Electoral Court and By-Elections in France: Guarantor of Electoral Integrity or Political Sideshow?

Elections to fill vacant legislative seats outside of a general election, often called “by-elections” or “special elections,” are common in France, as they are in numerous democracies that rely on single-member districts. What differentiates French by-elections from those elsewhere is that they are frequently precipitated by electoral annulments from the Constitutional Council in an effort to preserve electoral integrity. Do these have different consequences than other by-elections because they follow problematic elections? If so, what implications does this have for the system of accountability they represent? Using a dataset covering by-elections to the French National Assembly between 1988 and 2021, I examine whether political change is more likely under different by-election conditions, finding that by-elections induced by the Constitutional Council are considerably more likely to lead to a partisan shift in the National Assembly. This finding has ambiguous implications but nonetheless provides insight into the consequences of the election dispute resolution process in France.

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Publication Details

Journal
Election Law Journal Rules Politics and Policy
Published
2025-05-08
DOI
https://doi.org/10.1089/elj.2024.0011
Primary Topic
Healthcare Systems and Practices
Type
article
Field-Weighted Citation Impact
0.00
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article

Electoral Court and By-Elections in France: Guarantor of Electoral Integrity or Political Sideshow?

Joseph Klaver
Election Law Journal Rules Politics and Policy
Healthcare Systems and Practices
article

Electoral Court and By-Elections in France: Guarantor of Electoral Integrity or Political Sideshow?

Joseph Klaver
article en

Abstract

Elections to fill vacant legislative seats outside of a general election, often called “by-elections” or “special elections,” are common in France, as they are in numerous democracies that rely on single-member districts. What differentiates French by-elections from those elsewhere is that they are frequently precipitated by electoral annulments from the Constitutional Council in an effort to preserve electoral integrity. Do these have different consequences than other by-elections because they follow problematic elections? If so, what implications does this have for the system of accountability they represent? Using a dataset covering by-elections to the French National Assembly between 1988 and 2021, I examine whether political change is more likely under different by-election conditions, finding that by-elections induced by the Constitutional Council are considerably more likely to lead to a partisan shift in the National Assembly. This finding has ambiguous implications but nonetheless provides insight into the consequences of the election dispute resolution process in France.

Election Law Journal Rules Politics and PolicyVol. 24(2)
University of Passau (DE)
Reduced inequalities
Openalex Percentile: Top 84%
Healthcare Systems and Practices
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