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the rules governing the management and use of voter lists

Written by Administrator Tuesday, 05 July 2011 06:13

The holding and management of the electoral roll by the municipality

Pursuant to the provisions of the Electoral Code (Articles L. 28, second paragraph, and R. 16, third paragraph), the mayor, as an agent of the state is responsible for the maintenance, management and annual review of the electoral roll of the municipality.

To ensure the updating of the electoral roll, the municipality may, if necessary, transmit the list of people whose voter registration card is returned with the indication "Not living at the address" (IASP) services of the Post Office for verification of address changes. This check may not cover the entire voter list but only on a case by case basis.

The use of the electoral list by the Mayor

Both custodian of the electoral list as an agent of the state, voter and (sometimes) a candidate for reelection, the mayor is in a unique situation regarding the various uses of the electoral list.

For the sake of political communication

There is obviously no obstacle, whether in the Election Code or in law "and freedoms" that a mayor is using the electoral roll at election time. In this case, the "mayor candidate" needs to ensure applied to itself the rules of strict equality between candidates (support for copying, processing time of the application, cost of providing for the municipality, if any ) that is responsible for enforcing as an agent of the state.

For purposes of municipal communication

Similarly, and subject to the rules mentioned below (sort of supervision, information on the origin of information used ...), a mayor can use the electoral roll for municipal or corporate communications (life of the town , events, etc..).

Voters may not object to the transmission of information about them to people taking a copy of the electoral roll: it is important that they respect the rights of persons to whom they are addressed and inform them, including their right to object to appear in this file communication.

The use of third party election list

Communication conditions of the list

The electoral code allows any voter, candidate and any political party or group communication and to take copies of the electoral list, provided they agree not to make commercial use (use by an advertising agency, a commercial enterprise or a real estate agent for prospecting efforts, for example).

After verifying that the applicant is well within the categories prescribed by law, municipal services can therefore issue a copy of the electoral list. If this issue is done on computer, this facility should be offered to all applicants and billed the same way, if it involves a cost to the municipality.

It will be recalled that the Committee of Access to Administrative Documents (CADA) has sole jurisdiction to consider issues relating to access to voter lists.

The limitation of sorts and selections

No legal prohibition to make a selection on age and address of parties: it is therefore possible to choose to address specific populations (youth, elderly residents of a neighborhood ...) determined from these criteria.

Sorts made on the consonance of the names that are likely to reveal the racial, ethnic or religious affiliations, real or imagined, of the persons concerned, however, are prohibited commpte light of the risks they entail discrimination (Article 226-19 the Criminal Code).

In addition, the Commission considers that the sort made in the birthplace of the voters are not justified under the principle of purpose: indeed, this information is only voter to verify the identity of the voter and prevent fraud at the polls.

The necessary information for people

When using the voter to proceed with the mailings or surveys, the CNIL recommends that citizens are informed about the origin of the information that led to contact them and their opportunity to be remove, on request, files and made

source CNIL