In recent years, party primaries have become almost the rule. But these primaries raise a surprising question: what happens if a candidate of a party dies? Does this party find it without a candidate?
Consider the well-known party XXX ...
Situation without primary
Historically, when our country did not know the game of primaries, this question did not arise in the same terms.
Indeed, all the candidates presented themselves without restriction. Therefore, if one of the candidates (of the XXX party) died, another candidate of the same party XXX naturally took his place (since he had also introduced himself).
Situation with primary
In the case of primaries, the situation is somewhat different.
Indeed, only a candidate selected by the XXX party can run (ignoring any dissidents). Therefore, if it dies, the party XXX no longer has a candidate for the presidential election.
This situation poses a real problem of democracy since this party XXX is no longer present and its constituents are no longer represented.
Legal mechanisms dealing with this situation?
Quite frankly, I did not think that this situation was treated by our legal tools: the primaries being a recent creation, how could our parliamentarians have foreseen it?
The constitution proves me wrong
Obviously, I was wrong!
TheArticle 7 of the Constitution provides (since 19 June 1976):
If, in the seven days preceding the closing date for the submission of nominations, one of the persons who, less than thirty days before that date, publicly announced his decision to be a candidate dies or is prevented from doing so, the Constitutional Council may decide to postpone the election.
If, before the first round, one of the candidates dies or is prevented, the Constitutional Council pronounce the postponement of the election.
In the event of the death or incapacity of one of the two most favored candidates in the first round before any withdrawals, the Constitutional Council declares that it must be proceeded back to all the electoral operations ; the same applies in the event of the death or incapacity of one of the two candidates who remained in the presence for the second round.
Thus, in case of postponement, it is likely that a new candidate of the XXX party will be appointed.
In conclusion, we have the following situation: