The election of the representatives mentioned in article R. 5211-23 shall take place by post.
The ballot papers shall be sent or deposited at the prefecture of the department, in accordance with the procedures laid down by the order provided for in article R. 5211-23.
Each ballot paper is placed in a double envelope: the inner envelope must not bear any indication or distinctive sign; the outer envelope must bear the words: “Election of the members of the departmental commission for inter-communal cooperation”, the indication of the college to which the interested party belongs, his name, position and signature.
The results of the election are declared by a commission comprising:
a) The prefect or his delegate, chairman;
b) Three mayors appointed by the prefect, on the proposal of the departmental association of mayors;
c) A departmental councillor appointed by the prefect, on the proposal of the chairman of the departmental council, or, in Corsica, a councillor to the Assembly of Corsica appointed by the prefect on the proposal of the chairman of that assembly ;
d) A regional councillor appointed by the prefect, on the proposal of the president of the regional council, or, in Corsica, an executive councillor appointed by the prefect on the proposal of the president of the executive council.
The secretariat of the commission is provided by an agent of the prefecture.
A representative of each list may supervise the ballot counting operations.
Seats are allocated to candidates in the order of presentation on each list.
If several lists have the same average for the allocation of the last seat, it goes to the list that has obtained the highest number of votes. In the event of a tie, the seat is awarded to the oldest candidate eligible to be declared elected.
The results of the election are published at the behest of the prefect. They may be challenged before the administrative court within ten days of such publication by any elector, by the candidates and by the prefect.