File n° 42

I. – the personal nature of the vote

Article 27 of the Constitution declares the personal nature of the vote of parliamentarians and prohibits all voting by binding instruction; it limits the delegation of voting by disallowing each parliamentarian from receiving more than one proxy vote. The ordinance of November 7, 1958 completes this provision by listing the cases in which parliamentarians are permitted to delegate their right to vote.

However these provisions were, for a long time, bypassed by the electronic voting technique: each M.P had a personal key which he often left in his keyboard in the Chamber. Since 1993, the limitation to a single proxy vote per M.P. has been strictly applied. In addition, the Rules of Procedure now allow the Conference of Presidents to decide in advance on the public nature and on the precise moment of the ballot, in order to enable the presence of the maximum number of M.P.s in the Chamber. For the most important votes, i.e. votes on the entire texts of major bills, the ballot thus usually takes place on Thursday afternoons, after Government Question Time. This kind of ballot is called a “formal vote”.

II. – the public nature of the vote

With the exception of votes on personal appointments (the election of the President at the beginning of a parliament, for example), all votes in the Parliament are public. They may be by show of hands, by ordinary public ballot or by public ballot at the tribune.

1. –  Vote by show of hands

This is the normal voting procedure. The chairman of the sitting verifies the result of the vote and announces it. In case of doubt on the result, the Assembly shall vote by standing and sitting. If there is still doubt, the President may decide to proceed to an ordinary public ballot.

When voting by show of hands, the M.P.s present publicly show their position. However this position is not recorded nor is it published in the Journal Officiel.

2. –  Vote by ordinary public ballot

Such a vote is taken by right:

―  Upon a decision of the chairman of the sitting or upon a request by the Government or by the committee responsible;

―  Upon a request by the president of a group or of his delegate, provided the president of the group has notified the President of the National Assembly, in advance, of the delegate's name;

―  Upon a decision of the Conference of Presidents. The latter only uses this prerogative in the case of a vote on the whole body of the most important texts. The Conference of Presidents will generally use such a prerogative to postpone the vote to a day and a time when as many M.P.s as possible may participate.

Voting by ordinary public ballot takes place electronically. Each M.P. votes using his keyboard and his vote is directly recorded by machine. At the end of the ballot, the chairman of the sitting announces the result and calls for it to be displayed on three electronic screens within the chamber. Several minutes later a political analysis of the ballot is posted at the entrance to the chamber. This gives the position of each M.P. by political group. This analysis is published in the Journal Officiel, in annex to the verbatim report of the sitting.

For public ballots, an M.P. may hold one, and only one, proxy vote on behalf of one of his absent colleagues. The proxy votes are processed by the electronic voting machine. The vote of the delegate (the M.P. who is present) on his keyboard thus automatically leads the machine to register the vote of his delegator (the absent M.P.) as a vote in the same way.

3. – Vote by public ballot at the rostrum or in the rooms adjoining the chamber

Such a vote is taken by right:

―  When the Constitution requires a qualified majority (the passing upon final reading of institutional laws, the indictment of the President of the Republic for  a breach of duties patently incompatible with his continuing in office). The absolute majority of M.P.s making up the National Assembly is then required. This majority is calculated according to the number of seats actually filled (vacant seats are not counted);

― When an issue of confidence in the Government has been raised, in application of article 49, paragraph 1 (the issue of confidence is raised by the government itself, on its programme or on a statement of general policy. The majority of votes cast is required) and paragraph 2 of the Constitution (the tabling of a motion of censure by M.Ps. The absolute majority of M.P.s making up the National Assembly is required in this case and only votes for the motion are counted).

This vote takes place using an electronic ballot box which is placed on the speakers’ rostrum. The ushers carry out a roll call and the M.P.s cast their vote at the rostrum when their name is called. They place a white voting paper (For), a blue one (Against) or a red one (Abstention) in the ballot box. They may also place a ballot paper for their delegator. Each ballot paper has a bar code which enables the machine to identify the M.P. and the way he has voted. At the end of the ballot, the results are immediately declared and a political analysis is made available in the minutes which follow. In this case too, the analysis is published in the Journal Officiel.

The vote is open for one hour. This limit is shortened to 45 minutes in the case of motions of censure.

The slowness of these procedures led the National Assembly to modify its Rules of Procedure in 2003. Henceforth the Conference of Presidents may decide that the ballots will take place in the rooms adjoining the chamber where several such ballot boxes have been installed.

In 2006, 144 ordinary ballots took place of which 14 were formal votes and 2 were votes on a motion of censure and used the rooms adjoining the chamber.

III. – the validity of the vote

1. – general rules

Allowing for exceptions, ballots are held based on the majority of votes cast.

The result is declared by the chairman of the sitting (with the words “The Assembly has adopted” or “The Assembly has not adopted”).

After the end of the ballot, votes may not be changed; however, the nominative details of votes may require some adjustment.

2. – The checking of votes

Theoretically this is the task of the secretaries of the Bureau (the Rules of Procedure of the National Assembly require the presence of at least two of them during a sitting). In their absence (or in the case of disagreement between the secretaries), the chairman of the sitting decides.

3. – The quorum

In accordance with a Republican principle which is repeated in its Rules of Procedure, “the National Assembly may deliberate and determine its agenda whatever the number of M.P.s present”. Votes are thus valid whatever the number of M.P.s present unless the president of a group asks for the checking of the quorum before the opening of the ballot.

The quorum refers to the presence in the precincts of the National Assembly of an absolute majority of M.P.s (calculated on the number of seats actually filled).

When a vote does not take place because of the lack of quorum, the sitting is adjourned and deferred by at least one hour. The vote is then valid no matter how many M.P.s are present.