Part 172

[Footnote: And may therefore be amended by ordinary legislation. See the law of December 9, 1884, _infra_.]

ARTICLE 4. Paragraph 3 of Article 1 of the constitutional law of July 16, 1875, on the Relation of the Public Powers, is repealed.

CONSTITUTION OF FRANCE: 1875. Law on the Election of Senators. August 2.

ARTICLE 1. A decree of the President of the Republic, issued at least six weeks in advance, determines the day for the elections to the Senate, and at the same time that for the choice of delegates of the municipal councils. There must be an interval of at least one month between the choice of delegates and the election of senators.

ARTICLE 2. Each municipal council elects one delegate. The election is without debate, by secret ballot, and by an absolute majority of votes. After two ballots a plurality is sufficient, and in case of an equality of votes, the oldest is declared elected. If the Mayor is not a member of the municipal council, he presides, but shall not vote.

[Footnote: Amended by Article 8, law of December 9, 1884, _infra_.]

On the same day and in the same way an alternate is elected, who takes the place of the delegate in case of refusal or inability to serve.

[Footnote: See Article 4, law of February 24, 1875, _supra._]

The choice of the municipal councils shall not extend to a deputy, a general councilor, or an arrondissement councilor.

[Footnote: See Article 4, law of February 24, 1875, _supra._ ]

All communal electors, including the municipal councilors, are eligible without distinction.

ARTICLE 3. In the communes where a municipal committee exists, the delegate and alternate shall be chosen by the old council.

[Footnote: Amended by Article 8, law of December 9, 1884, _infra_. ]

ARTICLE 4. If the delegate was not present at the election, the Mayor shall see to it that he is notified within twenty-four hours. He must transmit to the Prefect, within five days, notice of his acceptance. In case of refusal or silence, he is replaced by the alternate, who is then placed upon the list as the delegate of the commune.

[Footnote: See Article 8, law of December 9, 1884, _infra_.]

ARTICLE 5. The official report of the election of the delegate and alternate is transmitted at once to the Prefect; it states the acceptance or refusal of the delegates and alternates, as well as the protests raised, by one or more members of the municipal council, against the legality of the election. A copy of this official report is posted on the door of the town hall.

[Footnote: See Article 8, law of December 9, 1884, _infra_.]

ARTICLE 6. A statement of the results of the election of delegates and alternates is drawn up within a week by the Prefect; this is given to all requesting it, and may be copied and published. Every elector may, at the bureaux of the prefecture, obtain information and a copy of the list, by communes, of the municipal councilors of the department, and, at the bureaux of the sub-prefectures a copy of the list, by communes, of the municipal councilors of the arrondissement.

ARTICLE 7. Every communal elector may, within three days, address directly to the Prefect a protest against the legality of the election. If the Prefect deems the proceedings illegal, he may request that they be set aside.

ARTICLE 8. Protests concerning the election of the delegate or alternate are decided, subject to an appeal to the Council of State, by the council of the prefecture, and, in the colonies, by the privy council. A delegate whose election is annulled because he does not satisfy the conditions demanded by law, or on account of informality, is replaced by the alternate. In case the election of the delegate and alternate is rendered void, as by the refusal or death of both after their acceptance, new elections are held by the municipal council on a day fixed by an order of the Prefect.

[Footnote: See Article 8, law of December 9, 1884, _infra_.]

ARTICLE 9. Eight days, at the latest, before the election of senators, the Prefect, and, in the colonies, the Director of the Interior, arranges the list of the electors of the department in alphabetical order. The list is communicated to all demanding it, and may be copied and published. No elector has more than one vote.

ARTICLE 10. The deputies, the members of the general council, or of the arrondissement councils, who have been announced by the returning committees, but whose powers have not been verified, are enrolled upon the list of electors and are allowed to vote.

ARTICLE 11. In each of the three departments of Algeria the electoral college is composed: (1) of the deputies; (2) of the members of the general councils, of French citizenship; (3) of delegates elected by the French members of each municipal council from among the communal electors of French citizenship.

ARTICLE 12. The electoral college is presided over by the President of the civil tribunal of the capital of the department or colony. The President is assisted by the two oldest and two youngest electors present at the opening of the meeting. The bureau thus constituted chooses a secretary from among the electors. If the President is prevented [from presiding] his place is taken by the Vice-President [of the civil tribunal], and, in his absence, by the oldest justice.

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ARTICLE 13. The bureau divides the electors in alphabetical order into sections of at least one hundred voters each. It appoints the President and Inspectors of each of these sections. It decides all questions and contests which may arise in the course of the election, without, however, power to depart from the decisions rendered by virtue of Article 8 of the present law.

ARTICLE 14. The first ballot begins at eight o'clock in the morning and closes at noon. The second begins at two o'clock and closes at four o'clock. The third, if it takes place, begins at six o'clock and closes at eight o'clock. The results of the ballotings are determined by the bureau and announced the same day by the President of the electoral college.

[Footnote: See Article 8, law of December 9, 1884, infra.]

ARTICLE 15. No one is elected senator on either of the first two ballots unless he receives: (1) an absolute majority of the votes cast; and (2) a number of votes equal to one-fourth of the total number of electors registered. On the third ballot a plurality is sufficient, and, in case of an equality of votes, the oldest is elected.

ARTICLE 16. Political meetings for the nomination of senators may take place conformably to the rules laid down by the law of June 6, 1868 subject to the following conditions:

[Footnote: France is divided Into twenty-six judicial districts, in each of which there is a cour d'appel. There are similar courts in Algeria and the colonies. The Cour de Cassation is the supreme court of appeal for all France, Algeria and the colonies.]

I. These meetings may be held from the date of the election of delegates up to the day of the election [of senators] inclusive;

II. They must be preceded by a declaration made, at latest, the evening before, by seven senatorial electors of the arrondissement, and indicating the place, the day and the hour the meeting is to take place, and the names, occupation and residence of the candidates to be presented;

III. The municipal authorities will see to it that no one is admitted to the meeting unless he is a deputy, general councilor, arrondissement councilor, delegate or candidate. The delegate will present, as a means of identification, a certificate from the Mayor of his commune, the candidate a certificate from the official who shall have received the declaration mentioned in the preceding paragraph.

[Footnote: See Article 8, law of December 9, 1884, infra.]

ARTICLE 17. Delegates who take part in all the ballotings shall, if they demand it, receive from the State, upon the presentation of their letter of summons, countersigned by the President of the electoral college, a remuneration for traveling expenses, which shall be paid to them upon the same basis and in the same manner as that given to jurors by Articles 35, 90 and following, of the decree of June 18, 1811. A public administrative regulation shall determine the method of fixing the amount and the method of payment of this remuneration.

[Footnote: Done by decree of December 26, 1875.]

ARTICLE 18. Every delegate who, without lawful reason, shall not take part in all the ballotings, or, having been hindered, shall not have given notice to the alternate in sufficient season, shall, upon the demand of the public prosecutor, be punished by a fine of fifty francs by the civil tribunal of the capital.

[Footnote: Of the department.] The same penalty may be imposed upon the alternate who, after having been notified by letter, telegram, or notice personally delivered in due season, shall not have taken part in the election.

ARTICLE 19. Every attempt at corruption by the employment of means enumerated in Articles 177 and following, of the Penal Code, to influence the vote of an elector, or to keep him from voting, shall be punished by imprisonment of from three months to two years, and a fine of from fifty to five hundred francs, or by one of these two penalties alone. Article 463 of the Penal Code shall apply to the penalties imposed by the present article.

[Footnote: See Article 8, Jaw of December 9, 1884, _infra_. ]

ARTICLE 20. It is incompatible for a senator to be: I. Councilor of State, Maitre de Requêtes, Prefect or Sub-Prefect, except Prefect of the Seine and Prefect of Police; II. Member of the courts of appeal ("appel, ") or of the tribunals of first instance, except public prosecutor at the court of Paris;

[Footnote: France is divided Into twenty-six judicial districts, in each of which there is a cour d'appel. There are similar courts in Algeria and the colonies. The Cour de Cassation is the supreme court of appeal for all France, Algeria and the colonies.]

III. General Paymaster, Special Receiver, official or employé of the central administration of the ministries.

ARTICLE 21. The following shall not be elected by the department or the colony included wholly or partially in their jurisdiction, during the exercise of their duties and during the six months following the cessation of their duties by resignation, dismissal, change of residence, or other cause:

I. The First Presidents, Presidents, and members of the courts of appeal ("appel");

II. The Presidents, Vice-Presidents, Examining Magistrates, and members of the tribunals of first instance;

III. The Prefect of Police; Prefects and Sub-Prefects, and Prefectorial General Secretaries; the Governors, Directors of the Interior, and General Secretaries of the Colonies;

V. The Chief Arrondissement Engineers and Chief Arrondissement Road-Surveyors;

V. The School Rectors and Inspectors;

VI. The Primary School Inspectors;

VII. The Archbishops, Bishops, and Vicars General;

VIII. The officers of all grades of the land and naval force;

IX. The Division Commissaries and the Military Deputy Commissaries;

X. The General Paymasters and Special Receivers of Money;

XI. The Supervisors of Direct and Indirect Taxes, of Registration of Lands and of Posts;

XII. The Guardians and Inspectors of Forests.

ARTICLE 22. A senator elected in several departments, must let his choice be known to the President of the senate within ten days following the verification of the elections. If a choice is not made in this time, the question is settled by lot in open session. The vacancy shall be filled within one month and by the same electoral body. The same holds true in case of an invalidated election.

ARTICLE 23. If by death or resignation the number of senators of a department is reduced by one·half, the vacancies shall be filled within the space of three months, unless the vacancies occur within the twelve months preceding the triennial elections. At the time fixed for the triennial elections, all vacancies shall be filled which have occurred, whatever their number and date.

[Footnote: See Article 8, law of December 9, 1884, _infra_. ]

[ARTICLE 24. The election of senators chosen by the National Assembly takes place in public sitting, by "scrutin de liste," and by an absolute majority of votes, whatever the number of ballotings.]

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[ARTICLE 25. When it is necessary to elect successors of senators chosen by virtue of Article 7 of the law of February 24, 1875, the Senate proceeds in the manner indicated in the preceding article].

[Footnote: Articles 24 and 25 repealed by law of December 9, 1584, _infra._]

ARTICLE 26. Members of the Senate receive the same salary as members of the Chamber of Deputies. [Footnote: See Article 17, law of November 30, 1875, _infra_. ]

ARTICLE 27. There are applicable to elections to the Senate all the provisions of the electoral law relating: I. to cases of unworthiness and incapacity; II. to offences, prosecutions, and penalties; III. to election proceedings, in all respects not contrary to the provisions of the present law.

Temporary Provisions.

ARTICLE 28. For the first election of members of the Senate, the law which shall determine the date of the dissolution of the National Assembly shall fix, without regard to the intervals established by Article 1, the date on which the municipal councils shall meet for the election of delegates and the day for the election of Senators. Before the meeting of the municipal councils, the National Assembly shall proceed to the election of those Senators whom it is to choose.

ARTICLE 29. The provisions of Article 21, by which an interval of six months must elapse between the cessation of duties and election, shall not apply to officials, except Prefects and Sub-Prefects, whose duties shall have ceased either before the promulgation of the present law or within twenty days following.

CONSTITUTION OF FRANCE: 1875. Law on the Election of Deputies. November 30.

[Footnote: See _infra_, the laws of June 10, 1885, and February 13, 1889, amending the electoral law. ]

ARTICLE 1. The deputies shall be chosen by the voters registered: I. upon the lists drawn up in accordance with the law of July 7, 1874; II. upon the supplementary list including those who have lived in the commune six months. Registration upon the supplementary list shall take place conformably to the laws and regulations now governing the political electoral lists, by the committees and according to the forms established by Articles 1, 2 and 3 of the law of July 7, 1874. Appeals relating to the formation and revision of either list shall be carried directly before the Civil Chamber of the Court of Appeal ("Cassation"). The electoral lists drawn up March 31, 1875, shall serve until March 31, 1876.

ARTICLE 2. The soldiers of all ranks and grades, of both the land and naval forces, shall not vote when they are with their regiment, at their post or on duty. Those who, on election day, are in private residence, in non-activity or in possession of a regular leave of absence, may vote in the commune on the lists of which they are duly registered. This last provision applies equally to officers on the unattached list or on the reserve list.

ARTICLE 3. During the electoral period, circulars and platforms ("professions de foi") signed by the candidates, placards and manifestoes signed by one or more voters, may, after being deposited with the public prosecutor, be posted and distributed without previous authorization. The distribution of ballots is not subjected to this deposit.

[Footnote: See, however, a law of December 20, 1878, by which deposit is made necessary.]

Every public or municipal official is forbidden to distribute ballots, platforms and circulars of candidates. The provisions of Article 19 of the organic law of August 2, 1875, on the elections of Senators, shall apply to the elections of deputies.

ARTICLE 4. Balloting shall continue one day only. The voting occurs at the chief place of the commune; each commune may nevertheless be divided, by order of the Prefect, into as many sections as may be demanded by local circumstances and the number of voters. The second ballot shall take place the second Sunday following the announcement of the first ballot, according to the provisions of Article 65, of the law of March 15, 1849.

ARTICLE 5. The method of voting shall be according to the provisions of the organic and regulating decrees of February 2, 1852. The ballot is secret. The voting lists used at the elections in each section, signed by the President and Secretary, shall remain deposited for eight days at the Secretary's office at the town hall, where they shall be communicated to every voter requesting them.

ARTICLE 6. Every voter is eligible, without any tax qualification, at the age of twenty-five years.

ARTICLE 7. No soldier or sailor forming part of the active forces of land or sea may, whatever his rank or position, be elected a member of the Chamber of Deputies. This provision applies to soldiers and sailors on the unattached list or in non-activity, but does not extend to officers of the second section of the list of the general staff, nor to those who, kept in the first section for having been commander-in-chief in the field, have ceased to be employed actively, nor to officers who, having privileges acquired on the retired list, are sent to or maintained at their homes while awaiting the settlement of their pension. The decision by which the officer shall have been permitted to establish his rights on the retired list shall become, in this case, irrevocable. The rule laid down in the first paragraph of the present Article shall not apply to the reserve of the active army nor to the territorial army.

ARTICLE 8. The exercise of public duties paid out of the treasury of the State is incompatible with the office of deputy. Consequently every official elected deputy shall be superseded in his duties if, within the eight days following the verification of powers, he has not signified that he does not accept the office of deputy. There are excepted from the preceding provisions the duties of Minister, Under Secretary of State, Ambassador, Minister Plenipotentiary, Prefect of the Seine, Prefect of Police, First President of the Court of Appeal ("cassation,") First President of the Court of Accounts, First President of the Court of Appeal ("appel") of Paris, Attorney General at the Court of Appeal ("cassation,") Attorney General at the Court of Accounts, Attorney General at the Court of Appeal ("appel") of Paris, Archbishop and Bishop, Consistorial Presiding Pastor in consistorial districts whose capital has two or more pastors, Chief Rabbi of the Central consistory, Chief Rabbi of the Consistory of Paris.

ARTICLE 9. There are also excepted from the provisions of Article 8: I. titular professors of chairs which are filled by competition or upon the nomination of the bodies where the vacancy occurs; II. persons who have been charged with a temporary mission. All missions continuing more than six months cease to be temporary and are governed by Article 8 above.

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ARTICLE 10. The official preserves the rights which he has acquired to a retiring pension, and may, after the expiration of his term of office, be restored to active service. The civil official who, having had twenty years of service at the date of the acceptance of the office of deputy, and shall be fifty years of age at the time of the expiration of this term of office, may establish his rights to an exceptional retiring pension. This pension shall be regulated according to the third Paragraph of Article 12 of the law of June 9, 1853. If the official is restored to active service after the expiration of his term of office, the provisions of Article 3, Paragraph 2, and Article 28 of the law of June 9, 1853, shall apply to him. In duties where the rank is distinct from the employment, the official, by the acceptance of the office of deputy, loses the employment and preserves the rank only.

ARTICLE 11. Every deputy appointed or promoted to a salaried public position ceases to belong to the Chamber by the very fact of his acceptance; but he may be re-elected, if the office which he occupies is compactible with the office of deputy. Deputies who become Ministers or Under-Secretaries of State are not subjected to a re-election.

ARTICLE 12. There shall not be elected by the arrondissement or the colony included wholly or partially in their jurisdiction, during the exercise of their duties or for six months following the expiration of their duties due to resignation, dismissal, change of residence, or any other cause: I. The First-Presidents, Presidents, and members of the Courts of Appeal ("appel"); II. The Presidents, Vice-Presidents, Titular Judges, Examining Magistrates, and members of the tribunals of first instance; III. The Prefect of Police; the Prefects and General Secretaries of the Prefectures; the Governors, Directors of the Interior, and General Secretaries of the Colonies; IV. The Chief Arrondissement Engineers and Chief Arrondissement Road-Surveyors; V. The School Rectors and Inspectors; VI. The Primary School Inspectors; VII. The Archbishops, Bishops, and Vicars General; VIII. The General Paymasters and Special Receivers of Money; IX. The Supervisors of Direct and Indirect Taxes, of Registration of Lands, and of Posts; X. The Guardians and Inspectors of Forests. The Sub-Prefects shall not be elected in any of the arrondissements of the department where they perform their duties.

ARTICLE 13. Every imperative mandate is null and void.

ARTICLE 14. Members of the Chamber of Deputies are elected by single districts. Each administrative arrondissement shall elect one deputy. Arrondissements having more than 100,000 inhabitants shall elect one deputy in addition for every additional 100,000 inhabitants or fraction of 100,000. Arrondissements of this kind shall be divided into districts whose boundaries shall be established by law and may be changed only by law.

ARTICLE 15. Deputies shall be chosen for four years. The Chamber is renewable integrally.

ARTICLE 16. In ease of vacancy by death, resignation, or otherwise, a new election shall be held within three months of the date when the vacancy occurred. In case of option, the vacancy shall be filled within one month.

[Footnote: i. e., when a deputy had been elected from two or more districts.]

ARTICLE 17. The deputies shall receive a salary. This salary is regulated by Articles 96 and 97 of the law of March 15, 1849, and by the provisions of the law of February 16, 1872.