Refusal of registration, delisting of the electoral list by the mayor: what to do? - You have a letter of cancelation

Verified 21 mai 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • You have a letter of cancelation
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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

FAQ