Details on postal ballot

In a decision of 30 January 2019 (No. 18-11899), the French Supreme Court stressed again that the general principles of electoral law must be respected for professional elections. It nevertheless gave details of what these principles imply.

Challenging an alleged non-compliance with these general principles, some trade unions and an employee had brought an action to have the elections held invalid on the basis that, in their opinion, the organization of postal ballot did not protect the secrecy and sincerity of votes.

The French Supreme Court nevertheless decided that: “as far as postal ballot in professional elections is concerned, neither the designation in the electoral agreement of individuals other than members of the polling station for the purposes of transporting and keeping ballots nor the absence of special P.O. box for the elections would per se constitute violations of the general principles of electoral law“.