Home > 6.1 Names and logos > BELGIUM - Electoral Code
 
 
 
Download file    
 
 
Article 123
 

The depositor of the admitted or refused lists, or if necessary, one of the candidates on the list, may until the 24th day before the election day, between 2.00pm and 4.00pm at the place where the presentations of the candidates are handed in, deliver to the chairman of the central electoral committee of the constituency who acknowledges receipt, a disquisition contesting the irregularities that have been retained at the temporary closure of the candidate’s lists or claimed the following day. If the claimed irregularity concerns the ineligibility of a candidate, the disquisition can only be handed in in the same conditions.
If applicable, the persons mentioned in the previous sentence, may deliver a counterstatement or a complementary statement.


The counterstatement or complementary statement can only be handed in if in case of a presentation document, one or several candidates figuring on the presentation, have been eliminated for one of the following reasons:


1° an insufficient number of legal signatures from presenting voters;
2° a too high number of incumbent or substitute candidates;
2°bis absence of or a too low number of substitute candidates
3° lack of regular authorization;
4° lack of or insufficient explanations related to the name, first names, birthdate, profession, main residence of the candidates or the voter authorized to hand in the document;
5° non-respect of the rules concerning the classification of candidates or the classification of their names;
6° non-respect of the provisions on the balanced constitution of the lists mentioned in article 117.1;
7° Non-respect of the provisions on the acronym and the logo mentioned in article 116, § 4, second sentence.


With the exception of certain cases stipulated in 2°bis and in 6° of the precedent sentence, the capitulatory or complementary act may not contain the name of a new candidate. Only in the case mentioned in 6° of the previous sentence may he change the order in the eliminated presentation.


The reduction of too many incumbent or substitute candidates can only be achieved through a written declaration of a candidate withdrawing his declaration of acceptance.


The new substitute candidates suggested according to sentence 3, 2°bis, and the new incumbent or substitute candidates suggested according to sentence 3, 6°, have to accept in a written declaration the candidature that is offered to them.


The valid signature of the voters and the accepting candidates as well as the regular statement on the eliminated presentation are confirmed, if the rectified or complementary document is accepted.