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What should be done if the mayor refuses to register or deletes him from the electoral list?
Verified 30 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
If you are not registered on the list of electors of your commune when you filed your application in time, or if you have been removed from the lists of electors of your commune, there are remedies available. These actions are different if you have been informed by a letter that your registration (or cancelation) has been refused or no letter has been sent to you. We present you with the information you need to know.
What applies to you ?
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Registration Refusal Letter
The mayor has 5 days to accept or refuse your application to register on the electoral lists of his commune.
He must inform you of his decision within 2 days by mail (we speak of notification).
You can challenge his refusal decision by making a mandatory prior administrative appeal and then, if necessary, a contentious appeal.
Finally, an appeal to the Court of Cassation is possible.
Step-by-step approach
Approach
To challenge the mayor's decision, you have to make a prior administrative appeal to the commission of control of the electoral lists of the commune. This is essential in order to be able to bring an action before the court, if necessary.
Within 5 days of notification of the mayor's decision, you must refer the matter to the electoral lists control board:
- Or by post with acknowledgement of receipt
- Either by email with acknowledgement of receipt
Your email or email should include the following information:
- Your name, address, date and place of birth
- Date and nature of the Mayor's decision
You must attach to your mail or email:
- A copy of the notification of the mayor's decision
- Proof (including a document that was not provided to the mayor) of the validity of your voter registration
Decision of the Audit Board
The Electoral Lists Control Board must make its decision:
- In the event of an election, not later than 21 days before the firster turn
- Outside electoral context, within 30 days
She then has 2 days to notify his decision to the mayor and yourself.
Three 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
You can file a complaint with the court by mail or by visiting the court.
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)
The court must render its decision within 8 days.
The court notify his decision to the mayor and yourself by registered letter with acknowledgement of receipt, within 2 days.
Who shall I contact
You can form a appeal to the court of cassation against the decision of the court of first instance, within 10 days from the date of notification.
The appeal shall not be suspensive: you shall remain unregistered, at least until the decision of the Court of Cassation.
You must send a declaration by registered mail to the court registry or the court registry 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
Letter of Cancelation
The mayor has to check that you still have the right to be registered on the electoral lists of his municipality and, if that is no longer the case, he has to delist you from the lists.
This is the case, for example, if your reason for registration is no longer valid because you no longer live in the municipality, or if you no longer pay local taxes there, or if you no longer run a business there.
But before delisting you, the mayor must ask you to provide him, within 15 days, proof that your registration on the lists of his commune is still well justified.
After that, if the mayor decides to write you off, he must inform you within 2 days, by mail (notification).
You can challenge that decision by making a prior administrative appeal mandatory, and then, if necessary, a litigation.
Finally, a appeal in cassation is possible.
Step-by-step approach
Approach
To challenge the mayor's decision, you have to make a prior administrative appeal to the commission of control of the electoral lists of the commune. This is essential in order to be able to bring an action before the court, if necessary.
Within 5 days of notification of the mayor's decision, you must refer the matter to the electoral lists control board:
- Or by post with acknowledgement of receipt
- Either by email with acknowledgement of receipt
Your email or email should include the following information:
- Your name, address, date and place of birth
- Date and nature of the Mayor's decision
You must attach to your mail or email:
- A copy of the notification of the mayor's decision
- Proof (including a document that was not provided to the mayor) of the validity of your voter registration
Decision of the Audit Board
The Electoral Lists Control Board must make its decision:
- In the event of an election, not later than 21 days before the firster turn
- Outside electoral context, within 30 days
She then has 2 days to notify his decision to the mayor and yourself.
Three 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.
FYI
The committee may, on its own initiative, decide that you should be expunged. 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
You can file a complaint with the court by mail or by visiting the court.
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)
The court must render its decision within 8 days.
The court notify his decision to the mayor and yourself by registered letter with acknowledgement of receipt, within 2 days.
Who shall I contact
You can form a appeal to the court of cassation against the decision of the court of first instance, within 10 days from the date of notification.
The appeal is not suspensive: you remain disbarred, at least until the decision of the Court of Cassation.
You must send a declaration by registered mail to the court registry or the court registry 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
You don't have a letter
The mayor has 5 days to accept or refuse your application to register on the electoral lists of his commune.
He must inform you of his decision within 2 days, by post (notification).
If you do not receive this mail and you are not registered to vote, you can to bring proceedings before the court.
Finally, a appeal in cassation is possible.
Step-by-step approach
You can check your voter registration:
Approach
You can go to court:
- Either by mail
- Or by going there until Election Day (also until Day 2)d round of the election if you were to be registered 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
Decision of the court
The court must issue its judgment no later than election day.
You are immediately informed.
The appeal in cassation must be formed within 10 days from the date of notification of the decision of the court.
The appeal is not suspensive: you remain deleted or not registered, at least until the decision of the Court of Cassation.
You must send a declaration by registered mail to the court registry or the court registry 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
Refusal decision (Articles L18 and L19), cancelation (Articles L18 and L20)
Litigation
Denial of registration or cancelation
FAQ
Service-Public.fr
Court of Cassation