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In France, the mayors of large cities divided into districts are not directly elected by the inhabitants of these cities but by the mayors and councilors of each district which, this time, has been elected by the citizens.

The law state that the municipal councilors elected must choose the mayor's successor, during an absolute majority vote in the first two rounds, then by a qualified majority in the third round. And, in the event of a tie during this third round, the oldest member is elected.

My question is: Does choosing a candidate according to his age is a discrimination and therefore illegal ?

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It is difficult to track down applicable French law, but based on this source, this source, and especially this source, age discrimination prohibitions are limited to employment, and no anti-discrimination law regulates the right to vote according to your conscience. There is no indication that the government can legally inquire into the motives of an elector.

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