Three candidates in Marseille (RN, Printemps Marseillais and LREM) have filed appeals to contest the result of the municipal elections last June in their sector. We take stock of an election that is being played for a fourth round before the administrative tribunal.
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- Which sectors are affected?
On February 2, the administrative court studied the appeal of Jean-Philippe Agresti, head of the LR list in the 3rd sector (4th and 5th arrondissements), won in the second round by the Printemps Marseille. The dean of the law school of Aix-en-Provence was eliminated in the first round, failing to have been able to cross the necessary 10% mark (9.69%).
Yannick Ohanessian (Printemps Marseille) contests the municipal victory of Julien Ravier and Sylvain Souvestre (LR) in the 6th sector (11th and 12th arrondissements). The hearing is scheduled for February 19 before the administrative court. 352 votes separate the two candidates.
Stéphane Ravier (RN) will follow to cancel the election of General David Galtier (LR) in the 7th sector (13th and 14th arrondissements). The head of the National Rally in Marseille list and unsuccessful candidate for re-election, was ahead of 387 votes. This 7th sector was the only one won by the National Rally in Marseille in 2014.
- What are the grounds invoked?
In the 3rd sector won by Michèle Rubirola, Jean-Philippe Agresti disputes the results of the first round which caused him to lose the election for about fifty votes. He tries to show that a possible qualification would have changed the situation of the second round.
In the 6th sector, Yannick Ohanessian reports a “deleterious climate incompatible with public order, […] systematic transgression to the many rules of substance and form, […]”, during an election marred in particular by suspicion of false proxies.
In the penal aspect of this case, the investigators are digging the trail of a retirement home in the 12th arrondissement where some fifty proxies have been established for residents, some senile, and this without their knowledge, according to several families.
In the 7th sector, “the analysis of signatures in the signing books revealed nearly 500 different initials between the two rounds for the same voters. In addition, more than 900 invalid ballots were counted on June 28, against one little more than 200 in each of the other sectors of Marseille “, indicates the National Rally.
- What can the judge decide?
Once the votes are valid, the judge can in particular modify the number of votes received by a candidate. And tilt the election in favor of an unsuccessful candidate by declaring certain candidates elected instead of others.
In the event of a substantial defect, the judge of the administrative court may decide to partially or totally cancel the ballot. He can finally recognize the ineligibility of a candidate.
- What could be the consequences?
In the 3rd sector (4th and 5th arrondissements), the public rapporteur has issued an unfavorable opinion on the merits of the appeal filed by Jean-Philippe Agresti. In 9 out of 10 hearings, the judges follow the opinion of the rapporteur. He asked for confirmation of the election. The court should follow.
In the 6th sector, the result of the ballot should be examined by the administrative magistrates on February 19, but the criminal aspect of the case could well lead the administrative court to suspend its decision.
In the 7th sector, 387 votes are in the balance. If the court recognizes the fraud put forward by the RN candidate in the signing books, the election could change, without consequence for the current majority. The hearing is scheduled for February 16.
Finally improbable case, if the election were to be canceled in at least three sectors, it is the whole election of the mayor of Marseille which falls.
- What appeal against the decision rendered?
Any appeal against the decision of the administrative tribunal must be brought before the Council of State (not the Administrative Court of Appeal).
The complainant has a period of one month from the notification of the decision. It is not suspensive on the mandate. The mayor declared elected remains in place until the Council of State has definitively ruled on the dispute.
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