When the sixth paragraph of article L. 2334-37 is applied, voting takes place on complete lists without adding or deleting names and without changing the order of presentation. These lists must include a number of candidates that is more than half the number of seats to be filled by each college, unless the number of municipalities or public inter-municipal cooperation bodies with their own tax status that meet the conditions set out in 1° and 2° of article L. 2334-37 is insufficient. In the latter cases, the lists must include a number of candidates at least equal to the number of seats to be filled.
Where article R. 2334-33 is applied, the lists of candidates are submitted to the prefecture on a date set by order of the prefect. This order also sets the deadline for sending in ballot papers. The election takes place by post; the ballot papers are sent to the Prefect by registered letter with acknowledgement of receipt. By way of derogation, the organisation of the ballot is not required if, for a college, only one list of candidates complying with the provisions of this article has been submitted. Where no list of candidates complying with the provisions of this article has been submitted for a college, lots shall be drawn from the list of members of the college in question.
Each ballot paper shall be placed in a double envelope; the inner envelope must not bear any words or distinctive sign; the outer envelope must bear the words: “Election of the members of the commission provided for in article L. 2334-37 of the General Local Authorities Code”, the indication of the college to which the person concerned belongs, his name, his position and his signature.
The ballot papers shall be counted by a commission chaired by the prefect or his representative and composed of two mayors appointed by him.
A representative of each list may attend the counting of the ballots.
In the event of a tie, the eldest candidate is declared elected.
When, for any reason whatsoever, the seat of a member of the commission becomes vacant, it is allocated, for the remainder of the term of office, to the first non-elected candidate on the same list.
The results 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.