Will the European Parliament elections be held as planned in New Caledonia on June 9? The daily lives of the inhabitants of the French territory in the Pacific Ocean have recently been profoundly disrupted, causing many to doubt. How will citizens who have difficulty getting around and are struggling to buy supplies be able to head to the polls in 10 days?

Elections are still planned to take place on the island, but in a "downgraded" manner, according to local opinion. "Today, they can be organized in a certain number of polling stations, but not everywhere," said Philippe Gomès, a former MP for New Caledonia (2012-2022) and president of Caledonia Together, the moderate anti-independence faction, on Wednesday, May 29, speaking from the capital Nouméa.

The possibility of some French voters being prevented from participating in the European elections has piqued the curiosity of legal experts. Benjamin Morel, a lecturer in public law at the Université Paris-II Panthéon-Assas, said had spoken with a former member of the Constitutional Council and that they had been at a loss to understand the implications. The law provides for no Plan B if the government is unable to organize a vote. "To be able to proclaim the results, the election judge [in this case, the Council of State] needs the records from all the polling stations," said Morel. "What if they don't all come in? There's a legal vacuum; the electoral code has provisions for fraud and errors, but not for crises."

Until now, in comparable circumstances, postponement has been the norm. On March 11, 1973, a cyclone hit Reunion Island, a French territory in the Indian Ocean, preventing the second round of legislative elections from taking place there. The vote was postponed for a week by the prefect. The climatic phenomenon "made it inevitable that, exceptionally, a measure should be taken to postpone the second round," the Constitutional Council had said, validating the postponement. It cited "exceptional natural circumstances." In 2020, the second round of municipal elections in France was postponed due to the Covid-19 crisis.

But what about the European elections, which are due to be held simultaneously in the 27 countries of the European Union (EU), over four days? "They could be postponed in New Caledonia due to exceptional circumstances," said Morel. "The election judge would incorporate the new results." Provided, however, that the final results are proclaimed before the inaugural session of the European Parliament, scheduled for July 16.

You have 59.33% of this article left to read. The rest is for subscribers only.