CHAPTER III : Creation of a new commune and merged communes

The electors called upon to vote on the advisability of creating a new commune pursuant to article L. 2113-3 are convened by order of the prefect, published in the communes concerned at least three weeks before the date of the poll.

Voters cast a yes or no vote. To this end, they are provided with two ballot papers printed on white paper, one of which bears the answer “yes” and the other the answer “no”. These ballot papers are sent to each voter by the prefecture. The text of the prefect’s order provided for in article R. 2113-1.

On polling day, ballot papers sent by the prefect to the mayors of the municipalities concerned are placed at the disposal of voters in each polling station under the responsibility of the polling station chairman.

The consultation shall take place on the same day in each of the communes concerned by the project for the creation of the new commune. The ballot shall be organised by commune. Participating in the consultation shall be the electors entered on the electoral roll drawn up in accordance with the provisions of the Electoral Code.

The provisions of articles L. 47 and L. 48 of the electoral code concerning propaganda are applicable to the consultation.

Subject to the specific provisions of this section, the provisions of articles L. 53 to L. 78 and the Articles R. 40 to R. 80 of the Electoral Code concerning preparatory operations for the ballot, voting operations and voting by proxy are applicable to the consultation. The polling stations are composed in accordance with the provisions of articles R. 42 to R. 45 of the electoral code.

The counting of votes immediately follows the closure of the ballot. The scrutineers are appointed by the polling station from among the voters present. The number of envelopes is checked. If there are more or fewer envelopes than votes cast, this is noted in the minutes. The chairman distributes the envelopes to be checked between the various tables. At each table, one of the scrutineers extracts the ballot paper from…

In each commune, the results are recorded in a report drawn up in duplicate; one of the copies remains deposited in the town hall secretariat, the other is immediately forwarded to the prefect.

In the light of the communal minutes, the prefect totals and records the results of the consultation in each of the communes concerned; he draws up the minutes notified to the mayors of the communes concerned and arranges for publication in each of these communes.

Appeals lodged by voters pursuant to Article L. 2113-3 are filed with the clerk of the administrative court within five days of the publication of the results provided for in article R. 2113-9. An appeal lodged by the Prefect must be made within two weeks of receipt of the minutes.