French cantonal election

In France, the cantonal election makes it possible to elect the general advisers.

The term of the office of an general adviser is 6 years. The general advices are renewed per half every three years. The last cantonal elections took place the 21 and March 28th 2004.

These elections generally take place the same day as regional municipal elections or .

Way of voting

The electoral constituency for the election of the general advisers is the canton.

The way of voting for the election of the general advisers has not changed for 140 years. It is about a uninominal majority poll with two turns (as for the presidential election and the legislative elections):

a candidate is elected with the first turn if it obtained the majority of the votes cast and if those account for at least 25% of the registered voters;

can be presented to the second turn, any candidate having obtained with the first turn with the number of voices equal to at least 10% of the registered voters;

In all the cases of figure, two candidates made at the head at the first turn, and whatever their result, can arise to the second turn;

the candidate elected with the second turn is that which obtains the greatest number of votes and, in the event of equality of votes (rare without being impossible), oldest gains the elections).

Exceptions in the term of the office

A preceding government had intended to make coincide the renewal of the general advices with that of the district councils, and to remove occasion consequently the renewal per half of the general advices every three years.

With this intention, a law of 1990 had provided that the mandate of the elected general advisers in March 1985 would be prolonged until March 1992 (but their successors normally elected for 6 years during the renewal), while the general advisers of the other series, elected officials in March 1994, would be it for 4 years only, and their successors normally elected for 6 years in March 1998, at the same time as the general advisers of the other series.

A new law, at the beginning of 1994, repealed the suppression of the renewal per half and the reduction of the term of the office of the elected general advisers in March 1994, and increased exceptionally the duration of their mandate to 7 years so as to restore the normal order of renewal of the general advices.

Incidentally, the renewal of one of the series coincides from now on with the regional elections, while that of the other series coincides with the municipal elections.

The practical consequence is that the renewal (or the first election) of the assemblies of the territorial collectivities had been dispersed over 6 years in the Années 1980, but which it is grouped over three years in the present decade.

Legal and financial rules

Conditions to be candidate

To be French and to be at least 18 years old the day of the election
to have satisfied the obligations posed by the national service
To be entitled to vote and not to be touched by a particular ineligibility
To have a fastener with the department of election (either the residence, or a tax fastener)
To make a statement of candidature near the prefecture, by providing the complete records

the file to be filled is accompanied by a certain number of parts required: identity paper, certificate of inscription on an electoral roll of the department, certificate of residence, certificate of inscription on the role of the direct taxation.

General calendar

the expenditure of countryside can be taken into account during all the year preceding the date by the poll of the first turn.
Six months front, the publicity campaigns of the local government agencies are prohibited (to avoid the car-promotion of the achievements and the management of the community).
Three months before:

the free numbers of phone call or telematics of support for the candidates are prohibited,
commercial publicity by way of press or by any means of communication audio-visual is prohibited,
posting apart from the official panels is prohibited (commercial billposting display).

Two months before:

the commission of propaganda is made up
the deposit of candidature is opened with the prefecture,
the electoral campaign is officially open.

One month before:

the Audit Board is installed,
the official propaganda of the candidates is received,

last Thursday before the first turn is the deadline of affixing of the posters on the official panels.
last Friday before the first turn is the deadline of notification to the mayors of the lists of delegated and assessors.
saturdays, takes care of the poll:

with 00:00 hour, prohibition of any audio-visual propaganda, of all surveys,
with 12:00 hours, limits for the handing-over of ballot papers (except commission of propaganda),
with 24:00, official end of the electoral campaign.

General rules

the gifts and the expenditure are reached a maximum according to strict rules: the ceiling of electoral expenditure per capita is closely related to the number of inhabitants in the district (in general, less there are inhabitants plus the ceiling per capita is raised and the impact on the global amount is calculated according to a method by sections, with the result that no district has the same amount of ceiling per capita as another, except mere chance);
the candidate cannot receive gifts in clean hands in cash, only its financial agent can receive the gifts and the financial contributions of his party. The gifts of more than 150 euros must be collected by check and the same giver cannot pour more than 4.600 euros;
the candidate with the obligation to deposit an account of countryside near the National Commission of the accounts of countryside.
There exist two types of expenditure:

those concerning the article R 39 of the electoral code: official posters, service of official posting, ballot papers, official profession of faith;
the other expenditure to be recalled in the account of countryside. These last must:

to be justified by supporting documents,
to be committed exclusively in the year preceding the election,
to be invoiced with the market price (not of reduction, nor of exceptional handing-over),
to be paid by the candidate or his financial agent, VAT included.

the State refunds the expenditure of the candidate for height of 50% of the ceiling of the expenditure in the condition that the candidate:

obtained at least 5% of the votes cast with the first turn;
did not exceed the ceiling of the expenditure;
deposited in times its account of countryside;
paid all its invoices before the deposit of its account of countryside.

However, certain expenditure is excluded from refunding, among them:

expenses of usher and lawyers,
travelling expenses of the national speakers,
the hiring of a room,
posters and leaflets of thanks after the poll,
as well as the pot of thanks offered to the militants after the poll.

Count campaign

the candidate with the obligation to open an bank account or postal specific for its electoral campaign and must hold a day book.
All the expenditure relating to the election and carried out in the year preceding the election can be dealt with within the framework of the account of countryside: material of propaganda, personnel, performances of service (council in communication, investigations, surveys, publications, impressions, publicities), transport (gasoline, hiring of vehicles…), expenses of reception, expenses postal and of distribution, financial telecommunications, Internet, expenses and interests of loan.
to be financed, the candidate can:

to make a personal capital contribution,
to make a loan near an financial institution (the interests are included in the account of countryside),
to receive gifts of private individuals (within a maximum limit),
to receive a contribution of its party in the form of contribution or assumption of responsibility of the invoices,
to profit from services in kind (for example posting by militants, propaganda brochure distribution),
to sell small electorally marked objects (lighters, stickers, pencils, pines…).

If the candidate receives gifts of private individuals or financial contributions of his party, it with the obligation to have a financial agent and it must emit a receipt obligatorily.
the candidate cannot receive gift of a company or an association. It cannot profit from a handing-over or an exceptional reduction on its invoices, nor of an abandonment of credit.
the account of countryside which recalls the whole of the receipts and of the expenditure of the countryside for their amount including all taxes - the candidate can profit from deductible mode of VAT - must be balanced (neither deficit, nor exceeding) and must be certified by an certified public accountant, chooses freely by the candidate (its fees are included in the account of countryside).
the candidate with the obligation to deposit his account of countryside appraised near the National Commission of the accounts of countryside, in the two months which follow the date where the election is finished (first or second round). The candidate is responsible for the deposit of the account.
the National Commission of the accounts of countryside audits the account of countryside and can:

to return a decision of approval (with or without reformation) or of rejection of the account of countryside, but also of observation of not-deposit;
to approach the judge concerning the election so that are taken electoral sanctions;
to transmit the file to the parquet floor in the event of supposed penal offense.

See too

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