The organisation of the elections is entrusted to the National Council of Judicial Administrators and Judicial Officers. NATIONALE D’INSCRIPTION ET DE DISCIPLINE DES MANDATAIRES JUDICIAIRES
The organisation of the elections is entrusted to the Conseil national des administrateurs judiciaires et des mandataires judiciaires by the articles R. 811-3 and R. 812-3 of the French Commercial Code.
The date of the ballot is set by the Conseil national des administrateurs judiciaires et des mandataires judiciaires. The list of voters, drawn up two months before the date of the ballot, is established, depending on the electoral body concerned, by the Commission nationale d’inscription et de discipline des administrateurs judiciaires or by the Commission nationale d’inscription et de discipline des mandataires judiciaires. It is forwarded to the National Council by the Ministry of Justice.
At least six weeks before the election date, the National Council notifies the members of the electorate concerned of the election date and invites candidates to make themselves known.
Candidatures are individual. Candidates are required to make a signed declaration stating their surname, first names, date of birth and the date of their registration on the professional list. This declaration must also state the surname, first names, date of birth and date of registration on the professional list of the person who will replace the elected candidate if he is unable to attend. It must be accompanied by the written acceptance of the replacement.Failing this, the candidacy is null and void.
Declarations of candidacy must be delivered against a receipt or sent by registered letter with acknowledgement of receipt no later than three weeks before the date of the ballot to the Conseil national des administrateurs judiciaires et des mandataires judiciaires.
No later than fifteen days before the date of the ballot, the National Council shall notify the electors of the procedures for the electoral operations as well as the date and place of the counting operations. Depending on the electoral body concerned, it shall send each judicial administrator or each judicial representative appearing on the voters’ list a copy, equivalent to a ballot paper, of the list of candidates.
The ballot papers must include the list of candidates and, under the name of each candidate, the word substitute followed by the name of the person called upon to replace the elected candidate in the event of impediment, as well as, opposite the name of each candidate, a box allowing an order of preference to be expressed.
The voter shall cross out on the ballot paper sent to him, the names of the titular candidates he does not retain and express an order of preference for those he does retain.
A ballot paper without an order of preference and containing more than three names of incumbent candidates that have not been crossed out is invalid, as is any ballot paper that is overloaded.
Voting shall take place by post from the date of receipt of the ballot papers sent by the National Council. The ballot papers must reach the National Council by polling day at the latest. Votes received after this date are invalid.
Each ballot paper is sent in a double envelope; the inner envelope, which contains the ballot paper, must be closed and bear no distinguishing marks; the outer envelope, bearing the words elections, bears the name of the voter and contains the inner envelope. Ballot papers contained in irregular envelopes are void.
After the close of the ballot, the office of the National Council shall proceed with the counting operations in the presence, depending on the electorate concerned, of any judicial administrator or any judicial representative concerned. The outer envelopes are opened, the voter’s name is marked on the voters’ list and the inner envelope is placed in a ballot box. The ballot papers are then counted. The results are immediately declared and a report of these operations is drawn up by the office of the National Council.
