advice a voter or suggest to him
which party or candidate to vote for. They shall not to unauthorised persons state
whether a voter has voted in advance or provide any other information about the
voting of a voter.
(2) No unauthorised person shall check
systematically whether voters cast their vote in advance.
63.-(1) The Minister
for the Interior shall lay down detailed rules governing the organisation and
undertaking of advance voting and procedures in connection with votes cast in
advance.
Receiving and Checking Advance Votes
64.-(1) The local
council shall note the reception time for an advance vote on the cover. The
number of advance votes received, the receiving dates, and the number of
advance votes which are being forwarded to other municipalities, cf. subsection
(2), and the appropriate date shall be entered in a logbook. The Minister for
the Interior shall lay down the rules for the contents and design of the
logbook.
(2) If, according to the address stated
on the cover, the sender is the resident of another municipality, the local
council shall forward the advance vote to the appropriate municipality without
delay.
(3) Once an election has been called,
the local council shall see to it that advance votes from voters having cast
their votes in advance prior to the calling of an election and later having
notified their removal to another municipality shall be forwarded to the new
municipality of residence.
(4) The local council shall collect and
count the number of advance votes for each polling district of the
municipality, in whose electoral register the senders are listed according to
their address on the cover. The local council shall see to it that the advance
votes are delivered to the polling supervisors at the polling stations within
the appropriate polling districts before polling starts.
65.-(1) The polling
supervisors shall examine the advance votes, if necessary on the day before
election day. The covers shall be opened and examined as to whether the advance
votes may be considered.
(2) An advance vote shall not be
considered if:
the sender is not on the electoral
register;
the sender died before election day;
the cover contains more than one
covering letter and one envelope;
the advance voting material used is not
identical with the material procured by the Minister for the Interior;
the prescribed procedure for advance
voting has not been complied with; or,
the advance vote has not been cast
within the time-limits specified in sections 56, 57(3) and 58(2) to (4).
(3) If more than one advance vote has
been received for due consideration from the same voter, the latest advance
vote shall be considered.
66.-(1) Where an
advance vote qualifies for consideration a mark is put down against the name of
the voter in the electoral register to indicate that the voter has cast an
advance vote. The unopened envelope and the covering letter are replaced under
the cover and retained until the voting is over. The covers are then removed
from the envelopes which are put into one of the ballot boxes. The envelopes
shall not be opened until the votes are counted.
(2) Where an advance vote fails to
qualify, the cause must be written on the cover and the unopened envelope and
the covering letter be replaced under the cover.
(3) Advance votes received by the
polling supervisors after the voting starts shall be marked by the time of
their reception and shall not be considered.
67.-(1) A voter having
cast an advance vote which has already been considered shall be prevented from
casting his vote in the polls on election day.
Part 9
Counting of the
Votes Cast in the Nomination District
68.-(1) When the
voting is over, the polling supervisors and the appointed electors shall count
the votes cast at the polling station. The counting is public. The number of
votes cast for each party and for each independent candidate shall be counted.
(2) A vote is cast for the party within
the field of which the voter has put his cross on the ballot paper. An advance
vote is cast for the party, whose name or letter designation the voter has
indicated on the ballot paper. If, on the advance ballot paper, the voter has
stated the name of a candidate standing for a party, the vote shall be regarded
as cast in favour of the party.
(3) A vote is cast for the independent
candidate against whom the voter has put his cross on the ballot paper. An
advance vote is cast for the independent candidate, whose name the voter has
indicated on the ballot paper.
69.-(1) A ballot paper
cast at the polling station shall be invalid if:
it is blank;
it cannot be definitely decided which
of the parties or which independent candidate the voter intended to favour with
his vote;
the ballot paper is assumed not to have
been handed out at the polling station; or,
the ballot paper has been given a
special mark of identification.
(2) An advance ballot paper shall be
invalid if:
it is blank;
it cannot be definitely decided
which of the parties or which independent candidate the voter intended to
favour with his vote;
the ballot paper only carries the name
of a candidate who is not standing in the multi-member constituency where the
voter is on the electoral register, or carries only the name of a party, which
has no candidates in the multi-member constituency in question;
an envelope contains something else or
more than one ballot paper;
the ballot paper is assumed not to have
been procured by the Minister for the Interior; or,
the ballot paper has been given a
special mark of identification.
(3) The polling supervisors shall
record in the poll book how many ballot papers they considered invalid and the
reasons for their judgment.
(4) Following presentation to the
parliamentary election scrutiny committee, the Minister for the Interior may
lay down detailed rules for assessment of ballot papers, including advance
ballot papers.
70.-(1) When the vote
count is over, the results of the count shall be recorded in the poll book, which
shall be signed by the polling supervisors and the results shall be announced
to those present. The chairman of the polling supervisors shall immediately
notify the chairman of the election committee of the results. In municipalities
comprising more than one nomination district, the chairman of the election
committee can decide that notice shall be given to one of the chairmen of the
polling supervisors in each nomination district.
71.-(1) When the
chairman of the election committee has received reports from all polling
stations in the nomination district, the votes reported are summed up.
Immediately after, the Minister for the Interior shall be given a report of how
many votes in the entire nomination district have been cast for each party and
for each independent candidate. The Minister for the Interior shall decide the
specific reporting procedure.
72.-(1) Not later than
on the day after the voting shall the local election committee assemble to
undertake the final counting of the votes cast in the nomination district
(recount). In nomination districts consisting of more than one municipality,
the election committee shall assemble in the constituency municipality. The
recount is public.
(2) The local council shall see to it
that the poll books, the used electoral registers and poll cards, the ballot
papers and the advance voting material are present at the recount. The local
council shall keep a copy of the poll books.
73.-(1) For each
polling district the election committee shall recount and reassess the ballot
papers according to the rules in sections 68 and 69. The results of the counts
shall be entered in the election records. Then the number of votes allocated to
each party and each independent candidate shall be summed up for the nomination
district as a whole. The result shall be entered in the election records and be
announced to those present.
(2) The number of votes for the
nomination district as a whole is tabulated concurrently, to establish the
allocation of votes in respect of each individual candidate, cf. subsections
(3) to (5).
(3) If the voter has put a cross
against the name of a candidate, or against both the name of a candidate and
the name of the party accommodating the candidate, the ballot paper shall be
deemed as cast in favour of such candidate (personal vote). Similar rules shall
apply if, on the advance ballot paper, the voter has indicated the name of a
candidate or both the name of a candidate and the name or letter designation of
the party accommodating the candidate.
(4) If the voter has put a cross
against the name of a party or within the party field in such a way that there
is doubt as to which of the party's candidates the voter intended to give his
vote, the ballot paper shall be deemed to have been cast in favour of the party
(party vote). Similar rules shall apply if, on the advance ballot paper, the
voter has indicated the name or the letter designation of a party or the names
of more than one candidate standing for the same party in the multi-member
constituency.
(5) In case of candidature by district,
the party votes according to subsection (4) shall be allocated to the party
candidate in the nomination district. In case of candidature in parallel the
party votes shall be distributed among the party candidates in the nomination
district in proportion to their number of personal votes, cf. subsection (3).
If two or more candidates have an equal title to a party vote, the Minister for
the Interior shall arrange to draw lots. If, in the nomination district, the
party does not have a candidate standing, the party votes shall not be
allocated to any candidate, but shall be listed separately as "other party
votes". If a party list has been registered, these votes shall, however,
be allocated to the candidate registered as the first candidate in the party
list in the multi-member constituency.
(6) The result of the counting and
allocation of the votes cast shall be entered in the election records and be
announced to those present.
74.-(1) All members of
the election committee shall sign the election records. The following items
shall be bound in separate packages
the ballot papers not handed out;
the ballot papers returned in
substitution;
the used blanks and other invalid
ballot papers;
the valid ballot papers, with the
personal votes for each candidate and the party votes for each party to be
separately packaged; and
the advance voting material.
(2) Each package shall be marked with
its contents and sealed The packages, the election records, poll books, poll
cards and electoral registers shall be kept as specified in section 104.
(3) The chairman of the election
committee shall send a copy of the election records to the Minister for the
Interior not later than on the day after the final counting of the votes. The
copy shall be certified by the chairman.
Part 10
Tabulation of the
Election
75.-(1) When the
Minister for the Interior has received the certified copies of all election
records, the overall tabulation of the election is made on this basis.
Allocation of Constituency Seats
76.-(1) The votes cast
for each party and each independent candidate in all nomination districts in a
multi-member constituency shall be summed up.
(2) Each number of votes appearing as a
result of the summation, cf. subsection (1), shall be divided by 1,4-3-5-7
a.s.o. until such number of divisions equivalent to the maximum number of seats
expected to be allocated to the party or the independent candidate has been undertaken.
The party or the independent candidate having the highest resulting quotients
shall be given the first seat in the multi-member constituency. The second
highest quotient entails the second seat and so on and so forth, until all
constituency seats in the multi-member constituency have been distributed among
the parties and the independent candidates. If there is a tie between two or
more quotients, lots shall be drawn.
Allocation of Compensatory Seats
77.-(1) Compensatory
seats shall be allocated to parties which have either
Obtained at least one constituency
seat; or,
in two of the three regions specified
in section 8(1) obtained at least a number of votes equivalent to the average
number of valid votes per constituency seat in the region; or,
obtained at least two per cent of the
valid votes cast in the whole of Denmark.
(2) The number of votes cast in favour
of each party in the whole of Denmark shall be computed for each of the parties
which are entitled to compensatory seats according to subsection (1). The total
number of votes for these parties shall be divided by the figure 175 with
deduction of the number of constituency seats which may have accrued to
independent candidates. Votes cast for each party shall be divided by the
resulting figure. The resulting quotients indicate the number of seats to which
each party is entitled in proportion to its vote. If these quotients are not
integers and, therefore, do not add up to the whole number of seats when
fractions are eliminated, the largest fractions shall be increased until the
number has been reached (method of the largest remainders). If two or more
fractions are of equal size, lots shall be drawn.
(3) If no parties have obtained more
constituency seats than the total number of seats to which the party is
entitled in proportion to its vote, cf. subsection (2), the allocation in
subsection (2) shall be final. Hence, the number of compensatory seats to be
allocated to the respective parties, shall be computed as the difference
between the party's total number of seats and its constituency seats.
(4) If a party has obtained more
constituency seats than the total number of seats to which the party is
entitled in proportion to its vote, cf. subsection (2), a second computation
shall be made. In this computation parties which have obtained a number of
constituency seats equivalent to or larger than the total number of seats to
which they are entitled in proportion to their votes shall be disregarded. For
the parties which are subsequently considered, the seats shall be allocated
according to similar rules .
(5) Where, by the second computation, a
party has obtained more seats than the number of seats to which the party is
entitled in proportion to its vote, cf. subsection (2), the party shall have
allocated the number of seats to which it is entitled in accordance with
subsection (2). The remaining seats shall be redistributed among the other
parties according to similar rules as in subsections (2) and (3).
Allocation of Compensatory Seats to
Parties by Region
78.-(1) For each of
the parties which are allocated compensatory seats according to section 77, the
number of votes cast for the party in each of the three regions shall be
computed.
(2) Each of these votes shall be
divided by the figures 1-3-5-7, a.s.o. Next, a number of the largest quotients
equivalent to the number of constituency seats obtained by the party in the
region according to section 76 shall be omitted.
(3) The region and the party which
subsequently has the largest quotient, shall have the first compensatory seat.
The region and the party which has the second largest quotient shall have the
next compensatory seat and so on and so forth. Where a region or a party has
obtained the number of compensatory seats it should have, cf. sections 10 and
77, the region or the party shall not be considered any further. The allocation
continues for the other regions and the other parties until all compensatory
seats have been distributed. If a party which has not received votes in all
three regions cannot be allocated the compensatory seats to which the party is
entitled by this distribution, these seats shall be allocated in advance to the
party in the regions where votes have been cast in its favour.
Allocation of Compensatory Seats to
Parties by Multi-member Constituency
79.-(1) In the
region(s) where a party has obtained compensatory seats according to section
78, the party's vote in the respective multi-member constituencies shall be
divided by the figures 1-4-7-10, a.s.o. In each multi-member constituency a
number of the largest quotients equivalent to the number of constituency seats
obtained by the party in the multi-member constituency shall subsequently be
omitted.
(2) The multi-member constituency which
subsequently has the largest quotient, shall have the first compensatory seat.
The next compensatory seat shall be allocated to the multi-member constituency
which has the second largest quotient and so on and so forth until the number
of compensatory seats which the party has obtained in the region has been
distributed.
(3) If, by distribution of compensatory
seats in regions or multi-member constituencies two or more quotients are of
equal size, lots shall be drawn.
Selection of Candidates
80.-(1) The count of
the votes in the respective nomination districts, cf. section 73(3) to (5),
shall establish which party candidates have been elected.
(2) For each multi-member constituency
the number of votes cast for each candidate, including the party votes
allocated to the candidate, shall be summed up, cf. section 73(5).
81.-(1) The candidates
are elected in the order of the size of their votes, as many as the party has
acquired seats in the multi-member constituency, cf. however section 82. In
case of a tie, lots shall be drawn.
82.-(1) If a party has
registered a party list in the multi-member constituency, cf. section 41(1),
the selection of the candidates who are elected shall proceed as follows:
total number of votes of the party in
the multi-member constituency, cf. section 76(1), shall be divided by a figure
which is the number of constituency and compensatory seats allocated to the
party in the multi-member constituency increased by one. The resulting figure
shall be increased, even if an integer, to the nearest integer. This figure is
hence the distribution figure of the party in the multi-member constituency;
if a candidate after the summation in
section 80(2) has obtained a vote in the multi-member constituency equivalent
to or higher than the distribution figure, the candidate is elected. If two or
more candidates have obtained the distribution figure, the candidates are
elected in the order of the party list;
if this is insufficient to fill the
seats acquired by the party in the multi-member constituency, the other
candidates are elected in the order of the party list, as many as the party
remains entitled to seats;
if none of the candidates have
obtained the distribution figure, the candidates are elected in the order of
the party list, as many as the party has acquired seats in the multi-member
constituency.
Election Returns and List of
Substitutes
83.-(1) The Minister
for the Interior shall prepare election returns for the candidates who have
been elected, subject to approval of the elections by the Folketing.
84.-(1) The Minister
for the Interior shall prepare a list of substitutes. The list shall state the
candidates who were not elected but who are entitled to join the Folketing as
substitutes, cf. section 92.
(2) For a party which has not received
compensatory seats, computations shall be made for the purpose of the list of
substitutes, similar to those specified in section 79.
85.-(1) The list of
substitutes shall be prepared separately for each region and for each party in
the region. Within each region the respective multi-member constituencies shall
be listed for each party by order of size of the quotients computed according
to section 79 and section 84(2) and which have not produced any compensatory
seat. The multi-member constituency having the largest of the quotients
specified shall be stated first. Next in line shall be the multi-member
constituency having the second largest quotient and so on and so forth.
(2) For each multi-member constituency
the candidates shall be included in the list of substitutes in the order of
their entitlement to join the Folketing as substitutes. The candidate having
received the highest number of votes without being elected shall be first on
the list. Next in line is the candidate having received the second largest
number of votes and so on and so forth, cf. however subsection (3).
(3) If a party list has been
registered, the order of the substitutes in the list shall be determined by the
order in which the candidates who have not been elected appear in the party
list.
86.-(1) The Minister
for the Interior shall send to the Folketing when it assembles:
copies of the election records received
from the election committees of all nomination districts, cf. section 74(3);
computations of the allocations of
constituency and compensatory seats, cf. sections 76 to 79;
tabulations that establish which
candidates have been elected, cf. sections 76 and 80 to 82;
list of substitutes, cf. sections 84
and 85.
Part 11
Parliamentary
Approval of the Election
87.-(1) The Folketing
shall decide the validity of the election of the candidates.
(2) The Folketing shall decide whether
the computations and tabulations which the Minister for the Interior has
undertaken, can be approved or whether the Minister for the Interior shall
arrange for new computations or tabulations. The Folketing may furthermore
order the Minister for the Interior to submit voting material, etc. to the
Folketing.
(3) The Folketing may order the
election committees to conduct a second review and tabulation of the voting
material or parts hereof used in the election for the Folketing, cf. section
72(2).
88.-(1) Any voter may
complain of general elections. Complaints are to be addressed to the Folketing
and submitted to the Minister for the Interior. Complaints must have been
received by the Minister for the Interior by the weekday after election day at
the latest.
89.-(1) If the
Folketing decides that the voting in a nomination district is void, the
approval of the candidates' election in the multi-member constituency in
question shall be deferred. The candidates in the multi-member constituency
shall, however, be regarded as legally elected until further notice. In that
case approval of all compensatory seats shall be only temporarily valid.
90.-(1) The Folketing
shall decide to which extent and in which way a second ballot shall take place.
In a second ballot only the persons with a right to vote and who were on the
electoral register on the ordinary election day may cast their vote.
(2) The Minister for the Interior shall
fix and announce the day for the holding of a second ballot.
(3) When a second ballot has taken
place, new computations and tabulations are conducted as necessary.
(4) Validity for second ballot is
concordant with that of the election on the ordinary election day.
91.-(1) If the
Folketing decides that an elected candidate is not eligible, the appropriate
substitute shall enter, cf. section 92.
92.-(1) A substitute
shall enter the Folketing as a Member when a Member of the Folketing ceases to
be a Member, and in all other respects according to the rules thereon laid down
in the standing orders of the Folketing.
(2) If a party does not have
substitutes to fill a vacant seat in a multi-member constituency, the seat
shall be carried over to the multi-member constituency in the region of the
nearest entitlement to the seat, cf. section 85(1).
(3) If there is no substitute for the
party in the region, the seat shall be carried over to the multi- member
constituency in the other two regions taken together where the party has the
largest quotient which did not give a compensatory seat according to
computations in sections 79 and 84(2). The seat shall be carried over to the
region in which this multi-member constituency is situated.
(4) If, by the rules of subsections (1)
to (3), there is no substitute, the Folketing shall decide whether to hold a
by-election, cf. section 93.
93.-(1) If a
by-election has been held, the election of the new Member shall be valid for
the remainder of the period of validity for the elections on the ordinary
election day.
Part 12
Referendums
94.-(1) The provisions
in this part shall apply to referendums called in pursuance of the Act of the
Constitution section 20(2), section 29(2) and section 42.
95.-(1) The President
of the Folketing shall notify the Prime Minister and the Minister for the Interior
about a referendum to be held on a parliamentary bill or a bill having received
the Royal Assent.
(2) The Prime Minister shall announce
the bill or the act in the Official Gazette stating the day of the referendum.
A referendum according to the Act of the Constitution section 20(2) and section
42 shall be held no sooner than 12 and not later than 18 weekdays after its
announcement.
(3) A referendum takes place in the
same polling districts as do general elections.
96.-(1) Any person
with a right to vote in general elections and who has been included in the
electoral register is entitled to participate in referendums.
(2) When the day for a referendum has
been fixed, the local council shall prepare an electoral register of the voters
of the municipality and send out poll cards in accordance with the rules of
part 4 regarding general elections.
(3) Within 10 days prior to the
referendum the Minister for the Interior shall announce the day and time for
the voting and the sending out of poll cards in accordance with the rules of
part 4 regarding general elections.
97.-(1) Not later than
when the day for a referendum has been fixed shall an election committee,
polling supervisors and appointed voters be chosen in accordance with the rules
of part 5 for general elections and with the assignments specified in this
part, subject to the modifications implied by the character of the vote.
(2) In referendums the election
committee and the polling supervisors shall keep special election records and a
special poll book, respectively, (reporting sheets). The Minister for the
Interior shall lay down the rules governing the contents and design of the
reporting sheets.
98.-(1) In
referendums, the words "Yes" and "No" shall be printed,
clearly separated, on the ballot papers.
(2) The Minister for the Interior shall
lay down detailed rules governing the contents and design of the ballot papers.
99.-(1) On polling
day, voting procedures shall be in accordance with the rules of part 7
regarding general elections, cf. however subsections (2) and (3).
(2) In the casting of votes, voters who
are in favour of the bill or the act shall put a cross against the word
"Yes" on the ballot paper, while voters who are opposed shall put a
cross against the word "No". Voters shall receive guidance about this
through notices put up in the voting booth.
(3) If, on the same day, a vote is
taken on two or more bills or acts, special ballot boxes shall be provided at
each polling station for each vote. The voter shall receive a ballot paper for
each vote. The voter shall take all ballot papers into the voting booth and
after casting his vote shall place them in the appropriate ballot boxes.
100.-(1) In
referendums, advance voting is possible in accordance with the rules of part 8
regarding general elections, cf. however subsections (2) and (3).
(2) The words "Yes" and
"No" shall be printed, clearly separated, on the advance ballot
papers.
(3) Voting procedures shall be as
specified in section 99(2).
101.-(1) Closing down
of the voting at the polling station, the preliminary and final counting of
votes and reporting to the Minister for the Interior on the vote shall take
place in accordance with the rules of part 9 regarding general elections,
subject to the modifications implied by the character of the vote, cf. however
subsection (2).
(2) A ballot paper, including an
advance ballot paper, shall be invalid if::
it is blank;
it is not crossed in accordance with
section 99(2);
the ballot paper is assumed not to have
been handed out at the polling station;
the advance ballot paper is assumed not
to have been procured by the Minister for the Interior;
an advance voting envelope contains
something else or more than one ballot paper; or,
the ballot paper has been given a
special mark of identification.
(3) Following presentation to the
parliamentary election scrutiny committee, the Minister for the Interior may
lay down detailed rules for assessment of ballot papers.
102.-(1) The Minister
for the Interior shall tabulate the result of the referendum and publish it in
the Official Gazette.
103.-(1) Any voter may
complain of referendums. Complaints are to be addressed to the Folketing and
submitted to the Minister for the Interior. Complaints must be received by the
Minister for the Interior by the weekday after the vote at the latest.
Part 13
Other Provisions
104.-(1) The election
records, poll books, electoral registers, poll cards, ballot papers and other
voting material which the election committee has received in connection with
general elections or referendums shall be kept by the local council. In
nomination districts consisting of more than one municipality the election material
shall be kept by the local council of the constituency municipality.
(2) Each local council shall keep a
copy of the poll books and any other voting material which the local council
has received.
(3) The electoral registers, poll
cards, ballot papers and the copies of the poll books shall be destroyed at the
expiry of the time allowed for complaints, cf. sections 88 and 103, and any
complaints about the election have been finally decided. Other voting materials
shall be kept in accordance with the filing provisions of the Local Government
Act.
105.-(1) Expenses in
connection with general elections and referendums are defrayed by the
municipalities, cf. however subsections (2) and (3). Expenses defrayed by the
constituency municipality in advance, shall be distributed by the chairman of
the election committee among the municipalities of the nomination district in
proportion to the latest published population figures.
(2) Expenses for the advance voting
material shall be defrayed by the Treasury.
(3) Stamp expenses for forwarding of
advance votes shall be defrayed by the authority, institution, ship or
off-shore installation which the vote receiver represents.
106.-(1) Unless liable
to more serious punishment by other statutes, the person who commits an offence
under sections 51, 59(2) or 62 shall be subject to a fine or simple detention.
(2) Rules issued by statutory order may
provide for the punishment by a fine in respect of offences against the
regulatory provisions.
107.-(1) The Minister
for Justice may lay down rules preventing electioneering from taking place in
or fronting public roads or open spaces in disturbance of the peace. The rules
may specify punishment by fine for violation of the regulatory provisions.
CHAPTER II
Remuneration and
Pension, etc
Part 14
Remuneration,
Pension and Other Considerations of Members of the Folketing
108.-(1) The Members
of the Folketing shall receive a remuneration consisting of a basic fee and a
supplement in compensation of the costs incurred by undertaking to be a Member
of the Folketing (cost allowance). The basic fee is an amount equivalent to the
salary of a civil servant in income bracket 49, including general allowance at
all times. The cost allowance, which is not included in the taxable income,
totals an annual basic amount of DKK 29,253 as of January 1st 1988 for Members
with residence in Copenhagen or within a distance of 45 km from the Copenhagen
central station, DKK 39,582 annually for Members with residence in the counties
of Zealand (with boundaries set as of November 1st 1969) in excess of 45 km
from Copenhagen central station, DKK 73,409 annually for the other Members and
for Members elected in the Faroe Islands and Greenland a further DKK 11,241.
(2) The basic amounts fixed for the
cost allowance in subsection (1) shall be increased or reduced for each full
six point variation in excess of 242.0 in the net price index for January 1988
and subsequently by 2.5 per cent. Any surplus points shall stand over to the
next adjustment. Adjustments take place on the basis of the net price index for
January and July for the periods April 1st to September 30th and October 1st to
March 31st, respectively.
(3) Any Member of the Folketing shall be
under an obligation to receive the remuneration fixed in subsection (1), cf.
subsection (2).
109.-(1) An ordinary
Member shall receive a remuneration from the day he is elected; or, if he has
become a Member because another Member has died or has retired from the
Folketing, the remuneration shall be paid counting from the day following that
on which the previous Member died or retired from the Folketing, and until the
end of the month in which the ordinary Member shall cease to be a Member of the
Folketing.
(2) An ordinary Member, whose
membership ceases through a general election, or who on account of illness
retires from the Folketing, shall in addition receive a basic fee
(supplementary fee), which is granted for a period of one month for each whole
year the former Member has been a Member of the Folketing or a representative
to the European Parliament taken together, counting a term of membership in
which the former Member has been a Member of both the Folketing and the
European Parliament as one. The supplementary fee is granted for at least 6
months and a maximum of 12 months. In extraordinary cases where health,
financial or social conditions of the former Member so dictate, the Presidium
of the Folketing may nevertheless decide to accord a supplementary fee for a
further up to 12 months. The term of membership of the European Parliament,
previously included in fixing the period of a supplementary fee in accordance
with the Act on Remuneration, Pension and Other Considerations for the Danish Representatives
to the European Parliament, shall not be included in fixing the period as
specified in the first and second sentence. No supplementary fee is receivable
for periods in which the former Member receives basic fee in accordance with
the Act on Remuneration, Pension and Other Considerations for the Danish
Representatives to the European Parliament.
(3) An ordinary Member who, on account
of illness, temporary public service abroad or stationed in the Faroe Islands
or Greenland on similar business, requests and is granted leave shall preserve
the right to remuneration and pension seniority during the period of leave.
(4) An ordinary female Member who
requests and is granted maternity leave on account of pregnancy and birth,
shall preserve the right to remuneration and pension seniority during the
period of leave.
(5) An ordinary male Member who
requests and is granted maternity leave for up to 14 days from the child is
received in the home and further for a period of up to 10 weeks counting from
the expiry of 14 weeks after the child was born, shall preserve the right to
remuneration and pension seniority during the periods of leave. As far as the
latter period is concerned it is a condition, however, that the mother has an
income which entitles her to a daily subsistence allowance, cf. the Act on
Daily Subsistence Allowance on Account of Illness or Birth, and that she waives
the allowance for the same period.
(6) An ordinary Member seeking
permission to adopt a child and who requests and is granted leave for up to 24
weeks after receiving the child in accordance with the provisions of the
authorities investigating the adoption whereby the person must be absent from
work in connection with the reception shall preserve the right to receive remuneration
and pension seniority during the period of leave. If adoption is applied for
together with a spouse, it is a condition, however, that the spouse has an
income entitling to a daily subsistence allowance, cf. the Act on Daily
Subsistence Allowance on Account of Illness or Birth, and that the spouse will
renounce daily subsistence allowance for the period for which leave is applied
for.
(7) An ordinary Member who is also a
Member of the Faroese Lagting or the Greenland Landsting, and who on account of
temporary absence as a consequence of participation in the meetings of the
Lagting or the Landsting and in meetings of committees in immediate connection
herewith requests and is granted leave, shall preserve the right to receive
remuneration and pension seniority during the period of leave.
(8) An ordinary Member who, for reasons
other than those stated in subsections (3) to (7) requests and is granted
leave, shall not receive remuneration during the period of leave and this
period shall not be included in the calculation of pension seniority.
(9) A temporary Member who has entered
on the occasion of a Member's leave, shall receive remuneration and obtain
pension seniority from the day the Folketing has decided to summon him,
however, not earlier than from the day when the said leave starts to run and
until the day the temporary membership ceases.
(10) A temporary Member who requests
and is granted leave shall not receive remuneration and does not obtain pension
seniority during the period of leave.
110.-(1) A Member of
the Folketing shall be entitled to a pension of his own when he has been a
Member of the Folketing, during one or more periods, for at least one year. The
pension is paid from expiry of the period for which the basic fee has been paid
if the Member in question had at that time completed his 60th year, and
otherwise from the day when he attains this age. In extraordinary circumstances
where the health, financial or other social conditions so dictate, the
Presidium of the Folketing may nevertheless decide to accord a former Member
who has not completed his 60th year a pension the size of which shall be fixed
individually.
(2) Own pension for each full
membership year amounts to 5 per cent of the highest own pension paid to a civil
servant in income bracket 49 at any time. The highest own pension is obtained
after 20 years of membership.
(3) A retired Member of the Folketing
who again becomes a Member of the Folketing, shall not receive a pension during
the period for which a basic fee shall be paid. Neither is a pension payable in
the periods where he receives a basic fee in pursuance of the Act on
Remuneration, Pension and Other Considerations for the Danish Representatives
to the European Parliament.
111.-(1) The spouse left
by a deceased Member of the Folketing who has been a Member of the Folketing,
during one or more periods, for at least one year, shall, regardless of the
Member of the Folketing being at his death entitled to a pension and regardless
of whether or not he had at this time ceased to be a Member of the Folketing,
have a right to spouse's pension unless the marriage was contracted after the
deceased became 60 years of age or on the deathbed, or after the deceased was
no longer a Member of the Folketing.
(2) The spouse's pension for every full
membership year amounts to 5 per cent of the highest spouse's pension according
to a civil servant of income bracket 49 in force at any time. Highest spouse's
pension is attained on the basis of 20 years of membership.
(3) If the age of the deceased spouse,
after deduction of the number of years, which the marriage lasted, exceeds the
longest-living spouse's age at the death of the first deceased by more than 10
years, the spouse's pension shall be reduced by 2 per cent for each year the
difference exceeds 10 years, according to subsection (2).
(4) A spouse's pension is granted when
the spouse advances such request. If the request is received within three
months of the death, the pension shall be granted from the day after the death
and otherwise from the first day of the month following the reception of the
request. However, the pension can be granted not sooner than from the day after
the last day for which a basic fee or supplementary fee has been or will be paid.
(5) The right to a spouse's pension is
unaffected by separation having taken place. With regard to preservation of the
right to a spouse's pension in case of divorce the rules governing civil
servants shall similarly apply.
(6) If a surviving spouse of a Member
of the Folketing, according to the above rules, is entitled to more than one
spouse's pension from the Folketing, only the highest spouse's pension shall be
paid out.
112.-(1) The
provisions of the Civil Servants Pensions Act section 8, cf. section 2(2) and
section 11(2) and section 12(2) shall equally apply to own pensions and
spouse's pensions according to the present Act. The spouse's pension shall,
however, be subject to the provision in the present Act section 111(3).
113.-(1) With regard
to orphans' pension allowance and orphans' pension the provisions in part 4 in
the Civil Servants Pensions Act shall similarly apply. Orphans' pension
allowances or orphans' pensions shall, however, according to the present Act,
not be granted to the extent such pension amounts are being paid on account of
employment by a Member of the Folketing as a civil servant or any position of
the character specified in section 118(3).
114.-(1) When
calculating the pensions etc. referred to in sections 110 to 113 periods of
membership of the European Parliament shall be treated in the same way as
periods of membership of the Folketing, provided always that periods where the
appropriate Member at one and the same time was a Member of the Folketing and
the European Parliament shall count as one. The pension is calculated and paid
by the Folketing, if the term of membership of the appropriate Member of the
Folketing is longer than the term of membership of the European Parliament and
otherwise by the Ministry of Finance, cf. the Act on Remuneration, Pension and
Consideration for Danish Representatives to the European Parliament.
115.-(1) With regard
to supplementary income the provisions of part 6 in the Civil Servants Pensions
Act shall equally apply, inasmuch, however, as the basic fee specified in
section 108(1) second sentence shall replace the salary and income from
employment specified in part 6 of the Civil Servants Pensions Act.
116.-(1) The
provisions for adjustments of pensions and supplementary income in section
27(1) and (2), in the Civil Servants Pensions Act shall equally apply in the
adjustment of pensions and supplementary income in accordance with the present
Act.
117.-(1) With regard
to co-ordination with pensions under social legislation part 9 in the Civil
Servants Pensions Act shall equally apply, inasmuch, however, as the fixed
deduction for each membership year specified by section 29 of the said act
shall amount to 1/20 of the highest deduction of 74 per cent of the basic
amount of the national pension.
(2) In the cases referred to in section
118 deductions shall be made according to the present section 117(1), only to
the extent, however, deductions in accordance with the rules of part 9 in the
Civil Servants Pensions Act have not already been made in calculating the
pension granted together with the pension from the Folketing.
118.-(1) Provisions in
legislation or special statutes to the effect that a civil servant is not
entitled to take up any other position to which a right of pension is attached,
shall not prevent a civil servant from obtaining his right to a pension as a
Member of the Folketing while preserving his position as a civil servant.
(2) Own pension and spouse's pension
shall be paid according to the present Act as limited according to
specifications in subsections (3) and (4), salary or pension from the treasury
accruing to the appropriate person notwithstanding, and shall be without
influence on the right to receive such salary or pension. The same applies if
the appropriate person receives salary or pension from a position in the
Folkeskole (municipal primary and lower-secondary school) or the Established
Church of Denmark or from a position in local government service, a
concessionary company, other government activities or from a state-subsidised
pension fund.
(3) If a Member of the Folketing is
entitled to own pension from a position as civil servant or from a position in
the Folkeskole, the Established Church of Denmark, a municipality, a concessionary
company, other government activities or from a state-subsidised pension fund,
the total own pension hence accruing to the appropriate person, shall not
exceed the highest own pension obtainable according to the Civil Servants
Pensions Act and own pension from the Folketing shall in such event be reduced
by the surplus. The same applies to the pension paid by the European Parliament
to a former Member. If a retired Member of the Folketing is entitled to a
salary from a position with pension entitlement as stated in the first
sentence, the total salary and pension shall not exceed the highest civil
servant salary with a pension entitlement, and the pension from the Folketing
shall in such event be reduced as specified in the first sentence, inasmuch,
however, as the salary shall replace the pension in the computation.
(4) If a surviving spouse of a Member
of the Folketing has a claim to a spouse's pension deriving from the
appointment of the deceased to a civil servant position or a position in the
Folkeskole, the Established Church of Denmark, other government activities or
from a state-subsidised pension fund, the joint spouse's pension, which shall
be given to the surviving spouse, shall not exceed the highest pension which a
spouse can obtain according to the Civil Servants Pensions Act, and the
spouse's pension from the Folketing shall in such event be reduced by the
surplus. The same shall apply to the spouse's pension paid by the European
Parliament on account of membership of the deceased.
(5) In the cases referred to in
subsections 3 and 4 the reduction in pension from the Folketing shall be
computed on the basic amounts, at the time of computation, for the salaries and
pensions included in the computation, and the reduced basic amount of the
pension from the Folketing resulting from the computation shall be supplemented
by index-linked and other pension allowances according to the rules governing
civil servants pensions at all times. If the computation includes salaries and
pensions which are adjusted in other ways than the civil servants salaries and
pensions, the salary or pension amount shall be reduced by an amount equivalent
to adjustment in the civil servants area at the time of computation and the
salary or pension amount thus reduced shall hence be included in the
computation of the reduction of the pension from the Folketing instead of the
above basic amount.
119.-(1) The Presidium
of the Folketing shall be entitled, upon request, to accord former Members of
the Rigsdag, who before April 1st 1946 ceased to be Members of the Rigsdag, and
the widow or widowers of such Members an annual allowance, the amount of which
shall be decided by the Presidium.
Part 15
Remuneration,
Pension and Other Considerations of the President of the Folketing
120.-(1) The President
of the Folketing shall be entitled to remuneration according to the same rules
as apply to remuneration for Ministers.
(2) Remuneration cannot be received
together with a salary, severance pay or pension deriving from a position as a
Minister or a civil servant.
121.-(1) The President
of the Folketing shall be entitled to severance pay according to the same rules
as apply to Ministers.
(2) Severance pay cannot be received
together with remuneration, severance pay or pension deriving from a position
as Minister, and neither together with a pension deriving from a civil servant
position.
122.-(1) The President
of the Folketing shall be entitled to a pension according to the same rules as
apply to Ministers.
(2) If a President enjoying a pension
is appointed as Minister, the President's pension shall be forfeited.
(3) For a person who has been both
President and Minister, the pension shall be fixed as one amount and the
pensionable age shall be the combined terms of service.
123.-(1) The surviving
spouse of a President of the Folketing shall be entitled to a pension according
to the same rules which apply to the surviving spouse of a Minister. The
provision in section 122(3) shall also apply.
(2) Spouse's pension according to
subsections (1) and (2) shall not, in connection with a spouse's pension
deriving from a civil servants position, exceed the highest spouse's pension
obtainable according to the Civil Servants Pensions Act.
124.-(1) Where a
President of the Folketing on assuming his post holds positions in Government
or private enterprises, undertakings or institutions, these must be abandoned.
If, in the opinion of the President, the discharge of such functions does not
present difficulties in the performance of
his duties as a President, and he
desires to keep one or more of these, he must immediately notify a
parliamentary committee set up for the purpose in writing. Within 14 days upon
receipt of the information the committee may refuse to grant the President
permission to maintain such functions. Upon expiry of this period the President
must inform the Folketing which functions he is allowed to undertake.
(2) During the performance of his
presidency, the President shall be prevented from taking up any new positions
of the nature specified in subsection (1).
125.-(1) If a civil
servant is chosen as President of the Folketing, his former position as a
government employee may be kept occupied by appointment ad interim for his term
of service, if deemed compatible with the responsible discharge of the position
and as far as and so long as it is permissible to uphold appointment ad interim
for the position. The Prime Minister shall inform the committee specified in
section 124 on this point, and action shall be in conformity with subsection
(1) of the said section, however, the information referred to in the fourth
sentence shall be given by the Prime Minister through the President of the
Folketing.
CHAPTER III
Commencement of the
Act
Part 16
Commencement,
Amendments and Transitional Provisions
126.-(1) This Act
shall take effect as from July 1st 1988. Section 127 shall, however, take
effect on the day after announcement of the Act in the Gazette.
(2) The Folketing (Parliamentary)
Election Act, cf. Promulgation Order No. 418 of September 22nd 1980, as
subsequently amended by this Act, shall be repealed on July 1st 1988. However,
section 6 shall not be comprised by the provision of the first sentence.
(3) Part 14 of this Act shall not apply
to the Members of the Folketing whose entire term of membership was prior to
October 1st 1986 and the dependants of such Members. With regard to pensions on
account of membership as referred to in the first sentence, the rules prevailing
up till now shall continue to apply.
Given at Christiansborg Palace, May
13th 1987
Under Our Royal Hand and Seal
Margrethe R. / Knud Enggaard
Act No. 271 of May 13th 1987, latest
amendments added on April 10th 1991