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Article 95
 

§ 1. Each electoral district consists of a district electoral committee, vote counting sites and polling stations.


§ 2. The district electoral committee is established in the chef-lieu of a district and presided by:


1° the chairman of the court of first instance or his representative in the chef-lieu of the electoral district, which is at the same time the chef lieu town of the judicial district;


2° the justice of the peace in the chef-lieu of the electoral district which is also the chef-lieu of a judicial district;


3° the justice of the peace or his representative of the judicial district in which chef-lieu of the electoral district is located, for all the other cases.


§ 3. The chairman of the district electoral committee is on principal responsible for the supervision of the electoral operations in the entire electoral district. He immediately informs the chairman of the central electoral committee about any circumstances needing his attention. He centralizes the results of the tallying of the votes that takes place in the municipalities on district level.


§ 4. The chairman of the district electoral committee appoints:


1° the heads of the vote counting sites;
2° the heads of the polling stations;
3° the assessors and deputy assessors of the vote counting sites;
4° the assessors and deputy assessors of the polling stations.


The heads of the polling stations are appointed no later than on the 30th day before the Election Day. The heads, assessors and deputy assessors of the vote counting sites are appointed the latest on the 12th day before the Election Day. The chairman of the district electoral committee immediately communicates these appointments to the concerned persons and the municipal authority.


These persons are appointed in the following order:


1° the magistrates of the legal system;
2° the trainee barristers;
3° the barristers and the trainee barristers in order of their registration in the table and the list of trainees;
4° the solicitors;
5° the bailiffs;
6° The relevant office holders from the State, the Municipalities, or the Regions and the office holders of an equivalent standing to the provinces, municipalities, public social aid centers, all the organisms of public interest mentioned or not in the law of 16th March 1954 on the control of certain organisms of public interest or public companies, autonomously stipulated by the law of 21st of Marc 1991 to reform certain public companies.
7° teaching staff;
8° volunteers;
9° if needed, the appointed persons among the voters of the electoral constituency.


The authorities employing persons mentioned in the previous sentence under 6° and 7°, communicate the name, first names, residence and professions of those persons to the municipality administration where they have their main residence.


§ 5. Whoever eludes from the appointed duties described in the previous paragraph without valuable motives; or compromises by his fault, imprudence or neglect of all kinds the mission that was confided to him, is subject to a fine of 50 to 200 euros.


§ 6. In case one of its chairmen is prevented or absente during the electoral operations, the committee completes itself. If the members of the committee do not arrive at an agreement on the choice to be made, the vote of the eldest member is deciding. The decision is mentioned in the protocol.


§ 7. The district electoral committee consists of the chairman, four assessors, four deputy assessors chosen by the chairman among the voters of the chef-lieu of the district, and a secretary appointed according to the provisions in article 100.


§ 8. The vote counting sites are located in the chef-lieu of the electoral district and execute their operations per municipality of the district. They consist of the head, four assessors, four deputy assessors and a secretary appointed according to article 100.


§ 9. The polling stations consist of a head, four assessors, four deputy assessors and a secretary appointed according to article 100. The assessors and deputy assessors are appointed by the chairman of the district electoral committee from the voters of the section having reading and writing skills, at least twelve days before the elections.


§ 10. The chairman of the district electoral committee informs the assessors and the deputy assessors within 48 hours after their nomination by registered mail. If they are prevented from fulfilling their duty, they must inform the chairman of the central electoral committee within 48 after having been informed about their nomination. If the number of those accepting is not sufficient to constitute the office, the chairman completes the number according to § 9.


An assessor or deputy assessor shall be punished by a fine of 50 to 200 euros if he does not respect the fixed deadline to communicate his reasons for being prevented or if he was absent without legitimate reasons.


The chairman of the district electoral committee informs every head of the polling stations about the nomination of the assessors and deputy assessors for his office.


§ 11. The candidates shall not be part of an office.


§ 12. According to article 105, during the second month before the election or as soon as the date of the vote is known as mentioned in article 106, the Council of burgomasters and lay judge prepares two lists:


1° the first contains those persons suitable for any of the functions mention end in § 4, 1st sentence, 1° to 3°. This list is transferred to the chairman of district electoral committee at least 33 days before the day of the elections.


2° the second contains voters who might be suitable for those functions according to § 9 in order to have 24 persons per voting section. This list can only contain names of the persons listed under 1°.
It is then send to the chairman of the district electoral committee at least 15 days before the elections.
The persons who are considered to be suitable shall be informed.