What should be done if the mayor refuses to register or deletes him from the electoral list? - Registration Refusal Letter

Verified 30 avril 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • You have a rejection letter
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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.