ELECTORAL AND ELIGIBILITY
LexInter | April 25, 2002 | 0 Comments

ELECTORAL AND ELIGIBILITY

Article L513-1
(Law n ° 82-372 of May 6, 1982 art. 11 and art. 12 Official Journal of May 7, 1982)
(Law n ° 2001-397 of May 9, 2001 art. 11 Official Journal of May 10, 2001)
(Law n ° 2001-1066 of November 16, 2001 art. 7 I Official Journal of November 17, 2001)
(Law n ° 2002-73 of January 17, 2002 art. 182 V Official Journal of January 18, 2002)
   To be voters, employees and employers must be over sixteen years of age, exercise a professional activity or be under an apprenticeship contract or be involuntarily deprived of employment, and not be subject to any prohibition, revocation or relative incapacity for their civic rights.

Voters in the sections of industry, commerce and commercial services, agriculture and miscellaneous activities, employees, workers, heads of family workshops working themselves, domestic workers, apprentices and more generally all employees not referred to in the paragraph below.

The following are electors in the management section: engineers as well as employees who, even if they do not exercise command, have equivalent training, whether or not certified by a diploma; employees who, having acquired technical, administrative, legal, commercial or financial training, exercise command by delegation from the employer; supervisors who have a written delegation of command; travelers, representatives and ushers.

Employers are voters who employ one or more employees on their own behalf or on behalf of others.
Craftsmen, traders and farmers can give a mandate, in writing, to their collaborating spouse mentioned in the directory of trades, the trade and companies register or the agricultural social protection register, to replace them with a view to registration on the electoral list. A decree in Council of State determines the conditions of application of this provision.
The general partners, the chairmen of the boards of directors, the general managers and directors, the executives with a service, a department or an establishment of the company, a particular delegation of authority, established by written, allowing them to be assimilated to an employer.

Only employers employing one or more employees under the said section can participate in the election of employer advisers to the management section. If an employer employs only one or more of these employees, he can only elect the employer advisers of the management section.

Voters are registered and vote only in one section.

Paragraph 2: Eligibility
Article L513-2
(Law n ° 82-372 of May 6, 1982 art. 13 Official Journal of May 7, 1982)
(Law n ° 86-1319 of December 30, 1986 art. 5 Official Journal of December 31, 1986)
(Law n ° 2001-1066 of November 16, 2001 art. 7 I Official Journal of November 17, 2001)
(Law n ° 2002-73 of January 17, 2002 art. 182 VI Official Journal of January 18, 2002)
   Are eligible, provided they have French nationality, be at least twenty-one years old and not subject to any prohibition, forfeiture or incapacity relating to their civic rights;
1 ° Persons who are registered on the labor tribunal electoral lists or who fulfill the conditions required to be registered there;
2 ° Persons having been registered on the labor tribunal electoral lists for at least three years, provided that they have exercised the activity for which they have been registered for less than ten years.
   No one can be a member of more than one industrial tribunal.
No one may be a candidate in more than one labor tribunal, nor in a section of a nature other than that under which he is registered, has been registered or meets the conditions to be registered on the electoral lists prud ‘homales.

Candidates are eligible:
In the section of the labor tribunal where they are registered, have been registered or meet the conditions to be registered;
In the section of the same nature of the adjoining council (s) or, in the case of retirees, in that of the council in which their domicile is located. The concepts of “bordering council” or “council” are assessed, with regard to the agriculture section, according to the remit of this section defined according to the rules provided for in Articles L. 511-3 and L. 512 -2.

Paragraph 3: Establishment of electoral lists
Article L513-3
(Law n ° 82-372 of May 6, 1982 art. 14 Official Journal of May 7, 1982)
(Law n ° 85-772 of July 25, 1985 art. 120 Official Journal of July 26, 1985)
(Law n ° 86-1319 of December 30, 1986 art. 7 Official Journal of December 31, 1986)
(Decree n ° 92-229 of March 12, 1992 art. 1 Official Journal of March 14, 1992)
(Law n ° 2001-1066 of November 16, 2001 art. 7 I Official Journal of November 17, 2001)
(Law n ° 2002-73 of January 17, 2002 art. 181 I Official Journal of January 18, 2002)
Voters are registered on the electoral list of the municipality in which they exercise their main professional activity.
Employees exercising their activity in several municipalities, working outside any establishment or depending on several employers, as well as, under conditions fixed by decree, employees involuntarily deprived of employment, are registered on the list of the town hall of the place of employment. their home.
   By way of derogation from the rules set out in the preceding paragraphs, employees working in France outside any establishment and domiciled abroad are registered on the electoral rolls of the municipality where the head office of the company which primarily employs them is located. .

By way of derogation from the rule set in the first paragraph, employees and employers exercising their main professional activity on the right of way of an aerodrome attached to the jurisdiction of a labor tribunal pursuant to the third paragraph of article L. 511-3 are registered on the electoral list of the municipality where this industrial tribunal has its seat.

The employer must communicate to the competent administrative authority the lists of the employees he employs, mentioning the section to which the company or establishment belongs.

The lists are kept in their entirety for fifteen days, for the strict purposes of consultation and verification with a view to the organization of the poll, at the disposal of the staff. They are then sent to the competent administrative authority with the written observations of the interested parties if there are any.

The electoral list is established by the mayor assisted, beyond a threshold, fixed by decree, of voters registered on the electoral list of the municipality during the last general elections of a commission whose composition is fixed by decree. Employers are required to leave the time necessary to perform their duties to employees of their company appointed members of the electoral commission. The time spent outside the company by these employees is assimilated to an actual working time under the conditions provided for in the second paragraph of article L. 514-1. The participation of an employee in this commission can not be the cause of a sanction or a breach of the employment contract by the employer.
As from the deposit of the electoral list adopted by the mayor, any voter or a representative designated by him may refer to the mayor of the municipality on the list of which he is or should be registered with a dispute concerning his registration or l registration of a group of voters. The same right belongs to the agent of a list of candidates coming under the industrial tribunal for which the dispute is lodged. Requests concerning another voter or a group of voters are made without having to justify a mandate from the voter (s) concerned, provided that they have been notified and have not declared their opposition to it. The mayor’s decision can be contested by the authors of the ex gratia appeal before the district court which rules in the last resort. A Council of State decree determines the conditions for implementing these provisions.
After the closing of the electoral list, any dispute relating to registration, whether it concerns a single voter or a group of voters, is brought before the district court which rules in the last resort until polling day. . The said dispute may be brought, under the conditions set by a decree in the Council of State, by:
– the prefect;
– the prosecutor ;
– any voter;
– the representative of a list, without having to justify a mandate of the interested voter (s), provided that they have been warned and have not declared to oppose it.

By way of derogation from the provisions which subject them to professional secrecy, the social security bodies or funds as well as the mutual social agricultural funds communicate to the services of the Ministry of Labor, for the sole purpose of informing employers and mayors about prudential elections. ‘homale to come, the lists and addresses of companies or establishments employing one or more employees.

The national commission for information technology and freedoms is responsible for controlling the use of lists drawn up on computerized documents.

Paragraph 4: Establishment of lists of candidates
Article L513-3-1

(inserted by Law n ° 2001-1066 of November 16, 2001 art. 7 II Official Journal of November 17, 2001)

The declaration of candidacy results from the deposit with the prefecture of a list under the conditions fixed by decree.
Lists presented either by a political party or by an organization advocating discrimination based in particular on sex, morals, sexual orientation, origin, nationality, race or ethnicity are not admissible. or religious convictions, and thus pursuing an objective foreign to the prud’homale institution.

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