Where the request is not the subject of concordant deliberations by the municipal councils of all the municipalities concerned but is made under the majority conditions provided for in Article L. 2113-2, the people on the municipal electoral rolls are consulted on the advisability of creating the new commune. A decree by the Conseil d’Etat sets out the procedures for these consultations. The expenses are borne by the State.
During the month preceding the consultations, a financial report presenting the tax rates as well as the structure and development of expenditure, debt and staffing levels for all the communes concerned is displayed at the town hall and posted online on the commune’s website, where this exists.
The creation of a new commune may only be decided by decree of the representative of the State in the département where the new commune is located if more than half of the registered voters take part in the ballot and if the project receives, in each of the communes concerned, the agreement of an absolute majority of the votes cast, corresponding to a number of votes at least equal to a quarter of the registered voters.
Any voter taking part in the consultation, any commune concerned and the representative of the State in the département have the right to challenge the legality of the operations before the administrative court. Appeals have suspensive effect.