Presidential 2022: what solutions if the Covid is still present?

“If the Covid is still present next year, a postponement of thepresidential election or is an electronic voting system possible? ” April 2022, so far, so close … The question we are asking Maxime is not as far-fetched as it looks.

Efficacy of the vaccine, appearance of other variants… There are still too many unknowns to outline what could be the Covid epidemic in April 2022. But the declared or putative candidates do not elude this hypothesis of a virus still in circulation in the months preceding the election. At the highest peak in the state as well. “Living with the virus does not mean stopping living as soon as it threatens. We will have to get used to this permanent uncertainty, including perhaps during the presidential election ”, would have confided at the beginning of the month Emmanuel Macron to his advisers according to comments reported by the Chained duck.

Improbable report

To discuss all these questions, we asked Romain Rambaud, professor of public law at the University of Grenoble-Alpes and specialist in electoral law. On the issue of postponement, the latter recalls that this supposes a revision of the Constitution. “Highly improbable”, slice Romain Rambaud. There are two main reasons for this.

The first relates to the reason, health in this case, which would justify a postponement. “The health situation should prevent the holding of the ballot, even if it has been reorganized with, for example, the establishment of postal voting,” explains the lawyer. The presidential elections in Portugal and the United States demonstrate that such an election, although far from ideal, can be held in the midst of a pandemic. “

The second reason is political. A constitutional revision project must in fact be approved by the National Assembly and the Senate. “Postponing the presidential election is postponing the legislative elections, but above all it is keeping the president in place beyond the five years provided for by the Constitution, remarks Romain Rambaud. However, I doubt that the Senate, held by the right, is inclined to offer an extension to Emmanuel Macron. “

The next step would be just as tough. The president would have the choice between a referendum – the holding of which would not be more possible than the presidential election itself in the event of a health blackout – and the convening of Congress, of which a 3/5 majority^e would be necessary. “There again, politically improbable”, decrypts the law professor.

An advance poll?

A postponement of the presidential election therefore appears unthinkable. But if the Covid decided to play extra time, the electoral campaign and the poll would, on the other hand, be upset. The record abstention from the first round of the last municipal elections is still in all memories. And there, for Romain Rambaud, there is work ahead. Voting machines hitherto reserved for local polls? Postal voting? Or even internet voting? “In its campaign and voting methods, French electoral law remains quite archaic, while yes, we have seen it for the last municipal elections, the virus is a game-changer”, deplores Romain Rambaud.

The electoral law is therefore timid… but it can be healed! No later than this Tuesday, November 16, an amendment establishing in particular an advance poll was studied by deputies. It would allow voters who wish to do so to vote through a voting machine, on a date to be set by decree, ahead of the official date. Vote in advance which could also be done in a municipality other than the one where you live.

Interesting as an extension of our exchange @ romainrambaud1 https://t.co/ebUpikIbSs

– François Grégoire (@f_gregoire) February 16, 2021

A possibility, a bit “Opportunist” according to Romain Rambaud who also regrets that it is not activated as soon as departmental and regional elections.

– .