The Constitutional Council and the presidential election

The Constitutional Council is the judge of the presidential election. It receives sponsorships, establishes the list of candidates, oversees the vote, proclaims the results and rules on disputes.

An institution of nine members

The Constitutional Council was created by the Constitution of 1958. It has nine members appointed for nine-year terms, renewed by one third every three years. Three are appointed by the President of the Republic, three by the President of the National Assembly, and three by the President of the Senate. Former presidents of the Republic are members by right. Its president is appointed by the President of the Republic.

It reviews the conformity of laws with the Constitution. It also adjudicates national elections. Article 58 of the Constitution entrusts it with ensuring the regularity of the presidential election.

Before the vote: sponsorships and the list of candidates

The Council receives the presentation forms signed by eligible elected officials. It checks their validity: the status of the elected official, the signature, and compliance with the rule of at least 30 departments and the limit of one tenth per department. Since the organic law of 25 April 2016, it publishes the names of all sponsors, not just a sample of 500.

It then verifies that each candidate has given consent, submitted a declaration of assets, and committed to filing a declaration at the end of their term if elected. It then finalises the list of candidates and publishes it in the Official Journal. Any person who has been the subject of a presentation may challenge this list before the Council.

During the vote: oversight of operations

The Council is consulted on the organisation of the vote. It appoints delegates, often magistrates, who may visit polling stations and report irregularities. Voters may record their complaints in the minutes of their polling station.

After the vote: proclamation of results

After the first round, the Council proclaims the results and the names of the two candidates authorised to stand in the second round. After the second round, it proclaims the election of the president. In 2022, it proclaimed the results of the second round held on 24 April on 27 April.

It may annul the votes of a polling station when it finds irregularities likely to affect the result. It has never done so to the point of changing the outcome of a presidential election.

In case of incapacity

Article 7 provides for exceptional cases. If a declared candidate dies or is prevented from standing within the seven days before the deadline for filing candidacies, the Council may postpone the election. If one of the candidates qualified for the second round dies or is prevented, the Council must restart all electoral operations.

In the event of a vacancy in the presidency, it is also the Council, seized by the government, that certifies it. The President of the Senate then serves as interim head of state, and the election is held within 20 to 35 days.

The judge of campaign accounts on appeal

Candidates' campaign accounts are examined by the National Commission for Campaign Accounts and Political Funding. Its decisions may be challenged before the Constitutional Council. In 2013, it upheld the rejection of Nicolas Sarkozy's campaign accounts for the 2012 election, for exceeding the spending cap. The candidate was therefore denied reimbursement of his expenses.

Decisions that cannot be appealed

Under Article 62 of the Constitution, decisions of the Constitutional Council are not subject to any appeal. They are binding on public authorities and all other bodies. After elections, the Council generally publishes observations on how the vote was conducted and proposes improvements.