Question 97 — elections and referendums

Summary

The transfer to municipalities of the management of electoral proxies has regularly been considered by both the legislator and the regulatory authorities. An amendment to this effect was thus presented as part of the examination in Parliament of law no. 2011-267 of March 14, 2011 on orientation and programming for the performance of internal security, known as “LOPPSI 2”. This amendment was, however, rejected by the Law Commission of the National Assembly on September 29, 2010. Bill No. 3461 having the same purpose was also rejected by the National Assembly on June 14, 2011. This rejection was motivated by the desire not to expose mayors, who are also responsible for establishing electoral lists, to suspicion. Previously, on January 27, 2004, the Council of State had issued a negative opinion on the draft decree implementing the ordinance No. 2003-1165 of December 8, 2003 relating to administrative simplifications in electoral matters, which provided in its initial version to transfer the establishment of proxies to territorial agents. He considered that this transfer “would carry serious risks of undermining the sincerity of electoral operations, to the extent that these agents would be likely to be the subject of direct or indirect pressure from the municipality” (opinion no. 369 8999). In this context, and in order to facilitate the delivery of proxies, it was decided to simplify the procedures for establishing proxies in order to allow a greater number of voters to vote by proxy. Thus, the conditions for submitting a proxy request have been relaxed with the completion of the online form made possible by Decree No. 2013-1187 of December 18, 2013 and the expansion of the number of sworn agents likely to receive requests by Decree No. 2012-220 of February 16, 2012. Wishing to continue along the path of simplification of voting by proxy and anxious to lighten the burden that the collection of proxies represents for the internal security forces, the Ministry of the Interior is continuing its work of reflection on the possible evolution of the proxy system. delivery of proxies by electronic means, as specified in its roadmap communicated on September 5, 2017.

Machine translation from French. The official text remains authoritative.

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