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

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

Your situation

  • You have a letter of cancelation
Edit

The mayor has to check that you still have the right to be registered on the electoral lists of his municipality and, if that is no longer the case, he has to delist you from the lists.

This is the case, for example, if your reason for registration is no longer valid because you no longer live in the municipality, or if you no longer pay local taxes there, or if you no longer run a business there.

But before delisting you, the mayor must ask you to provide him, within 15 days, proof that your registration on the lists of his commune is still well justified.

After that, if the mayor decides to write you off, he must inform you within 2 days, by mail (notification).

You can challenge that decision by making a prior administrative appeal mandatory, and then, if necessary, a litigation.

Finally, a appeal in 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 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.

FYI  

The committee may, on its own initiative, decide that you should be expunged. 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

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 is not suspensive: you remain disbarred, 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.

Who shall I contact

FAQ