age, nationality… What are the conditions for becoming a deputy?

In France, each election has its own well-defined rules: the voting method, the number of rounds, and the electorate called to the polls. What about the conditions for being a candidate in the legislative elections?

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Candidates for the parliamentary elections must meet several criteria in order to submit their candidacies. (Illustration photo) (DELPHINE GOLDSZTEJN / MAXPPP)

Controversy upon controversy. While the candidates for the second round of the early legislative elections are now all known, some profiles surprise voters. While some candidates already have solid experience in the Assembly, others are novices, including in politics. Others have seen their past resurface, via embarrassing photos or comments made several years ago. Finally, to finish, some Aspiring MPs have also already had run-ins with the law or the police.

Hence a simple question: who has the right to run in the legislative elections and what are the precise conditions for becoming a member of parliament? To be elected, candidates first had to run, submit their applications… which must meet several criteria, according to the Electoral Code. Here’s what you need to know.

Be 18 years of age or older

First of all, as with any election, there is a minimum age to run. It is 18 years old for candidates for deputy. This is also the case for municipal, presidential, or departmental elections.

The only French exception is for senatorial elections, where the minimum age is 24. Long set at 35, it was lowered to 30 in 2003, then 24 in 2011. In 2018, the Senate rejected a proposed organic law proposing to lower it to 18.

Be a French citizen

To file a candidacy for the legislative elections, you must have French nationality. It is also possible to have dual nationality, as long as one of them is French. Beyond nationality, you must “have the quality of elector“, specifies the website vie-publique.

You must therefore be registered on an electoral roll, which is now automatic when you reach the age of 18. It is possible to re-register on the lists when you move, for example. You must also take the step when you have just obtained French nationality.

To be… eligible

The Electoral Code also sets out the rules of eligibility, and therefore those of ineligibility. There are two categories. Those linked to the person, declared upon conviction by a judge or by the Constitutional Council. Indeed, certain sentences may be accompanied by ineligibility, of up to 10 years in the case of crimes, particularly concerning offences linked to corruption, illegal taking of interest or fraud.

The penalty of ineligibility, however, remains at the discretion of the judge. Jérôme Cahuzac, for example, former Minister of the Budget, and sentenced in 2018 to four years of suspended prison for tax fraud, was able to run in the 3rd constituency of Lot-et-Garonne in the legislative elections of June 30.

There is also ineligibility linked to the function, specifies vie-publique.fr. It is impossible to run when exercising the function of Defender of Rights, General Controller of Places of Deprivation of Liberty. Certain senior civil servants and territorial civil servants are also considered ineligible, such as prefects, magistrates, or even rectors, and this, for one to three years in the department where they exercised their functions.

Do not hold certain mandates in combination

The law prohibits certain accumulations of electoral mandates. It is not possible to be a deputy and senator, a deputy in the National Assembly and the European Parliament. The mandate of deputy is also incompatible with other local functions, such as municipal, regional or Corsican Assembly councilor.

However, it is not impossible to run for legislative elections when exercising these mandates. If the candidate is elected, he will then have the obligation to “to put an end to this incompatibility by resigning” of one of his mandates, at the latest “the thirtieth day following the promulgation of the election results”specifies article LO141-1 of the Electoral Code.


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