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Refusal of registration, delisting of the electoral list by the mayor: what to do?
Verified 21 May 2021 - Directorate for Legal and Administrative Information (Prime Minister)
If you are not registered on the list of electors of your municipality when you filed your application in time, or if you have been removed from the list of electors of your municipality, there are remedies available. These remedies differ depending on whether you have received a letter informing you that your application is refused or that you have been canceled.
What applies to you ?
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You have a rejection letter
After you submit your application to register on the voters list, the mayor has 5 days to accept or reject it. The mayor must then inform you of his decision by sending you a letter (notification) within 2 days.
You can challenge the mayor's decision by making a mandatory prior administrative appeal, then, if necessary, a litigation.
Appeals
To challenge the mayor's decision, you must make a prior administrative appeal in front of electoral lists control board of the commune. This administrative remedy is essential in order to then be able to bring a contentious appeal before the court.
To do this, you must send a letter with acknowledgement of receipt or an email with acknowledgement of receipt to the control commission indicated on the notification of the mayor's decision.
You must send it within 5 days from the date of receipt of notification of the mayor's decision.
It shall contain the following information:
- Your name, 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 mail)
- Proof (including a document that was not provided to the Mayor) of the validity of your registration on the voters list (to be attached to the application)
Decision
From the date of receipt of the appeal, the control committee has 30 days to make a 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 firster 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, rejecting your appeal. You can take legal action.
- The commission did not send you a letter. His silence is tantamount to refusal. You can take legal action.
You can appeal to the court of law in one of the following cases:
- The commission has notified you of its refusal. You then have seven days to challenge his decision.
- The commission has not ruled
- You don't know what the commission's decision was
Bring the matter before the court
It is possible to refer the case to the court by post or on the spot.
You must provide your first and last names and the following documents:
- Copy of the prior administrative appeal
- Copy of the acknowledgement of receipt of the prior administrative appeal
- Copy of the Commission's decision (if received)
Who shall I contact
The court shall issue its decision within eight days of the filing of the appeal.
His decision is notified to you and the mayor within 2 days by registered letter with acknowledgement of receipt.
The court's decision cannot be appealed, but it can be appealed on a point of law.
Appeal in cassation
You can appeal the court's decision to the Court of Cassation within 10 days from the date of notification. The appeal is not suspensive: you are therefore not recorded.
You must send a declaration by registered mail to the Registry of the Court of First Instance or the Registry of the Court of Cassation. The declaration shall include the following information:
- Your name, first names
- Your address
- Statement of the grounds of cassation (i.e. the grounds on which you appeal)
- Copy of court decision
FYI
you don't have to hire a lawyer.
Who shall I contact
Who shall I contact
You have a letter of cancelation
The mayor verifies that the elector registered on the list of electors of his municipality has the right to do so and, if that is no longer the case, he must remove him from the list. This is the case for a voter who no longer lives in the municipality or pays local taxes or runs a business there.
Before deleting the voter, the mayor must contact him to provide him within 15 days proof that his inclusion on the communal list is still well justified.
After that, if the mayor decides to delete the voter, he must inform the voter of his decision by sending him a letter (notification) within 2 days.
It is possible to challenge the mayor's decision by making a mandatory prior administrative appeal, then, if necessary, a litigation.
Appeals
To challenge the mayor's decision, you must make a prior administrative appeal in front of electoral lists control board of the commune. This administrative remedy is essential in order to then be able to bring a contentious appeal before the court.
To do this, you must send a letter with acknowledgement of receipt or an email with acknowledgement of receipt to the control commission indicated on the notification of the mayor's decision.
You must send it within 5 days from the date of receipt of notification of the mayor's decision.
It shall contain the following information:
- Your name, 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 mail)
- Proof (including a document that was not provided to the Mayor) of the validity of your registration on the voters list (to be attached to the application)
Decision
From the date of receipt of the appeal, the control committee has 30 days to make a 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 firster 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 take legal action.
- The commission did not send you a letter. His silence is tantamount to refusal. You can take legal action.
Please note
the commission may, on its own initiative, decide to expunge you. If she notifies you of a decision to expunge, you can appeal to the courts.
You can appeal to the court of law in one of the following cases:
- The commission notified you of your cancelation. You then have seven days to challenge his decision.
- The commission has not ruled
- You don't know what the commission's decision was
Bring the matter before the court
It is possible to refer the case to the court by post or on the spot.
You must provide your first and last names and the following documents:
- Copy of the prior administrative appeal
- Copy of the acknowledgement of receipt of the prior administrative appeal
- Copy of the Commission's decision (if received)
Who shall I contact
The court shall issue its decision within eight days of the filing of the appeal.
His decision is notified to you and the mayor within 2 days by registered letter with acknowledgement of receipt.
The court's decision cannot be appealed, but it can be appealed on a point of law.
Appeal in cassation
You can appeal the court's decision to the Court of Cassation within 10 days from the date of notification. The appeal is not suspensive: you therefore remain disbarred.
You must send a declaration by registered mail to the Registry of the Court of First Instance or the Registry of the Court of Cassation. The declaration shall include the following information:
- Your name, first names
- Your address
- Statement of the grounds of cassation (i.e. the grounds on which you appeal)
- Copy of court decision
FYI
you don't have to hire a lawyer.
Who shall I contact
Who shall I contact
You don't have a letter
After you submit your application for registration on the voters list, the mayor must send you a letter within 7 days to inform you of his decision.
If you do not receive this mail and you are not registered on the voters list, you can appeal to the court. The court's decision cannot be appealed, but it can be appealed on a point of law.
It is possible to check your registration on the voters list using this online service:
You can go to court:
- Either by mail
- Or by going there until Election Day (also until Day 2)d ballot if you were to be entered on the list of electors as of the 1ster tower).
You must provide the following:
- Certificate issued by the City Hall mentioning the material error and the non-inclusion on the lists of the municipality. This certificate can be obtained from the office of elections of the mayor.
- Copy of ID
- Proof of domicile
- Judge's referral form
- Any document enabling the judge to assess the merits of your application
Who shall I contact
The judgment of the court shall be delivered no later than the day of the election. You are immediately informed.
The court's decision cannot be appealed, but it can be appealed on a point of law.
The appeal shall be lodged within 10 days of the date of notification of the decision of the court of first instance. The appeal is not suspensive: you remain deleted or not registered.
You must send a declaration by registered mail to the Registry of the Court of First Instance or the Registry of the Court of Cassation. The declaration shall include the following information:
- Your name, first names
- Your address
- Statement of the grounds of cassation (i.e. the grounds on which you appeal)
- Copy of court decision
FYI
you don't have to hire a lawyer.
Who shall I contact
Who shall I contact
Refusal decision (Articles L18 and L19), cancelation (Articles L18 and L20)
Litigation
Denial of registration or cancelation
FAQ
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