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15064

Question 15064 — elections and referendums

openFrance· National Assembly· FR

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13 February 2024

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13 February 2024

Summary

Ms. Blandine Brocard draws the attention of the Minister of the Interior and Overseas Territories to the wild display during electoral periods which not only creates inequality between candidates who respect the legislation and those who exempt themselves from it knowing that they will hardly be worried, but also has a lasting impact on the environment of the municipalities and the countryside. Article L. 51 of the electoral code prohibits any display outside of the panels official and free expression billboards where they exist. It also provides that the mayor or, failing that, the prefect may, after formal notice from the candidate(s) in question, proceed to automatically remove the posters. Articles L. 581-34 and L. 581-35 of the environmental code also seem to apply to electoral posters, as mentioned indirectly in article L. 581-35. In fact, apart from a few rare invalidations of elections when the difference in votes is small, it seems that these measures are very rarely applied, while wild electoral display seriously harms democracy and has a lasting impact on the environment. The mayors of the smallest municipalities do not have the means to enforce these provisions and do not have the certainty of being compensated for the automatic filing if they manage to carry out a formal notice and this is not followed up. She asks him to specify the conditions of application of article L. 51 of the electoral code and its financial implications, to remind prefects of the possibility of issuing said formal notices and to encourage them to apply it, to provide candidates, mayors and citizens with a simple means of making a report and that it is followed up, to specify the terms of recovery of costs for removal and restoration of the premises on which the signage is posted, and to specify the terms of application of these provisions when the signage is posted on private land.

Machine translation from French. The official text remains authoritative.

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