Key Benefits:
The Minister of Finance and Public Accounts, the Minister of Social Affairs and Health and the Secretary of State responsible for the budget,
Vu le Electoral code ;
Vu la Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial public service;
Vu la Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 2007-173 of 7 February 2007 amended on the National Pension Fund for Local Government Officers;
Considering the advice of the National Standards Assessment Board dated 10 July 2014,
Stop:
I. - The election of members, holders and alternates, of the Board of Directors of the National Pension Fund of Local Government Officers shall be carried out pursuant to decree of 7 February 2007 referred to aboveunder the conditions established by this Order.
II. - This election is organized in two simultaneous electoral processes:
1° Election of representatives of local authorities and their public institutions as well as representatives of the institutions mentioned in theArticle 2 of the Act of 9 January 1986 referred to above registered at the said body, divided into four colleges;
2° The election of representatives of the national caisse affiliates, divided into two colleges.
Each college is subject to a separate vote.
III. - The implementation of this election, in accordance with the fundamental principles governing electoral operations, is under the effective control of the Fund for Deposits and Consignations.
I. - Two alternative methods of expressing votes are proposed to electors of all colleges referred to in articles 9-2 and 9-3 of the decree of 7 February 2007 referred to above:
1° Electronic voting by internet;
2° The vote by mail.
These two voting methods allow the automatic starting and counting of votes.
II. - The master's work on the two voting terms selected is provided by the Caisse des dépôts et consignations.
III. - The design, management and maintenance of these voting solutions can be provided by a specialized technical provider.
Confidentiality and security obligations are required for all persons involved in the voting system, including the Fund's officers of the deposits and consignations responsible for the management and maintenance of the voting system and those of the service provider, if they have been entrusted to it.
The ballot shall be held:
1° From 20 November 2014 to 9 a.m. to 4 December 2014 at 6 p.m. on e-voting via internet;
2° From 20 November 2014 to 9 a.m. to 4 December 2014 inclusive, regarding the correspondence vote, the stamp of the position being held. The last postal lift will be carried out under the control of a bailiff on 9 December 2014.
A polling station shall be established for each of the two electoral operations defined in section 1: the employer polling station and the affiliate voting office.
Their seat is fixed by the Caisse des dépôts et consignations.
The polling stations shall exercise the powers vested in them by the present decree for both voting methods.
They are responsible, inter alia, for the monitoring of the regularity of the ballot and the electoral operations entrusted to it. They ensure effective monitoring of the electoral process and, in particular, of all voting operations, of the electorate voting and of the polling operations.
They ensure respect for the principles governing electoral law.
The polling stations shall prepare the minutes of the elections in two copies signed by all officers and shall proceed without delay to the proclamation of the results. They advertise the results.
Each polling station is composed of an inspector or an inspector general of the administration, president, appointed by the Minister responsible for the Interior, two representatives of the Director General of Local Authorities and two representatives of the Director General of the Care Offer.
The employer voting office also includes a representative of the Director of Social Security.
Members of each polling station shall be appointed by the competent ministers. In the event that the chair of the polling station is unable, the members of the office shall designate their alternate.
Decisions of the polling station shall be taken by a relative majority. In the event of the equal sharing of votes, the president has a dominant voice.
I. - The representatives of the communities of the first and the second colleges shall be elected by a list of votes proportional to the highest average, without bandaching or preferential vote. The polling station determines the electoral quota by dividing the number of valid votes cast by the number of incumbent seats of the first college and the second college to be filled. It is assigned to each list of candidates as many seats as the number of votes collected by it contains the electoral quota. The remaining seats are allocated according to the highest average rule.
II. - The representative of the communities of the third college is elected by majority vote. The incumbent seat is assigned to the candidate of the list who has won the largest number of votes. On equal terms, the oldest candidate is declared elected.
III. - The representatives of the establishments of the fourth college shall be elected, for each of the seats composing this college, by majority vote.
The director of each electorate selects three lists of candidates. The vote can only be drawn on entire lists, without delisting or adding names and without changing the order of presentation of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
Candidates shall be elected to hold the candidates first in the order of presentation of the three lists which have won the largest number of votes. On an equal basis, the seat of the holder shall be assigned to the oldest candidate.
Alternate members shall be appointed from the candidates immediately following the candidates elected to the list order.
IV. - Representatives of the affiliates of the fifth and sixth colleges shall be elected by college, by a list of proportional representation, to the highest average, without bandaching or preferential vote.
Any affiliate can only vote once and in a single college.
The polling station determines the electoral quota by dividing the number of valid votes cast by the number of seats of representatives holding affiliates to be filled.
It is assigned to each list of candidates as many seats as the number of votes collected by it contains the electoral quota. The remaining seats are allocated according to the highest average rule.
The incumbent representatives are designated according to the order of presentation of the list on which they are elected.
Alternate representatives shall be appointed from the candidates immediately following the nominations of the elected candidates.
The lists of electors are drawn up by colleges by the Director General of the Caisse des dépôts et consignations or his representative.
Electors and eligible for the fifth College shall be the interns and incumbent officials referred to in IV and V of Article 9-3 of the above-mentioned Decree of 7 February 2007, eighty-four frank days before the date of the ballot.
Electors and eligible for the sixth College shall be the holders of a personal pension or a widower's or widow's reversion pension of the National Pension Fund of Local Government Officers, acquired under the old age or disability referred to in IV and V of Article 9-3 of the above-mentioned Decree of 7 February 2007, eighty-four francs days before the date of the ballot.
They are advertised under the terms and conditions set out in Article 10.
They are communicated to the chairs of the polling stations.
No one can be an elector in more than one college from the date the electoral lists are final.
The electoral lists are as follows:
I. - The lists of electors of the fifth and sixth college shall contain for each elector:
1° His registration number on the list of electors;
2° Its surname, if any, followed by the name of use and the surname(s);
3° His affiliate number for the fifth college and his pension number for the sixth college.
The electors are listed in the alphabetical order of the family name.
The voter registration number is a randomly assigned sequential number for each college.
II. - For the fifth college, partial lists of electors are developed by the manager to allow each community or employer institution to display the list of affiliates attached to it.
Employers may submit requests to the manager for the registration of agents under their authority or for the removal of agents no longer under their authority.
Affiliates occupying jobs in several communities are listed on the community list for which they complete the largest number of hours of work or, in the case of equal work, on the community list where recruitment is the oldest.
III. - For the sixth college, partial lists of electors are developed by the manager to allow their display by the board of residence of the retirees.
Advertising of electoral lists is as follows:
I. - At least seventy-one days before the date fixed for the closing of the ballot, electors of the first, second, third and fourth colleges are informed by the electoral manager and his conditions and their registration on the electoral lists.
The lists are available on the website of the National Pension Fund for Local Government Employees.
II. - Fifty-nine days at least before the closing date of the poll, electors of the fifth college shall be informed by the community or employer institution, on the basis of the documents transmitted by the manager, of the elections and their conditions, as well as of the filing of the by-election list, extracted from the overall list in accordance with Article 9.
The by-election list and voting conditions, which can be found on the website of the National Pension Fund of local government officials, are also posted in premises that are easily accessible to staff and which the public does not normally have access.
Employer communities and institutions are responsible for informing affiliates in the detachment position, as well as those placed in a statutory position that does not allow them to travel to their place of work on an extended basis.
III. - Fifty-nine days at least before the closing date of the poll, the electors of the sixth college shall be informed by the mayor of their place of residence, on the basis of the documents transmitted by the manager, the elections and their conditions, as well as the filing of the by-election list, extracted from the overall list in accordance with the III of Article 9.
The by-election list and voting conditions, which can be found on the website of the National Pension Fund of local government officials, are also posted on the premises of the city hall.
By derogation from the above provisions, electors of the sixth college residing outside the metropolis and overseas departments are notified individually by the manager.
IV. - Electors of the first, second, third and fourth colleges may verify their registration on the lists of electors and, where appropriate, submit a request to the Fund for correction for registration or cancellation of the lists of electors within five days of the publication provided for in I.
The Director General of the Caisse des dépôts et consignations or his representative shall decide on the applications within five working days of receipt.
Within a maximum period of three working days following the date of receipt of the notification, an appeal against the decision may be lodged with the judge of the administrative residence of the elector, who decides as in the matter of municipal elections.
The lists of electors are final on the forty-first day before the closing date of the ballot, which is 24 October 2014.
V. - Electors of the fifth and sixth colleges may verify their registration on the lists of electors and, if necessary, submit to the manager a request to rectify the registration or delisting of the lists of electors before the forty-eighth day preceding the closing date of the ballot, no later than 17 October 2014.
The Director General of the Caisse des dépôts et consignations or his representative shall decide on the applications within five working days of receipt.
Within a maximum period of three days after the date of receipt of the notice, an appeal against the decision may be filed before the judge of the administrative residence of the grievor or before the judge of the proceeding of the residence of the retiree, who decides as in the matter of municipal elections.
The lists of electors are final on the forty-first day before the closing date of the ballot, which is 24 October 2014.
VI. - Subject to the provisions of the preceding paragraphs concerning remedies, no correction of these lists shall be allowed after their closure. The final lists of electors are available under the conditions defined in section 11. These lists are communicated to the President of the relevant polling station.
The final electoral lists are posted on the website of the National Pension Fund for Local Government Employees and are available at the National Fund headquarters.
Correction request forms are posted online.
Requests for correction of electoral lists are transmitted exclusively to the Caisse des dépôts et consignations, by post.
Administrative decisions resulting from requests for correction of electoral lists are addressed by the same way.
I. - Lists of candidates and nominations are prepared and printed by candidates from the forms posted on the website of the National Pension Fund for Local Government Officers. They are filed no later than eighty-seven days, September 8, 2014, prior to the close of the ballot at the address indicated by the manager.
The Caisse des dépôts et consignations has a period of three days, from the deadline for filing the lists, to reject a list or application.
The Caisse des dépôts et consignations notifies this rejection without delay to all candidates of the list concerned by reasoned decision. The necessary corrections shall be made to the list within three days of the date of receipt of the notification of that decision. If no correction is made, this list cannot participate in the elections.
The candidate has twenty-four hours to appeal to the Administrative Court, which first and last resorts within three days of filing the application.
If the reasoning of the ineligibility occurred after the deadline for filing the lists and before the date of sending of the voting material, the ineligible candidate is removed from the list by the Director General of the Caisse des dépôts et consignations, or its representative, and may be replaced without changing the date of the elections.
II. - Each list must be accompanied by a declaration of nomination of each candidate with its signature and name, first names, date and place of birth, and quality.
No one can be a candidate on several lists.
III. - Lists of candidates are addressed to the Director General of the Caisse des dépôts et consignations who acknowledge receipt.
IV. - The official order of presentation in the electoral documents composing the voting material is drawn by lot.
Candidate organizations lay their logos and their professions of faith primarily electronically. Otherwise, the same deposits may be made on a computer-based basis at the headquarters of the National Pension Fund for Local Government Officers.
Individual nominations shall be submitted to the headquarters of the National Pension Fund for Local Government Officers, in addition to the deposits made under the first paragraph of this article.
All of these deposits are made by September 8, 2014. No application may be received or amended after that date.
For the fifth and sixth colleges, the electoral campaign material includes for each of the lists of candidates a profession of faith of 210 × 297 mm and a poster of 297 × 420 mm format for the propaganda and announcement of meetings.
The manager addresses, in one place by list of candidates, 50,000 professions of faith and 50,000 posters concerning it. The broadcast expenses made by each list are refunded on the basis of three hundred different addresses and on the presentation of an invoice.
For the purpose of carrying out electoral campaign material, the originals of the profession of faith and the poster model of each list are transmitted to the place and within the time limits set by Article 14.
Lists of candidates and professions of faith are posted on the website of the National Pension Fund of local government officials referred to in Article 11, by September 17, 2014.
I. - The voting material described in section 21 is sent to electors by the manager by November 17, 2014.
For the electors of the first, second, third and fourth colleges, the consignments are made to the administrative mailing address of the electors.
For electors in the fifth and sixth colleges, mailings are made to the personal mailing address of electors.
However, for electors of the fifth college whose postal address is not known to the manager on the final election lists deadline, October 24, 2014, the mailing may be sent to the employer, in charge of the employer to hand it over to the agent concerned. The same applies to shipments that have been returned from the postal distributor.
II. - Folds that could not be delivered or transmitted are destroyed at the end of the litigation deadlines.
III. - In the event of a loss of non-receipt or deteriorating voting material, the elector's request may be made for the assignment of replacement equipment.
Requests are sent by mail, electronic or telephone.
I. - The e-voting operations via the internet are conducted simultaneously with the e-voting operations via the internet.
The voting by correspondence shall be carried out, as the vote is counted by correspondence, from the closing of the e-voting by the Internet set out in article 3 of this decree.
Voting counting operations take place from the close of the ballot set out in section 3.
The counting of e-voting via the internet is made after the vote by mail.
Voting and counting processes in place must guarantee the secrecy of the vote making it impossible to establish a link between the name of the elector and the expression of his vote.
II. - If the elector votes by internet and by correspondence, electronic voting by internet is taken into account above all; the detected correspondence vote is not counted in the demarcation and is not depopulated.
III. - In addition to the double votes referred to in II, are declared null the votes by correspondence made:
1° Using any other means than those provided in the voting material provided for in Article 21;
2° T card reached without a vote label or with several voting labels;
3° A T card or label bearing a statement, distinguishing sign or modification;
4° Card T or deteriorated label preventing any computer processing.
Internet ballots not decipherable by the electronic voting solution are declared null.
The T-cards sent after the closing date of the poll, the stamp of the post being authentic, are set aside without being processed and without the name of the electors whose names they emanate from being drawn on the electoral lists.
IV. - Each polling station conducts the control of the voting scoring and counting operations by ensuring that they are strictly separated by college.
At least two members of the office must be present during the mailing and counting operations.
A representative of each of the lists of candidates may attend the work of the polling station with respect to the electoral operation.
V. - Each polling station shall prepare the minutes of the election of the colleges under its jurisdiction, including the T-cards declared null and T-cards received after the voting closes.
He proclaims the results of the elections.
Each list of candidates who participated in the elections of representatives of employers or affiliates may request the manager all or part of the information referred to in section 26 relating to the College of Submission of the List.
A telephone assistance platform is responsible for answering questions from electors throughout the voting period from 9 a.m. to 5 p.m., except Saturday, Sunday and public holidays. The non-surtaxed call number is transmitted with the voting material. This mission may be entrusted to a contractor under the effective control of the Fund for Deposits and Consignations.
The voting equipment shall include:
I. - For all electorate colleges mentioned in articles 9-2 and 9-3 of the decree of 7 February 2007 referred to above:
1° A cardboard A4 format including a T card to be detached following the dotted:
(a) At the front and back of the cardboard record are specified the voting procedures and, for each of them, the procedure to be followed, as well as the authentication means, generated randomly;
(b) At the front of the T card is the posting box where the vote is sent;
(c) At the back of the T card are a barcode, randomly generated, identifying the elector as well as the locations where the elector must place the self-adhesive label corresponding to the list of candidates of his choice.
2° A self-adhesive label board with barcodes.
Each label corresponds to a list of candidates. Labels are presented in the official order of applications. The name of the list of candidates is given for each corresponding self-adhesive label and at the bottom of the page, under the label to be taken by the elector.
3° An information note detailing the voting operations and the general operation of the electronic voting system via the internet.
This note contains the elements of access to the voting platform to access the lists of electors, the lists of candidates, the professions of faith and the voting feature. The terms of access to the telephone platform are also indicated.
II. - For the fifth and sixth colleges mentioned in article 9-3 of the above-mentioned decree of 7 February 2007, a notebook of the professions of faith of each candidate organization presenting a list of candidates, with in annex a summary list of the names of the candidates for each list presented.
III. - Alternative voting equipment shall be requested no later than ten days before the date of the voting.
Requests are sent by mail, electronic or telephone.
The correspondence vote is as follows:
1° The elector takes off the self-adhesive label corresponding to the list of its choice and the place, in the direction indicated, on the location for this effect of the T card;
2° The elector detaches the T card;
3° The elector posts the T card, without defrauding it, before the polling closes.
After the close of the polls, the voting start and count operations are processed computerly by the manager.
Each polling station shall establish a single record that shall agree the findings and results of both voting operations, specifying:
I. - Events during the voting, if any, statements made on the electronic voting system and the conduct of the ballot, as well as the claims of the candidates and the reasoned decisions of the polling station.
II. - The data by college, on the voters' stands, the number of registered electors, the number of voting electors, the number of votes cast, the number of votes cast, divided according to the following states:
1° For the fifth college defined in section 9-3 of the above-mentioned decree of 7 February 2007, the results by employer for territorial employers with at least fifty registered electors and for hospital employers with at least fifteen registered electors;
2° Results by department;
3° Results by region;
4° Results by employer type (territorial or hospital);
5° The results by legal nature of the employer (collectivity or institution);
6° National results.
The invalid ballots referred to in section 18 are attached to the minutes.
They are countersigned by the president of the polling station with an indication of the decision taken and its reasons for each of them.
The minutes of the vote, which can be consulted by the electors and the candidates until the expiry of the time limit for litigation, is published on the website http://www.cnracl.fr.
The procedure for counting votes must, if necessary, be able to be executed again.
The Caisse des dépôts et consignations keeps under seal, under the conditions set out in the articles L. 212-2 and L. 212-3 heritage code, supporting files including copying of source programs and executable programs, all voting materials, booting, results and backup files up to the exhaustion of contentious times.
If no contentious action has been taken, the Caisse des dépôts et consignations will destroy the supporting files. Only the lists of candidates with nominations and professions of faith, the minutes of the election and the appointment of members of the polling stations are maintained.
Publication of electoral results for all elections is made online on the site http://www.cnracl.fr.
Rule 27 Learn more about this article...
Electoral transactions may be contested before the administrative tribunal within five days of the proclamation of the results.
The appeals filed with the Registry of the Administrative Court of Bordeaux are examined and tried in the forms and deadlines provided by the Electoral code for municipal elections.
Are repealed:
1° The decision of 5 June 2008 setting the date and terms of the elections of elected representatives to the Board of Directors of the National Pension Fund of Local Government Officials;
2° The Order of August 19, 2011 setting out the date and terms of the election of representatives of the establishments referred to in section 2 of the Act of January 9, 1986 to the Board of Directors of the National Pension Fund of Local Government Officials.
The Budget Director, the Director of Social Security and the Director General of the Caisse des dépôts et consignations are responsible, each with regard to the execution of this Order, to be published in the Official Journal of the French Republic.
Done on August 1, 2014.
Minister of Social Affairs and Health,
For the Minister and by delegation:
By preventing the Director of Social Security:
The Chief of Service, Assistant to the Director of Social Security,
J. Bosredon
Minister of Finance and Public Accounts,
For the Minister and by delegation:
By preventing the Budget Director from:
The Deputy Director,
G. Bailly
The Secretary of State in charge of the budget,
For the Secretary of State and by delegation:
By preventing the Budget Director from:
The Deputy Director,
G. Bailly
