French Municipal election

The municipal election in France makes it possible to elect the members of the Municipal council of each common.

Those are called city council men . They elect in their center the Maire, which chairs the Municipal council, as well as the mayor-assistants.

The mandate of the City council men, the Mayor and his assistants is, in theory, six years .

The most recent elections were held the March 11th and 18th 2001. The next ones must take place in March 2008, to avoid the phenomenon of “electoral cacophony” envisaged if these elections were added to the expiries presidential and legislative of 2007.

Characteristics

Way of voting

The city council men are elected with the Vote for all direct for a six years mandate, renewable.

The way of voting varies according to the size of the commune:

common of less than 3.500 common inhabitants
of 3.500 inhabitants or more
Paris, Lyon and Marseilles, whose mode is determined by the Loi PLM.

Voters

The participation of the nationals of the European Union

It is at the time of the municipal elections of 2001 that, for the first time, the citizens of the Convention countries European can at the same time elect the city council men, and be eligible at these stations. This provision was contained in the article 8B Traité of Maastricht.

However, the rights of these citizens are limited pursuant to article 88-3 of the Constitution of October 4th, 1958, since they cannot claim at the post of mayor, nor of assistant.

To be able to be registered on a complementary list in their commune, the European nationals must:

To be 18 years old or more the day of the fence of revision of the lists
To enjoy their civic rights at the same time in France and in their country of origin
To have their place of residence in a common Frenchwoman, or to prove that they have resided there in a continuous and effective way for at least six months, or that they pay local taxes there.

Candidates

Can introduce to the French municipal elections the people:

18 years old or more January 1st of the year of the election
Of French nationality or national of a Member State of the European Union
Registered on the electoral roll of the commune or there paying of the local taxes.

However, in any commune of more than 500 inhabitants, the number of the advisers not lying in the commune at the time of the election cannot exceed the quarter of the members of the council, and, for the small communes, 4 for the communes of less than 100 inhabitants, and 5 for those whose population lies between 100 and 500 inhabitants.

The Electoral code prohibits the multiple candidatures, i.e. each candidate can be registered only on only one list, and in only one commune.

Many provisions of the electoral code establish ineligibilities and incompatibilities, intended to ensure at the same time the freedom of conscience of the voters and the independence of the elected officials. It is thus, for example, that cannot be candidates certain civils servant in the communes concerned with the performance of their duty (prefects, judges, police officers, officers of the army, agents of the commune).

Ways of voting

The way of voting is very different according to the size from the commune: It acts:

of a majority poll for the communes of less than 3500 inhabitants,
of a poll proportional with majority premium, for the more important communes

Communes of less than 3500 inhabitants

Election of the city council men to the majority poll :

with the first turn, a list is elected if it obtained the absolute majority and the vote of at least the quarter of the registered voters.
with the second turn, the relative majority is enough.

The votes are entered individually, and mixing is authorized.

In the communes of less than 2500 inhabitants, the isolated candidatures and the incomplete lists are authorized. To the top of 2500 inhabitants, the candidates present themselves in complete listings. However, the voters of the communes of less than 3500 inhabitants have the right not to respect the lists of candidate, as a voter for citizens not having declared their candidature or as a voter for candidates resulting from different lists,

Communes of more than 3500 inhabitants

List system to two turns : the candidates present themselves in complete listings. At the time of the vote, one can make neither addition, neither suppression, nor modification about presentation of the lists.

Since the Law N°2000-493 of June 6th, 2000 tending to support the equal access of the women and the men to the electoral mandates and elective functions , of the rules of parity man/woman applies to the municipal elections of the communes of more than 3500 inhabitants. These rules are applied for the first time to the elections of 2001 and are reinforced for the elections of 2008.

The election can limit to only one turn in the event of absolute majority , or give place to a second turn, in which case

the lists which obtained at least 10% of the votes cast can there be maintained.
candidates of a list which obtained more than 5% of the votes cast (and which chooses not to be maintained), can be reproduced on another list (rallying with the second turn), which can bring to modify the order of presentation of the candidates.

The municipal elections of the communes of more than 3500 inhabitants constitute a poll proportional with majority premium : one allots initially half (more one) of the seats to be provided for the list which has the most voice; the other seats are distributed between all the lists (including the majority list) with the representation proportional to the strongest average.

The expenses of propaganda (cost of paper, impression of ballot papers, posters and circulars, as well as the expenses of posting) are paid by the candidates.

They are refunded by the State with the candidates having obtained at least 5% of the votes cast, which in fact reduces the possibility of being presented for the candidates little established locally or not having the resources of an organized party.

Specific schemes of Paris, Lyon and Marseilles

See also: Law PLM, municipal District French

In the three main cities of France, the election is done by electoral sector, while following the same rules as for the communes of more than 3.500 inhabitants.

These sectors correspond, in Paris and Lyon, the districts. In Marseilles each of the 8 sectors gathers two districts.

Advisers of district are also elected.

Election of the mayor and the assistants

Dispute

Any voter and very eligible can dispute the result of the municipal elections, of the election of the Mayor and his assistants, of the representatives of the Commune to a EPCI in front of the administrative court, either by mention with the official report, or by complaint written within 5 day following the date of the election.

The Prefect has the same capacity

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