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Refusal to register, removal from the list of electors by the mayor: what to do?

Verified 24 February 2020 - Directorate for Legal and Administrative Information (Prime Minister)

If you are not registered on the electoral list of your town hall and you have filed your application in time, or if you have been removed from the electoral list of your commune, there are remedies. These remedies differ depending on whether or not you have received a letter announcing that your application is refused, or that you have been canceled.

You have a rejection letter

After you submit your application to register on the electoral roll, the mayor has 5 days to accept or refuse it. The mayor must then inform you of his decision by sending you a letter (notification) within 2 days.

It is possible to challenge the mayor's decision, making it obligatorily prior administrative appeal, and, if necessary, litigation..

Remedy

To challenge the mayor's decision, you have to prior administrative appeal before electoral roll review board of the municipality. This administrative appeal is essential in order to be able to appeal to the court in a contentious manner.

To do this, you must send:

  • an email with acknowledgement of receipt or an email with acknowledgement of receipt
  • to the control commission indicated on the notification decision of the mayor
  • within 5 days from the date of receipt of this notification

Mail must contain:

  • Your surname, address, date and place of birth,
  • Date and nature of the mayor's decision,
  • Copy of the notification of the mayor's decision (to be attached to the letter),
  • Proof (including a document not provided to the mayor) of the validity of your application (to be attached to the mail).

Decision

From the date of receipt of the appeal, the control commission has 30 days to make his decision, then 2 days to notify the voter and the mayor.

FYI  

in the event of an election, it must make its decision no later than 21 days before the 1to turn and notify it within 2 days.

At the end of this period, 3 situations are possible:

  • The commission has notified you of its decision, it accepts your registration on the electoral list.
  • The Commission has notified you of its decision and rejects your appeal. You can make a contentious appeal.
  • The commission did not send you a letter. His silence is refusal. You can make a contentious appeal.

You can appeal to the judicial court:

  • If the commission has notified you of its refusal. You then have 7 days to challenge his decision.
  • Or if the commission has not acted
  • Or if you don't know the commission's decision

Referral to court

It is possible to apply to the court by mail or on the spot.

You must provide your first and last names and provide the following documents:

  • Copy of prior administrative appeal
  • Copy of the acknowledgement of receipt of the prior administrative appeal
  • Copy of commission decision (if received)

The court shall issue its decision within 8 days of the filing of the appeal.

The decision is notified to you and the mayor within 2 days by registered letter with acknowledgement of receipt.

It is not possible to appeal the court's decision, but it can be appealed against in cassation.

Cassation

You can file a cassation appeal against the court's decision within 10 days from the date of its notification. The appeal is not suspensive: you are therefore not registered.

You must send a statement by registered mail to the court registry that issued the decision or to the court registry of the Court of Cassation. The declaration shall include:

  • Your first and last names
  • Your address
  • The statement of the pleas in law,
  • A copy of the court decision.

FYI  

you do not have to take a lawyer.

You have a write-off

The mayor shall verify that the voter on the electoral roll of his commune has the right to do so and, if this is no longer the case, he shall remove him from the list. This is the case for a voter who no longer lives in the municipality, who no longer pays local taxes or who no longer runs a company there.

Before canceling the voter, the mayor must contact him so that he can provide him within 15 days, proof that his registration on the communal list is always well justified.

At the end of this procedure, if the mayor decides to remove the elector, he must inform the elector of his decision by sending him a mail (notification) within 2 days.

It is possible to challenge the mayor's decision, by obligatorily making a prior administrative appeal, and, if necessary, litigation..

Remedy

To challenge the mayor's decision, you have to prior administrative appeal before electoral roll review board of the municipality. This administrative appeal is essential in order to be able to appeal to the court in a contentious manner.

To do this, you must send:

  • an email with acknowledgement of receipt or an email with acknowledgement of receipt
  • to the control commission indicated on the notification decision of the mayor
  • within 5 days from the date of receipt of this notification

Mail must contain:

  • Your surname, address, date and place of birth,
  • Date and nature of the mayor's decision,
  • Copy of the notification of the mayor's decision (to be attached to the letter),
  • Proof (including a document not provided to the mayor) of the validity of your registration on the list of electors (to be attached to the mail).

Decision

From the date of receipt of the appeal, the control commission has 30 days to make his decision, then 2 days to notify the voter and the mayor.

FYI  

in the event of an election, it must make its decision no later than 21 days before the 1to turn and notify it within 2 days.

At the end of this period, 3 situations are possible:

  • The commission has notified you of its decision, it goes against the mayor's decision.
  • The commission has notified you of its decision, it confirms your cancelation. You can make a contentious appeal.
  • The commission did not send you a letter. His silence is refusal. You can make a contentious appeal.

Please note

the commission may, on its own initiative, decide to remove you. If it notifies you of a cancelation decision, you can appeal to the court.

You can appeal to the judicial court:

  • If the commission has notified you of your cancelation. You then have 7 days to challenge his decision.
  • Or if the commission has not acted
  • Or if you don't know the commission's decision

Referral to court

It is possible to apply to the court by mail or on the spot.

You must provide your first and last names and provide the following documents:

  • Copy of prior administrative appeal
  • Copy of the acknowledgement of receipt of the prior administrative appeal
  • Copy of commission decision (if received)

The court shall issue its decision within 8 days of the filing of the appeal.

The decision is notified to you and the mayor within 2 days by registered letter with acknowledgement of receipt.

It is not possible to appeal the court's decision, but it can be appealed against in cassation.

Cassation

You can file a cassation appeal against the court's decision within 10 days from the date of its notification. The appeal is not suspensive: so you stay off.

You must send a statement by registered mail to the court registry that issued the decision or to the court registry of the Court of Cassation. The declaration shall include:

  • Your first and last names
  • Your address
  • The statement of the pleas in law,
  • A copy of the court decision.

FYI  

you do not have to take a lawyer.

You don't have a letter

After filing your application for registration on the electoral list, the mayor must send you within 7 days a letter to inform you of his decision.

If you do not receive this mail and you are not registered on the electoral roll, you can appeal to the court. It is not possible to appeal the court's decision, but it can be appealed against in cassation.

To know: the list of electors for the municipal, community and metropolitan elections of Lyon is published no later than 24 February 2020. If you do not appear in it, you can also appeal to the court.

It is possible to verify your registration on the list of electors using this service:

Verify your election registration and polling station

You may apply to the court:

  • By mail
  • Or by visiting the country until election day (also until election day 2)d ballot if you were to be registered on the list of electors onto tower).

You must provide the following documents:

  • Certificate issued by the town hall mentioning the material error and the non-inclusion on the lists of the town. This certificate can be obtained at the election office of the town hall.
  • Copy of ID
  • Proof of domicile
  • Form of referral to the judge
  • Any document that allows the judge to assess the merits of your application

The judgment of the court shall be delivered not later than the day of the election. You are informed immediately.

It is not possible to appeal the court's decision, but it can be appealed against in cassation.

An appeal in cassation must be filed within 10 days from the date of notification of the court's decision. The appeal is not suspensive: you remain deregistered or unregistered.

You must send a declaration by registered mail to the court registry or to the court registry of the Court of Cassation. The declaration shall include:

  • Your first names
  • Your voter address,
  • Statement of the pleas in law,
  • Copy of court decision.

FYI  

you do not have to take a lawyer.