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Harle v. France

Judgment

Question Presented: Should elections be annulled when 1) there were inconsistencies between the number of ballot papers and signatures, and 2) the candidate violated electoral propaganda laws when he posted a personal propaganda photo on his Facebook?

Summary: Regarding the election operations, the evidence showed that the number of voters who signed the registry on election day was one signature short compared to the total number of ballot and envelopes found in the ballot box, therefore the Council decided to deduct one vote from the result of the winner candidate in that election, and from the total of ballot cast in that polling station. The vote difference between the two candidates for the second round thus became 7. Regarding the breach of the campaign silence period and the misuse of public function, the Constitutional Council considered that the release of these messages on the Facebook pages of the candidate and his deputy mayor did not have a private character. Due to the narrow difference of votes between the two candidates after the 2nd round election, the Constitutional Council considered that the violation of campaign silence period by the release of these messages on Facebook affected the fairness of the election (“est de nature à affecter la sincérité du scrutin)” without looking into the remaining allegations.

Conclusion: The Constitutional Council cancelled the elections, which were held on 11 & 18 June 2017 in the 4th district of Loiret.

Legal Issue(s)

Applicable Law(s): Constitution; Organic Law; Electoral Code; Regulation for the rules of procedures before the Constitutional Council for National Assembly and Senate elections disputes resolution

Language of Decision

Geolocation

Latitude: 48.84411178792865

Longitude: 2.3180223844776364