8 ART. 20. A senator shall not at the same time be a councilor of state, maître des requêtes, prefect, or subprefect, unless prefect of the Seine or prefect of police; member of the courts of appeal or of the tribunals of first instance, unless public prosecutor at the court of Paris; general paymaster, special receiver, official or employé of the central administration of the ministries.9 ART. 21. No one of the following officers shall be elected by the department or the colony included wholly or partially in his jurisdiction, during the exercise of his duties or during the six months following the cessation of his duties by resignation, dismissal, change of residence, or other cause: 1) The first presidents, presidents, and members of the courts of appeal. 2) The presidents, vice-presidents, examining magistrates, and members of the tribunals of first instance. 3) The prefect of police; prefects and subprefects, and secretaries-general of prefectures; the governors, directors of the interior, and secretaries-general of the colonies. 4) The engineers in chief and of the arrondissement, and road-surveyors in chief and of the arrondissement. 5) The rectors and inspectors of academies. 6) The inspectors of primary schools. 7) The archbishops, bishops, and vicars-general. 8) The officers of all grades of the land and naval forces. 9) The division commissaries and the military deputy commissaries. 10) The general paymasters and special receivers of money. France is divided into twenty-six judicial districts, in each of which there is a court of appeal. There are similar courts in Algeria and the colonies. The Court of Cassation is the supreme court of appeal for all France, Algeria, and the colonies. See law of December 26, 1887, p. 317. By Art. 3 of the law of November 16, 1897, the director and under-director of the Bank of France are ineligible as deputies or senators. II) The superintendents of direct and indirect taxes, of registration, of public property, and of posts. 12) The commissioners and inspectors of forests. ART. 22. A senator elected in several departments shall make known his choice to the president of the Senate within ten days following the verification of the elections. If a choice is not made in this time, the question shall be settled by lot in open session. The vacancy shall be filled within one month and by the same electoral body. The same holds true in case of an invalidated election. ART. 23. If by death or resignation the number of sen- · ators of a department is reduced by one-half, the vacancies shall be filled within the space of three months, unless the vacancies occur within twelve months preceding the triennial elections. At the time fixed for the triennial elections, all vacancies which have occurred shall be filled, whatever their number or date 10 ART. 24. The election of senators chosen by the National Assembly shall take place in public sitting, by scrutin de liste, and by an absolute majority of votes, whatever the number of ballotings.11 ART. 25. When it is necessary to elect successors of senators chosen by virtue of Art. 7 of the law of February 24, 1875, the Senate shall proceed in the manner indicated in the preceding article.11 ART. 26. Members of the Senate shall receive the same salaries as members of the Chamber of Deputies.12 ART. 27. All provisions of the electoral law relating to the following matters are applicable to elections of senators: 1) to cases of unworthiness and incapacity; 10 Amended by Art. 8, law of December 9, 1884; see p. 316. "Arts. 24 and 25 were repealed by Art. 9, law of December 9, 1884. 2) to offenses, prosecutions, and penalties; 3) to election proceedings, in all matters not contrary to the provisions of the present law.13 ORGANIC LAW ON THE ELECTION OF DEPUTIES1 (November 30, 1875) ARTICLE I. The deputies shall be chosen by the voters registered: 1) upon the lists drawn up in accordance with the law of July 7, 1874; 2) upon the supplementary list including those who have lived in the commune six months. Registration upon the supplementary list shall take place conformably to the laws and regulations now governing the political electoral lists, by the committees and according to the forms established by Arts. 1, 2, and 3 of the law of July 7, 1874. Appeals relating to the formation and revision of either list shall be brought directly before the Civil Chamber of the Court of Cassation. The electoral lists drawn up on March 31, 1875, shall serve until March 31, 1876. ART. 2. The soldiers of all ranks and grades, of both land and naval forces, shall not vote when they are with their regiment, at their post, or on duty. Those who, on election day, are in private residence, in non-activity or in possession of a regular leave of absence, may vote in the commune on the lists of which they are duly registered. This last provision shall apply equally to officers on the unattached list or on the reserve list. 13 Arts. 28 and 29 of this law were of a temporary character, and are therefore omitted. 1 This law was amended by laws of June 16, 1885, and February 13, 1889; see pp. 316, 318. ART. 3. During the electoral period, circulars and platforms signed by the candidates, electoral placards and manifestoes signed by one or more voters, may, after being deposited with the public prosecutor, be posted and distributed without previous authorization. The distribution of ballots shall not be subject to the formality of deposit. Every public or municipal officer is forbidden to distribute ballots, platforms, or circulars of candidates. The provisions of Art. 19 of the organic law of August 2, 1875, on the election of senators, shall apply to the election of deputies. ART. 4. The balloting shall last one day only. The voting shall occur at the municipal building of the commune; each commune may nevertheless be divided, by order of the prefect, into as many sections as local circumstances and the number of voters may require. The second ballot shall take place on the second Sunday following the announcement of the first ballot, in accordance with the provisions of Art. 65 of the law of March 15, 1849. ART. 5. The method of voting shall be in accordance with the provisions of the organic and regulating decrees of February 2, 1852. The ballot shall be secret. The voting lists used at the elections in each section, signed by the president and secretary, shall remain deposited for one week at the secretary's office at the town hall, where they shall be communicated to every voter requesting them. ART. 6. Every voter shall be eligible, without any property qualification, at the age of twenty-five years.2 ART. 7. No soldier or sailor in active service may, whatever his rank or position, be elected a member of the Chamber of Deputies. 2 By law of July 20, 1895, no one may become a member of Parliament unless he has complied with the law regarding military service. This provision applies to soldiers and sailors on the unattached list or in non-activity, but does not extend to officers of the second section of the list of the general staff, nor to those who, kept in the first section for having been commander-in-chief in the field, have ceased to be actively employed, nor to officers who, having gained the right to retire, are sent to or maintained at their homes while awaiting the settlement of their pension. The decision by which the officer shall have been permitted to establish his rights on the retired list shall become, in this case, irrevocable. The rule laid down in the first paragraph of the present article shall not apply to the reserve of the active army or to the territorial army. ART. 8. The exercise of public duties paid out of the treasury of the state is incompatible with the office of deputy.3 Consequently every official elected shall be superseded in his duties if, within one week following the verification of his powers, he has not signified that he does not accept the office of deputy. There are excepted from the preceding provisions the duties of minister, under-secretary of state, ambassador, minister plenipotentiary, prefect of the Seine, prefect of police, first president of the Court of Cassation, first president of the Court of Accounts, first president of the Court of Appeal of Paris, attorney-general of the Court of Cassation, attorneygeneral of the Court of Accounts, attorney-general of the Court of Appeal of Paris, archbishop and bishop, consistorial presiding pastor in consistorial districts the seat of government of which has two or more pastors, chief rabbi of the central Consistory, chief rabbi of the Consistory of Paris. By Art. 3 of the law of November 16, 1897, the director and underdirector of the Bank of France are ineligible as deputies or senators. |