Irregularities in the organization and conduct of elections of CSE members are the only reason for the cancellation of these elections in 3 hypotheses.
In the event of a dispute, it is necessary to examine whether the malpractice in question justifies the cancellation of the vote.
Electoral rules recommend the use of transparent ballot boxes to cast ballots. However, for judges, this is not a general principle of electoral law (already in this sense: Cass. Soc., 20 September 2017, n ° 16-19.767).
As a result, elections for CSE members cannot be canceled due to the use of cardboard ballot boxes sealed with adhesive tape. It is therefore up to the election judge, i.e. the court, to determine whether this irregularity regarding the ballot boxes has had an impact on the outcome of the vote or the level of representation of the unions within the organization. , Or even the right of a candidate to be appointed as a trade union representative.
Failure to do so will not result in cancellation of the drive.
Cour de cassation, social chamber, April 21, 2022, n ° 20-23.225 (Use of non-transparent ballot box does not violate the general principle of electoral law)
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