The threat of an election cancellation is real in Lamentin, Baie-Mahault and Petit-Bourg

Francillonne Jacoby-Koaly must have been smiling since last week. Arrived in 3rd position during the municipal elections in Abymes, on March 15, the defeated candidate had seized the defender of rights following the unfolding in an anxiety-provoking context of the 1st round of the municipal elections. The top of the list “Les Abymes en mobilman” counted on a cancellation of the results and a return to the polls. The politician had sent this request under the banner of the association “50 million voters” – which he joined like many elected officials -, which has multiplied the remedies (2,800) since the cancellation of the second tower. Well, the Abymian, who also filed an appeal before the administrative court, could win his case.

Indeed, as the webzine 2020 – Street of the town hall, on May 29, “the Council of State transmitted two priority questions of constitutionality (QPC) to the Constitutional Council. This is the continuation of the process started by the association 50 million voters, which brings together many elected officials. His goal: to cancel the first round of the municipal elections of March 15, 2020.

This referral to the Constitutional Council follows two decisions rendered on May 25 by the Council of State. This court ruled that the two QPCs, formulated by the association, were of a serious nature and that they should be referred to the Constitutional Council. Information passed almost unnoticed since it fell on May 27, the day of the commemoration of slavery and that the spotlights of the news were shone on the destruction of statues of Victor Schoelcher.

The first QPC relates to the provisions of paragraphs I, III and IV of article 19 of the emergency law of March 23, 2020. It aims at the cancellation of the first round of municipal elections in all the municipalities of France. It was one of the requests of Francillonne Jacoby-Koaly. He argued that the objective of his approach was to obtain the adjournment of the elections since “the vote did not take place correctly but in an anxiety-provoking climate, of psychosis linked to the government’s communication during the pre-campaign and the official campaign, which discouraged voters from traveling. “

The second refers to article L.262 of the electoral code and aims at the cancellation of the first round in all the municipalities of France of more than 1000 inhabitants for which mayors were elected with the votes of less than 25% of the registered. As it stands, the second QPC seems to be able to hold the attention of members of the Constitutional Council.

Three mayors elected with less than 25% of the registered members

If this were the case, several municipalities in Guadeloupe could be affected because all the municipalities have more than 1,000 inhabitants. And several mayors elected in the first round, on March 15, were elected with less than 25% of the registered. Three elected mayors, whose municipal councils have already been installed, would be affected. Curiously, they follow each other if one does not take a direction of traffic. Lamentin, Baie-Mahault and Petit-Bourg may be worried. In addition, the first two are also the subject of appeals to the administrative court. Legitimacy can arise for elected mayors. In Lamentin, Jocelyn Sapotille obtained 22.02% of the 12,552 registered, or 2,764 votes. In Baie-Mahault, Héléne Polifonte was elected with 19.52% of the 22,252 registered, or 4,344 votes. In Petit-Bourg, Guy Losbar won the poll with 22.87% of the 17,447 registered, or 3,991 ballots.

As with other members of the “50 million voters” association, a wave of optimism has been blowing since May 27 on Francillonne Jacoby-Koaly. All hope that the decision will be made before June 28, the date chosen for the second round of the Municipalities, in particular for twenty municipalities in Guadeloupe. The Constitutional Council, which normally has three months to notify its decision, could decide well in advance.

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