France – Local Elections 2026: Institutional Communication Rules for Public Authorities
On April 10, 2025 By DELCADE
Context: French Electoral Code Rules
As the 2026 municipal elections approach in France, incumbent public officials must adjust their communication strategy to comply with the French Electoral Code — especially Article L.52-1. This provision prohibits any promotional communication highlighting the achievements or management of a local authority within six months of an election, i.e., starting September 1st, 2025, when using institutional resources. That clarification is essential.
This legal framework is designed to ensure equal treatment among candidates, by preventing incumbent officials from using public communication channels to gain a political advantage during the pre-election period.
A Noteworthy Decision from the Conseil d’État
In a recent video, Maître Corentin Boutignon, partner at DELCADE, analyzes a decision from the Conseil d’État dated March 16, 2016, which offers valuable insight. This ruling clearly illustrates the criteria used by the French administrative judge to assess whether a communication crosses the line into electoral promotion:
- A shift in established practices, such as changes in the format or frequency of a municipal newsletter.
- An overtly promotional tone, presenting a flattering review of an elected official’s track record.
- A change in publication timing, particularly when new issues are released just before election day.
Maintaining Political Neutrality: A Key Requirement
Each of these indicators, when combined, may lead the judge to requalify a piece of institutional communication as electoral campaigning — which may then be subject to legal sanctions.
This reminder from case law reinforces a critical message: local authorities and their representatives must uphold strict neutrality in their public communications as municipal elections approach.
Our latest news
Sports sponsorship: how the “Athlete-Brand” is reshaping contract drafting
A recent documentary aired on France Télévisions, “Kylian Mbappé, la diplomatie du ballon rond“ (“Kylian Mbappé: The Diplomacy of the Beautiful Game”), highlighted an inescapable reality of modern sport: the elite athlete is no longer merely a sportsperson — they are a geopolitical entity, a vehicle of soft power, and above all, a brand in […]
Read
France’s New Professional Sport Act: Key Changes for 2026
Promulgated on 3 August 2026, Act No. 2026-725 on the organisation, management and financing of professional sport marks a major overhaul of the French Sports Code (Code du sport). The reform seeks in particular to secure the sector’s economic sustainability by safeguarding certain sources of club revenue (notably income from broadcasting rights), and to strengthen […]
Read
Financing models for football clubs: developments and legal challenges
Professional football today faces a complex economic equation, driven in particular by growing demands for sporting competitiveness against a backdrop of instability in certain traditional revenue streams. In this context, clubs can no longer rely solely on income from broadcasting rights, matchday revenues or conventional sponsorship. Over the past fifteen years, a marked diversification in […]
Read