ELECTIONS: DON’T FORGET TO INCLUDE THE OPENING AND CLOSING TIMES OF BALLOTS IN THE ELECTION MINUTES

Cass. Soc. French Supreme Court (“Cour de cassation”) (Social Division) - 16 October 2013, n°12-21.680 (French) 

In a judgement on the 16th October 2013, the Court of Cassation stated that where the works council president has not noted the closing time of ballots (as required by Article R57 of the electoral code), the integrity of electoral operations is affected and, as a general rule in electoral law, constitutes an irregularity that, in and of itself, justifies the cancellation of elections.

Vigilance is therefore required. Unfortunately, CERFA forms made available on the internet by the administration do not currently have a field for noting the opening and closing times of ballots. It is therefore essential to add this information, or face the cancellation of elections.

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