Part 1

Franchise and Eligibility

1.-(1) Franchise for the local council and the regional council is held by every person who, on election day, is above 18 years of age, perma­nently resident in the municipality or region, respectively, and who also-

(i) is a Danish citizen;

(ii) is a national of another member state of the European Union, cf. however subsections (3) and (4);

(iii) is a national of Iceland or Norway, cf. however subsections (3) and (4); or

(iv) has uninterruptedly been permanently resident in the realm for the past three years prior to election day, cf. however subsections (3) and (4).

(2) Franchise for the local council and the regional council is furthermore held by every person who, on election day, is above 18 years of age, is a citizen of another member state in the European Union and is registered with the Protocol Department of the Ministry of Foreign Affairs.

(3)Notwithstanding subsection (1)(ii)-(iv), the following persons are not entitled to vote:

(i) any foreign national whose residence permit under section 7 or section 8(1) or (2) of the Aliens Act (udlændingeloven) has lapsed, cf. section 32(1) or section 21b(1) of the Aliens Act, but who cannot be deported by virtue of section 31 of the Aliens Act;

(ii) any foreign national whose application for a residence permit has been rejected under section 7 or section 8(1) or (2) of the Aliens Act, but who cannot be deported by virtue of section 31 of the Aliens Act;

(iii) any foreign national who has been expelled by final judgment under sections 22-24 or section 25c of the Aliens Act;

(iv) any foreign national who has been expelled by final judgment under sections 25-25b of the Aliens Act; and

(v) any foreign national who was, on registration with the Civil Register as a newcomer to Denmark, committed directly to one of the institutions of the Danish Prison and Probation Service, cf. section 17(4) of the Civil Registration System Act (lov om Det Centrale Personregister).

(4) Subsection (3)(i)-(iv) is applicable from the date of registration of the relevant judgment or decision with the Danish Immigration Service or the police. Subsection (3) is applicable until the foreign national is granted a residence permit or certificate or is relieved therefrom under the Aliens Act or regulations issued by virtue of such Act.

(5) Persons who according to the rules of the Civil Registration System (CPR) fulfil the conditions for registration as residents in the municipality shall be considered to be permanently resident in the municipality or the regional council, respectively, in which the municipality is situated.

1a.-(1) Subject to reciprocity the Minister for Economic Affairs and the Interior may enter into an agreement with another country to the effect that persons who are nationals of that other country without simultaneously being a Danish citizen shall be accorded franchise at an earlier date than stated in section 1(1)(iv).            

(2) After entering into an agreement under subsection (1), the Minister for Economic Affairs and the Interior shall determine not later than 10 weeks prior to election day the period of time for uninterruptedly being permanently resident in the realm required to apply to nationals of that country living in Denmark as a condition for being accorded such franchise.

2.-(1) No one shall exercise the right to vote without being in­cluded in the electoral register.

(2) Any person included in the electoral register but no longer permanently resident in the municipality or region, respectively, shall not be entitled to vote.

3.-(1) Eligibility for the local council and the regional council is accorded to anyone holding the right to vote in local and regional elections, and who not later than Friday 46 days prior to election day or, if this is not the case, not later than noon Monday 43 days prior to election day fulfils the conditions for eligibility, except for the condition as to age and the condition as to the preceding period of being permanently resident in the realm, cf. however section (4).

3a.-(1) Subject to reciprocity the Minister for Economic Affairs and the Interior may enter into an agreement with another country to the effect that persons who are nationals of that other country without simultaneously being a Danish citizen shall be accorded eligibility after uninterruptedly being permanently resident in the realm for a period of less than four years.

(2) After entering into an agreement under subsection (1), the Minister for Economic Affairs and the Interior shall determine not later than 10 weeks prior to election day the period of time for uninterruptedly being permanently resident in the realm required to apply to nationals of that country living in Denmark as a condition for being accorded such eligibility.

4.-(1) Notwithstanding section 3, the following persons are not eligible on account of punishment, cf. however subsections (3) and (4):

(i) any person who has, by final judgment, been given an unsuspended or suspended prison sentence;

(ii) any person who has, by final judgment, been sentenced to placement in an institution or commitment to safe custody under sections 68-70 of the Criminal Code (straffeloven); and

(iii) any person whose driving licence has been suspended by final judgment or extrajudicial measure under section 126 of the Traffic Act (færdselsloven).

(2) Final judgment under subsection (1) means

(i) any judgment issued by the Supreme Court of Denmark;

(ii) any judgment against which no appeal was brought within the period normally allowed for appeal;

(iii) any judgment which cannot be appealed to a higher court without special permission, and where the period normally allowed for submission of an application to the Danish Appeals Permission Board has expired without an application being submitted; and

(iv) any judgment which cannot be appealed to a higher court without special permission, and where the Danish Appeals Permission Board has rejected the application for permission to appeal to a higher court.  

(3) A punishment, cf. subsection (1), will not result in the forfeiture of eligibility when a period of three years has passed since the sentence has been served, repealed, remitted or has lapsed, cf. however section 101(6). If the punishment is an unsuspended prison sentence for more than six months, or if the relevant person has been sentenced to safe custody, however, the period is five years. In case of a suspended prison sentence or unconditional suspension of the driving licence, time begins to run on the date of the final judgment. In case of an extrajudicial measure to suspend the driving licence unconditionally, time begins to run on the date of such extrajudicial measure. However, a suspended prison sentence will not result in the forfeiture of eligibility beyond the term of office within which the final judgment is issued.

(4) However, a person will always have the right to stand in elections regardless of lack of eligibility on account of punishment.

5.-(1) No person can stand in an election without having consented thereto.

6.-(1) Members of local councils and regional councils are elected for four years. Their seats do not lapse, how­ever, until a new election has taken place.

(2) Elections for local councils and regional councils shall be held on the third Tuesday in November 2009. Thereafter on the third Tuesday in November 2013 and so on.

(3) The election period runs from January 1st. All members shall resign by December 31st in the year of the new election, cf. however section 97(2).

6a.-(1) The number of members of local councils shall be laid down in the by-laws, cf. section 5 of the Local Government Act. The local council must approve any amendments to the by-laws changing the number of members, cf. section 2(2) of the Local Government Act, not later than 1 August in the election year that they may become effective from the subsequent election period.

Part 2

Electoral Registers and Poll Cards

7.-(1) Voters shall be included in the electoral register in the municipality where they have permanent residence. Upon request persons holding a franchise under section 1(1)(ii) without being registered as a resident in the Civil Registration System (CPR) are entered on the electoral register in the municipality in which they legally reside. Persons holding a franchise under section 1(2), are entered upon request, cf. however subsection (2), on the electoral register in the municipality in which they have their private address.

(2) Persons holding a franchise under section 1(2) will however be automatically entered on the electoral register if the persons in question

(i) were entered on the electoral register in Denmark at the most recently held local and regional government elections,

(ii) since without interruption have been registered with the Protocol Department of the Ministry of Foreign Affairs, and

(iii) have not requested to be deleted from the electoral register.

8.-(1) In election years the local council shall prepare an electoral register of the voters of the municipality. The register shall be prepared for each polling district in the municipality. The electoral register consists of a main register and one for newcomers.

(2) The main register shall include the voters who have settled in the municipality not later than on the Monday 15 days prior to election day and who not later than on this date have notified the municipality where they have taken up their new residence of the change of address.

(3) The list of newcomers shall include voters who have not been entered in the main register and who have settled in the muni­cipality not later than on the Tuesday 7 days pri­or to election day and who not later than on this date have notified the municipality where they have taken up their new residence of the change of address.

(4) Voters who not later than on the Monday 15 days prior to elec­tion day have relocated within the municipality and who not later than on this date have reported their relocation to the municipality shall be included in the main register under their new address. Voters relocating within the municipality later than on the Monday 15 days prior to election day, or who have reported their relocation to the municipality after this date shall remain included in the electoral register under their former address.

(5) The Minister for Economic Affairs and the Interior lays down detailed rules for entry in the register of persons holding a franchise under section 1(1)(ii) without being registered as a resident in the Civil Registration System (CPR) or under section 1(2) and on their notification of taking up residence in another municipality and moving abroad.

9.-(1) The main registers shall be prepared on the basis of data contained in the Civil Registration System (CPR), data on persons who hold a franchise under section 1(1)(ii) without being registered as a resident in the Civil Registration System (CPR) or under 1(2), and data on foreign nationals who are not entitled to vote according to section 1(3) and (4).

(2) Registers of newcomers may be prepared from data available in the Civil Registration System (CPR) and data on persons who hold a franchise under section 1(1)(ii) without being registered as a resident in the Civil Registration System (CPR) or according to section 1(2).

(3) Electoral registers shall contain the voter’s name, birth date, address and serial number and have a space for marking.

(4) The local council may decide that one or more or all polling districts shall use an electronic electoral list.

(5) The Minister for Economic Affairs and the Interiormay lay down detai­led rules for the preparation of electoral registers and their design.

10.-(1) As soon as the electoral register has been prepared, the local council shall issue poll cards for the vo­ters listed in the register. The local council shall nonetheless only issue poll cards upon request to voters who have no permanent place of residence, but who in accordance with the rules of the Civil Registration Act are registered in the municipality as having vacated their former place of residence.

(2) The poll card must contain information about the voter’s name, address, and number in the electoral register and about the location of the polling station and day and time of voting. Poll card­s issued to voters listed in the newcomers’s regi­ster must also contain the information that the poll card supersedes any previously issued poll card.

11.-(1) Not later than on the Saturday 10 days prior to elec­tion day the local council shall, on the local council’s website and in local dailies or papers, publish that poll cards will be sent out to the voters and that complaints about not having received poll cards or having received cards with erroneous content shall be addressed to the local council.

12.-(1) The local council shall immediately consider the complaints specified­ in section 11 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 about relocation from the municipa­lity, death cases, or the acquisition or forfeiture of Danish citizenship, respectively or foreign nationals who are or no longer are covered by the rules of section 1(3) and (4). If a voter has relocated to another municipality within one and the same region and if the voter is not admitted to the electoral register of the new municipality, cf. section 8(2) and (3), the electoral register shall carry a remark that the voter is only entitled to vote in the regional election.

Part 3

Election Committees, Polling Supervisors and Appointed Electors

Election Committees

13.-(1) Not later than on the Tuesday thirteen weeks prior to election day shall an election committee be chosen for each municipality and region.

(2) The election committee discharges the following tasks-

(i) receives and approves lists of candidates and announcements of coalition lists and election coalitions;

(ii) procures ballot papers and notices;

(iii) supervises the final count (recount) of the votes cast, cf. however subsection (3); and

(iv) supervises the tabulation of the election.

(3) The local election committee supervises the recount of votes cast in both local and regional elections. The regional election committee may undertake a renewed recount of votes cast in the regional election, either of the entire vote or parts thereof, cf. section 80.

14.-(1) The election committee shall consist of not less than five and not more than seven members. Members of the election committee are elected by the local council or the regional council, respectively, by pro­portional representation. The group appointing a member shall also appoint a substitute. The mayor or the regional mayor, respectively, is chairman of the election committee. In municipalities governed by a corporation or by a multilevel administrative body, cf. sections 64 and 64a in the Local Government Act, the municipality may adopt by-laws to provide that a member of the corporation or a committee chairman shall be a member and not the mayor. Other members and substitutes are chosen from among the members of the local council or the regional council, respectively.

(2) A member of the local council or the regional council, including the mayor or the chairman of the regional council, respectively, standing in the election, is eligible for the election committee as a member or substitute.

(3) The local council or the regional council, respectively, elects from among the members of the election committee a vice-chairman of the election committee. The vice-chairman shall discharge the duties of the chairman in the latter’s absence.

15.-(1) The chairman of the election committee prepares, convenes and conducts the meetings of the election committee. Decisions by the election committee are taken by majority vote. In the event of an equality of votes 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 an election and the results thereof are entered. The local election com­mittee shall keep separate election records for the local and regional elections. The Minister for Economic Affairs and the Interior shall lay down the rules governing the content and design of the election records.

Polling Supervisors

16.-(1) For each polling district, cf. section 51, the local council shall elect not less than five and not more than nine polling supervisors to conduct the polling 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) A voter standing in the election is eligible as a polling supervisor.

(4) From among the polling supervisors the local council elects a chairman for each polling district. The chairmen are elected by proportional representation.

(5) 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. Separate poll books are kept for local and regional elections. The Minister for Economic Affairs and the Interior shall lay down the rules governing the content and design of the poll books.

(6) The chairman of the polling supervisors shall ensure that a sufficient number of polling supervisors are always present at the polling station immediately before and during the election process, cf. section 52, and during the subsequent counting of votes, cf. section 74(1), to ensure an appropriate election process and counting of votes. A majority of the appointed polling supervisors shall, however, always be present at the polling station during the election process and the subsequent counting of votes. The polling supervisors shall obey the directions of the chairman of the polling supervisors. All polling supervisors shall be present when the poll book is signed, cf. section 76(1), 1st sentence.

Appointed Electors

17.-(1) The local council shall elect a number of appointed electors to assist in the election. Appointed electors are elected by proportional representation in one step from among all voters residing in the municipality.

(2) The regional council may elect a number of appointed elec­tors to assist in a renewed recount of votes cast in the regional election. The election follows the rules referred to in subsection (1).

(3) A voter standing in the election is eligible as an appointed elector by the local council or the regional council, respectively.

Common Rules

18.-(1) Any voter is under duty to assume the task of polling supervisor or appointed elector. Polling supervisors and appointed electors are obliged to make themselves familiar with their tasks and, if the local council so requests, to attend a meeting before the election day in order to receive the necessary instructions etc.

(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 or her sub­stitute shall join the election committee. In the ab­sence of a polling supervisor the group in the local council responsible for his or her appointment shall appoint a new polling supervisor or a new appointed elector.

(3) Allowances are granted to members of the election committee, polling supervisors and appointed electors for their assistance during the election process, including for instruction prior to the election day of polling supervisors and appointed electors on their tasks, cf. subsection (1), 2nd sentence. Allowances are paid according to the rules laid down in the Local Government Act. Notwithstanding, the local and regional councils respectively can decide in a meeting that allowances shall not be granted, or that the allowances granted shall be a different amount than what follows from the rules laid down in the Local Government Act. The allowances paid per day can nevertheless not exceed the quintuple of the amount laid down in the Local Government Act for meetings that do not exceed 4 hours.

Part 4

Lists of Candidates in Elections

General Provisions

9.-(1) Those nominated for elections are entered in lists of candidates.

(2) A list of candidates for local elections shall be signed by a minimum of 25 voters in the municipality as suppor­ters. For local council elections in the municipalities of Aarhus, Odense and Aalborg, however, the minimum number of supporters is 50 and in the City of Copenhagen 150.

(3) A list of candidates for a regional election shall be signed by not less than 50 voters in the region as supporters. Lists of candidates must be signed by a number of supporters not to exceed the equivalent of half the minimum number of supporters in the region. 

(4) The election committee shall, on request, exempt the lists of candidates which won representation on the local council or the regional council in the last local council election or regional council election and which are still represented on the local council or regional council, respectively, on the Tuesday nine weeks prior to the election day, from the requirement to collect signatures from a minimum number of supporters, cf. section 19(2) and (3) .

20.-(1) A supporter shall fulfil the conditions of franchise for the local council or the regional council, respectively. The franchise conditions, except for the condition regarding age and the condition regarding the duration of being prior permanently resident in the realm, must, however, be fulfil­led not later than on the Friday 46 days prior to election day or, if this is not the case, or otherwise at noon on the Monday 43 days prior to election day.

(2) Any person who is a supporter of more than one list of candidates shall be considered a supporter of none of the lists. A candidate shall not be a supporter of a list of candidates on which he himself or she herself appears as a candidate.

21.-(1) A list of candidates shall state a maximum of four names in addition to the number of members to be elected in the municipality or region, respectively, cf. however subsection (2).

(2) The total number of candidates on lists of candidates entering into a list coalition, cf. section 37, shall not exceed the number of members to be elected in the muni­cipality or region, respectively, by more than eight.

(3) No one shall be a candidate on more than one list, cf. section 30.

22.-(1)

Not later than the Tuesday 13 weeks prior to election day, the municipal council or the regional council, respectively, announces on the municipality's or region's website and in the local daily newspapers or local newspapers

(i) the number of members to be elected;

(ii) the number of supporters of a list of candidates;

(iii) the earliest and final date for submission of lists of candidates, cf. section 23(1), 1st -3rd sentences; and

(iv)day and time of the election.

(2) The announcement according to subsection (1) shall furthermore briefly specify which persons have a right to exercise such franchise and to stand as a candidate in the local or the regional elections, respectively, including the conditions for foreign nationals residing in the municipality or region, respectively, to be accorded these rights.

Submission of Lists of Candidates

23.-(1) Not later than noon on the Tuesday seven weeks prior to election day shall lists of candidates be submitted to the chairman of the election committee. A list of candidates shall not be submitted before the Tuesday nine weeks prior to election day. Lists of candidates requesting exemption from the requirement to collect signatures from a minimum number of supporters under section 19(4) shall, however, be submitted to the chairman of the election committee not later than by 12 noon on the Tuesday nine weeks prior to the election day and not earlier than on the Tuesday eleven weeks prior to the election day. Lists of candidates shall be submitted on a form approved by the Minister for Economic Affairs and the Interior.

(2) Any person submitting a list of candidates is entitled to a receipt stating the day and the time of handing in the list.

23a.-The management of the list of candidates shall, on or before submission of the list of candidates, notify the chairman of the election committee of the name of the representative of the list who is authorised to exercise the powers of the list of candidates in connection with the submission and revocation of the list of candidates and the registration of and withdrawal from list and election coalitions and whom the election committee may contact in matters concerning the list of candidates. The representative may be a supporter of or candidate on the list or neither. The named representative shall be deemed to be authorised in relation to the election committee until the management of the list of candidates notifies the chairman of the election committee that a new representative has been named. In connection with the notification of a new representative, the management of the list of candidates shall provide information on the name, address and contact information of such new representative.

24.-(1) The list of candidates shall be signed by the individual candidates and must contain information about the full name, CPR num­ber, nationality, occupation and address of the individual candidates.For candidates who are eligible for election and who hold a franchise under section 1(1)(ii) without being registered as a resident in the Civil Registration System (CPR), date of birth must be stated instead of CPR number, and the candidate list must be accompanied by information on whether the candidate is registered on the electoral roll or has submitted a request to that effect, cf. section 7(1) 2nd sentence.  Instead of the CPR number, the date of birth must be stated for eligible candidates who hold a franchise according to section 1(2). If a candidate does not want his or her full name to appear on the ballot paper, it must be indicated how the name is desired to appear. A candidate’s last name or middle name and at least one first name or initial must al­ways appear. Only middle and last names which a candidate is entitled to use under the Names Act, or middle names recorded in the Civil Registra­tion System (CPR), are allowed to appear 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.

(2) Candidates shall appear on the list of candidates in the order in which they are desired to appear on the ballot paper. The list of candidates shall contain information as to whether candidates stand in a specific order (party list), cf. section 86, or whether they stand in pa­rallel, cf. section 85.

(3) The list of candidates shall contain information about the list designa­tion of the list of candidates, cf. sections 24a-24c. Candidates shall approve list designations by their signatures.

(4) The list of candidates shall be signed by the representative of the list of candidates, cf. section 23a, and contain information on the name, address and contact information of the representative.

24a.-(1) Lists of candidates for a party which on August 1^st in the election year is entitled to stand in general elections shall as list designation use the name of the party in general elections or a designation in which this name forms a part. This provision shall apply correspondingly to lists of candidates of the German minority party.

(2) As list designation other lists of candidates shall not use the name of any of the parties specified in subsection (1) or any designation in which this name forms a part, or a designation that may cause confusion of the list of candidates with the lists of candidates for one of these parties.

(3) Single letters (A, B, C, etc.) are not permitted as list designation, nor is any combination of letters which do not form a word (RV, CD, SF, KRF, etc.).

(4) A list designation is not permitted if by final judgment it is established or there are other reasons to assume that somebody else on a basis different than the rules in subsection (2) holds an exclusive right to the list designation. The list designation may however be approved if the holder of the exclusive right has consented to the list designation being used by the list of candidates.

(5) If by final judgment it is established or there are other reasons to assume that somebody else on a basis different than the rules in subsection (2) holds an exclusive right to the list designation for an approved list of candidates, cf. section 27, and if the holder of this exclusive right does not consent to the list designation being used by the list of candidates, the election committee may revoke the approval. The list of candidates shall not be entitled to participate in the election.

24 b. If multiple candidate lists have been submitted with the same list designation that is not covered by section 24a(2-4), and is not covered by subsection (7), the election committee decides which candidate list or candidate lists cannot use the specified list designation, cf. subsection (2-6). This section’s 1st sentence does not prevent candidate lists from using the same list designation with the addition of a designation indicating a particular local or other affiliation.

(2) At the decision of the election committee pursuant to subsection (1), a candidate list, which at the last election obtained representation in the municipal council or the regional council under the specified list designation, and which, 11 weeks prior to election day, is still represented in the municipal council or the regional council under the stated list designation, has preference to use this list designation.

(3) If it is not possible to determine which candidate list has preference to use the specified list designation after subsection (2), a candidate list, which stood for election under the specified list designation in the latest election, and where at least half of the candidate list's previous candidates stand for election again, has preference to use the specified list designation at the decision of the election committee pursuant to subsection (1).
(4) If it is not possible to determine which candidate list has preference to use the specified list designation after subsection (2) or (3), a previously submitted candidate list precedes a later submitted candidate list at the decision of the election committee according to subsection (1).
(5) If it is not possible to determine which candidate list has preference to use the specified list after subsection (2-4), the election committee makes a draw.
(6) The election board shall immediately and no later than the Saturday 45 days prior to election day, decide pursuant to subsection (1). The election board rejects candidate lists that cannot use the specified list designation, cf. (1), and notifies the candidate list's representative, cf. section 23a, of this. The decision is registered in the election book, and a printout of this is sent to the candidate list's representative, cf. section 23a. No later than noon on the Monday 43 days prior to election day, a new candidate list can be submitted to the chair of the election committee, cf. 27 (2) 2-4th sentence and (3).
(7) If several candidate lists are submitted with the same list designation, the chair of the election committee rejects candidate lists that are obviously not valid, cf. 27(3).

24c.- Section 24b shall similarly apply if there is an obvious risk of confusion between the list designations of several submitted candidate lists that are not candidate lists for the parties mentioned in 24a(1).

25.-(1) The list of candidates shall be signed by the required number of voters as supporters, cf. section 19(2) and (3). The supporters shall sign either the list of candidates proper or copies thereof. Copies, if appropriate, shall be at­tached to the original before the list of candidates is submitted. However, lists of candidates which are exempt from the requirement to collect signatures from a minimum number of supporters under section 19(4) shall not include signatures from supporters.

(2) The list of candidates shall contain information about the name, CPR num­ber and address of individual supporters. For supporters who who hold a franchise under section 1(1)(ii) without being registered as a resident in the Civil Registration System (CPR), date of birth must be stated instead of CPR number, and the candidate list must be accompanied by information on whether the supporter is registered in the electoral register or has submitted a request to that effect, cf. section 7 (1) 2nd sentence.Instead of the CPR number, the date of birth must be stated for supporters who hold a franchise according to section 1(2).

(3) By their signatures, the supporters accept that the relevant list of candidates stands for local or regional government election with the candidates listed at the date of signing and the specified designation of the list of candidates, cf. sections 24a-24c.

(4) By his or her signature, the representative of the list of candidates, cf. section 23a, approves the candidates on the list of candidates if the list of candidates is exempt from the requirement to collect signatures from a minimum number of suporters, cf. section 19(4).

(5) The representative of the list of candidates, cf. section 23a, may subsequently make changes to the order and the layout of the list of candidates, cf. section 24(2), and delete one or more candidates from the list of candidates before the list of candidates is submitted to the chairman of the election committee.

26.-(1) A submitted list of candidates may be revoked by all supporters jointly if communicated to the chairman of the election committee not later than noon on the Monday 43 days prior to election day. A voter who as supporter has signed a list of candidates shall not be allowed to revoke his or her signature separately once the list has been submitted to the chairman of the elec­tion committee.

(2) A candidate cannot withdraw his or her consent to stand as a candidate after the list of candidates has been submitted to the election committee.

26a.-After expiry of the time allowed for submission of lists of candidates requesting exemption under section 19(4) from the requirement to collect signatures from a minimum number of supporters, cf. section 23(1), 3rd sentence, the election committee shall not later than by 12 noon on the Tuesday eight weeks prior to the election day notify the list of candidates whether the election committee grants the list of candidates exemption from the requirement to collect signatures from a minimum nuber of supporters.

Election Committee’s Approval of Lists of Candidates

27.-(1) After expiry of the time-limits for submission of lists of candidates, cf. the 1st and 3rd sentence of section 23(1), the election committee shall examine whether the lists of candidates submitted in time are valid, cf. sections 19, 20, 23-24a and 25. The election committee shall al­so examine whether the candidates on individual lists can be approved or whether any candidates should be deleted from the lists of candidates, cf. sections 28 to 31.

(2) If the election committee finds that a list of­ candidates must be declared invalid on account of material deficiencies or that one or more candidates are to be deleted from a list under the rules laid down in sections 28 to 30, the election committee shall not later than on the Saturday 45 days prior to election day inform the contact accordingly. Not later than noon on the Monday 43 days prior to election day may the deficiencies be remedied or a new list of candidates be submitted, cf. however subsection (3). The chairman of the election committee shall then decide on the vali­dity of the list of candidates and on the approval of the candidates. The decision is entered in the election records and a transcript dispatched to the contact, cf. section 23a.

(3) The chairman of the election committee may refuse to accept lists of candidates which are obviously not valid, cf. sections 19, 20, 23-24a and 25.

(4) If on a list of candidate a candidate appears who is not a Danish citizen, the election committee shall inform the candidate in question whether the appropriate list of candidates and the appropriate candidature have been approved.

28.-(1) A candidate who does not fulfil the eligibility condi­tions laid down in section 3 shall be deleted from a list of candidates.

29.-(1) A candidate who has not consented to stand as a candidate by signing the list of candidates shall be deleted from the list of candidates.

30.-(1) No person may stand as a candidate on more than one list of candidates. A candidate who has signed more than one list of candidates cannot be deemed to be a candidate on any of the lists of candidates.

31.-(1) Where the number of candidates on a list of candidates exceeds the number specified in section 21(1), the election committee shall delete any excess candidates from the list. The candidate whose name appears at the bot­tom of the list is first deleted, next the second lo­west, and so on.

(2) Where the total number of candidates on lists of candidates entering into a list coalition exceeds the number of candidates specified in section 21(2), the number of candidates on individual lists shall be reduced pro­portionately, cf. subsection (3). Excess candidates shall be de­leted as specified in subsection (1).

(3) Where a proportional distribution does not produce integers and therefore, when the fractions are eliminated, does not produce the number of candidates allowed, the largest frac­tions shall be increased until the number has been reached. Where two or more lists of candidates are equal­ly entitled to a candidacy, the election committee shall arrange to draw lots.

(4) The names of candidates deleted under the provisi­ons of subsections (1) to (3) shall be entered in the election records and a transcript shall be dispatched to the representative of the list of candidates, cf. section 23a.

Letter Designations of Lists of Candidates

32.-(1) The election committee shall assign to approved lists of candidates a letter designation according to the rules in sections 33 to 36. The lists of candidates shall appear on the ballot paper by their letter designation and in alpha­betical order according to this designation.

33.-(1) Lists of candidates whose list designation is the name of a party which on August 1st in the election year is entitled to nomination in national elections or in whose list designation such name is included, shall be assigned the letter designation of the party in national elections. Similar rules shall apply to lists ­of candidates whose list designation is the name of the German minority party or list designations in which such name is included.

(2) Letter designations covered by the rules of subsection (1) shall not be assigned to other lists of candidates.

(3) Soonest possible after the date specified in subsection (1) the Minister for Economic Affairs and the Interior shall publish the letters assigned to the parties specified in subsection (1) in the Official Gazette.

34.-(1) Lists of candidates not covered by the rules of section 33 shall be assigned one of the letter designations that have not been reserved under the rules of section 33(2). However, the letter X shall not be assigned to any list of candidates.

(2) If multiple candidate lists, except for a designation that indicates a special local or other affiliation, cf. section 24 b (1) 2nd sentence, have the same list designation, they shall be assigned the same letter designation if they so request.

(3) A written request for assignment of the same letter designation must be submitted to the chairman of the election committee and handed in together with the lis­t of candidates. Such request shall for each list of candidates be signed by the representative of the list of candidates, cf. section 23a.

35.-(1) Where several lists of candidates are to be assigned the same letter designation, a digit shall be added to the letter designation (A.l, A.2, A.3 etc.) in the order in which the lists are handed in.

36.-(1) Where a letter designation cannot be assigned to all lists of candidates covered by the rules of section 34, the following shall apply-

(i) a previously submitted list of candidates shall take precedence over one submitted later in regard to allocation of letter designation;

(ii) lists of candidates which have not been assigned any letter designation shall be listed at the bottom of the ballot paper in alphabetical order according to their list designation.

List and Election Coalitions

37.-(1) Lists of candidates which have been assigned the same letter designation may support each other by entering into a list coalition. Such lists of candidates shall en­ter only one list coalition.

38.-(1) Lists of candidates which have not been assigned the same letter desig­nation may support each other by entering into an elec­tion coalition. Each list of candidates shall be permitted to enter into one election coalition only.

(2) Lists of candidates having entered into a list coalition are consi­dered as one list of candidates when the provisions of subsection (1) are applied.

39.-(1) Lists of candidates having entered into list or election coalitions are considered as one list of candidates in the tabulation of the number of seats won at the election by each list of candidates, cf. section 81(2).

(2) Lists of candidates having entered into list coalitions shall appear in the same field on the ballot paper, cf. section 46(3).

40.-(1) A written announcement of list and election coalitions shall be submitted to the chairman of the election committee not later than noon on the Monday 43 days prior to election day. For each list of candidates the announcement must be signed by the representative of the list of candidates, cf. section 23a.

41.-(1) A list of candidates may be withdrawn from an announced list coalition or election coalition. A written statement of­ withdrawal from the announced list or election coa­litions shall be submitted to the chairman of the election committee not later than noon on the Monday 43 days prior to election day. The statement shall be signed by the representative of the list of candidates, cf. section 23a.

(2) Withdrawal of a list of candidates from participation in a coalition does not imply that the coalition becomes annulled for other participants in the coalition. The same shall ap­ply in the event of deficiencies in the announcement of a coalition.

42.-(1) In the event that a list or election coalition has be­en announced in contravention of the rules laid down in sections 37 or 38, the following shall apply-

(i) where several list coalitions have been entered into by lists of candidates which have been assigned identical letter designa­tions none of the list coalitions shall be considered as en­tered into;

(ii) where a list of candidates or list coalition has en­tered into several election coalitions the list of candidates or the list coalition shall be considered a parti­cipant of none of the coalitions;

(iii)where an election coalition includes several lists of candidates which have been assigned identical letter designations none of the lists of candidates shall be considered a participant in the election coalition except where the lists of candidates are also included in one list coalition.

43.-(1) The approved lists of candidates, including the names of all candidates as well as information about announced list and election coalitions for the local and regional government elections,are made public by the local council. This shall take place on the municipality’s website and by putting up a public notice at the places in the municipality, where any voter may vote in advance, cf. section 59, after expiry of the time-limit for announcement of list and election coalitions.

(2) The municipal election committee informs the municipal council of the approved candidate lists, including all the candidates' names and notified coalitions for the local government election. The regional election committee informs the regional council and the municipal councils of the region of the approved candidate lists, including all the candidates' names and notified coalitions for the regional government elections. The regional council announces the information mentioned in the 2nd sentence on the region's website.

(3) The lists of candidates, including information on the individual candidates and the layout of the lists of candidates, cf. sections 23-25, their request for allotment of a letter designation, cf. section 34, and their announcement of list and election coalitions, cf. sections 37 and 38, shall not be made publicly available until the approved lists of candidates have been announced under subsection (1).

Identification of Applicants for Grants under the Grants to Political Parties Act

44.-(1) A list of candidates being submitted to the chairman of the election committee may be accompanied by a report stating the association or voters in a municipality or region, respectively, which shall be entitled on behalf of the list of candidates to apply for and receive grants under the Grants to Political Parties Act. The report which must be in writing must be signed by the representative of the list of candidates, cf. section 23a.

(2) In the absence of a report according to subsection (1) the rules of the Act referred to shall apply in respect of applicants who are entitled to apply for and receive grants on behalf of a list of candidates.

Ballot Papers 

45.-(1) The ballot paper shall show the letter designation and list designation of all approved lists of candidates for local or regional elections, respectively. The ballot paper shall moreover show the names of all approved candidates on the lists of candidates, cf. however section 48.

46.-(1) Lists of candidates shall appear on the ballot paper in sepa­rate fields, cf. however subsection (3). The fields are listed in alphabetical order according to letter designation. Lists of candidates which have not been assigned any letter designation, cf. section 36, shall be stated at the bottom of the ballot paper in alphabetical order according to the list designation.

(2) Where several lists of candidates have been assigned the same letter designation the lists shall be shown in numerical order according to the digit following the letter designation.

(3) Lists of candidates who have entered into list coalitions shall appear in one field. Within this field individual lists of candidates shall appear in spaces next to each other under the joint letter and list designations.

47.-(1) The names of the candidates shall appear in the fi­eld or space of the ballot paper, respectively, of the list of candidates in question. The names of candidates shall appear in the or­der specified on the list of candidates, either in vertical order or in columns next to each other. Where candida­tes stand in a specific order (party list) a number shall be placed before the names of candidates reflecting such order.

48.-(1) Where the size and legibility of the ballot paper make such action necessary the Minister for Economic Affairs and the Interior may upon ap­plication from an election committee approve that the names of can­didates do not appear on the ballot paper for local and regional elections, respectively. Where ­the names of candidates do not appear on the ballot paper, such ballot paper must be designed so as to leave a space open for a voter to enter a candidate’s name in the field or space, respectively, of each list of candidates.                       

(2) An application from an election committee pursuant to subsection (1) shall be dispatched to the Minister for Economic Affairs and the Interior soonest possible after expiry of the time-limits for submission of lists of candidates, cf. 1st and 3rd sentence of section 23(1).

(3) In connection with granting the approval pursu­ant to subsection (1) the Minister for Economic Affairs and the Interior shall lay down the specific rules governing the voting on election day, cf. sections 51(3), 54(1) and (2), and 55(4) and the rules governing the counting of the votes cast, cf. section 74, which are to apply as a result of the non-appearance of the names of candi­dates on the ballot paper.

49.-(1) The Minister for Economic Affairs and the Interior shall lay down specific rules governing the content and design of the ballot paper.

50.-(1) The regional election committee or the municipal election committee, respectively, shall arrange for the delivery of ballot papers and notices for the regional election or the local election, respectively, to the relevant local councils in the requisite number not later than on the Sunday two days prior to election day.

Part 5

Voting on Election Day

51.-(1) Voting takes place within the same polling districts as in general elections. 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 or her vote without being watched by others. Voting booths shall be supplied with the requisite tools for voting. Ballot boxes must be de­signed so as to prevent removal of ballot papers without opening of the ballot box. Ballot boxes must be lockable or sealable. Each polling station must have se­parate ballot boxes for local and regional elections.

(3) Notices specifying all approved lists of candidates for the local and regional elec­tions shall be placed in the voting premises, with indication of the letter and list designations of these lists and with the names of candidates appearing in the order shown on the ballot paper. Notices shall also provide information about list and election coalitions.

(4) The local council shall ensure that the requisite preparations for the voting have been made at each polling station and that polling supervisors and appointed electors have been briefed about their duties on election day.

52.-(1) Voting begins at 8:00 am, cf. however subsection (2), 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 or her wish to vote regardless that an invitation to vote is announced.

(2) For the islands of Agersø, Anholt, Askø, Avernakø, Barsø, Birkholm, Bjørnø, Baagø, Drejø, Egholm, Endelave, Fejø, Femø, Fur, Hjarnø, Hjortø, Lyø, Mandø, Nekselø, Omø, Orø, Sejerø, Skarø, Strynø, Tunø, Venø og Aarø, the local council may decide at a meeting held not later than 15 days prior to the election day that the ballot on the island shall not begin until 9:00 am if there is a polling station on the island.

(3) 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.

53.-(1) The right to vote is exercised by personal appearance at the polling station. Before voting a voter must turn over his or her poll card to the kee­per of the electoral register. Where a voter has omit­ted to bring his or her poll card a new one shall be written out. The kee­per of the electoral register shall demand that the voter states his/her date of birth. Additonally, the voter shall give his or her name and address upon request. 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 one ballot paper for the local election and one ballot paper for the regional election.

(2) Where a voter wishes to use only one of the bal­lot papers handed to him the unused ballot paper shall be returned to the appointed elector, who shall register the ballot paper as returned.

53 a.-(1) On application a voter may cast his vote on election day at a different polling station in his residential municipality from the one to which the voter is affiliated according to the electoral register, cf. section 8, if a voter’s disability or poor health justifies the change in polling station.

(2) An application to cast a vote at a different polling station in the residential municipality must be submitted to the local council of a voter’s residential municipality not later than by noon eight days prior to election day. An application must be submitted previous to every local or regional election and may not be submitted until four weeks prior to election day.

(3) The local council shall arrange for a voter whose application has been granted under subsection (1) to be deleted from the electoral register at the polling station to which the voter was initially affiliated and added to the electoral register at the polling station of transfer.

(4) The Minister for Economic Affairs and the Interior shall lay down the rules for the change in polling stations on application for voters with a disability or poor health.

54.-(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 a list designation or the name of a candidate.

(2) A voter may have his or her 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 designated ballot box under the supervision of an appointed elector.

55.-(1) Voters who on account of disability, poor health or similar 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 54, may request the assistance needed to cast their vote, cf. however subsection (4). Assistance in voting may be provided through personal assistance, cf. subsection (2), and through the use of aids to be provided during the voting process, cf. subsection (5). 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) Personal assistance in voting is rendered by two polling supervisors or appointed electors. Instead of one of the supervisors or appointed electors, the voter can demand assistance in voting by a person of his/her own choice.If so expressly and unambigiously declared by the voter to a polling supervisor or an appointed elector, and if the voter’s declaration is justified by an immediately identifiable or demonstrable physical or mental impairment, the personal assistance may be rendered by a person appointed by the voter him- or herself.(3) A candidate standing for election to the local or regional council may not render personal assistance in voting as polling supervisor or appointed elector.

(4) Personal assistance to cross off a ballot paper may be rendered only when the voter is able to indicate direct and unambiguously to the person(s) rendering assistance the list ­of candidates or candidate for which he or she wants to vote.

(5) The Minister for Economic Affairs and the Interior may lay down rules for aids to be provided during the voting process.

56.-(1) The polling supervisors may decide that in addition to the persons in charge of the voting procedure only vo­ters who are about to vote may be allowed inside the polling station. The polling supervisors may also limit the number of persons present in the interest of public order. Polling supervisors shall make sure that voters are not subjected to electioneering or other forms of opinionative influence in the vo­ting premises or elsewhere in the immediate vicinity. Persons present shall in all respects comply with the instructions of the polling supervisors.

57.-(1) Persons in charge of the voting procedure or persons providing personal assistance may not du­ring the voting advice a voter or suggest a list of candidates or candidate to vote for. Persons in charge of the voting procedure shall not to un­authorised persons state whether a voter has been pre­sent to cast his or her vote or provide any other information about the vote-casting of a voter.

(2) No unauthorised person shall be allowed to check systematically that voters show up and cast their vote.

58.-(1) Once the voting is over, ballot papers not handed out, re­turned ballot papers and substituted ballot papers shall be counted and bound in separate packages for the local election and the regional election, respectively. Then votes are counted in conformity with the rules of sections 74 to 76.

Part 6

Advance Voting

Advance Voting in Denmark

59.-(1) Any voter may vote in advance at any municipality in Denmark.

60.-(1) Voters who are hospitalised may cast their votes in advance in the hospital.

(2) Voters who reside or stay in the following types of housing or accommodation facilities may cast their votes in advance in the housing or accommodation facilities, etc.:

(i) are homes and sheltered housing operated according to­ the rules of the Social Services Act;

(ii) temporary accommodation facilities provided according to the rules of the Social Services Act for women who have been the victims of violence, threats of voilence or similar crisis in connection with family or matrimonial cohabitation relations; 

(iii) temporary accommodation provided according to the rules of the Social Services Act for stays of a temporary nature or of longer duration for adults who on account of physical or mental impairment or particular social problems have special needs, and temporary accommodation for adults operated according to the pilot provisions of the said act. The local council may decide that advance voting in the temporary accommodation facilities stated shall take place according to the rules of subsection (4) regard­ing advance voting in the home instead;

(iv) places to stay outside their homes where, subject to the said act, the local authority offers individual assistance, care and attendance to persons who on account of temporary or permanent physical or mental impairment have special needs. The local council may decide that no advance voting shall take place in these places outside their own homes;

(v.) social care dwellings comprised by the Social Housing etc. Act, care dwellings comprised by the Housing for Elderly and Disabled Persons Act, unsubsidised private care dwellings comprised by the Rent Act, and private care dwellings comprised by the Private Care Dwellings Act;

(vi.) other social housing provided for the elderly comprised by the Social Housing etc. Act, other housing provided for the elderly comprised by the Housing for Elderly and Disabled Persons Act and communal shared housing arrangements, homes and dwellings for senior, sickly and infirm citizens comprised by the regulations laid down pursuant to the Housing Act and the Social Housing etc. Act. The local council may decide that advance voting for these types of housing shall take place according to the rules of subsection (4) regarding advance voting in the home instead.

(3) Voters being detained in an institution under the Prison and Probation Service or in a gaol may cast their advance vote in the institution.

(4) 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, housing or accommodation facilities specified in subsection (2). Requests for advance voting in the home must be submitted not later than on the Thursday at 1800 hours twelve days prior to election day. The local council may set a later deadline for submission of the request to vote in advance in the home.Such request must be submitted to the municipality of residence. Such request must not be submitted earlier than on the Tuesday four weeks prior to election day.

(5) Voters resident in remote islands which do not constitute a separate polling district, may cast their vote in the island in advance.

61.-(1) Advance votes under section 60(1)(i) and (3) shall be cast to two vote receivers who are local government or institution officials.

(2) Advance votes under section 60(1)(ii) and (iv) shall be cast to two vote receivers chosen from among the appointed electors, cf. section 17(1). The local council may decide, however, that one of the vote receivers shall be a person appointed from among the local government staff.

(3) In the islands referred to in section 60(5) the local council shall appoint one or more electors to act as receivers of advance votes.

62.-(1) In Denmark advance voting can take place from the Tuesday three weeks prior to election day, however, not later than on the Friday preceding election day. Advance voting may, however, take place at the designated place or places in the municipality where any voter can vote in advance from the Tuesday six weeks prior to election day.

(2) The local council shall arrange for at least one of the venues in the municipality where voters can vote in advance, cf. section 59, to stay open at least from 9:00 am to 4:00 pm on the last day for advance voting.   

Advance Voting in the Faroe Islands, Greenland and Foreign Countries

63.-(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 Economic Affairs and the Interior.

(2) Voters who are staying abroad may cast their vote in advance with a Danish diplomatic or consular representation or with a vote receiver appointed by the Minister for Economic Affairs and the Interior.

(3) Advance voting can take place from the third Tuesday in August in the election year.

(4) The Minister for Economic Affairs and the Interiorshall see to it that the Danish representations and other vote receivers abroad are notified of the day of holding local and regional elections.

Advance Voting On Board Danish Ships in Foreign Trade and Danish Off-shore Installations

64.-(1) Danish sailors and passengers on board Danish ships in foreign trade 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 voting can take place from the third Tuesday in August in an election year, cf. however subsection (3).

(3) At Danish off-shore installations in Danish territory advance voting can take place from the Tuesday three weeks prior to election day, however, not later than on the Friday prior to election day.

65.-(1) The Minister for Economic Affairs and the Interior shall see to it that ship’s masters of Danish ships in foreign trade and chiefs at Danish off-shore installations are notified of the day of holding local and regional elections.

(2) The ship’s master of a Danish ship in foreign trade shall see to it that advance voting on board takes place at such time prior to election day that the advance votes will safely reach the local council before the voting procedure starts on election day, except when prevented by compelling and urgent business. Similar rules shall apply to Danish off-shore installations.

Advance Voting Material

66.-(1) The voting material for advance voting in Denmark comprises a ballot paper for the local election complete with an envelope, a ballot paper for the regional election complete with an envelope and a covering letter and a cover. The Minister for Economic Affairs and the Interior shall determine the details of content and design of the advance voting material.

(2) The Minister for Economic Affairs and the Interior shall procure the advance voting material. The advance voting material must be available at the municipalities not later than on the third Tuesday in May in the election year and with the Danish representations abroad and on board Danish ships in foreign trade and at Danish off-shore installations outside Danish territory not later than on the third Tuesday in August in the election year.

(3) The Minister for Economic Affairs and the Interior may provide that covering letters and covers procured by the local council shall be co-equal with covering letters and covers procured by the Minister for Economic Affairs and the Interior.

Advance Voting Procedure

67.-(1) Voters who wish to cast their vote in advance must duly prove their identity to the vote receiver. The advance voting material will hence be issued, cf. section 66.

(2) The voter indicates on the ballot paper the list or letter designation of a list of candidates standing in the municipality or region, respectively, where the voter is on the electoral register. If the voter wishes to cast his or her vote for a particular candidate standing in the appropriate municipality or region, respectively, the voter shall state the name of the candidate, with the possible addition of the list or letter designation of the list of candidates on which the candidate appears.

(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 confirms the casting of the vote. The voter places the envelope containing the ballot paper and the covering letter in the cover and seals the latter in the presence of the vote receiver. The voter fills out the back of the cover containing the small envelope with the ballot paper and the covering letter with his/her name, date of birth and address in the presence of the vote receiver.

(4) If the voter is unable to fill in the ballot paper or to fill in and sign the covering letter, or if the voter requests other assistance with the advance voting process, the vote receiver(s) shall provide the requisite assistance, cf. however subsection (6). Assistance in voting may be provided through personal assistance and the use of aids to be provided during the advance voting process, cf. section 69, 2nd sentence. In addition to the vote receiver, or, in case of participation by more than one vote receiver, instead of one of these, the voter can demand personal assistance in voting by a person of his/her own choice. If so expressly and unambigiously declared by the voter to a vote receiver, and if the voter’s declaration is justified by an immediately identifiable or demonstrable physical or mental impairment, the personal assistance may be rendered by a person appointed by the voter him- or herself. If personal assistance in voting has been rendered, it must appear from the covering letter.

(5) A candidate standing for election to the local or regional council may not render personal assistance in voting as a vote receiver.

(6) Personal assistance in filling in the ballot paper may be rendered only where the voter is able to unambiguously declare directly to the person(s) providing the personal assistance for which list of candidates or candidate the voter wants to vote.

(7) The envelope is sent to the local council in the municipality where the voter is registered in the electoral register.

(8)  The vote receiver ensures that voters who wish to vote in advance are not subjected to electioneering or other forms of opinionative influence in the immediate proximity of the place where the advance voting is taking place.

68.-(1) Vote receivers and persons providing personal assistance in voting may not during the advance voting procedure advise a voter or suggest to him which list of candidates or candidate to vote for. Vote receivers may 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 be allowed to check systematically whether voters cast their vote in advance.

69.-(1) The Minister for Economic Affairs and the Interior lays down detailed rules governing the organisation and undertaking of advance voting and procedures in connection with votes cast in advance. The Minister for Economic Affairs and the Interior may lay down rules on aids to be provided during the advance voting procedure.

Receiving and Checking Advance Votes

70.-(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 forwarding date shall be entered in a logbook. The local council may decide that the logbook shall be kept electronically. The Minister for Economic Affairs and the Interior shall lay down the rules for the content 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 latter without delay.

(3) 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 voting starts, cf. however subsection (4).

(4) If less than five advance votes have been received within a polling district, the local council can decide that the advance votes be transferred to a polling district which has received a minimum of five advance votes and be handed over to the polling supervisors of that polling district, who shall examine whether the advance votes qualify for consideration, cf. section 71. If a transferred advance vote is to be considered, the polling supervisors shall enter the voter in question in the electoral register, make a note on the electoral register about the cause for inclusion in the electoral register and otherwise follow the procedure specified in section 72(1) regarding advance votes qualifying for consideration. The polling supervisors shall furthermore instruct the polling supervisors of the original polling district that the voter concerned is to be deleted from the electoral register of that polling district before commencement of the vote. The cause for which the voter is deleted from the electoral register shall be stated in the electoral register of the original polling district, while noting in which polling district the voter has been included in the electoral register instead. If a transferred advance vote is not to be considered, the polling supervisors shall follow the procedure specified in section 72(2), and no corrections shall be made to the electoral registers in the two polling districts concerned.

(5) If based on the information about the sender on the cover, it cannot be decided in which polling district the sender is included in the electoral register, the local council shall decide to which polling district the advance vote shall belong with a view to having the polling supervisors check out the advance vote for its claim to being considered, cf. section 71.

71.-(1) The polling supervisors shall examine the advance votes before voting starts and, if necessary, on the day before or two days before election day. The covers shall be opened and the advance votes shall be checked for their claim to being considered. At least two polling supervisors must participate in the examination, including the checking and deciding processes, whether an advance vote qualifies for consideration.

(2) An advance vote shall not be considered if-

(i) the sender is not on the electoral register or he is no longer permanently resident in the municipality or the region, respectively;

(ii) the sender died before election day;

(iii) the cover contains more than one covering letter and one envelope for each respective election;

(iv) the advance voting material used is not identical with the material procured by the Minister for Economic Affairs and the Interior;

(v) the prescribed procedure for advance voting has not been complied with; or,

(vi) the advance vote has not been cast within the closing dates specified in sections 62(1), 63(3) and 64(2) and (3).

(3) If more than one advance vote for either election has been received and qualifies for consideration from the same voter, only the most recently cast advance vote shall be considered.

72.-(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. If, besides the covering letter, the cover contains only one envelope for either election, an additional mark shall be put down to indicate for which election the voter has cast his or her 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 and put into one of the ballot boxes designated for ballot papers in the appropriate election. The envelopes shall not be opened until the votes are counted.

(2) Where an advance vote does not qualify for consideration, 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.

73.-(1) A voter having cast an advance vote which has already been considered shall be prevented from casting his or her vote at the appropriate election(s) in the polls on election day.

Part 7

Computation of the Poll

Counting of the Votes Cast at the Polling Station

74.-(1) When the voting is over, the polling supervisors and the appointed electors, cf. however section 78a, shall count the votes cast at the polling station. The counting is public. Separate counts shall be performed for the local election and the regional election by number of votes cast in the voting for each list of candidates. The number of votes considered as cast for any list coalition shall be counted in respect of each list coalition. These totals shall then be added to the number of votes cast for individual lists of candidates in the list coalition.

(2) A vote is cast for the list of candidates within the field or space of which the voter has put his or her cross on the ballot paper. If the voter has put a cross against the joint list designation of lists of candidates having entered into a list coalition, and a cross in the space of one of the lists of candidates participating in the list coalition, the ballot paper shall be deemed to have been cast for the appropriate list of candidates. If the voter has only put a cross against the joint list designation of the lists of candidates having entered into a list coalition, the vote shall be deemed to have been cast for the list coalition and shall not be referred to any of the lists of candidates participating in the list coalition. Similar rules shall apply if the voter has put a cross in the space available for two or more of the lists of candidates participating in the list coalition.

(3) An advance vote is cast for the list of candidates whose list or letter designation a voter has indicated on the ballot paper. If, in the advance ballot paper, the voter has stated the name of a candidate, the vote shall be deemed to have been cast for the appropriate list of candidates. If, in the advance ballot paper, a voter has indicated the joint list designation for lists of candidates having entered into a list coalition and the name of a candidate appearing on one of the lists of candidates participating in the list coalition, the advance ballot paper shall equally be deemed to have been cast for the appropriate list of candidates. If, in the advance ballot paper, the voter has indicated only the joint list or letter designation of lists of candidates having entered into a list coalition, the vote is deemed to have been cast for the list coalition and shall not be referred to any of the lists of candidates participating in the list coalition. Similar rules shall apply if, in the advance ballot paper, a voter has indicated the list or letter designation of a list of candidates having entered into a list coalition, together with the name of a candidate appearing on one of the other lists of candidates participating in the list coalition.

75.-(1) A ballot paper cast at the polling station shall be invalid if-

(i) it is blank;

(ii) the voter’s vote has not been marked with a cross in the ballot paper, cf. the second sentence of section 54(1);

(iii) it cannot be definitely decided which list of candidates or which list coalition the voter intended to favour with his or her vote;

(iv) the ballot paper is assumed not to have been handed out at the polling station; or,

(v) the ballot paper has been given a special mark of identification.

(2) An advance ballot paper shall be invalid if-

(i) it is blank;

(ii) it cannot be definitely decided which list of candidates or which list coalition the voter intended to favour with his or her vote;

(iii) the ballot paper carries only the name of a person who does not appear on any list of candidates in the appropriate local or regional elections, respectively;

(iv) an envelope contains something else or more than one ballot paper;

(v) the ballot paper is assumed not to have been procured by the Minister for Economic Affairs and the Interior; or,

(vi) the ballot paper has been given a special mark of identification.

(3) The polling supervisors shall record in the appropriate poll book how many ballot papers they considered invalid and the reasons for their judgment.

(4) The Minister for Economic Affairs and the Interior may lay down detailed rules for assessment of ballot papers, including advance ballot papers.

76.-(1) When the counting of votes in local and regional elections, respectively, is over, the results of the counts shall be recorded in the appropriate poll books, 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 local election committee who shall immediately notify the chairman of the regional election committee of the result of the voting in the regional election.

(2) The voting material shall be packaged and handed over to the local council.

Recount

77.-(1) Not later than on the day after the voting shall the local election committee in the municipality undertake the final counts of the results of the voting (recounts) both in the local election and the regional election. The recounts are public.

(2) The local council shall see to it that the poll books, ballot papers, advance voting material and the used electoral registers and poll cards are present at the recounts.

78.-(1) Recounts are made separately for the local election and the regional election according to the rules of subsections (2) to (6).

(2) For each polling district the election committee shall recount and reassess the used ballot papers according to the rules in sections 74, 75 and 78a. The results of the counts shall be entered in the appropriate election records. Then the number of votes won by each list of candidates shall be counted for the municipality as a whole. The number of votes considered to have been cast for a list coalition shall be counted for the municipality as a whole for each list coalition. The number of these votes shall be added to the number of votes for the individual lists of candidates in the list coalition. The results shall be entered in the election records and announced to those present.

(3) The number of personal votes for each candidate and the number of list votes for each list of candidates for the municipality as a whole shall also be counted.

(4) If a voter has put a cross against the name of a candidate, or against both the name of a candidate and the designation of the list of candidates on which the candidate appears, the ballot paper shall be deemed as cast in favour of such candidate (personal vote). If a voter has put a cross against both the joint list designation of lists of candidates having entered into a list coalition and against the name of a candidate appearing on one of the lists of candidates participating in the list coalition, the ballot paper shall equally be deemed a personal vote for the appropriate candidate. Similar rules shall apply if, in the advance ballot paper, a voter has indicated the name of a candidate or both the name of a candidate and the list or letter designation of the list of candidates on which the candidate appears. If, in the advance ballot paper, a voter has indicated both the joint list and letter designation of lists of candidates having entered into a list coalition and the name of a candidate appearing on one of the lists of candidates participating in the list coalition, the advance ballot paper shall be deemed a personal vote for the appropriate candidate.

(5) If a voter has put a cross against the designation of a list of candidates or within the field or space, respectively, of the list of candidates in such a way that there is doubt as to which of the candidates on the list of candidates the voter intended to give his or her vote, the ballot paper shall be deemed to have been cast in favour of the list of candidates (list vote). Similar rules shall apply if, in the advance ballot paper, a voter has indicated the list or letter designation of a list of candidates or the names of several candidates appearing on the same list of candidates. If, in the advance ballot paper, a voter has indicated the joint list designation or letter designation of lists of candidates having entered into a list coalition and the names of several candidates appearing on one of the lists of candidates participating in the list coalition, the advance ballot paper shall equally be deemed a list vote for the appropriate list of candidates.

(6) The result of the counting of the votes cast shall be entered in the appropriate election records. The election records for the regional election shall be sent to the chairman of the regional election committee without delay.

Candidates’ Participation in the Counting of Votes

78a.-(1) No candidate standing for a list of candidates is allowed to participate in counting the number of votes cast for the list of candidates concerned. No candidate standing for a list of candidates is allowed to participate in the tabulation of votes cast for the list of candidates concerned reflecting the distribution between personal votes for each individual candidate and list coalition votes, cf. section 78(4) and (5).

Part 8

Tabulation of the Election

79.-(1) The election committee shall tabulate the election not later than on the day after recount, cf. however section 80(4). Tabulation of the regional election shall be based upon the election records for the regional election which the regional election committee has received from the local election committees, cf. however subsection (2).

(2) If the regional election committee has undertaken a renewed recount, cf. section 80, the result of this recount shall constitute the tabulation basis of the regional election.

80.-(1) The regional election council may decide to undertake a renewed recount of the ballot papers cast in the regional election. The renewed recount may involve all ballot papers or certain ballot paper groups. Sections 78 and 78a shall equally apply to the renewed recount.

(2) If, prior to election day, the regional election committee has decided to undertake a renewed recount, the appropriate local election committees shall see to it that the ballot papers in the regional election are sent to the regional election committee on the day after the recount at the latest. If, after the election, the regional election committee decides to undertake a renewed recount, the ballot papers in the regional election shall be sent to the regional election committee on the day after the local council has received notice about the decision of the regional election committee at the latest.

(3) Before forwarding to the regional election committee the ballot papers must be bound and packaged as specified in section 88(1)(ii) to (vi).

(4) The regional election committee shall undertake the final tabulation of the election not later than on the day after receiving the ballot papers from the municipalities, cf. subsection (2).

Allocation of Seats by Lists of Candidates

81.-(1) The votes cast for the lists of candidates and list coalitions having entered into an election coalition shall be computed for each election coalition.

(2) The total number of votes cast for each election coalition, the total number of votes cast for each list coalition not having entered into an election coalition, and the votes cast for each list of candidates neither having entered into a list nor an election coalition shall be divided by 1, 2, 3 etc. until such number of divisions equivalent to the maximum number of seats expected to be won by the election coalition, the list coalition or the list of candidates has been undertaken. The election coalition, the list coalition or the list of candidates which has the highest resulting quotient shall be allocated the first seat in the local council or the regional council, respectively. The second highest quotient authorises the second seat and so on and so forth, until all seats in the local council or the regional council, respectively, have been distributed. If quotients are of equal size, lots shall be drawn.

(3) If more seats than the total number of candidates appearing in the lists of candidates and list coalitions in the election coalition, the list coalition or the list of candidates, respectively, are allocated to an election coalition, a list coalition or a list of candidates, the extra seats shall be transferred to the election coalition, list coalition or list of candidates subsequently qualifying for more seats according to the computations of subsection (2).

82.-(1) The number of seats allocated to an election coalition shall be distributed among the lists of candidates and list coalitions constituting the election coalition, cf. section 81(1) according to procedures as specified in section 81(2).

(2) If a list of candidates or a list coalition having entered into a election coalition has been allocated more seats than the number of candidates in the list of candidates or the total number of candidates in the list coalition, respectively, the extra seat(s) shall be transferred to the list of candidates or the list coalition in the election coalition subsequently qualifying for more seats according to the computations of subsection (1).

83.-(1) The number of seats allocated to a list coalition, cf. section 81(2) and (3) and section 82 shall be distributed among the lists of candidates in the list coalition according to procedures as specified in section 81(2).

(2) If a list of candidates in the list coalition has been allocated more seats than the number of candidates in the list of candidates, the extra seat(s) shall be transferred to the such other list(s) of candidates in the list coalition subsequently qualifying for more seats according to the computations of subsection (1).

Selection of Candidates

84.-(1) The count of the personal votes of each candidate and the number of list votes, cf. section 78(2) to (5) shall establish which candidates on a list of candidates are elected.

85.-(1) If the candidates stand in parallel, cf. section 24(2), the seats of the list of candidates shall be allocated to each candidate by order of size of their personal votes. In case of an equality of votes, the election committee shall draw lots.

86.-(1) If the candidates stand in a specific order (party list), cf. section 24(2), the candidates who are elected shall be determined as follows-

(i) the total number of votes of the list of candidates, cf. section 78(2), shall be divided by a figure which is the number of seats allocated to the list of candidates 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 list of candidates;

(ii) candidates having received personal votes equivalent to or higher than the distribution figure are elected;

(iii) for candidates having received fewer personal votes than the distribution figure, allocation is by order of their number on the party list and, for as long as the list votes go, a sufficient number of votes to obtain the distribution figure, by adding the totals of the personal votes and the list votes. Candidates who by this method receive votes equivalent to the distribution figure are elected;

(iv) if, by this computation, the seats allocated to the list of candidates are not filled, the other candidates are elected by order of size of their votes (personal votes and list votes combined). If two or more candidates have received an equal number of votes, the candidate or candidates first to appear on the party list is/are the one(s) elected.

(2) Candidates elected according to subsection (1)(ii) and (iii) are elected by order of the party list.

87.-(1) The result of the tabulation of the election is entered in the election records.

88.-(1) The local election committee shall sign and hand over the election records to the local council immediately upon tabulation of the election. The following items shall be bound in separate packages

(i) the poll cards;

(ii) the ballot papers not handed out;

(iii) the returned ballot papers;

(iv) the substituted ballot papers;

(v) the used blanks and other invalid ballot papers

(vi) the valid ballot papers, with the personal votes for each candidate, the list votes for each list of candidates and the votes for each list coalition to be separately packaged; and

(vii) the advance voting material.

(2) Each package shall be marked with its contents and be sealed. The packages and the other voting material shall be preserved and destructed according to the rules of section 106.

(3) The election committee shall send a copy of the election records to the Minister for Economic Affairs and the Interior not later than on the day after tabulation of the election.

89.-(1) The regional election committee shall sign and hand over the election records to the regional council immediately upon tabulation of the election.

(2) If the regional election committee has made a renewed recount, cf. section 80, the ballot papers for the regional election shall be bound and packaged as specified in section 88(1) and (2), and be preserved and destructed by the regional council according to the rules of section 106.

(3 The regional election committee shall send a copy of the election records to the Minister for Economic Affairs and the Interior not later than on the day after tabulation of the election.

90.-(1) The election committee shall notify the elected candidates of their election.

91.-(1) Non-elected candidates shall be substitutes for elected candidates from the same list. In the cases specified in subsection (3) the non-elected candidates shall also be considered substitutes for the elected candidates of a different list.

(2) A substitute shall join the local council or the regional council, respectively, in such circumstances as specified in sections 92(5), 96 and 104. The substitutes shall enter by order of the size of the number of their votes, cf. sections 85 and 86(1)(iv).

(3) If the appropriate list of candidates does not provide a substitute, the seat shall be transferred to the list of candidates subsequently qualifying for more seats under the rules of sections 81(3), 82(2), or 83(2).

(4) The election committee shall notify the non-elected candidates that they are substitutes, with indication of their rank in the list of substitutes, cf. the second sentence of subsection (2).

Part 9

Release from Election

Election Complaints 

92.-(1) Any eligible person shall accept his or her election, cf. however subsection (2).

(2) Upon request from the elected candidate, the local council or regional council, respectively, shall grant him release from the election if on account of poor health, performance of other public functions, business or similar, the elected candidate’s request for being released from the election is reasonably founded.

(3) A request for release from election shall be submitted in writing to the local council or the regional council, respectively, by the Friday ten days after election day at the latest. The local council or the regional council, respectively, shall consider the request at a meeting to be held as soon as possible after expiry of the time-limit.

(4) Rejection of a request for release from election may be brought before the Minister for Economic Affairs and the Interior by the elected candidate within 14 days of the rejection.

(5) If an elected candidate is released from accepting his or her election, the substitute shall replace the appropriate candidate according to the rules in section 91.

93.-(1) Any voter in the municipality or the region, respectively, may complain of the election. Complaints must be submitted in writing to the local council or the regional council, respectively, by the weekday after election day at the latest. Complaints are decided at a meeting to be held as soon as possible after expiry of the time-limit for the filing of complaints.

(2) Issues in relation to whether an elected candidate may have forfeited his or her eligibility on account of punishment, cf. section 4, shall be decided according to the rules in section 101.

94.-(1) Decisions made in pursuance of section 93(1) may be brought before the Minister for Economic Affairs and the Interior by any municipal or regional voter, respectively, within 14 days of the person filing the complaint being notified of the decision.

95.-(1) If a complaint regarding the election is finally decided to the effect that the election is declared invalid, a second ballot shall be held as soon as possible.

(2) In a second ballot only the persons who were accorded a franchise and included in the electoral register on the ordinary election day may cast their vote. A second ballot shall be held according to similar rules as the election on the ordinary election day.

96.-(1) If a complaint of the election is finally decided to the effect that the election of one or more members is declared invalid, the appropriate substitute(s) shall replace them according to the rules of section 91.

Part 10

The Newly Elected Local Council and the Newly Elected Regional Council

97.-(1) When local and regional elections have been held, the newly elected local council or the newly elected regional council, respectively, shall take office on January 1st of the year following the election year, and the previous members shall resign on December 31st in the election year, cf. however subsection (2).

(2) If, prior to December 31st in the election year, a second ballot has been finally decided to take place, cf. section 95(1), the newly elected local council or the regional council, respectively, shall not take office and the previous members shall not resign until a second ballot has been held and a third ballot has been finally ruled out.

98.-(1) If, after December 31st in the election year, the Minister for Economic Affairs and the Interior decides that the election shall be declared invalid, the newly elected local council or the newly elected regional council, respectively, shall remain in office until a second ballot has been held and a third ballot has been finally ruled out.

99.-(1) In the cases specified in section 98, the newly elected local council or the newly elected regional council, respectively, shall not defray any expenses other than those warranted by the budget which the resigning local council or the resigning regional council, respectively, has adopted, without the consent of the supervising authority, and it shall not enter into any commitments unless authorised by the said budget, cf. however subsection (2).

(2) Measures prescribed by statute or other legally binding precept shall not be comprised by subsection (1).

(3) The provision under subsection (1) shall become effective from the time when the local council or the regional council, respectively, has been notified of the decision of the Minister for Economic Affairs and the Interior.

(4) Subsections (1) and (2) shall apply correspondingly in cases where the previous local council or the previous regional council, respectively, has not resigned on December 31st of the election year pursuant to the provisions of section 97(2).

Part 11

Members’ Retirement and Substitutes’ Entry during the Election Period

100.-(1) If a member forfeits his or her eligibility, the member must retire from the local council or the regional council, respectively, cf. however section 101(5) and (6) and section 102.

(2) The issue in relation to a member’s forfeiture of eligibility shall be decided by the local council or the regional council, respectively, cf. however section 101.

101.-(1) If a member of the newly elected local council or the newly elected regional council, respectively, is not eligible on the election day on account of punishment, cf. section 4, the member shall prior to the first meeting notify the mayor or the chairman of the regional council, respectively, in writing that the member is not eligible on account of punishment and therefore cannot join the local council or regional council, respectively. The notice shall include documentation for the punishment or measure imposed.

(2) If a member of the local council or regional council, respectively, forfeits his or her eligibility after the election day on account of punishment, cf. section 4, the member shall, at the latest prior to the first meeting of the local council or regional council, respectively, or of a committee on which the member sits, notify the mayor or the chairman of the regional council, respectively, in writing that the member has forfeited his or her eligibility on account of punishment and has therefore retired from the local council or the regional council, respectively. The notice shall include documentation for the punishment or measure imposed.

(3) If a member is not eligible on account of punishment or if a member forfeits his or her eligibility on account of punishment, cf. section 4, and this becomes known to the mayor or the chairman of the regional council, respectively, the mayor or the chairman of the regional council, respectively, shall give notice in writing to the member and the other members of the local council or the regional council, respectively, that the member has not joined or has retired in accordance with the rules in subsection (4). The mayor or the chairman of the regional council, respectively, shall give the member notice in writing of the right to resume his or her seat under subsection 6.

(4) If a newly elected member of the local council or the regional council, respectively, is not eligible on the election day on account of punishment, cf. section 4, the member shall not join the local council or regional council, respectively. If, after the election day, a member of the local council or the regional council, respectively, has forfeited his or her eligibility on account of punishment, cf. section 4, the member shall retire from the local council or the regional council, respectively, with effect from the date of the final judgment, cf. section 4(2), or the extrajudicial measure.

(5) If a member of the local council or the regional council, respectively, has by final judgment forfeited his or her eligibility on account of punishment, but has resumed his or her eligibility in a new final judgment, the member shall join the local council or the regional council, respectively, again with effect from the date of the new final judgment, cf. section 4.

(6) If a member of the local council or the regional council, respectively, has forfeited his or her eligibility on account of punishment, cf. section 4, the member shall join the local council or the regional council, respectively, on expiry of the period set out in section 4(3), if the member has made a written request in this regard to the mayor or the chairman of the regional council, respectively, not later than one month from receipt of the notice from the mayor or the chairman of the regional council mentioned in subsection (3). If the member fails to give timely notice to the mayor or the chairman of the regional council, cf. subsections (1) and (2), however, the member shall not join the local council or the regional council until after the elapse of a period − after the expiry of the period set out in section 4(3) − which corresponds to the period from the latest date on which timely notice could have been given, cf. subsections (1) and (2), until the date on which the member has given notice or on which the mayor or the chairman of the regional council has otherwise learned that the member has forfeited his or her eligibility on account of punishment.

(7) If a member of the local council or the regional council has forfeited his or her eligibility on account of punishment, cf. section 4, the remuneration to the member shall cease to be paid from the end of the month in which the judgment is deemed to be final, cf. section 4(2), or in which the extrajudicial measure has been taken.

(8) If a substitute who has not joined the local council or the regional council, respectively, under section 104, cf. subsection (9), is not eligible on account of punishment, cf. section 4, the substitute shall prior to the first meeting to which the substitute is invited notify the mayor or the chairman of the regional council, respectively, in writing that the substitute is not eligible on account of punishment and that the substitute will therefore withdraw from the list of substitutes, cf. section 91. The notice shall include documentation of the punishment or measure imposed. The mayor or the chairman of the regional council, respectively, shall, under the rules in subsection (3), give written notice thereof to the substitute and the local council or the regional council, respectively. At the same time, the mayor or the chairman of the regional council, respectively, shall notify the substitute in writing of his or her right to join the list of substitutes again under the 5th sentence hereof. On the elapse of the period set out in section 4(3), the substitute will be admitted to the list of substitutes again if the substitute has made a written request in this regard at least one month after receipt of the notice from the mayor or the chairman of the regional council, respectively, mentioned in the 3rd sentence hereof.

(9) Subsections 2 and 3, subsection 4, 2. sentence, and subsections 5-7 shall apply mutatis mutandis to a substitute who has joined the local council or the regional council, respectively, under section 104, and who forfeits his or her eligibility on account of punishment, cf. section 4.

(10) The mayor or the chairman of the regional council, respectively, shall give notice in writing to the newly elected members of the local council or the regional council, respectively, of the duties of the members under subsections (1) and (2) without undue delay and not later than two weeks after the election day. The mayor and the chairman of the regional council, respectively, shall give notice in writing to a substitute who is summoned of the duties of the substitute under subsection (8), 1st and 2nd sentences, and subsection (9), cf. subsection (2), without undue delay and not later than at the first meeting to which the substitute is invited.

(11) The mayor and the chairman of the regional council, respectively, may obtain criminal record certificates from the Danish National Police for public use for the notices that he or she shall give under subsections (3), (8) and (9).

102.-(1) A member who retires on account of temporary relocation out of the municipality or the region, respectively, may re-enter the local council or the regional council, respectively, when returning as permanently resident of the municipality or the region, respectively, and provided he does so within six months of relocation.

(2) If a member wishes to re-enter according to the rules of subsection (1), he shall notify the local council or the regional council, respectively, accordingly before his or her temporary relocation.

103.-(1) Upon request a member shall be released from his or her membership if on account of poor health, performance of other public functions, business or similar his or her request for being released from membership is reasonably founded.

(2) A decision as to whether to meet such request pursuant to subsection (1) shall be made by the local council or the regional council, respectively.

(3) A rejection of a request to be released pursuant to subsection (1) may be brought before the Minister for Economic Affairs and the Interior by the appropriate member within 14 days of the rejection.

104.-(1) If a member retires or dies during the election period, the appropriate substitute shall take over according to the rules of section 91 and replace such member.

104a.-(1) Any failure by a member to retire in time shall not affect the validity of the decisions taken by the local council or the regional council, respectively, or a committee.

105.-(Annulled)

Part 11 a

Binding local referendums

 

105a.-(1) The provisions of this Part shall apply to referendums held in accordance with sections 9b and 9c of the Act on Local Government (lov om kommunernes styrelse).

105b.-(1) Any person who is, at the date of the referendum, eligible under sections 1 and 1a for election to the local council and has been admitted to the electoral register shall be entitled to take part in the referendum.

105c.-(1) The local council shall not later than four weeks prior to the day of the referendum publish a notice on the website of the municipality and in the daily or local newspapers available in the municipality on the subject-matter(s) of the referendum, cf section 9b(3) of the Act on Local Government, and on the date and hour of the referendum.

105.d-(1) When the local council has decided to hold a referendum in accordance with section 9b(1) of the Act on Local Government, the local council shall prepare a list of the voters in the municipality and distribute poll cards in accordance with the rules in Part 2 for local elections, subject to the changes resulting from the day of the week the referendum is to be held and from subsections (2) and (3) and the rules laid down by virtue of subsections (4) and (5).

(2) If a local referendum is held on the same day as a national or local and regional election or a national referendum, the design of the poll cards for the local referendum shall differ from that of the poll cards used for the other elections or referendums.

(3) The referendum shall take place in the same polling district as general elections.

(4) The Minister for Economic Affairs and the Interior may lay down rules on the admission to the electoral register of persons holding a franchise under section 1(1)(ii) without being registered as a resident in the Civil Registration System (CPR) or under section 1(2) and on such persons’ notice of change of address to another municipality or to another country.

(5) The Minister for Economic Affairs and the Interior may lay down rules on the preparation of the electoral registers and their layout.

105e.-(1) When the local council has decided to hold a referendum under section 9b(1), of the Act on Local Government, the local council shall appoint an election committee, polling supervisors and appointed electors in accordance with section 14, section 15(1) and (2), section 16(1), (2), (4) and (6), section 17(1) and section 18 for local elections with the responsibilities set out in such provisions, subject to the changes resulting from the nature of the referendum, the date and the way in which the referendum will be held, and from subsections (2)-(4) and the rules laid dow by virtue of subsection (5).

(2) The election committee shall be appointed not later than four weeks prior to the election day.

(3) The election committee shall discharge the following tasks:

(i) procure ballot papers and notices;

(ii) supervise the final count (recount);

(iii) compute the poll.

(4) The election committee shall keep election records in which it enters all material information on the ballot and the voting result. 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.

(5) The Minister for Economic Affairs and the Interior may lay down rules for the content and design of the election records and the poll book.

105f.-(1) In general referendums, the words Yes and No shall be printed clearly separate on the ballot papers.

(2) The question put to vote, cf. section 9b(3) of the Act on Local Government, shall be printed on the ballot papers.

(3) If a local referendum is held on the same day as a national or a local and regional election or a national or other local referendum, the ballot papers for the local referendum shall have a different colour than the ballot papers used in the other ballots.

(4) The Minister for Economic Affairs and the Interior shall lay down the rules for the content and design of the ballot papers.

105g.-(1) The preparations and the voting on the polling day shall take place in accordance with section 50, section 51(1), 2nd sentence, (2), 1st-5th sentences, and (4), sections 52 and 53, section 54 (1), 1st sentence, and (2) and (3), section 55(1), (2) and (4), section 56, section 57(1), 2nd sentence, and (2) and section 58 subject to the changes resulting from the nature and date of the vote and the way in which the vote is taken, and from subsections (2)-(7) and the rules laid down by virtue of subsection (8).

(2) On the polling day, a voter may, on application, vote at a different polling station in his or her municipality than the one designated to the voter in the electoral register, cf. section 105d(1), if the change of polling station is justified by the voter's disability or impaired mobility. Section 53a(2), 1st sentence, and (3) shall apply mutatis mutandis subject to the changes resulting from the nature of the ballot. The application shall be submitted prior to each referendum and may be submitted no earlier than four weeks prior to the polling day.

(3) At the poll, voters voting in favour of the decision must put a cross next to the word Yes, whereas voters voting against the decision must put a cross next to the word No.

(4) If one or more local referendums are held on the same day as a national or local and regional election or a national referendum, each polling station shall have separate polling rooms, polling booths, issuing tables and ballot boxes.

(5) If several local referendums are held on the same day, each polling station shall have separate ballot boxes for each referendum. The voter will receive one ballot paper for each referendum. The voter shall take all ballot papers into the polling booth and, after having voted, the voter shall place them in the ballot boxes intended for this purpose.

(6) At the polling stations, notices of the question(s) put to vote must be displayed. The notices at the polling station must provide guidance to the voters on the procedure described in subsection (3).

(7) The persons responsible for or providing personal assistance in the voting process shall not during the process advise or urge the voter to vote either for or against the question put to vote.

(8) The Minister for Economic Affairs and the Interior may lay down rules for change of polling station subject to application for voters with disabilities or impaired mobility. The Minister for Economic Affairs and the Interior may lay down rules for aids to be provided during the voting process.

105h.-(1) In national referendums, advance voting is possible in accordance with section 59, section 60(1)-(3), (4), 1st sentence, and (5), section 61, section 62(2), section 67(1), (3), (4) and (6)-(8), section 68(1), 2nd sentence, and (2), section 70(1), 1st-3rd sentences, and (2)-(5), section 71(1) and (3), and sections 72 and 73 subject to the changes resulting from the nature and date of the vote and the way in which the vote is taken, and from subsections (2)-(11) and the rules laid down by virtue of subsection (12).

(2) Advance voting under section 59 is only possible in the municipality and in other municipalites subject to agreement between the relevant local councils.

(3) Advance voting at hospitals under section 60(1) is only possible at hospitals situated in the region in which the municipality is situated, and in other regions subject to agreement with the relevant regional council and the local council in the municipality in which the referendum is held.

(4) Advance voting in the housing and accommodation facilities etc. mentioned in section 60(2) is only possible in housing and accommodation facilities etc. situated in the municipality and in other municipalities subject to agreement between the relevant local councils.

(5) Advance voting at the institutions mentioned in section 60(3) is only possible at the institutions situated in the region in which the municipality is situated, and at institutions outside the region where the municipality is situated subject to agreement between the Prison and Probation Service and the local council in the municipality in which the referendum is held.

(6) Requests for advance voting in the home for the reasons mentioned in section 60(4), 1st sentence, may be submitted to the municipality of residence no earlier than four weeks prior to the polling day and shall be submitted not later than 12 days prior to the polling day. If 12 days prior to the polling day falls on a Saturday or Sunday, the time allowed for submission of requests for advance voting in the home will be extended until the following Monday at 12 noon. The local council may determine a later deadline for submission of requests under the 1st sentence hereof, but not later than the third-to-last weekday prior to the polling day.

(7) The advance voting under subsections (1)-(6), cf. section 59 and section 60(1)-(3), (4), 1st sentence, and (5), may take place in the three last weeks prior to the polling day, but not later than the third-to-last weekday prior to the polling day.

(8) For advance voting, special advance voting material procured by the local council shall be used. The advance voting material shall consist of a ballot paper with an envelope, a covering letter and a cover. The ballot paper shall be designed in accordance with section 105f(1)-(3). The advance voting material shall be ready for advance voting not later than three weeks prior to the polling day.

(9) When voting in advance, voters voting in favour of the decision must mark a cross next to the word Yes on the ballot paper, whereas voters voting against the decision must mark a cross next to the word No. The voters shall be given guidance on the question(s) put to vote and on the procedure described in the 1st sentence hereof.

(10) Vote receivers and persons who provide personal assistance in advance voting may not, in connection with the advance voting, advise or urge the voter to vote for or against the question put to vote.

(11) An advance vote shall not be considered if-

(i) the sender is not entered in the electoral register or is no longer permanently resident in the municipality;

(ii) the sender died before the polling day;

(iii) the advance voting material procured by the local council, cf. section 8, 1st sentence, has not been used;

(iv) the prescribed procedure for advance voting has not been complied with, cf. section 9, 1st sentence; or,

(v) the advance vote has not been cast within the prescribed deadlines, cf. subsection (7).

(12) The Minister for Economic Affairs and the Interior may lay down rules for the content and layout of the advance voting material. The Minister for Economic Affairs and the Interior may lay down rules for the organisation and undertaking of advance voting and advance voting procedures. The Minister for Economic Affairs and the Interior may lay down rules for aids to be provided in connection with advance voting. The Minister for Economic Affairs and the Interior may lay down rules for the content and layout of the advance voting logbook.

105i.-(1) On completion of the ballot at the polling station, the polling supervisors and the appointed electors shall count the votes at the polling station. The vote count is public. The number of votes cast in favour and against shall be counted.

(2) A ballot paper, including an advance ballot paper, is invalid if-

(i) it is blank;

(ii) it has not been marked with a cross in accordance with section 105g(3);

(iii) it must be assumed that the ballot paper has not been handed out at the polling station;

(iv) it must be assumed that the ballot paper has not been procured by the local council;

(v) in connection with advance voting, an envelope contains anything other or more than one ballot paper; or

(vi) 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 why.

(4) When the counting of votes is over, the result of the count shall be recorded in the poll book, which shall be signed by the polling supervisors, and the result shall be announced to those present. The chairman of the polling supervisors shall immediately notify the result to the chairman of the election committee in the municipality.

(5) The voting material shall be packaged and handed over to the local council.

(6) The Minister for Economic Affairs and the Interior may lay down rules for the assessment of ballot papers, including advance ballot papers.

105j.-(1) Not later than on the day after the voting the election committee in the municipality shall undertake the final counts of the results of the voting (recounts). The recounts are public.

(2) The local council shall ensure that the poll books, the ballot papers, the advance voting material and the electoral registers and poll cards used are present during the recount.

(3) For each polling district, the election committee shall make a new count and determination of the votes cast under section 105i(1), 3rd sentence, and (2) and rules laid down by virtue of section 105i(6). For each polling district, the election committee shall record in the election records how many ballot papers, including advance ballot papers, it has considered invalid and the reasons why. The results of the counts shall be entered in the election records.

(4) After the count under subsection (3), the election committee shall count the election result for the entire municipality. The election committee shall determine whether the decision subjected to the referendum has been adopted or rejected, cf. section 9c of the Act on Local Government. The results of the counts under the 1st and 2nd sentences hereof shall be entered in the election records, which are signed by the election committee and announced to those present

105k.-(1) The voting material, including the election records, shall, after the tabulation of the referendum, be packaged and delivered in accordance with section 88(1) and (2) subject to the changes resulting from the nature of the ballot and from this Part.

(2) Not later than on the day following the tabulation of the referendum, the election committee shall send a copy of the election records to the Minister for Economic Affaris and the Interior.

105l.-(1) Any voter may complain about the voting process. Complaints shall be submitted in writing to the local council not later than one week after the vote. Complaints shall be decided at a meeting held as soon as possible after expiry of the one-week time-limit.

105m.-(1) Decisions made under section 105l may be brought before the Minister for Economic Affairs and the Interior by any voter in the municipality not later than 14 days after the date when the complainant has received notice of the decision.

105n.-(1) If a complaint regarding the ballot is finally decided to the effect that the ballot is declared invalid, a second ballot shall be held as soon as possible.

(2) In a second ballot only the persons who were entitled to vote and included in the electoral register on the ordinary polling day may cast their vote. A second ballot shall be held according to the same rules as the ballot on the ordinary polling day.

105o.-(1) The local council shall announce the result of the referendum on the website of the municipality and in the daily or local newspapers available in the municipality when the time allowed for complaints has expired, cf. section 105l, and the local council has decided any complaints about the ballot.

Part 12

Other Provisions

106.-(1) The local council shall retain the local election records, poll books, electoral registers, poll cards, ballot papers and other voting material which the local council or the election committee has received in connection with the local election, cf. however the second sentence of subsection (2).

(2) The regional council shall retain the election records for the regional election and any other voting material which the regional council or the election committee has received in connection with the regional election. If the regional election committee has undertaken a renewed recount, the regional council shall keep the ballot papers for the regional election, cf. section 89(2).

(3) For referendums held in accordance with Part 11a, the local council shall keep the election records, poll books, electoral registers, poll cards, ballot papers and any other voting material received by the local council or the election committee in connection with the referendum.

(4) The electoral registers, poll cards and ballot papers, including any advance voting material, shall be destructed on expiry of the time allowed for complaints, cf. sections 93 and 105l, and any complaints regarding the election have been finally decided, cf. however subsection (5). Other voting materials shall be preserved as specified in the Act on Public Access to Documents in Public Files.

(5) Voting material covered by subsection (4), 1st sentence, may be used for research and statistical purposes in accordance with the rules in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the Danish Data Protection Act (databeskyttelsesloven). Voting material covered by subsection (4), 1st sentence, which is used for research and statistical purposes shall be destroyed when the voting material is no longer used for such purposes.

107.-(1) Expenses in connection with local and regional elections shall be defrayed by the municipalities, cf. however subsections (2) to (4).

(2) The counties shall defray the expenses of measures for which the regional council or the regional election committee is responsible under this act. If a regional council second ballot is held, all expenses in connection with the second ballot shall be defrayed by the region, cf. however subsections (3) and (4).

(3) The expenses for the advance voting material shall be defrayed by the Treasury. The municipality shall refund the expenses defrayed by the Treasury for the advance voting material that the municipalities order for the advance voting in the municipalities, cf. section 59 and section 60, subsections (2), (4) and (5).

(4) Stamp expenses for forwarding of advance votes shall be defrayed by the authority, institution, ship or off-shore installation which the vote receiver represents.

107a.-(1) The expenses of a referendum held in accordance with Part 11a shall be defrayed by the municipality, cf. however, subsection (2).

(2) Postage for forwarding of advance votes shall be defrayed by the authority or institution which the vote receiver represents.

108.-(1) Unless liable to more serious punishment by other statutes, the person who commits an offence under sections 57, 65(2), 68, 105g(1), cf. 2nd sentence of section 57(1), or subsection (2), section 105g(7), 105h(1), cf. 2nd sentence of section 68(1), or subsection (2), or section 105h(10), shall be subject to a fine or simple detention not exceeding four months.

(2) Rules issued by statutory order may provide for punishment by a fine in respect of offences against the regulatory provisions.

108a.-(1) A request for issuing a certificate of eligibility in respect of a Danish citizen wishing to stand as a candidate in local and regional elections in another member state of the European Union must be submitted to the Minister for Economic Affairs and the Interior.

(2) A certificate of eligibility can be issued in respect of a Danish citizen  with the content that the Minister for Economic Affairs and the Interior has no knowledge that he or she should have been deprived of his or her eligibility for local and regional councils in Denmark. If the Minister for Economic Affairs and the Interior has knowledge that he or she should have been deprived of his or her eligibility for local and regional councils in Denmark, cf. section 4, the certificate of non-eligibility shall carry a note to this effect and information on the date when the relevant criminal offence no longer results in the forfeiture of eligibility, cf. section 4(3).

(3) The Minister for Economic Affairs and the Interior may obtain criminal record certificates from the Danish National Police for public use for the issue of the certificates of eligibility mentioned in subsection (1). On request, a mayor or a chairman of the regional council shall give the Minister for Economic Affairs and the Interior the information required to issue such certificates.

109.-(1) The Minister for Justice may lay down rules preventing electioneering for local council elections, regional council elections and referendums held in accordance with Part 11a from taking place in or fronting public roads or open spaces in disturbance of the peace. The rules may specify punishment by a fine in respect of a violation of the regulatory provisions.

Part 13

Commencement and Transitional Provisions

110.-(1) This Act shall take effect as from April 1st 1989.

(2) This Act concurrently repeals the Local Government Elections Act, cf. Consolidated Act No. 139 of March 26th 1985.

(2) (Omitted)

(3) (Omitted)

 

  Ministry for Economic Affairs and the Interior, 7 February 2019

 

By order 

Nikolaj Stenfalk 

                                                                                                                            /Christine Boeskov