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Presidential 2022: is the popular primary illegal?

2022-01-18T18:36:49.045Z


THE VERIFICATION - This is what the constitutionalist Jean-Philippe Derosier said in a forum. For him, the “primary” organized on the left is a poll in disguise and its organizers risk a fine.


THE QUESTION.

Jean-Philippe Derosier, constitutionalist and professor of public law at the University of Lille, says in a column at the

JDD

that the popular primary would be illegal.

According to him, this device, which seeks to unite left-wing candidates behind a single candidate in 2022, would only have a primary in name, and would in reality be a poll in disguise.

The popular primary is a kind of unidentified political object, because the smooth candidates have been appointed without necessarily expressing a desire to participate.

The method for deciding between the finalists is also special, since it is a majority judgment vote.

This consists of giving one's opinion of all the candidates, using a common rating scale (excellent, very good, passable, etc.).

The highest rated contender by a majority will be declared the winner.

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For Jean-Philippe Derosier, it would therefore not be a primary, because "

it intends to submit to the appreciation of those who will express a choice, personalities who have expressly refused to register

". Despite pressure exerted by the organizers in order to carry a single candidacy on the left in 2022, Anne Hidalgo, Yannick Jadot and Jean-Luc Mélenchon have indeed all three expressed their wish not to participate in this ballot. Their names are, however, part of the seven candidates presented for the nomination vote, which will take place from January 27 to 30, just like that of Christiane Taubira, who has agreed to take part.

If it is not really a question of a primary, according to Jean-Philippe Derosier, this separate political object would however have all the attributes of a poll and should therefore be the subject of a notice addressed to the commission of polls, specifying the composition of the sample of voters. The commission must also be "

able to exercise control

", considers the professor of public law, specifying that as long as a prior declaration has not been made, "

the survey cannot be published

". Carrying out this vote would, according to him, expose the organizers to a fine of 75,000 euros. While the number of registered voters in the popular primary has just exceeded 250,000, what is it really? Is this ballot likely to be invalidated?

LET'S CHECK.

"

We had anticipated this question before

," said one of the organizers of the popular primary, who wished to remain anonymous.

For him, this accusation…

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Source: lefigaro

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