Municipal elections in France

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Municipal elections in France allow the people to elect members of the City Council in each commune. These are called conseillers municipaux (city councilors). They elect the mayor, who chairs the city council, as well as Deputies to the Mayor. The term of office of councilors, the mayor and his deputies is, in principle, six years.[1]

As of 7 November 2014, the most recent elections were held on 23 and 30 March 2014.

The electors of the Senate are 95% determined by the municipal elections.

Electoral system

Voting Procedures

The election process is very different depending on the size of the municipality. Since the reforms introduced by Law No. 2013-403 of 17 May 2013, which will apply from the general election of municipal councils in 2014:

Prior to the 2013 reform, the proportional list was used only in municipalities with more than 3500 inhabitants[2] The reform was mainly intended to enforce the rules of parity between men and women in the 6659 communes whose population ranged in 2013 between 1000 and 3500 inhabitants. While women represented 48.5% of municipal councilors in the municipalities of 3500 or more inhabitants at present, they represented only 32.5% of the seats in municipalities with less than 3500 inhabitants. With the new threshold, approximately 10,000 additional women were expected become municipal authorities, at least in deliberative assemblies.[3]

Communes Under 1000 Inhabitants

The election of municipal councilors takes place by majority voting[4] plurinominal, in two rounds with panachage:

Since the reform of 17 May 2013, a nomination filed with the prefecture or sub-prefecture is required.[6] Isolated candidacies and incomplete lists are allowed,[7] and can not be elected if they have not previously applied for candidacy.[8] The votes are recorded individually, and panachage is allowed: Voters have the right to ignore the lists of candidates, voting for candidates from different lists.

Communes With More than 1000 inhabitants

In communes of over 1000 inhabitants, the election of councilors follows a list system in two rounds with proportional representation: candidates are presented in complete lists. During the vote, the voter can neither add to nor delete from the lists, or change the order of presentation of the lists.[9]

Law No. 82-974 of 19 November 1982[10] replaced the old block vote in communes unit with 3500 inhabitants or more and by the current voting system, "which adds a premium and a majority proportional representation"[3] (translated).

Law No.2000-493 from 6 June 2000 designed to promote equal access of women and men to electoral mandates and elective offices (translated), imposed man/woman parity rules in the municipal elections of municipalities with more than 3500 inhabitants. These rules were applied for the first time in the 2001 election and have been enhanced for the 2008 election.[11]

Since the Act of 17 May 2013 for the election of county councilors, city councilors and community councilors and amending the electoral calendar (translated), these rules apply for communes with at least 1000 inhabitants,[12][13]

The election may be limited to a single round in the case of an absolute majority, or give rise to a second round, in which case:

Municipal elections in communes with more than 1000 inhabitants use the rule majority voting with proportional rate: the first half (rounded if necessary to the next whole number) are assigned seats to be filled from the list with the most votes; other seats are distributed among all the lists present in the final round that took more than 5% of votes cast (including the majority list) which is called proportional to the strongest average.[15]

Thus, this system allowed voters in 2008 in Toulouse, who voted in the first round with 42.6% for Moudenc list, to 39.0% for the Cohen list and 18.4% for other lists and second round to 50.42% for the Cohen list and 49.58% for Moudenc list to be represented by a clear majority at 75.4% by the Cohen list of opposition to the 24.6% Moudenc list.[16] This same method of voting allowed Palois, after a second round of voting, giving 35 seats (71%) for 14316 voters (39%); only 9 seats (18%) for 13974 (38%) voters and 5 seats (10%) for 7713 voters (20%).[17]

Special arrangements for Paris, Marseille and Lyon

In three of France's most populated cities, the election is by electoral area, following the same rules as communes over 1000 inhabitants. These areas correspond to boroughs in Paris and Lyons. In Marseilles, each of the 8 sectors includes two boroughs. Borough councilors are also elected.

Local Governments

Beginning with the municipal elections of 2014, the delegates representing a commune are elected during municipal elections.

Each municipality is represented by a number of city council representatives taking into account its population, elected as follows:

In contrast, representatives of municipalities in the Établissement public de coopération intercommunale (Public Establishment for intercommunal cooperation) without their own tax single-purpose municipal association, syndicat intercommunal à vocations multiples (multi-purpose intercommunal organization), syndicat mixte (mixed union) continue to be elected by each municipal council concerned, as was the case before 2014 for all intercommunal organizations.

Election of Municipal Council and Mayors

Number and Election of Municipal Councilors

The number of seats in the municipal council depends on the number of inhabitants, as set by the law:[20] 7 seats for communes with less than 100 inhabitants up to 69 seats for municipalities with more than 300,000 people.

The number of councilors depends on the size of the city. The decree of 27 January 1977 determined that number based on segments of the population of the municipality of 9 members for smaller municipalities up to 49 for cities with more than 300,000 inhabitants.[21]

The law of November 1982, which is part of a package of reforms being made by the fr:Loi du 31 décembre 1982 relative à l'organisation administrative de Paris, Marseille, Lyon et des établissements publics de coopération intercommunale (Law of 31 December 1982 relating to the administrative organization of Paris, Marseilles, Lyon and public establishments for cooperation) on the specific case of the three biggest cities of France, changed the composition of municipal councils, maintaining the same segments of the population, from 9 to 49 members.[22]

Finally, the Act of 17 May 2013 reduced from 9 to 7 the number of councilors in smaller communities with less than 100 inhabitants.[23][24]

Number of municipal councilors by demographic slice
(counting the municipalities in 2014)
Number of inhabitants < 100 < 500 < 1500 < 2500 < 3500 < 5000 < 10,000 < 20,000 < 30,000 < 40,000
Number of councilors 7 11 15 19 23 27 29 33 35 39
Number of inhabitants < 50,000 < 60,000 < 80,000 < 100,000 < 150,000 < 200,000 < 250,000 < 300,000 ≥ 300,000
Number of councilors 43 45 49 53 55 59 61 65 69

For the city councils of Paris, Lyon and Marseilles, the number of municipal councilors should not be confused with the arrondissement or sector councilors of which there are many more but with limited powers, as determined by the Law on the administrative organization of Paris, Marseille, Lyon:[25]

Number of municipal councilors in the three major cities arrondissements
City Lyon[26] Marseille[26] Paris[27]
Number of municipal councilors 73 municipal councilors 101 municipal councilors 163 councilors of Paris

Councilors are elected by direct universal suffrage for a term of six years, and can be reelected. The vote takes place following the French election procedures.

Election of mayor and deputies

The mayor is elected by the councilors from one of their number.[28] The mayor's office has its own terms: the mayor can freely resign or be replaced in case of death or removal from office of mayor by court order, without causing new municipal elections.

When a new municipal council is elected, the first meeting is held, by law, no earlier than the first Friday and no later first Sunday after the election to perform their statutory duties.[29] The council, chaired by the oldest member,[30] then proceeds to the election of the mayor and deputies.

The mayor is elected by an absolute majority of votes cast in the first two rounds, and the majority on the third. However, if the number of votes of the councilors is the same for both candidates, the older prevails.[31]

The council then sets by resolution the number of deputies, which may not exceed 30% of the council members,[32] and conducts a vote, according to the same rules.

However, since the 2008 municipal elections, the deputy mayors of municipalities with more than 3500 people are elected by general ticket and by an absolute majority without panachage or instant-runoff voting, and in accordance with the principle of parity[33] These rules apply, starting with the municipal elections in 2014, to communes with 1000 inhabitants or more to promote equality between men and women.[Note 3]

Voters

The municipal election is open to all French voters and members of the European Union residing in the township or paying taxes to the commune,[34] that is to say a person who:

A voter votes for candidates within the municipal district, (the town, or borough, in the case of Paris, Lyon, and Marseilles) in which he or she is registered.

The participation of citizens of the European Union

For the first time in the 2001 municipal elections in France, citizens of the countries of the European Union have the right to elect councilors and be eligible for these positions. This provision was contained in section 8B of the Maastricht Treaty.

However, the rights of citizens are limited in application of Article 88-3 of the constitution of 4 October 1958, since non-French citizens are not eligible for the office of mayor or deputy.[35]

To register on a supplementary list in their commune, EU nationals must:

Candidates

People may be candidates for French municipal positions if they:

However, any municipality with more than 500 inhabitants, the number of councilors that do not live in the town at the time of the election may not exceed one quarter of the council members and for small municipalities, 4 for municipalities under 100 people, and 5 for those with a population between 100 and 500 residents.[36]

Beginning in the municipal elections of 2014, a declaration of candidacy is required in all municipalities and it is forbidden to run in several municipalities.[37]

Many provisions of the electoral code establish reasons for ineligibility, to ensure both the freedom of conscience and independence of elected officials. Thus, for example, that candidates can be certain officials in the municipalities affected by the exercise of their function (prefects, judges, police, military officers, agents of the town ...),[38] and after the 2014 elections, some executives of the Public establishment for cooperation between communes with their own tax which the town adheres.[39]

Financial Arrangements

The cost of organizing elections is borne by the state and municipalities in which the polling stations are located.

Costs of campaign materials (cost of paper, printing and distribution of ballot papers, posters and flyers, as well as the display costs) are paid by and are the responsibility of candidates in communes with less 1000 inhabitants.[40]

In communes with more than 1000 inhabitants, the costs of campaign material are paid by the state to candidates with at least 5% of votes cast in one of two ballots and election materials which comply with regulations.[41]

Reimbursements are paid by the state to lists winning at least 5% of votes cast in one of two ballots in the towns of 2500 people or more.[24][42]

In municipalities with more than 2,500 inhabitants, cost of delivering political advertisements and inserting material printed by the candidate lists in polling ballots, are borne by the campaign commissions established in each municipality. In municipalities with smaller populations, lists who want to send printed material to voters and/or a ballot insert must distribute their own and must deliver the printed inserts to the mayor at the latest noon the day before the election[43] or polling stations on the day of the election.[44]

In the communes of 9000 or more inhabitants, the lists are also required to establish a campaign account. This implies that these lists:

These provisions in fact reduce the opportunity to present "whimsical" candidates who are not established locally or who do not have the resources of an organized party.

Publication of results

Municipal election results are published on the website of the Ministry of the Interior.[47] For cities with more than 3500 inhabitants, plus from 2014 onward, municipalities with more than 1000 (party list) people, all lists are cited because they are deposited in the prefecture prior to voting. For smaller municipalities (multi-member majority vote), only the winners are cited, without specifying their original list or the rate of mixing.

Litigation

All voters and all who are eligible to vote may challenge the result of the municipal elections, the election of the mayor and his deputies, representatives of the town to a public institution for cooperation (EPCI) before the Administrative Court,[48] or by reference in a process-verbal, or by writing a complaint within 5 days from the date of the election.[49]

The prefect has the same power, but must file his appeal within 15 days[49] of the election.

Participation

The participation rates for municipal elections in France are quite high. However, there has been a significant decline for several decades. For example, 25.2% of non-voters were recorded for the first round of the 1959 municipal elections, an abstention rate of 35.5% in the first round of the 2008 municipal elections 2008[50] before settling at 36.45% in the 2014 municipal elections, six years later.[51]

History

The law of 5 April 1884 is considered as the founding act of municipal democracy in France, establishing a uniform legal regime for all municipalities of France. It states that the election of the City Council is subject to universal suffrage as well as the election of the Mayor by the city council. The term of office was four years originally. It was increased to 6 years in 1929.[52]

These elections use the voting system of plurality-at-large in two rounds with panachage. This was followed for all municipalities up to the municipal elections of 1947, when proportional representation was applied to municipalities with more than 9000 inhabitants.

The ordonnance of 4 February 1959 restored the majority voting for municipalities with less than 120,000 inhabitants. For others, the election is proportional representation with one round[53] But as soon as 1964, the law completely eliminated proportional representation:[54]

The law of 19 July 1976 changed the boundaries of the sectors of Paris, Marseille and Lyon and created sectors for Toulouse and Nice[55]

The law of 19 November 1982 established the current voting protocols:[56]

The voting takes place by commune except Paris, Marseille and Lyon for which law on the administrative organization of Paris, Marseille, Lyon provides that voting may be by sector. The law also requires equality of counselors and mayors of arrondissements.

In 2013, the threshold between majority and proportional voting was lowered to 1000 inhabitants.

Women in the French municipal elections

The first municipal election in which women could vote and be elected was the municipal elections in 1947:[57]

Changes in the percentage of women mayors and councilors
Année 1947 1953 1959 1965 1971 1977 1983 1989 1995 2001 2008
% of women mayors 0.7% 0.8% 1% 1.1% 1.8% 2.8% 4% 5.5% 7.5% 10.9% 13.9%
% of municipal counselors 3.1% 2.9% 2.4% 2.4% 4.4% 8.3% 14% 17.2% 21.7% 33% 34.8%

Notes

  1. ↑ Voters are able to spread their vote among candidates from multiple parties.
  2. ↑ Voters must choose a slate of candidates from a particular party, with any party getting a majority gaining extra seats on the council.
  3. ↑ Article 29 of law No. 2013-403 of 17 May 2013 amending the wording of Article L. 2 July 2122 of the general code of local authorities.

References

  1. ↑ "Code électoral – Article L227" [Election Code – Article L227] (in French). Legifrance. 9 December 2003. Retrieved 3 November 2014..
  2. ↑ "LOI n° 2013-403 du 17 mai 2013 relative à l'élection des conseillers départementaux, des conseillers municipaux et des conseillers communautaires, et modifiant le calendrier électoral" [LAW No. 2013-403 of 17 May 2013 concerning the election of departmental councilors, city councilors and community councilors and amending the electoral calendar] (in French). Legifrance. 17 May 2013. Retrieved 3 November 2014..
  3. 1 2 Verpeaux, Miche (24 June 2013). "Réformes des modes de scrutin locaux : révolutions et continuités" [Reform of local of voting procedure: revolutions and continuities]. La Semaine juridique, édition administrations et collectivités territoriales (in French) (2186).
  4. ↑ "Code électoral – Article L252" [Electionl Code – Article L252] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014..
  5. ↑ "Code électoral – Article L253" [Election Code – Article L253] (in French). Legifrance. 13 March 1983. Retrieved 3 November 2014..
  6. ↑ "Code électoral – Article L255-4" [Election Code – Article L255-4] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014..
  7. ↑ "Code électoral – Article L255-3" [Election Code – Article L255-3] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014.
  8. ↑ "Code électoral – Article L257" [Election Code – Article L257] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014.
  9. ↑ "Code électoral – Article L260" [Election Code – Article L260] (in French). Legifrance. 13 March 1983. Retrieved 3 November 2014.
  10. ↑ "Loi n°82-974 du 19 septembre 1982 modifiant le code électoral et le code des communes relative à l'élection des conseillers municipaux et aux conditions d'inscription des français établis hors de France sur les listes électorales" [Law No. 82-974 of 19 September 1982 amending the electoral code and the code of Communes on the election of councilors and the criteria for inclusion of French outside France on electoral lists] (in French). legifrance. Retrieved 3 November 2014.
  11. ↑ "Code électoral – Article L264" [Election Code – Article L264] (in French). Legifrance. 1 February 2007. Retrieved 3 November 2014.
  12. ↑ "LOI n° 2013-403 du 17 mai 2013 relative à l'élection des conseillers départementaux, des conseillers municipaux et des conseillers communautaires, et modifiant le calendrier électoral" [LAW No. 2013-403 of 17 May 2013 concerning the election of departmental councilors, city councilors and commune councilors and amending the electoral calendar] (in French). Legifrance. 3 November 2014. Retrieved 3 November 2014.
  13. ↑ décret "Décret n° 2013-938 du 18 octobre 2013 portant application de la loi n° 2013-403 du 17 mai 2013 relative à l'élection des conseillers départementaux, des conseillers municipaux et des conseillers communautaires, et modifiant le calendrier électoral" [Decree No. 2013-938 of 18 October 2013 on the implementation of Law No. 2013-403 of 17 May 2013 concerning the election of departmental councilors, city councilors and commune councilors and amending the electoral calendar] Check |url= value (help) (in French). Legifrance. 3 November 2014. Retrieved 3 November 2014.
  14. ↑ Article L-264 electoral code
  15. ↑ "Code électoral – Article L262" [Election Code – Article L262] (in French). Legifrance. 13 March 1983. Retrieved 3 November 2014.
  16. ↑ "Résultats des élections municipales 2008" [Results of the 2008 Municipal Elections] (in French). Ministère de l'Intérieur. Retrieved 3 November 2014.
  17. ↑ "Résultats des élections municipales 2008" [Results of the 2008 Municipal Elections] (in French). Ministère de l'Intérieur. Retrieved 3 November 2014.
  18. ↑ "Code électoral – Article L273-11" [Election Code – Article L273-11] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014.
  19. ↑ "Code électoral – Article R117-4" [Election Code – Article R117-4] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014.
  20. ↑ "Code général des collectivités territoriales – Article L2121-2" [General Code for Intercommunal Collectives – Article L2121-2] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014.
  21. ↑ "Décret n°77–90 du 27 janvier 1977 Portant Revision Du Code De L'administration Communale Et Codification Des Textes Legislatifs Applicables Aux Communes (Premiere Partie: Legislative)" [Decree No. 77-90 of 27 January 1977 Revision of the Code of the Municipality and Consolidation of Legislation Applicable to Communes (Part I: Legislative)] (in French). Legifrance. 27 January 1977. Retrieved 3 November 2014.
  22. ↑ "Loi n°82-974 du 19 novembre 1982 Modifiant Le Code Electoral Et Le Code Des Communes Relative A L'election Des Conseillers Municipaux Et Aux Conditions D'inscription Des Francais Etablis Hors De France Sur Les Listes Electorales" [Law No. 82-974 of 19 November 1982 Amending the Electoral Code and Code of Communes on the Election of Councillors and Conditions of Registration of French Expatriates on Electoral Rolls] (in French). Legifrance. 19 November 1982. Retrieved 3 November 2014.
  23. ↑ "Code général des collectivités territoriales – Article L2121-2" [General Code for Intercommunal Collectives – Article L2121-2] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014.
  24. 1 2 Potier, Frédéric (24 June 2013). "L'architecte, la parité et le métronome : retours sur l'édification de nouvelles règles électorales pour les élections locales" [The architect, parity and the metronome: back to building new electoral rules for local elections]. La Semaine juridique, édition administrations et collectivités territoriales (in French) (2187).
  25. ↑ Law No. 82-1169 of 31 December 1982 relating to the administrative organization of Paris, Marseille, Lyon and public establishments for cooperation.
  26. 1 2 "Code général des collectivités territoriales – Article L2513-1" [General Code on Intercommunal collectives – Article L2513-1] (in French). Legifrance. 24 February 1996. Retrieved 3 November 2014.
  27. ↑ "Code général des collectivités territoriales – Article L2512-3" [General Code on Intercommunal collectives – Article L2512-3] (in French). Legifrance. 24 February 1996. Retrieved 3 November 2014.
  28. ↑ "Code général des collectivités territoriales – Article L2122-4" [General Code on Intercommunal Collectives – Article] (in French). Legifrance. 12 December 2009. Retrieved 3 November 2014.
  29. ↑ "Code général des collectivités territoriales – Article L2121-7" [General Code on Intercommunal Collectives – Article L:2121-7] (in French). Legifrance. 19 May 2011. Retrieved 3 November 2014.
  30. ↑ "Code général des collectivités territoriales – Article L2122-8" [General Code on Intercommunal Collectives – Article L2122-8] (in French). Legifrance. 12 December 2009. Retrieved 3 November 2014.
  31. ↑ "Code général des collectivités territoriales – Article L2122-7" [General Code on Intercommunal Collectives – Article L2122-7] (in French). Legifrance. 16 March 2008. Retrieved 3 November 2014.
  32. ↑ "Code général des collectivités territoriales – Article L2122-2" [General Code on Intercommunal Collectives – Article L2122-2] (in French). Legifrance. 24 February 1996. Retrieved 3 November 2014.
  33. ↑ "Code général des collectivités territoriales – Article L2122-7-2" [General Code on Intercommunal Collectives – Article L2122-7-2] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014.
  34. ↑ "Code électoral – Article LO227-1" [Election Code – Article LO227-1] (in French). Legifrance. 25 May 1998. Retrieved 3 November 2014.
  35. ↑ "Code général des collectivités territoriales – Article LO2122-4-1" [General Code for Commune Collectives – Article LO2122-4-1] (in French). Legifrance. 26 May 1998. Retrieved 3 November 2014.
  36. 1 2 "Code électoral – Article L228" [Election code – Article L228] (in French). Legifrance. 23 March 2014. Retrieved 3 November 2014.
  37. ↑ Article 25 of Law No. 2013– 403 of 17 May 2013 concerning the election of county councilors, councilors and community councilors and amending the electoral calendar.
  38. ↑ "Code électoral – Article L231" [Election code – Article L231] (in French). Legifrance. 21 March 2014. Retrieved 3 November 2014.
  39. ↑ Article L. 231 8 of the election Code, as amended by the Act of 17 May 2013.
  40. ↑ State Council, 18 January 1984, municipal elections in Trois-Fonds.
  41. ↑ "Code électoral – Article L242" [Election Code – Article L242] (in French). Legifrance. 4 January 1989. Retrieved 4 November 2014.
  42. ↑ "Code électoral – Article L243" [Election Code – Article L243] (in French). Legifrance. 28 October 1964. Retrieved 4 November 2014.
  43. ↑ "Code électoral – Article R55" [Election Code – Article R55] (in French). Legifrance. 28 November 2007. Retrieved 4 November 2014.
  44. ↑ "Code électoral – Article L58" [Election Code – Article L58] (in French). Legifrance. 28 October 1964. Retrieved 4 November 2014.
  45. ↑ "Code électoral – Article L52-11" [Election Code – Article L52-11] (in French). Legifrance. 30 December 2011. Retrieved 4 November 2014.
  46. ↑ "Modes de scrutin pour les élections municipales et concours de l'État aux candidats" [Methods of voting for municipal elections and State support to candidates] (in French). Ministry of Interior. 30 January 2014. Retrieved 12 January 2014.
  47. ↑ "Les résultats municipales". Ministry of Interior. Retrieved 4 November 2014.
  48. ↑ "Code électoral – Article L248" [Election Code – Article L248] (in French). Legifrance. 28 October 1964. Retrieved 4 November 2014.
  49. 1 2 "Code électoral – Article R119" [Electoral Code – Article R119] (in French). Legifrance. 28 November 2007. Retrieved 4 November 2014.
  50. ↑ Goar, Matthieu (20 March 2014). "Municipales : trois questions sur un premier tour indécis" [Municipalities: three questions for a first round undecideds]. Le Monde (in French). Retrieved 4 November 2014.
  51. ↑ "Municipales : 36,45%, taux définitif de l'abstention au premier tour" [Municipalities: 36.45% final rate of abstention in the first round]. Le Monde (in French). 25 March 2014. Retrieved 4 November 2014.
  52. ↑ "Les Grands Principles De La Loi Municipale De 1884" [The Main Principles of the Municipality Law 1884] (in French). Sénat de la France. Retrieved 4 November 2014.
  53. ↑ "Fac-similé JO du 07/02/1959, page 01686" [Facsimile JO 7 February 1959, page 01686] (in French). Legifrance. Retrieved 4 November 2014.
  54. ↑ "Fac-similé JO du 28/06/1964, page 05635" [Facsimile JO 28 June 1964, page 05635] (in French). Legifrance. Retrieved 4 November 2014.
  55. ↑ "Fac-similé JO du 20/07/1976, page 04324" [Facsimile JO 20 July 1976, page 04324] (in French). Legifrance. Retrieved 4 November 2014.
  56. ↑ "Fac-similé JO du 20/11/1982, page 03487" [Facsimile JO 20 November 1982, page 03487] (in French). Legifrance. Retrieved 4 November 2014.
  57. ↑ Christopher Golden and Andre Chastanet, "Parity running slow", Le Figaro, the week of 21 March 2014, page 30
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