Following the last municipal elections, an outgoing mayor and unelected candidate and his running mates were not granted any seats and asked the administrative court to annul these elections. If the administrative court rejects the application, the applicant then decides to bring his action before the Conseil d'État.

The outgoing mayor's complaint concerns election propaganda. Indeed, the “circular” of the list of electors included a photograph of all the candidates on that list posing in front of the entrance to the town hall, overhung by the two French flags fixed on a flag-bearer in the form of a tricolor shield (blue-white-red) affixed to the facade. However, the Conseil d'État points out that, according to Article R27 of the Electoral Code, ‘the use of the national emblem and the juxtaposition of the three colors (blue, white and red) are prohibited on posters and flyers with an electoral purpose or character, provided that it is liable to cause confusion with the national emblem, with the exception of the reproduction of the emblem of a political party or group’.

Consequently, for the Conseil d'État, the insertion of this photograph in an electoral circular is a use prohibited by the provisions of the Electoral Code.

The Conseil d'État also considers that, in view of the small discrepancy recorded in the first ballot, that irregularity was such as to call into question the sincerity of the ballot in this case.

In support of these elements, the Council of State annuls the administrative court's judgment and annuls the elections.