Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
Vu la Act No. 83-634 of 13 July 1983 amended by article 9 bis on the rights and obligations of civil servants;
Vu la Act No. 2013-431 of 28 May 2013 providing various infrastructure and transport services provisions, including 4th of Article 46 and Article 50;
Vu le Decree No. 2011-184 of 15 February 2011 amended on technical committees in the state administrations and public institutions;
Vu le Decree No. 2013-1273 of 27 December 2013 relating to the Centre for Studies and Expertise on Risk, Environment, Mobility and Development, including 4th of its Article 5,
Stop it!
This Order sets out the modalities for the organization of the elections of the incumbent and alternate representatives of the staff to the Board of Directors of the Centre for Studies and Expertise on Risk, Environment, Mobility and Development (CEREMA) in accordance with provisions of Article 5 (4°) of the decree of 27 December 2013 referred to above, as well as the arrangements for the replacement of these representatives.
The election takes place by the list of proportional representation, secret ballot and single college.
The election shall take place not less than four months and not less than two months before the expiry date of the term of office of the members in office.
However, the first election takes place before the end of 2014, in accordance withArticle 50 of the Act of 28 May 2013 referred to above.
The date of the election as well as the schedule of electoral transactions are set by decision of the Director General of CEREMA.
Staff are informed of the date of the ballot by posting. This is done, at least sixty days before that date, at the CEREMA headquarters and at the various locations of the establishment. It is also carried out in polling stations and sections.
An electoral commission shall be constituted within five days after the closure of the roster. His president is the Secretary General of CEREMA or his representative.
This commission consists of:
- an agent of each of the lists of candidates;
- a number of representatives of the CEREMA management equal to the number of agents, including the Secretary General or his representative, appointed by the Director General of CEREMA.
The electoral commission ensures the proper conduct of the election. It determines the merits of the claims on the provisional list of electors and proposes to the Director General the final list of electors. It determines the validity of the nominations, appreciates the validity of the votes, and proclaims the results of the ballot.
For the performance of electoral operations, electors may be divided into special polling stations and voting sections created by the Director General's decision.
Offices and voting sections include a chair, secretary and assessors appointed by the Director General.
Voters are eligible to be eligible to be electors on the polling date on the CEREMA Technical Establishment Committee, as defined inarticle 18 of the decree of 15 February 2011 referred to above.
The electoral commission shall establish a list of electors that is posted in the different locations of the establishment at least one month before the date fixed for the election.
Within eight days of posting, electors can verify registrations and, if necessary, submit written applications to the electoral commission. Within the same period, and for three days after its expiry, claims may be made in writing concerning registrations or omissions on the list of electors.
The electoral commission shall decide without delay on these claims and propose a final electoral list which shall be decided by the Chief Electoral Officer of CEREMA at least fifteen days before the date of the election.
Eligible CEREMA personnel who are eligible to be registered on the electoral list.
Lists of candidates are submitted by trade union organizations that meet the conditions set out in theArticle 9 of the Act of 13 July 1983 referred to above. A list of candidates may be common to several trade union organizations.
Each trade union organization can only present a list of candidates for one election. No one can be a candidate on several lists of the same ballot.
Each list must have at least eight names and not more than ten names of candidates classified, without mentioning each of the candidates as a holder or alternate.
Each list shall be accompanied by individual nominations signed by each candidate and shall include the name of the agent authorized to represent it with the electoral commission. Each list may be accompanied by a profession of faith.
The lists must be submitted to the Secretary-General on the deadline for applications set out in the schedule of electoral operations. No list may be filed or modified after the deadline for filing the lists.
The filing of the list is subject to a receipt given to the agent.
The lists of candidates are posted within 24 hours of the closing of the list of candidates in all polling stations and sections.
If, within three free days of the deadline for filing the lists, one or more candidates withdrew or are recognized as ineligible by the electoral commission, the electoral commission shall promptly inform the representative of each of the lists concerned. The latter shall then, within a period of three free days from the expiry of the three-day period referred to above, make necessary replacements. In the absence of a replacement, the list concerned is considered to have not submitted any candidates.
If, following the operations defined in the preceding paragraph and before a date fixed by the electoral calendar, a candidate becomes ineligible or is unable to maintain his or her candidacy, the nominee shall make his or her replacement within one week after the electoral commission found the failure. In the absence of a replacement, the list concerned is considered to have not submitted any candidates.
Any failure occurring after the date fixed by the election schedule referred to in the preceding paragraph shall no longer be substituted. However, the list concerned is taken into account in the electoral process.
The ballots and envelopes as well as the professions of faith of the lists of candidates are sent to the electors at least fifteen frank days before the date fixed for the elections. Only envelopes and ballots provided by CEREMA may be used for the voting. The envelopes referred to below "Envelopes No. 2" refer to: " Election to the Board of Directors of CEREMA".
On-site voting takes place, in the polling stations and voting sections, in the urn and under envelope.
Electoral operations are conducted publicly in the workplace and during hours of service. The opening and closing hours of the ballot are decided by the Director General.
The proxy vote is not allowed.
The vote shall be held by secret ballot under the following conditions:
- voters must vote for an entire list without scratching or adding any names or modifying the order of candidates;
- the elector inserts his ballot in the envelope for this purpose. This envelope shall not contain any distinguishing mention or sign.
When it comes to voting the elector must justify his identity by any appropriate means and start the list of electors.
Staff members who do not exercise their duties at the headquarters of a polling station or polling division, as well as those in a regularly authorized position of absence, on maternity, paternity or adoption leave, on parental leave, on parental leave, on sick leave, on long-term sick leave, on employee leave, on leave for trade union training, on leave for professional training, and on leave for employees
Voting by correspondence is carried out in the following ways: electors must vote for an entire list without scratching or adding any names or modifying the order of candidates.
- the elector inserts his ballot in a first envelope (the so-called envelope number 1) for this purpose. This envelope shall not contain any distinguishing mention or sign.
- it then places this envelope no. 1 in a second envelope (the so-called envelope no. 2) that it hides and on which it apposes its signature and clearly bears its name, name and assignment.
- it places this envelope number 2 in a third envelope (known as the envelope number 3) that it hides.
- it addresses envelope No. 3, either by mail or by the internal mail of the institution, the polling section or the polling station of which it depends. For the votes sent by post, the weakening of this envelope is supported by the CEREMA.
Envelope No. 3, regardless of the mode of delivery used, must be sent to the polling section or to the polling station to which the elector depends prior to the polling time.
The census and counting of votes by correspondence are carried out under the following conditions: envelopes No. 3 and envelopes No. 2 are opened. As envelope 2 opens, the list of electors is started and envelope 1 is filed, without being opened, in the urn.
Are apart, without being open:
- Envelopes No. 3 arrived at the polling station after the closing time of the poll;
- Envelopes No. 2 on which the name and signature of the voter or on which the name is illegible;
- the multiple envelopes reached under the signature of a single elector;
- envelopes 2 on which is the name of an agent who has already voted directly to the urn;
- the envelopes No. 1 reached in multiple numbers under the same envelope No. 2;
- envelopes No. 1 found in envelope No. 3 without envelope No. 2;
- envelopes No. 1 bearing a distinctive mention or sign;
- the ballots found without envelope no. 2 or no. 1.
The name of the voters whose envelopes emanate is not on the list of electors.
Each polling division shall transmit the votes collected, under covert fold accompanied by a census report, to its closing polling station.
As soon as they are available, the polling stations proceed to count all the votes in the presence of the electors who wish. During the counting of the ballot, are not recorded in the valid votes cast and are considered null:
- white papers;
- ballots not in conformity with those made available to electors;
- the torn ballots;
- the ballots with a mention, overloads, rats or signs of recognition;
- multiple ballots found in the same envelope number 1 and concerning different lists of candidates.
It is considered validly expressed, and counts for a single vote, the multiple ballots found in the same envelope number 1 and the same list of candidates.
The Presidents of the polling stations shall record the results of the counting operations in a report on which the number of votes, the number of valid votes cast, the number of votes cast and the number of votes obtained by each list are mentioned. Annexed to the minutes, separate envelopes and blank or void ballots.
Upon the establishment of the minutes, the chairs of the polling stations shall, by mail, transmit the original of the said minutes and all votes to the electoral commission.
Upon receipt of all the counting minutes issued by the polling stations, the electoral commission notes the total number of votes and determines the number of valid votes cast and the number of votes obtained for each list of candidates.
The designation of elected candidates shall be carried out by following the order of each list in the following manner:
(a) Total number of seats assigned to each list:
Each list is entitled to as many seats as a incumbent representative as the number of votes collected by it contains the electoral quota. The latter is obtained by dividing the total number of valid votes cast by the number of seats to be filled.
The remaining seats are allocated according to the highest average rule.
In the case where two lists have the same average and where there is only one seat to be filled, this seat is assigned to the list that won the largest number of votes. If the two lists in question have also collected the same number of votes, the seat shall be assigned by drawing of lots;
(b) Designation of the elect:
For each list having obtained one or more seats, the incumbent representative(s) shall be designated according to the order of presentation of the list, and then the alternate representative(s) shall be designated according to the order of presentation of the list.
All these electoral transactions are recorded by the chairman of the electoral commission in a record. He proclaims the results of the election.
The results are displayed in the different locations of the establishment and in the polling stations and sections.
Any disputes over the validity of electoral transactions shall be brought within five days of the proclamation of the results to the Director General of the CEREMA, who shall rule within ten days.
In the event of a vacancy occurring for any cause more than six months before the expiry of the term of office of a representative of the incumbent or alternate staff, a candidate from the list to which the elector is to be replaced by the order of the list.
In the absence of such a possibility, the trade union organization having submitted the list shall designate a replacement for the remaining term of office, among eligible agents at the time of designation.
The Director General of the Centre for Studies and Expertise on Risk, Environment, Mobility and Development is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on September 25, 2014.
For the Minister and by delegation:
The Director of Research and Innovation,
L. Tapadinhas
