The contours of the legislative election are strict, and contain in particular many types of ineligibility related to the functions held by the candidates.
A little over a month before the first round of the legislative elections, the candidacies are becoming clearer. While the various political parties are formalizing the list of their suitors, several prospective candidates have thrown in the towel at the start of the week, such as journalist Taha Bouhafs and vice-president of Reconquête Marion Maréchal. But beyond the political dithering, there are strict principles that each candidate must respect in order to be able to present themselves.
18 years old
Because as in all elections, the contours of this ballot are set by rules that the Ministry of the Interior lists on its website. Thus, to be a candidate, it is necessary to be 18 years old on the day of the first round of the ballot, but also to “have the quality of voter and to enjoy his civic rights”, that is to say to be of nationality French.
Other constraints are also listed. If it is not necessary for the candidate “to appear on the electoral roll of one of the communes of the legislative constituency” that he covets, he cannot present himself in more than one constituency. In addition, “no one can be both a candidate and a replacement for another candidate” and “no one can appear as a replacement on several declarations of candidacy”, we still learn.
In the particular case of a senator in office, he or his replacement has the right to present himself. On the other hand, “a senator or his replacement cannot be a replacement for a candidate”, it is specified. Last peculiarity, a replacement who would have become a holder “following the appointment of the holder as a member of the government” is prohibited from “applying against him.”
Several types of ineligibility
On the website of the National Assembly, two types of ineligibilities are listed, including ineligibilities relating to the person. Thus, it is stated that it is impossible for persons placed under guardianship or curatorship to stand in the legislative ballot.
In addition, it is also noted that candidacy is impossible for individuals who “have been declared ineligible following violations of the rules of financing electoral campaigns or guilty of fraudulent maneuvers having undermined the sincerity of the vote”, just like for those who would not have “satisfied the law on national service”, i.e. the census, the defense preparation call and the call to the flag, we learn on Legifrance.
In the case of offences, it is first of all necessary to distinguish the indictment, and the presumption of innocence which allows a candidacy, and the final condemnation. If a conviction is not systematically synonymous with ineligibility, since 2017, article 131-26-2 of the Penal Code on the other hand, provides for the mandatory pronouncement of an additional sentence of ineligibility for crimes and certain misdemeanors. Among these, violence, discrimination, scams, concussions or even insider trading.
Then, the ineligibilities relating to the functions are also listed, and these are numerous. Thus, the Defender of Rights, his deputies and the Comptroller General of places of deprivation of liberty are ineligible throughout the territory for the duration of their mandate, while the prefects are ineligible in “the constituencies included in the scope of their functions or functions they have performed for less than three years.”
Finally, magistrates, officers exercising a territorial command, certain civil servants exercising management and control responsibilities in the external, regional and departmental services of the State as well as the members of the cabinet of the territorial communities are ineligible “in any constituency included in the jurisdiction in which they exercise or have exercised their functions for less than one year.”