It happens that at the time of counting, ballots are declared invalid even though the voter wanted, deep down, to give their vote to a candidate. Because the rules are strict, but not always intuitive. Here are some practical cases.
1 – What are the main principles to respect?
To be able to vote, you must be registered on the electoral roll and go to your polling station, taking care to check the times, as latecomers will not be accepted. Equipped with an identity document (national identity card or passport) and if possible your voter card, you will then need to take the envelope from the table as well as at least two separate ballot papers. The people around you should not know your choice. In the voting booth, you must then insert a single ballot into the envelope. It must not be torn, crossed out or commented on.
Find all the results of the first round of the 2024 legislative elections this Sunday
2 – What happens if there are two ballots in the envelope?
“If they are two ballots for the same candidate, it could be a simple mistake. Only one vote is then counted for the candidate in question.replies Christian Naux, partner at the law firm Cornet Vincent Ségurel, a specialist in these matters. Be careful, however, to check that two ballots from two different candidates have not stuck together. Otherwise, the vote will be considered invalid.
3 – What if I slip the profession of faith and the ballot of the same candidate into the envelope?
This is where things get complicated. Spontaneously, one might say that there is little doubt about the voter’s choice. Except that as Christian Naux explains, the electoral code prohibits signs of recognition. However, professions of faith are generally printed on a larger paper format. Which “gives a swollen envelope which makes it recognizable”. If the office strictly applies the rule, the vote will be considered invalid.
4 – What if I slip the only profession of faith?
As we have seen, ballots and professions of faith are generally not the same size. For legislative or presidential elections, even alone, the profession of faith will inflate the envelope further, making it identifiable. Therefore the vote will probably be considered invalid. On the other hand, during the European elections, ballots and professions of faith were the same size (A4), which may have misled many voters. In this case, the vote was no longer as identifiable. Some of the votes based on a profession of faith may have been taken into account.
Read also: 2024 Legislative Elections: Why the Number of Triangular Elections Could Be Significant
5 – Does a tear cause the ballot to be invalid?
“During the counting operations, any torn ballot is reported”recalls the lawyer. It will be kept to be analyzed in the event of a dispute. Because the members of the polling station will assess whether the tear was a priori intentional or not. If it is tiny, for example if a corner was torn when inserting it into the envelope, the ballot will be validated. Conversely, “if the ballot is torn by several centimeters, this means that the person did not want to cast their vote and the ballot is then considered invalid”.
6 – What happens if I write the candidate’s name myself on a piece of paper?
This will be considered a distinctive sign and will render the ballot void.
This is sometimes tempting, especially for people who would like to express that they are voting reluctantly to block another candidate. But any comment will render the ballot void. The same will apply to a cross drawn on the back, for example, or a highlighting. “This whole distinctive sign thing again! », comments Christian Naux. However, “a ballot with barely perceptible pencil marks or ink stains” has been validated in the past.
8 – Can I put something other than the ballot in the envelope?
“No, except your faith in the candidate you are voting for!” », retorts the lawyer. If you slip an object or drawing, your vote will be void.
9 – Should I cut out a piece of white paper to vote blank?
Absolutely not! Article 65 paragraph 3 of the electoral code states that: “an envelope containing no ballot is considered a blank ballot”. This is the only case provided. So, cut out a piece of white paper, colored paper, squared paper, any size? “We can give free rein to our imagination, but these will no longer be blank votes, but votes deemed invalid. In reality, only empty envelopes are classified as blank. All other non-compliant votes are considered invalid..
Please note that blank ballots are counted separately and will be mentioned in the results of the vote. They therefore have a symbolic value, unlike invalid votes. However, they are not taken into account in determining the votes cast.
10 – Can I slip my ballot into any envelope?
No, only ballots inserted in the envelopes given by the polling station on the day are accepted. They change color at different elections.
