how to make a power of attorney?

This year, the presidential election will be held in April 2022. The first round will take place on April 10 and the second on April 24. It will be followed by the legislative elections on June 12 and 19, 2022. To vote, you must go to the polling station where you are registered. Sometimes, it is not possible for personal, family or professional reasons to go there. An absent elector on election day retains his right to vote. But you have to apply for a proxy so that another person can vote on your behalf.

The reason for your absence (professional obligation, going on vacation, residing in a municipality different from that where you are registered, providing assistance to a sick or infirm person, etc.) does not matter. You will not have to justify it to make this request. Choose someone you trust to vote for you. The designated person must respect your vote according to the instructions you have given him.

In the event of a proxy, the absent voter chooses a person who votes in his place. © Maxppp
Quemener Yves-Marie

When to make the power of attorney?

To ensure the validity of your power of attorney, you have to get it as soon as possible possible to take into account the delivery times of the power of attorney. On average, the request is made in a few days. A power of attorney can be established at any time and up to the day of the vote, but, in practice, the voter may not be able to vote if the town hall has not received the power of attorney in time.

To whom to give power of attorney?

The elector who gives proxy freely designates the elector who will vote in his place. The trusted person appointed to replace you must meet two conditions. These two conditions are not the same in France and abroad.

In France

As of January 1, 2022, the power of attorney rules have changed slightly. From now on, you can give power of attorney to an elector registered on the electoral lists of a municipality other than yours. However, the person who votes in your place must always go to your polling station.

If you are in a municipality with several districts, it is not mandatory to be registered in the same district. A voter registered in Paris in the 18th arrondissement can give proxy to a voter registered in Paris, in the 15th arrondissement. If you have any doubts about the place of your electoral registration and your polling station, you can check it on the government website.

The second condition to be respected is that on the day of the vote, a voter cannot be entrusted with more than two proxies only one of which can be established in France. A voter can therefore have either a power of attorney established in France, or a power of attorney established abroad, or a power of attorney established in France and a power of attorney established abroad, or two powers of attorney abroad.

Abroad

The elector who gives proxy and the one who votes in his place must be registered on the same consular electoral list. But they do not have the obligation to have the same polling station. If you wish to have a power of attorney drawn up abroad to vote in France, you must be registered on the electoral list of a municipality located in France.

On the day of the vote, a voter cannot be given more than three proxies, only one of which can be drawn up in France. For example, he may have either up to three powers of attorney established abroad, or one power of attorney established in France, or one power of attorney established in France and one power of attorney established abroad, or one power of attorney established in France and two powers of attorney established abroad.

To give power of attorney if you are abroad, you must present yourself in person at the consulate or embassy.

In France or abroad, it is possible at any time to terminate the power of attorney already made to choose another voter or to vote personally. The termination form to be used is the same as that used to establish a power of attorney. Even if he has given power of attorney, the voter can vote in person on condition that he arrives at the polling station before the voter to whom he has given power of attorney.

How to get it?

There are three ways to get the application proxy voting. The elector who gives proxy must complete a form. Note: making a power of attorney is free.

If you cannot come to make a power of attorney request because you are disabled or for health reasons, you can request that police personnel come to your home (or in an establishment, in particular an Ehpad). This request must be made in writing and be accompanied by a medical certificate or proof of disability (example: disability card bearing the mention “Need for support”).

Being remanded in custody or serving a prison sentence does not take away the right to vote. The prisoner who wants to give power of attorney must contact the prison registry to request an extract from the prison register and the passage of a police officer to certify the power of attorney.

Apply online

The form can be completed online. The voter who gives power of attorney must identify himself with France Connect (State system set up to secure and simplify your online procedures, editor’s note). He must then indicate an e-mail address on the dedicated government website. Once the form has been completed, you will receive a confirmation by email of the submission of the request.

You then have two months from the date of the request to go in person to a police station (wherever it is) or a gendarmerie (wherever it is). You must present proof of identity and indicate the application number listed on the application submission confirmation email.

Once validated by the police, the power of attorney is automatically transmitted by dematerialized means to the town hall concerned. You will then be informed by email as soon as your town hall has validated your power of attorney.

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Print the form

If you do not wish to go through the online service, it is also possible to print the power of attorney request form available on the government website.

To complete it, two options: complete it directly from your computer and print it, once completed, on two separate sheets (no double-sided). You can also print it blank on two separate sheets and fill it in by hand, legibly and without erasures.

Important: when you complete the form, you don’t have to fill in the place of establishment, the date of establishment, the time, the identity of the authorized authority (mention Before) and the part reserved for the signature.

With your form, you must go in person and with proof of identity of your choice to a police station (wherever it is), a gendarmerie (wherever it is), a court (on which your domicile depends or his place of work), or a place open to the public defined by the prefect.

On site, you will fill in the information left empty on the form by hand. A receipt for the proxy request will then be given to you.

Go there to fill out the form

You can also choose to go directly to a police station (wherever it is), a gendarmerie (wherever it is), a court (on which their home or place of work depends) or a welcoming place. of the public defined by the prefect.

You will then have to fill in the form by indicating several details about the elector who will vote in your place: surname, usual name, first names, address and date of birth. A deposit request receipt will then be given to you.

No matter which option you choose: online, by printing the form or on site, you do not have to prove the identity or home address of the designated elector to vote in your place. You will also not be asked to provide proof of the reason for your absence (professional obligations, holidays, living in a municipality different from that where he is registered on an electoral list, etc.).

Generally, the power of attorney is established for a single election, although it is possible to establish it for a certain period. The date of the election and whether the proxy concerns the first round, the second round or both rounds must be indicated on the proxy. The same voter can be designated for both rounds of the election, but it is also possible to designate a different voter for each round.

Voting process

The elector who must vote in place of the absent elector does not receive any document. It is up to the voter who has given him power of attorney to inform him that he will have to vote in his place and of the number of his polling station. On the day of the vote, the elector who has received a proxy must have his or her own identity document, go to the polling station of the elector giving the proxy and vote on behalf of the latter.


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