CHAPTER III: Consultation of voters

I. - The electors of the collectivity may be consulted on decisions which the territorial council intends to take to regulate matters within its jurisdiction. The consultation may be limited to the electors of a part of the community's jurisdiction, for matters of special interest to that part of the community.

II. - One tenth of the electors may refer to the territorial council with a view to the organisation of a consultation on any matter falling within the decision of that council.

In a year, an elector may sign only one referral with a view to the organisation of the same consultation.

III. - The organiser or organisers of a request for a consultation in the local authority are required to send the President of the Territorial Council a copy of the electoral rolls of the communes in which the authors of the request are registered.

IV. - The decision to organise the consultation lies with the Territorial Council.

V. - The Territorial Council shall decide on the principle and procedures for organising this consultation. Its deliberation shall expressly state that this consultation is only a request for an opinion. It sets the polling day and convenes the electors. It is sent to the State representative at least two months before the date of the ballot. If the State representative considers the decision to be illegal, he has ten days from receipt to refer it to the administrative court. The appeal may be accompanied by a request for suspension.

VI. - The president of the administrative tribunal or the magistrate delegated by him decides within one month, in first and last instance, on the request for suspension. This request shall be granted if one of the grounds invoked appears, in the state of the investigation, to be capable of creating a serious doubt as to the legality of the project submitted for consultation.

When the deliberation organising the consultation is of such a nature as to compromise the exercise of a public or individual freedom, the president of the administrative tribunal or the magistrate delegated by him shall order its suspension within forty-eight hours.

VII. - The State representative shall notify the mayors of the municipalities in which the consultation is to take place of the decision within fifteen days, unless his request for suspension has been granted.

The mayors shall organise the ballot. If a mayor refuses to organise the ballot, the representative of the State, after requesting him to do so, shall do so automatically.

VIII. - Expenses relating to the organisation of the consultation of voters constitute a compulsory expense of the local authority. The second paragraph of article LO 1112-5 is applicable.

IX. - Voters shall indicate by "yes" or "no" whether they approve the draft deliberation or act presented to them. After taking cognizance of the result of the consultation, the territorial council shall adopt its decision on the matter which was the subject of the consultation.

X. - The first eleven paragraphs of article LO 1112-6 and the articles LO 1112-8 to LO 1112-14 are applicable to the consultation of voters.

During the period of one year from the holding of a local referendum or a consultation of voters at the initiative of the local authority, the latter may not organise another consultation on the same subject.

XI. - The provisions of the Electoral Code referred to in articles LO 1112-9 to LO 1112-13 of the present code are applicable under the conditions laid down by Chapter I of Title IV of Book VI of the Electoral Code.

Code général des collectivités territoriales - art.