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CDL-EL(2005)023rev
Engl. only
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EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
ELECTORAL CODE OF MOLDOVA
of 21 November
1997 –
(Law no. 1381-XIII)
including the
amendments passed on 22 July and 4
November 2005*
*Amendments as of 22 July and 4 November 2005 are either underlined or crossed out in the present
document.
No 1381-XIII of 21.11.97
Monitorul Oficial al R.Moldova No 81/667 of 08.12.1997
Title I
General Definitions and Principles
Chapter 1. General Definitions And Principles
Article 1. General
Definitions Used in this Code
For
purposes of this Code, the following terms have the indicated meanings:
"Electoral poster" refers to the appeals, statements, photographs
and other materials used by electoral contestants for purposes of electoral
propaganda.
"Electoral propaganda" refers to the preparation and
distribution of information seeking to determine the voters to vote for one or
another electoral contestant.
"Voter" refers to a citizen of the Republic of Moldova eligible to vote.
"Election", unless specified otherwise, refers to the
election of deputies to Parliament and the local public administration bodies,
or conducting a referendum. It also stands for the actions of citizens,
parties, other socio-political organisations, electoral blocs, electoral and
other state bodies connected with the preparation of voter rolls, the
nomination and registration of candidates, pre-electoral campaigning, voting
and the tabulation of results, as well as for other election-related actions
under current laws.
"General elections" refers to any type of elections
conducted within one day - Sunday, or any other day - indicated in the decree
establishing the date of elections, throughout the entire territory of the
republic.
"Early elections" refers to the elections of the elective body
upon termination of its mandate before term, dissolution or in the event of
territorial-administrative reorganisation.
"Electoral bloc" refers to voluntary union of two or more
parties and/or other socio-political organisations, which are registered with
the Central Electoral Commission in the event of parliamentary and general
local elections, or with the district electoral councils in the event of new
local elections for joint participation in elections.
"Electoral campaign" refers to the time period allowed
for activities aimed at determining the voters to cast their votes for one or
another candidate, commencing for each electoral contestant on the day he/she
is registered with the Central Electoral Commission or district electoral
council, and ending on the day of his/her exclusion or the day of the election.
"Candidate" refers to an individual who runs for an
eligible public position on behalf of parties, other socio-political
organisations or electoral blocs, as well as independently.
"Independent candidate" refers to an individual proposing
his/her candidacy for an eligible public position, independently of parties,
other socio-political organisations or electoral blocs.
"District" refers to an administrative electoral unit
where elections and referendums are organized and conducted.
“code of
conduct – a convention concluded between electoral competitors and representatives of mass-media regarding the
modality of unfolding and coverage of
the electoral campaign in a way that excludes the harming of dignity and
reputation of electoral competitors.
"Electoral
contestants" refers:
- in a parliamentary election, to
independent candidates, registered with the Central Electoral Commission,
as well as to parties, other socio-political organisations and electoral
blocs whose lists of candidates have been registered with the Central
Electoral Commission;
- in local elections, to parties,
other socio-political organisations, electoral blocs and individuals
running for the position of mayor or councillor to the local council,
registered by corresponding district electoral councils.
"Appeal" request to cancel or revise an act, a decision
or an action.
"Central Electoral Commission" and "CEC" refer to the commission appointed to ensure proper
election administration and which operates continuously under this Code.
“nomination of candidates – a
procedure of adoption by parties and socio-political organizations of decisions
regarding candidatures for elective positions, unfolded during the sessions of
governing bodies of the parties and other social-political organizations, in
accordance with their statutes, after the announcement of the date of
elections;
domicile -
a person’s permanent place of residence, confirmed in the ID with the
“domicile” stamp;
"Voting rights" refers to a citizen's constitutional right to
elect, be elected and vote with respect to the most important issues of the
state and the society on the whole and/or issues of special local interest.
"List of candidates" refers to the list of candidates
proposed by parties, other socio-political organisations and/or electoral blocs
for participation in elections.
"Voter rolls" refers to the lists of citizens with the right
to vote residing within a precinct.
"Petition" refers to the list of voter signatures
collected in support of candidates or to initiate a referendum.
"Locality" herein refers to a territorial-administrative
unit, organized according to current laws (district, municipality, town,
village (commune) and territorial-administrative unit with special status).
“the
minimum of special places for electoral posters – specially arranged places for
electoral posters, placed in one locality. The panels for electoral posters are
placed in a well-balanced way in the radius of the whole locality. The minimum
area given to a candidate on a panel is 1 square meter. The space for electoral
publicity granted to the candidates should be equal for everybody.”
"Electoral bodies" refers to bodies that organize the election of
deputies to Parliament and the local public administration authorities and
referendums.
"Socio-political organizations" refers to parties, fronts, leagues,
political people's movements, registered according to the Law on Parties and
Other Socio-Political Organisations.
"Parties" refers to voluntary citizen organisations,
organized and registered according to the Law on Parties and Other
Socio-Political Organisations.
"Electoral period" refers to the time period commencing on the
day when the date of elections is officially announced and ending on the day
when the final election results are confirmed by the competent bodies.
"Individuals entitled to observe the electoral
procedures" refers
to observers of the electoral contestants at precincts, foreign observers
accredited by the Ministry of Foreign Affairs, observers accredited by the
Central Electoral Commission, as well as representatives of mass media.
"Referendum" refers to the vote of the people with respect
to major issues of the state and the society as a whole, intended to solve
these, as well as to citizen consultation on local issues of special interest.
residence – a person’s temporary place of
residence, confirmed in the ID with the
“residence” stamp
"Revocation" refers to withdrawal of the mandate of an
individual holding an elected public office by a court's decision and of the
mandate of the mayor by local referendum.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[The
modification introduced via Law no. 1381-XV of 21.11.97 was found
unconstitutional through the Constitutional Court Ruling no.13 of 14.03.02]
[Modified via
Law no.842-XV of 14.02.2002]
Modified via Law
no.796-XV of 25.01.2002]
[Modified via
the Law no.1227-XIV of 21.09.2000]
[Notion
introduced according to the Law no.894-XIV of 23.03.2000]
[Notion
introduced according to the Law no.268-XIV of 04.02.99]
Article 2.
Principles of Participation in Elections
(1)
Citizens of the Republic of Moldova participate in elections on the
basis of universal, equal and direct suffrage, with free and secret voting.
(2)
Participation in elections is based on the citizen's free will. No one may
exercise pressure on a voter to force him/her to participate or not in the
elections, nor on the expression of a voter's free will.
(3)
Citizens of the Republic of Moldova residing outside of the country
shall enjoy full voting rights under this Code. Representatives of diplomatic
and consular missions shall be obliged to help these citizens exercise their
voting rights.
Article 3.
Universality of Voting
Citizens
of the Republic of Moldova have the right to elect and be elected irrespective
of race, nationality, ethnic origin, language, religion, gender, opinion,
political affiliation, property or social origin.
Article 4. Equality
of Voting
Every
voter is entitled to one vote in one election. All votes have equal legal
effect.
Article 5. Direct
Voting
Every
voter votes in elections personally. Voting on behalf of other individuals is
prohibited.
Article 6. Secret
Voting
Voting
in elections or referendums is secret. Therefore, any possibility to control a
voter's will shall be excluded.
Article 7. Free
Voting
No
one has the right to exert any pressure on a voter to make him/her vote or not,
nor to prevent him/her from expressing his/her will.
Article 8. Election
Day
Elections
shall be held within one day, on a Sunday, or any other day as indicated in the
decree establishing the date of the election, throughout the entire territory
of the republic or of the corresponding area.
Article 9. Place to
Exercise the Voting Right
(1) The voting right shall be exercised
in the locality where the voter is registered for a permanent residence visa,
unless otherwise stipulated in this Code.
(2) In the case when the voter has a domicile and
residence at the same time, in the period of the residence validity, the voter
votes in the locality in which he/she has his/her residence.”
Article 10. Voting
for One Electoral Contestant
In
an election a voter votes for one single electoral contestant, and expresses
his/her will with respect to a single issue in a referendum.
Chapter 2. The
Right To Elect And Be Elected. Limitations
Article 11. The Right
to Elect
Citizens of the Republic of Moldova, who by the day
of the elections have reached the age of 18, have the right to vote in
elections in the Republic of Moldova, except for those
deprived of this right.
Article 12. The Right
to Be Elected
Citizens
of the Republic of Moldova eligible to vote and meeting the requirements
set forth in this Code have the right to be elected.
Article 13.
Limitations
(1)
The following individuals cannot vote:
- those who do not meet the
requirements specified in Article 11;
- those declared incapacitated by
a final decision of a court of law;
[Letter
b) modified via the Law no.796-XV of 25.01.2002]
- those sentenced to imprisonment by a
final decision of a court of law.
(2) The following individuals cannot be
elected:
- military personnel in active
service;
[Let.a)
in the wording of the Law no.268-XIV of 04.02.99]
[Let.b)
abrogated, the rest are renumbered according to the Law no.403-XIV of
14.05.99]
- persons mentioned in paragraph 1;
- persons convicted to deprivation of
liberty by a final court decision serving their sentence in detention
centers.”
[Let.c
(d) introduced via Law no.268-XIV of 04.02.99]
[Paragraph
3 abrogated via Law no.268-XIV of 04.02.99]
(3)
Citizens of the Republic of Moldova who are not entitled to be members
of a political party or other socio-political organization as well as
Government members and civil servants, because of the position they hold,
shall suspend their position in office upon their registration as electoral
contestants.
[Paragraph
(3) modified via the Law no. 842-XV of 14.02.2002]
[Paragraph (3)
added via the Law no.796-XV of 25.01.2002]
[Paragraph (3)
abrogated via Law no.268-XIV of 04.02.99]
Title II.
Common Provisions
Chapter 3. Electoral Bodies
Article 14. The
System of Electoral Bodies
(1)
In order to organize and conduct elections, the following shall be established:
- Central Electoral Commission (permanent);
- District Electoral Councils;
- Precinct Electoral Bureaus.
Article 15. Representation in Electoral Bodies
(1)
Electoral contestants may appoint for the duration of the electoral campaign to
electoral bodies which registered them, as well as to lower level electoral bodies
one member-representative entitled to a consultative vote. Parties, other
socio-political organizations and electoral blocs running in elections may
appoint for the duration of the electoral campaign to Central Electoral
Commission one member-representative entitled to consultative vote.
[Paragraph
1 art.15 completed via Law no.894-XIV of 23.03.2000]
(2)
Within three days members representing electoral contestants shall be confirmed
by the corresponding electoral bodies, and in case they are not accepted they
will receive a written answer indicating the grounds for their rejection.
[Paragraph
2 art.15 completed via Law no.268-XIV of 04.02.99]
(3)
In the event that electoral contestants join into a bloc after they have
nominated their representatives to the corresponding electoral bodies, the
member-representatives shall be recalled from the electoral bodies, except for
one member, appointed by a decision of the bloc leaders. If the leaders of an
electoral bloc fail to do so within three days of the day of forming the bloc,
the electoral bodies shall expel the representatives subject to withdrawal.
Electoral contestant adhering to an already existing electoral bloc shall
recall the representative member from the electoral bodies.
Section I. Central Electoral
Commission
Article 16. Formation
of the Central Electoral Commission
(1)
The Central Electoral Commission is a state body established to organize and
conduct elections.
(2)
The Central Electoral Commission consists of 9 members with a deliberative
vote: 1 member is appointed by the
President of Republic of Moldova, 1 by the Government of Republic of Moldova, 7
by the Parliament, including 5 by the opposition parties, according to the
percentage of the mandates they hold. The Central Electoral Commission’s
members may not be members of parties or other socio-political organizations.
The nominal composition of the commission is confirmed through the Decision of
Parliament with the vote of the majority of elected parliament members..
[Paragraph
2, art.16 modified via Law no.894-XIV of 23.03.2000]
(3) The members of the Central
Electoral Commission are irremovable. The vacancy of the function can appear in
the case of the mandate expiry, resignation, demission or decease. Demission
can be executed by the Parliament in the following cases:
a) adoption
on his/her regard of final judicial decision in a criminal case;
b) the loss
of Republic of Moldova citizenship;
c) the
person is declared functionally limited or functionally incapacitated by a
final court decision;
d) serious
violation of the Republic of Moldova Constitution and of the present Code
(4)
The Central Electoral Commission shall conduct its activity in compliance with
the Constitution, this Code and the commission's regulation, approved by its
resolution.
(5)
The Central Electoral Commission is a legal entity, has its own budget, bank
account, and seal representing the state coat of arms.
Article 17.
Composition and Mandate of the Central Electoral Commission
(1)
The Chairman, deputy-chairman and the secretary of the Central Electoral
Commission shall be elected from among its members with a majority of votes.
The session on electing the chairman, deputy-chairman and the secretary of the
Central Electoral Commission are conducted by two members of the Central
Electoral Commission, who are elected by simple majority of votes of CEC
members, and who are obliged to supervise/monitor the procedure of discussing
the candidatures and electing the chairman, deputy chairman and secretary of
the Central Electoral Commission. The results shall be recorded in a protocol.
The session on electing the chairman, deputy-chairman and secretary of the
Central Electoral Commission is convoked not later than 15 days since the
decision on approving the new composition of the Central Electoral Commission
enters into force. Recall from these positions can happen in cases provided in
articles 16, 19 and 20 of the present Code. [04.11.05]
[04.11.05]
[Paragraph
1 art.17 modified via Law no.894-XIV of 23.03.2000]
(2)
If the candidate for the position of Vice-Chairperson or Secretary of the
commission does not receive a majority of votes, another round of elections
shall be organized in which the candidates nominated for the same position in
the previous round may participate.
[Paragraph
2 art.17 modified via Law no.894-XIV of 23.03.2000]
(3) The Chairperson,
Vice-Chairperson and Secretary of the commission shall work on a permanent
basis. Other members of the commission shall be summoned by the Chairperson on
a case-by-case basis. The Chairman of the Commission is equal to the function
of Minister, whereas the Deputy Chairman and Secretary are equal to the
function of deputy-minister.
[Paragraph
3 art.17 modified via Law no.268-XIV of 04.02.99]
(4)
Should any one of the positions mentioned in paragraph (1) become vacant, it
shall be filled pursuant to the same procedures as in the case of elections.
(5)
Within two days of the date of its establishment, the Central Electoral
Commission shall make public its composition, location of its office and its
contact data.
(6)
The mandate of the CEC is five years. Upon expiration of the mandate, the
composition of the Commission may be changed. The same individuals may serve
for another term, but for no more than two consecutive terms.
Article 18. Meetings
and Resolutions of the Central Electoral Commission
(1)
The meetings of the CEC shall be deliberative provided that the majority of its
members entitled to deliberative vote participate.
(2)
The Central Electoral Commission shall adopt resolutions by a vote of the
majority of its members entitled to deliberative vote.
(3)
Resolutions of the Central Electoral Commission, adopted within its competence,
shall be binding for local public administration bodies, enterprises,
institutions and organizations, high rank officials, political parties, other
socio-political organizations and their bodies, as well as for all the
citizens.
“(4) The Decisions of Central
Electoral Commission are placed, within 24 hours after adoption on the Central
Electoral Commission’s official website and are published within 3 days in the
Official Gazette of the Republic of Moldova.”
[Paragraph
3 art.18 introduced via the Law no.796-XV of 25.01.2002]
Article 19. Status of
CEC Members
(1)
Members of the CEC shall be of outstanding character and have an exceptionally
high reputation for personal integrity and professional skills to exercise
electoral activities.
(2)
Members of the Commission entitled to a deliberative vote:
- may not be members of any
political party or other socio-political organization that have nominated
candidates for eligible public positions;
- may not engage in political
activities;
- cannot make statements for or
against electoral contestants;
- cannot contribute in any way to the
activities unfolded by electoral contestants, except when exercising their
competence as provided in this Code.
Article
20. Cease of CEC Membership
(1)
Membership in the Central Electoral Commission shall cease upon:
- mandate expiration;
- resignation;
- revocation;
- incapacity to exercise the
mandate;
- decease.
[Paragraph (1) introduced via the Law no.796-XV of 25.01.2002]
(2)
In the event a member of the commission fails to conform to Article 19
paragraph (2) or acts in a manner which is incompatible with his/her member
status, he/she may be recalled.
(3)
The request to recall a member of the CEC shall be addressed to the Supreme
Court of Justice by the institution that nominated the respective member to the
CEC and by the commission members.
(4)
Based on the Supreme Court's ruling on recalling of a member of the CEC and/or
cease of CEC membership prior to mandate expiration, within ten days thereof,
the relevant body shall propose and the Parliament shall confirm a new member
to serve until the expiration of his/her predecessor’s mandate.
[Paragraph
(4) modified via the Law no.796-XV of 25.01.2002]
Article 21. Release
from Other Responsibilities. Compensation
(1)
Members of the CEC not working on a permanent basis shall be released from
their professional duties for the duration of the electoral period by a CEC
Resolution.
(2)
The positions of Chairperson, Vice-Chair-man and Secretary of the CEC shall be
regarded as public officers of first rank, whereas members of the commission
entitled to a deliberative vote, released from their basic workplace, as public
officers of second rank.
(3)
Members of the commission shall be paid according to the rank of their
position, but not less than the average of their payment at their last
permanent workplace plus raises, supplements, allowances and remuneration.
Members not working on a permanent basis shall receive a 25% salary raise, for
the period they are released from their permanent workplace.
Article 22. General
Responsibilities of the Central Electoral Commission
The
Central Electoral Commission shall:
- study the method of organizing
and holding elections in order to improve the electoral law and
procedures;
- make recommendations to Government
and Parliament concerning the timelines of operating changes to the
electoral law;
- develop regulations and
instructions intended to improve the electoral procedures;
- keep a roster of trained
personnel for appointment to District Electoral Councils and Precinct
Electoral Bureaus;
- set up District Electoral
Councils and Precinct Electoral Bureaus for the partial elections to the
local councils or for mayor;
- cooperate with the following
during the organisation and holding of elections:
- The Ministry of the Interior
with respect to establishing security procedures to protect voting sites
and materials;
- State enterprises and
institutions whom it shall contract for services such as ballot printing
and equipment supply;
- Media outlets and public
associations in conducting civic and voter education activities and
informing citizens about the electoral process;
- analyze the structure of
electoral districts, in terms of the existing organisation of
administrative-territorial units of the republic;
- implement programmemes of civic
education in-between elections;
- develop voter information
programmemes during electoral periods;
- provide the media information
on the unfolding of elections and the election administration practices
employed;
- report on an annual basis to
Parliament and, when specifically requested, to the President, Government
or Parliament;
- communicate election issues to
the press and the public at large;
- establish contacts with
political parties, other socio-political and non-governmental organisations
entitled to put forward candidates for public offices, and see to their
unhindered participation in the electoral process;
- consult indigenous
non-governmental organisations interested to conduct civic education
campaigns during elections;
- organize training courses and
seminars for individuals qualified to participate in the electoral process
as members of district electoral councils or precinct electoral bureaus,
as representatives of political parties or other socio-political
organisations, electoral blocs or potential candidates, as officers in the
apparatus of electoral councils or as members of support groups;
- analyze electoral frauds,
including allegations of fraud, committed past or current elections as
well as likely to be committed in future elections and take preventive
measures; notify public authorities about issues needing consideration
according to current laws;
- organizes preliminary consultations with
parties, other socio-political organizations, with electoral blocks and
representatives of mass-media and assures the signing by these of the Code
of conduct until the start of the electoral campaign.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified
via Law no.796-XV of 25.01.2002]
[Modified
via Law no.268-XIV of 04.02.99]
Article
23. Apparatus of the Central Electoral Commission
(1)
The CEC may be assisted by an apparatus whose staff shall be appointed by the
Government at the recommendation of the CEC. Officers of the apparatus shall be
hired by resolution of the commission. Some officers of the apparatus,
nominated by the commission, shall work on a permanent basis, whereas the rest
of the officers shall be summoned for the electoral period, and shall be
released from their professional duties at their basic workplace for the
duration of the electoral period.
(2)
The salaries and expenses of the CEC apparatus shall be paid by the Commission
from its budget. The salary of an apparatus officer shall be equal to one of a
second rank public officer, but not lower than the average salary paid at the
previous permanent workplace, plus raises, supplements, allowances and
remuneration. Equivalence with definite positions shall be determined by the
CEC. Members not working on a permanent basis shall receive a 25% salary raise
for the period they are released from their basic place of work.
Article 24. Funding
of Central Electoral Commission's Activity
Funds
for CEC operations shall be provided from the State budget. The budget of the
Central Electoral Commission is drawn up according to the expenses connected to
the functioning of its apparatus and the conduct of the elections, specifying
the activities that it intends to carry out during the budgetary year.Each
year, at a time determined by the Government, the Commission shall submit a
budget request to the Government, for inclusion in the state budget draft of
expenditures connected with the the Commission functioning and the ones related
to election administration. The request shall include specifications concerning
activities the Commission intends to undertake during the course of the upcoming
fiscal year.
Article 25. Meetings
and Operations of the Central Electoral Commission
(1)
Meetings of the Commission may be called by the Chairperson or upon the request
of 3 Commission members”. In the event a meeting is requested by the Commission
members, the decision to convene the meeting shall be made within 48 hours of
submission of the request.
(2) All meetings in which the Commission
discusses electoral matters, including meetings in which the Commission is
called upon to make a decision about election issues, shall be open to the press, and
also to the public. Meetings of the Commission shall be held only after 48
hours of public notice has been given, except for meetings during electoral periods,
in which case shorter notice may be given if the matter to be discussed needs
urgent consideration.
(3)
The Central Electoral Commission shall ensure that election operations are
conducted in an open manner enabling the press and public to follow the
commission's activity.
Article 26.
Responsibilities of the Central Electoral Commission during the Electoral
Period
(1)
During an electoral period, the CEC shall have the following responsibilities:
- coordinate the activity of all
electoral bodies to prepare and conduct elections, according to this Code;
- oversee the implementation of
this Code's provisions and other laws that affect the conduct of
elections;
- establish electoral districts
and district electoral councils and supervise their activity;
- based on the data provided by
the Ministry of Justice, publish the list of parties and other
socio-political organisations entitled to run in elections, register
electoral contestants and their trustees in the event of parliamentary
elections;
- distribute funds allotted for
conducting elections; oversee the provision of electoral councils and
bureaus with offices, transportation and telecommunication; and deal with
other issues of technical and material support for elections;
- establish the form of ballots and
voter rolls, the records of meetings of electoral councils and bureaus and
other documents for conducting elections; and design of voting boxes and
stamps for the electoral councils and bureaus;
- consider communications from
public bodies on issues concerning the preparation and conduct of
elections;
- resolve issues regarding
participation in elections of those citizens that are outside the country
at the time of voting;
- sum up the results of the
elections in the entire country and, if necessary, prepare a report on the
elections results to be submitted to the Constitutional Court;
- issue resolutions with regard
to the operations of district electoral councils and precinct electoral
bureaus, election procedures, the method of organizing and conducting the
elections and technical and administrative issues;
- provide training for poll
workers and election information for voters;
- consider statements and
complaints regarding decisions and actions of district electoral councils
and precinct electoral bureaus and adopt mandatory resolutions thereupon;
- issue resolutions regarding the
release of electoral council members from their basic workplace for the
time period of working with the electoral council and determines the
number of electoral bureau members who may be released from their basic
workplace and the term of release;
- organize the conduct of the
second round of elections, repeat, early, new or partial elections,
pursuant to the provisions of this Code;
- collect information about citizen
participation in elections, sum up preliminary results and make final
results public.
(2) During the electoral campaign, the CEC may
exercise full authority even if the member-representatives entitled to a
consultative vote have not been appointed to the Commission yet.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.1227-XIV of 21.09.2000]
[Modified via
Law no.894-XIV of 23.03.2000]
[Modified via
Law no.268-XIV of 04.02.99]
Section II. Electoral Districts and District
Electoral Councils
[Title in
the wording of Law no.268-XIV of 04.02.99]
Article 27. Formation
of Electoral Districts and District Electoral Councils
[Title of
art.27 in the wording of the Law no.268-XIV of 04.02.99]
(1)
At least 55 days before elections, Central Electoral Commission shall establish
electoral districts that shall correspond to the borders of
administrative-territorial units of second level of the Republic of Moldova, and, at least 50 days before
elections, district electoral councils. In elections at any level and in
republican referendum, electoral districts and district electoral councils
shall be established within the same terms.
(2)
District electoral councils shall consist of 7-11 members entitled to deliberative
vote. Three of them must have completed higher legal education or public
administration education.
(3)
In local elections and referenda, the district electoral councils are formed on
the basis of proposals submitted by first and/or second level local councils,
and when there's a lack of such proposals, the Central Election Commission will
appoint them. To the extent possible, individuals having higher legal education
shall be appointed to district electoral councils.
(4)
Candidate-ship for 2 members of the electoral district councils are nominated
by district courts, for the other 2 members, in case of local elections – by
the local councils of the first level and, respectively, second level. The
candidate-ships of the other members with the right of deliberative vote are
nominated by the parties and other socio-political organizations represented in
Parliament at the date when the electoral district councils are constituted,
proportional to the mandates. The members of the electoral district council
nominated by the district court and by local councils may not be counselors in
local councils and members of parties.
(5)
District electoral councils, within three days of their formation, shall elect
by secret vote from among their members a chairperson, vice-chairperson and
secretary. The district electoral council shall promptly notify the Central
Electoral Commission of the results of these elections.
(6)
Within four days of the date of its formation, district electoral councils
shall make public the names of their members, the location of their office and
the means of contacting them.
(7)
District electoral councils may adopt decisions by a majority vote of its
members entitled to deliberative vote.
(8)
District electoral councils shall be assisted by an apparatus whose personnel
shall be approved by the Central Electoral Commission, at the recommendation of
the district electoral council. For the time period of release from their basic
workplace, officers shall receive a 25% salary increase.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.842-XV of 14.02.2002]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.894-XV of 23.03.2000]
[Modified via
Law no.268-XIV of 04.02.99]
Article 28.
Responsibilities of District Electoral Council
District
electoral councils shall have the following responsibilities:
- oversee the execution of this
Code and other laws affecting the conduct of elections;
- form electoral bureaus and
supervise the activity of precinct electoral bureaus; train their members,
promote the technique of voting and the importance of the vote;
[Let.b)
modified via Law no.268-XIV of 04.02.99]
- distribute allotted financial
funds among precinct electoral bureaus;
- receive and examine
communications of local public administration bodies, directors of state
entities, institutions and organizations regarding the preparation and
conduct of elections;
- exercise control over the
timely elaboration and review of the voter rolls;
- ensure precinct electoral
bureaus with a supply of forms for voters rolls, protocols and ballots,
etc.;
- register independent candidates
and lists of candidates from political parties, socio-political
organizations, and electoral blocs and make public information about them;
- decide the withdrawal of
responsibilities that the members of councils and electoral bureaus have
to fulfill at their permanent workplace, for the period during which they
work within electoral bureaus;
[Let.h)
introduced via Law no.268-XIV of 04.02.99]
[Letter
h) modified via the Law no.796-XV of 25.01.2002]
- sum up election results in the
district, submit related documents to the Central Electoral Commission and
assure that results are published in the local press;
- collect information from the
precinct electoral bureaus about citizen participation in elections, sum
up preliminary results of the election and submit them to CEC;
- consider statements and
complaints about decisions and actions taken by precinct electoral
bureaus, and adopt mandatory decisions regarding them;
- take other actions connected with
the organization and conduct of elections.
Section III. Precincts and Precinct Electoral Bureaus
Article 29.
Establishment of Precincts and Precinct Electoral Bureaus
(1)
To conduct voting and count the votes, electoral districts shall be divided
into precincts.
(2)
Precincts will be established by district electoral councils in localities
based on the recommendation of mayors of villages (communes) and cities
(municipalities) no later than 35 days before elections. Each precinct shall
have no less than 30 and no more than 3,000 voters. In elections at any level
and in republican referendum, precincts shall be established in the same term.
[Paragraph
2 art.29 completed via Law no.894-XIV of 23.03.2000]
[Paragraph 2
art.29 modified via Law no.268-XIV of 04.02.99]
[Paragraph
2 art.29 modified via the Law no.796-XV of 25.01.2002]
(3)
Special precincts may also be established at hospitals, sanatoriums, maternity
wards, asylums and homes for elderly. Such precincts must have no less than 30
voters.
(4)
Military personnel shall vote at general precincts where military units are
located.
(5)
In parliamentary elections and republican referendums, precincts shall also be
formed at Moldovan diplomatic and consular missions for workers of these
representatives and members of their families, as well as for Moldovan citizens
traveling to these countries, regardless of their number. These precincts shall
be considered to belong to the electoral district of Chisinau Municipality.
[Paragraph
5 art.29 modified via Law no.1227-XIV of 19.10.2000]
(6)
In new local, partial elections and local referenda, when the second level
district electoral council is not constituted, it is the Central Electoral
Commission that shall establish the precincts and their electoral bureaus.
[Paragraph
6 art.29 introduced by the Law no.268-XIV of 04.02.99]
[Paragraph
6 art. 29 modified via the Law no.796-XV of 25.01.2002]
(7)
A district electoral council shall number its precincts and make information
available about the size of each precinct bureau, its polling station location,
its telephone number, and means of contacting it.
(8)
Precincts shall be ordered alphabetically according to the locality where the
district electoral council is situated and continuing with those in
municipalities, towns, communes and villages.
[Paragraph
8 art.29 completed by the Law no.268-XIV of 04.02.99]
(9)
Mayoralties shall provide information and necessary assistance to precinct
bureaus to ensure proper fulfillment of their duties as stipulated in this
Code.
(10)
Precinct electoral bureaus shall be formed by the district councils no later
than 20 days before the election and will consist of 5 -11 members entitled to
deliberative vote. In elections at any level and in republican referendum,
precinct electoral bureaus shall be established in the same term.
[Paragraph
10 art.29 completed via Law no.894-XIV of 23.03.2000]
[Paragraph 10
art.29 completed via Law no.268-XIV of 04.02.99]
[Paragraph
10 art. 29 modified via the Law no.796-XV of 25.01.2002]
(11)
3 candidates for the electoral office members of the polling station electoral
council are nominated by the local councils. The other members of the polling
station electoral council with a deliberative vote are nominated by parties and
other socio-political organizations represented in the Parliament at the date
of its formation in the ratio of their representation. Members of the polling
stations electoral councils can not be counselors in the local councils and
party members. .
[Paragraph
11 art.29 modified via Law no.268-XIV of 04.02.99]
(12)
The precinct electoral bureau shall elect, within two days of its formation,
from among its members a chairperson, a vice-chairperson and a secretary of the
bureau, will immediately notify the district electoral council of its decision,
and will make public membership and location of electoral bureau and means of
contacting it.
(13)
At diplomatic missions and consulates, a chairperson and secretary of the
precinct bureau shall be elected. At diplomatic missions and consulates with
less than three workers, voting shall be done by diplomatic mail, in which case
the ballots must be sent to the Central Electoral Commission by election day.
(14)
To ensure the exercise of the constitutional right to vote, the Central
Electoral Commission may form precincts and precinct electoral bureaus in other
instances as well.
(15)
Members of a precinct electoral bureau entitled to deliberative vote may not be
councilors in local councils, party members or members of any other
socio-political organization running in elections.
[Paragraph
15 art.29 completed via the Law no.268-XIV of 04.02.99]
Article 30.
Responsibilities of Precinct Electoral Bureaus
Precinct
electoral bureaus shall have the following responsibilities:
- together with public
administration bodies provide for the review of voter rolls, ensure
integrity of the lists and electoral ballots, and be responsible for their
correct and complete development;
[Let.a)
modified via Law no.268-XIV of 04.02.99]
- consider statements about
mistakes in voter rolls, make changes in them, and issue certificates of
the right to vote to voters who, on election day, will be away from their
place of residence;
- develop supplementary voter
rolls on which persons who vote based on voting certificates are entered,
as well as voters who, for various reasons, were not included on the main
voter rolls;
- notify the public residing
within the precinct about the election day and the location of the polling
place, prepare the polling station premises for voting and install ballot
boxes and booths; organize voting on the scheduled day, ensure public
order in the premises of the polling station;
- tabulate election results in
the precinct, complete the protocols, and convey them along with all
ballots to the district electoral council;
- consider requests and complaints
regarding preparation for elections and organization of voting, and make
decisions regarding them which shall be attached to the bureau's
protocols;
- convey to the district
electoral council data regarding citizens participation in elections, as well
as the data required for tabulation of the preliminary results of the
elections;
- exercise other responsibilities in
keeping with this law.
Section IV. Support for and Activity of Electoral
Councils and Bureaus, Modification of Their Composition and Their Termination
Article 31.
Assistance to Electoral Councils and Bureaus
(1)
Public bodies, enterprises, organizations and institutions, official persons,
parties and other socio-political organizations and their bodies shall be
obliged to provide support to electoral councils and bureaus in fulfilling
their duties and supply information and materials necessary for their activity.
(2)
In matters relating to the preparation and conduct of elections, electoral
councils and bureaus may address requests to public bodies, enterprises,
organizations and institutions, official persons, parties and other
socio-political organizations and their bodies which shall consider the matter
and respond within three days of receiving the request, but no later than election
day.
Article 32.
Organization of the Activity of Electoral Councils and Bureaus
(1)
Meetings of electoral councils and bureaus during electoral period shall be
called and convened by the chairperson, and, in case of his/her absence or at
his/her request, by the vice-chairperson. In addition, a meeting may be called
at the request of at least one-third of the voting members of the
council/bureau.
(2)
A quorum for conducting a meeting of an electoral council/bureau shall be more
than half of its voting members. All decisions of electoral councils and
bureaus shall be taken by an open vote of the majority of its voting members,
signed by the chairperson and the secretary. Upon a tie vote, the chairperson's
vote shall decide. Members of the council or bureau who do not agree with
adopted decisions have the right to put in writing their own opinion, which
shall be attached to the record of the meeting.
(3)
The decisions of electoral councils or bureaus adopted within the scope of
their authority must be complied with by all public bodies, enterprises,
institutions and organizations, parties, other socio-political organizations,
and all citizens.
(4)
The Central Electoral Commission shall establish by a resolution the number of
electoral body members who shall be released from their basic professional
duties and the time period of release. Such individuals shall receive from the
electoral fund a 25% salary increase to the average monthly wage at their
normal workplace, plus raises, supplements, allowances and remuneration, but
not less than an average wage per current year, or per previous year if
elections are conducted in January or February. If pensioners or temporarily
unemployed persons are summoned, they shall receive an average country salary
per current year, or per previous year if elections
are conducted in January of February.
[Paragraph
4 art.32 in the wording of the Law no.268-XIV of 04.02.99]
[Paragraph
4 art. 32 modified via the Law no.796-XV of 25.01.2002]
(5)
If necessary it is allowed to conclude individual work contracts for the
determined time period. Inquired expenses shall be covered from the funds
allotted for elections.
[Paragraph
5 art. 32 introduced via the Law no.796-XV of 25.01.2002] (6) Members of electoral councils
or bureaus entitled to deliberative vote may not campaign for or against
candidates running for eligible public office; engage in any other political
activity on behalf of any electoral contestant; be affiliated with any of them;
make any financial or other contribution, directly or indirectly, to any
electoral contestant. In local elections members of electoral councils and
bureaus entitled to deliberative vote may not be relatives by blood or by law
with a candidate running in elections.
Article 33. Changes
in the Membership of Electoral Councils and Bureaus
(1)
The membership of the electoral council or bureau shall cease:
- upon request;
- upon recall.
(2) The institution or the electoral contestant
who nominated or appointed a member to the electoral council or bureau shall
have the right to recall that member.
(3)
If a member resigns or is recalled from the electoral council or bureau before
elections day, a replacement can be nominated or appointed as established by
this Code.
Article 34.
Termination of Electoral Councils and Bureaus
(1)
Electoral councils and bureaus established under this Code shall terminate
their activities and be dissolved by a decision of the electoral body that has
established them, as soon as practicable after the elections for which they were
formed were concluded.
[Paragraph
1 art.34 modified via Law no.268-XIV of 04.02.99]
(2)
Ordinarily, district electoral councils and precinct electoral bureaus shall
cease to exist as soon as the Central Electoral Commission (or the relevant
district electoral council) makes public the results of the elections.
(3)
After dissolution of electoral councils or bureaus in compliance with this
Code, their members shall cease to be remunerated and return to their normal
employment.
[Paragraph
3 art.34 modified via Law no.268-XIV of 04.02.99]
Chapter 4. Material Support of
Elections
Article 35. Supply of
Materials Necessary for Conducting Elections
(1)
Expenses connected with the preparation and conduct of elections shall be borne
by the State.
(2)
The amount of these expenses shall be established by Parliament within the
limits of the provisions of the law on the state budget for the year when the
elections are conducted. The relevant proposals shall be submitted by the
Central Electoral Commission to the Government. The Government shall examine
them and then present them to Parliament for approval. In the event that the
expenses are not foreseen in the ongoing year budget, their amount shall be
established by Parliament, at the proposal of the CEC.
(3)
As soon as possible after the conclusion of the election, the Central Electoral
Commission shall submit to Parliament a report on the management of the
allotted sum along with a statement of the Court of Accounts.
(4)
Funds not used shall be transferred back to the state budget.
(5)
The method of distribution and spending of funds, as well as the method of
publication of the final expense report, shall be established by the Central
Electoral Commission under the conditions provided for by this Code.
(6)
Public authorities, enterprises, institutions and organizations shall make
available office space and equipment necessary for preparation and conduct of
elections and for results tabulation, for use by electoral councils and
bureaus.
(7)
State mass media shall, free of charge, publish statements and materials
presented by the electoral councils, electoral programs of electoral
contestants, and other election-related materials, including materials designed
for civic education or voter information purposes.
Article 36.
Prohibition of Foreign Support to Electoral Campaign
(1)
Direct or indirect funding or material support of any kind for the electoral
campaign of candidates in an election and electoral contestants by foreign
countries, foreign, international or joint enterprises, institutions,
organisations, as well as by natural persons who are not citizens of the
Republic of Moldova is prohibited. Such funds shall by confiscated
to the state budget.
(2)
In the event that a contestant in an election receives on his/her account
undeclared funds from abroad or has knowingly used such funds, the Central
Electoral Commission shall ask the Supreme Court to nullify the registration of
the contestant. The Supreme Court shall examine the complaint and render its judgment
within five days, but no later than the day preceding
the elections day.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
Article 37. State
Material Support for Electoral Campaigns
(1)
the electoral competitors receive loans without
interest rates from the state.
(2)
Loans from the state budget may be received by the agency or a financial agent
only, appointed for this purpose by the contestant. Financial agents shall be
natural or legal entities, registered with the Ministry of Finance. They shall
share all responsibilities with the contestants who appointed them.
(3)
Loans received from the state shall be paid fully or partially by the state
depending on the overall number of votes received by the electoral contestant
in the respective district. The sum to be paid by the state shall be
established by dividing the sum of the credit by the number of voters who
participated in the elections, and then multiplying it by the number of valid
votes cast for the contestant.
(4)
Electoral contestants who fail to receive at least four percent of the valid
votes cast in the election throughout the republic, or in the relevant
district, including the independent candidates who were not elected, shall pay
back loans received from the state within two months of the conclusion of
voting. Other electoral contestants shall repay the loans within four months.
(5)
In the event that the elected and validated mayor refuses to exercise his/her
mandate, he/she pays back the expenditure related to the organisation and
holding of elections.
[Completed
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Paragraph 4
art. 37 modified via the Law no.796-XV of 25.01.2002]
[Paragraph 4
art.37 modified via Law no.894-XIV of 23.03.2000]
Article 38.
Conditions and Method of Support for Electoral Campaigns
(1)
Direct or indirect financing and material support in any form for the electoral
campaign of a contestant in an election by natural and legal entities may be
used only under the following conditions:
- financial or other support for
the candidates in elections, within one month of the announcement of the
campaign period, shall be announced in the press, including a newspaper of
Republic-wide circulation in the case of independent candidates or lists
of candidates in an election for Parliament, or a newspaper with regional
circulation in the relevant rayon, in the case of independent candidates
or lists of candidates in local elections;
[Let.a)
modified via the Law no.1227-XIV of 21.09.2000]
[Let.a)
modified via the Law no.268-XIV of 04.02.99]
[Letter
a) modified via the Law no.796-XV of 25.01.2002]
- after the appropriate electoral council
or bureau is formed, electoral contestants shall also report any funds or
other support they obtain from the sources described in this Article,
prior to making use of them.
(2) Electoral contestants shall open a bank
account which will be specified as an "Electoral Account", to which
the participants shall transfer their own money, funds granted by natural and
legal entities of the country. These funds may only be transferred into the
account with the candidate's prior consent. The ceiling of funds to be wired to
the electoral accounts shall be established by the CEC.
(3)
Electoral contestants shall confirm with the Central Electoral Commission the
person responsible for the finances (treasurer). Electoral contestant
who fail to open a bank account under “Electoral Fund” shall communicate
the fact to the Central Electoral Commission.
(4)
Legal entities may wire money to the "Electoral Fund" only through
bank transfer, which is to be accompanied by a note on the existence or
non-existence of a foreign share in the statutory capital.
(5)
The following may not, under any circumstances, fund or support electoral
campaigns:
- citizens of the Republic of Moldova who haven’t reached the age of
18 years;
- state funded organizations;
- anonymous persons;
- charity or religious organizations.
(6) Legal and natural entities may not order
electoral advertising materials for the electoral contestants and may not cover
the expenses related to their production without electoral contestants’
consent, and from the funds not wired to “Electoral Fund” of the relevant
candidate.
(7)
Funds wired to the “Electoral Fund” may not be used for personal interests.
Electoral contestants may not offer voters money or gifts, may not distribute
goods free of charge, including humanitarian aid or other charity.
(8)
Electoral contestants shall submit bi-weekly financial reports to the electoral
bodies, which will include data on the income and expenses and their sources.
[Paragraphs
3,4,5,6,7,8 art. 32 introduced via the Law no.796-XV
of 25.01.2002]
(9)
The bank will notify the Central Electoral Commission and the relevant
electoral council of the funds transferred to a contestant's account within 24
hours of the day of the transfer. To check the sources of income, the accuracy
of the record and spending of funds by candidates, the CEC or the district
electoral council may request that the Court of Accounts or the Fiscal
Inspector of the Ministry of Finances review the correctness of book-keeping
and usage of these funds.
(10)
The Central Electoral Commission or district electoral councils shall maintain
a file including all the data refered to in this Article, and shall make the
file available to the public for information purposes. In addition, the
respective electoral body shall compile this information on a weekly basis and
issue a weekly report on the amount of contributions received by each electoral
contestant, and the sources from which it has been received. The respective
electoral body shall release its final pre-election report two days prior to election day, and shall also prepare a final report
compiling all the information it has received concerning the amount and sources
of contributions to the contestants in an election.
[Paragraph
4 (10) art.38 modified via Law no.268-XIV of 04.02.99]
Chapter 5. Voter Rolls
Article 39. Voter
Rolls
(1) Voter rolls shall be developed by
the mayoralty in two copies for every polling station. After being developed,
the rolls will be checked with voters who are on the lists, at their domicile.
Then the rolls will be signed by the mayor and made public no later than 20 days
before election day.
“(2) The local administrative authorities check
every year (after January 1) the voter lists, updating them on the basis of the
specifications made at the voters’ domicile and present the respective
information at the Central Electoral Commission no later than March 1.”
(2)
[Paragraph
1 art.39 modified via the Law no.894-XIV of 23.03.2000]
[Paragraph 1
art.39 modified via the Law no.268-XIV of 04.02.99]
[Paragraph
1 art. 39 modified via the Law no.796-XV of 25.01.2002]
(3)
The voter rolls will include the voter's last name and first name, year of
birth, place of residence, type and number of the voter's identification
document. The order on the lists shall be established by the mayoralties.
(4)
Voter rolls of citizens in the military residing in military units, their
family members, other voters residing in military units, will be compiled on
the basis of data submitted by military unit commanders. Military personnel
residing outside military units, and their family members, shall be included on
the voter rolls at their place of residence.
(5)
Voter rolls for electoral precincts formed in rest houses, hospitals and other
curative institutions shall be compiled on the basis of data presented by the
heads of the above-mentioned institutions.
[Paragraph
4 art.39 modified via the Law no.268-XIV of 04.02.99]
(6)
Voter rolls for electoral precincts constituted outside the Republic of Moldova shall be compiled on the basis of
data collected by heads of diplomatic missions and consular offices who operate on the soil of the respective countries.
(7)
A voter may be included on only one voter roll and at only one electoral
precinct, based on acts attesting their domicile within the perimeter of the
respective polling station.
[Paragraph
6 art.39 modified via the Law no.268-XIV of 04.02.99]
[Phrase
"based on residence visa" of art.39 paragraph (6) is declared
unconstitutional via resolution of Constitutional Court no 15 of 27.05.98]
(8)
In the event that the voter changes his/her residence in the period between the
day of determining the rolls and election day, the
precinct bureaus, at the voter's request and upon presentation of his/her
passport or some other form of identification, shall issue the voter a voting
right certificate. The voter who receives such a
certificate shall confirm it by signing the voter list next to his/her name. The
voter that has both domicile and residence at the same time is registered for
the period of the validity of the residence in the voter list of the election
precinct, on the territory of which he or she has residence.
Article 40. Review of
Voter Rolls
(1)
Twenty days before elections the voter roll shall be made available for
inspection in a public place within the precinct. The mayoralty shall keep a
copy of the list. Not later than twenty days prior to elections, voters shall
be notified of the location of the precinct at which they must vote.
[Paragraph
1 art.40 modified via the Law no.894-XIV of 23.03.2000]
[Paragraph
1 art. 40 modified via the Law no.796-XV of 25.01.2002]
(2)
Citizens shall be provided with an opportunity to become familiar with the
voter rolls and to verify the accuracy of their compilation. They have the
right to appeal against their names being incorrectly omitted or excluded from
the list, as well as mistaken personal data introduced in the list. The appeals
are examined by the respective electoral bodies within 24 hours.
Chapter 6. Nomination and
Registration of Candidates
Article 41.
Nominating Candidates
(1)
In the case of parliamentary elections, the process of nominating the
candidates starts 60 days before the elections date and ends 30 days before the
elections date
[Paragraph
1 art.41 modified via Law no.1227-XIV of 21.09.2000]
[Paragraph 1
art.41 in the wording of Law no.268-XIV of 04.02.99]
[Paragraph
1 art. 41 modified via the Law no.796-XV of 25.01.2002]
(2)
The following have the right to nominate a candidate for election, provided
they meet all applicable requirements set forth in this Code:
- Parties and other
socio-political organizations registered prior to the announcement of
elections, in accordance with their statutes and current legislation;
- Electoral blocs formed on the
basis of decisions adopted according to the statutes of parties and other
socio-political organizations, registered respectively with the CEC upon
general local and parliamentary elections, or by district electoral
councils upon new elections, within 15 days of their formation - or, if
they were formed prior to the electoral period, within 15 days of the
commencement of that period;
[Letter
b) modified via the Law no.796-XV of 25.01.2002]
- Citizens of the Republic of Moldova who nominate themselves
(independent candidates).
(3) Candidate statements of agreement to run in
an election shall be submitted as follows:
- Statements by candidates for
the office of deputies to Parliament shall be submitted to the Central
Electoral Commission;
[Letter
a) paragraph 3 art.41 modified via Law no.1227-XIV of 21.09.2000]
- Statements by candidates for
council local elections shall be submitted to district electoral councils.
[Letter b) modified via the Law no.796-XV of
25.01.2002]
Article
42. Collection of Signatures in Support of a Candidate
(1)
Signatures are collected only in support of an independent candidate or for
initiating a referendum. In local election signatures are collected only in the
districts where independent candidates are running in elections.
[Paragraph
1 art.42 completed via the Law no.894-XIV of 23.03.2000]
(2)
Only independent candidates and members of a citizen initiative group, who
appoint and/or support independent candidates, their trustees, as well as
members of initiative group for holding a referendum, have the right to collect
signatures.
[Paragraph
2 art.42 modified via the Law no.796-XV of 25.01.2002]
(3)
Lists for collecting signatures in support of an independent candidate, as well
as for initiating a referendum (hereinafter petitions) must contain the last
and first name, year of birth, profession, position (occupation), place of
work, place of residence and party membership of the candidate, as well as the
last and first name of the voter who collects the signatures. Individual sheets
of the petitions shall contain only signatures of voters who live in a single
locality.
(4) Voters who support the candidate, as well
as initiating a referendum, shall indicate on the petition their first and last names, year of
birth, place of residence, type and number of identification document, date of
signing, and signature.
[Paragraph
4 art.42 modified via Law no.268-XIV of 04.02.99]
(5)
Each voter may sign the petition for only one candidate in any particular
election.
[Paragraph
5 art.42 modified via the Law no.268-XIV of 04.02.99]
(6)
The individual who gathers voters' signatures must sign every sheet of the
petition in the presence of the head of local public administration authority
where signatures were collected. Signature collectors shall introduce at the
end of each sheet of names an attestation to the effect that the collector
personally collected the signatures and confirmed the identity of the persons
whose names appear on that sheet. The petition shall be certified on each page
with the official stamp of the respective local public administration.
Article 43.
Submission and Review of Nominating Petitions
(1)
No later than 30 days before general elections, the appropriate electoral body
shall start reviewing the accuracy of the signature lists that are submitted to
it, in terms of the eligibility of the persons whose names appear on the
petitions to vote in the elections, their residence, and the authenticity of
their signatures. The petitions shall be verified within five days of the day
of submission.
[Paragraph
1 art.43 modified via the Law no.268-XIV of 04.02.99]
[Paragraph 1
art.43 completed via the Law no.894-XIV of 23.03.2000]
[Paragraph
1 art.43 modified via the Law no.796-XV of 25.01.2002]
(2)
The electoral council shall inform submitters of such lists about the results
of the review and shall announce the total number of names included on the
petitions submitted by individual contestants in elections, as well as the
number of signatures found valid.
(3)
Persons collecting signatures for nominating petitions shall be held
responsible for the authenticity of the data on petitions.
(4)
Petitions in which names have been entered prior to the official start of the
nomination period, the lists in which the number of the counterfeited
signatures constitutes more than 5% of the total number of the signatures or
petitions which have not been signed by the signature collector, or have not
been certified by the stamp of the local public administration authority, shall
be considered null and void.
Article 44.
Registration of Candidates
(1)
To register a candidate for an election, the following documents must be
submitted to the Central Electoral Commission or district electoral councils no
later than 30 days before election day:
- an official record of the
meeting of the supreme or territorial body of the party, other
socio-political organisation or electoral bloc regarding the nomination of
the candidate (list of candidates);
- petitions containing the
required number of signatures in support of independent candidates;
- biographical data about the
candidate;
- the candidate statement of
agreement to run for the office for which his/her candidacy has been
proposed;
- a declaration by the candidate
stating his/her real estate, bank accounts, securities, inheritance and
income over the two years preceding the election year, and the sources of
that income, including income derived from investment funds and lease of
property, etc.
- a declaration by the candidate
for mayor on giving up, for the duration of the mandate, any functions
that are incompatible with the position of mayor, in the event of election
and validation.
- a declaration on suspension from
previously held position, for the time period of electoral campaign - for
the persons who fall under the provisions of paragraph (13) of art. 13.
(2)
Representatives of parties and other socio-political organisation, electoral
blocs and independent candidates shall submit the documents for registration
only after to the Central Electoral Commission, relevant district electoral
councils make public the place and time of receiving those documents. This
information shall be made public within two days of the launch of candidate
designation period. If representatives of several political parties,
socio-political organisation, several electoral blocs, several
independent candidates simultaneously submit all the necessary documents to the
relevant body entitled to register them, the order or receiving them shall be
established by lots in accordance with the regulations developed by the Central
Electoral Commission and published in the Official Gazette of Republic of
Moldova.
(3)
The relevant electoral body shall register candidates for elections within
seven days of the date of submission of the documents enumerated in paragraph
(1).
(4)
Candidates in an election may not serve on any electoral council or bureau
during the period of that election.
(5)
The relevant electoral body shall issue a certificate of candidacy to
registered candidates as soon as possible but no later than three days of the
day of registration.
(6)
The relevant electoral body shall have published in the mass media funded from
the state budget its rulings on registration of independent candidates or lists
of candidates.
(7)
Upon expiration of the term for registration of candidates, the relevant
electoral body shall publish the integral list of candidates that it has
registered, providing their names, surnames, year of birth, locality of residence,
political affiliation, professions (occupations), and the name of the party,
socio-political organisation or electoral bloc that has nominated them.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.1227-XIV of 21.09.2000]
[Modified via
Law no.268-XIV of 04.02.99]
Chapter 7. Electoral Campaign
Article 45. Trustees
of Electoral Contestants
(1)
Contestants in an election may designate trustees in every district. Trustees
assist the contestants in conducting their electoral campaign, campaign for
them and represent their interests in relations with public bodies, the voters
and electoral councils and bureaus. The number of trustees for each electoral
contestant shall be determined by the CEC or the relevant district electoral
council.
(2)
The contestants shall independently choose their trustees and notify the
relevant election council, which shall register and certify them.
(3)
Trustees of contestants in parliamentary elections shall be registered by the
Central Electoral Commission. In elections for mayors and councilors in local
councils, trustees of candidates shall be registered by the respective district
electoral council.
[Paragraph
(3) modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Paragraph (3)
modified via Law no.796-XV of 25.01.2002]
[Paragraph (3)
modified via Law no.1227-XIV of 21.09.2000]
(4)
Contestants in an election may, at any time before the day preceding elections,
suspend a trustee's authority, and replace him/her with other persons.
(5)
Trustees of candidates shall upon request be granted leave from their normal
place of employment without remuneration. Neither could they be remunerated
from funds allotted for the conduct of elections. For the electoral period they
may not be dismissed or transferred from their usual job responsibilities
without their consent.
[Paragraph
5 art.45 in the wording of the Law no.268-XIV of 04.02.99]
(6)
Trustees of candidates having public functions may not use public means and
goods for electoral campaigns.
Article 46.
Guaranteed Rights of Electoral Candidates and Contestants in Elections
(1)
The electoral contestants shall participate in the electoral campaign on an
equal basis and have equal access to mass media, including radio and
television, financed by the state budget.
(2)
All electoral contestants shall be guaranteed equal opportunities for technical
and material support and funding of the electoral campaign.
(3) Candidates may be relieved from
their job duties at their normal place of employment throughout the electoral
campaign. Candidates relieved from their job duties shall present documents on
remuneration to the Central Electoral Commission no latter than two of the
elections day. The Central Electoral Commission will pay out of the means
allocated for the unfolding of elections, the average salary in accordance with
the documents of remuneration presented by the candidates within a period of
three months from the day of elections.”
[Paragraph
(3) art. 46 modified via Law no.842-XV of 14.02.2002]
[Paragraph (3)
art.46 modified via the Law no.796-XV of 25.01.2002]
[Paragraph (3)
art.46 modified via Law no.268-XIV of 04.02.99]
(4)
Candidates for parliamentary elections may use all state-owned means of
transportation (except taxi) on the soil of the entire country free of charge.
In local elections candidates shall exercise this right within the relevant
electoral district only.
[Paragraph
4 art.46 modified via Law no.1227-XIV of 21.09.2000]
[Paragraph 4
art.46 modified via Law no.268-XIV of 04.02.99]
(5) During the electoral period,
candidates may not be fired or transferred to another place of work or position
without their consent. also may not have a criminal case filed against them,
arrested, detained or be subjected to any administrative sanctions without the
agreement of the electoral body which registered them, with the exception of
cases of flagrant offences”.
[Paragraph
5 art.46 modified via the Law no.268-XIV of 04.02.99]
[Paragraph 6
art.46 is declared unconstitutional via resolution of the Constitutional Court no.43 of 27.07.99]
[Paragraph 6
art.46 modified via the Law no.268-XIV of 04.02.99]
(6)
Candidates in an election may, no latter than five days prior to election, withdraw
their candidacy by addressing in writing a declaration to this effect to the
electoral body which registered their candidacy. Parties, socio-political
organizations and electoral blocs may modify their registered nominating
petitions, within the same term and in conformity with Articles 79 and 126
thereof.
[Paragraph
6 art.46 modified via Law no.480-XIV of 02.07.99]
[Paragraph 6
art.46 in the wording of the Law no.268-XIV of 04.02.99]
(7)
If a candidate in an election withdraws his/her candidacy after ballot papers
have already been printed, the precinct electoral bureau shall stamp
"withdrawn" next to his/her name, on the ballot.
(8)
Electoral contestant who has withdrawn his/her candidacy is obliged to return
the material and financial supplies which he/she has been allotted from the
state budget to conduct the electoral campaign.
Article 47.
Pre-election Campaigning
(1)
Citizens of the Republic of Moldova, parties and other socio-political
organizations, electoral blocs, candidates and trustees of candidates have the
right to put forward for free discussion all aspects of candidates' electoral
programs, and the political, professional and personal qualities of the
candidates; and to campaign for or against candidates in elections at meetings,
reunions, meetings with the electorate, using means of mass media and other
forms of communication except for those that disturb public order or are
unethical. Electioneering for an electoral contestant is allowed only after
his/her registration with an electoral body.
[Paragraph
1 art.47 completed via the Law no.894-XIV of 23.03.2000]
[Paragraph
2 art.47 excluded via the Law no.796-XV of 25.01.2002]
(2)
During electoral campaigns, public audiovisual institutions will grant free of
charge air time, within the limits set by Central Electoral Commission, to
electoral contestants for public debates. For electioneering purposes, each
electoral contestant will be granted against charge air time not exceeding two
hours for the entire electoral campaign, including no more than two minutes per
day for each institution.
[Paragraph
2 art.47 modified via the Law no.796-XV of 25.01.2002]
(3)
During roundtables private audiovisual institutions may organize free of charge
debates, giving equal opportunities to all electoral contestants, and inviting
representatives of all electoral contestants to the same show or grouping them
according to certain criteria previously announced by the Central Electoral
Commission. All electoral contestants' speeches shall be chronometered during
the show, all electoral contestants shall be granted equal time. Electoral
contestants shall be informed on the time of broadcasting the relevant shows
seven days prior to the broadcast, the timetable is
approved by the Central Electoral Commission. The air time granted against
charge at each institution shall not exceed two minutes per day for each
electoral contestant.
[Paragraph
3 art.47 modified via the Law no.796-XV of 25.01.2002]
(4)
It is prohibited to air, apart from the air time granted free of charge during
debates, spots and TV or radio reports, on the activity of the electoral
contestant or on their or their trustees participation in meetings with the
voters, on working visits of the electoral contestants who hold offices at
republican or rayon level. No electoral candidate shall be entitled to
privileges due to the offices they hold.
[Paragraph
4 art.47 modified via the Law no.796-XV of 25.01.2002]
(5)
Electoral contestants shall be liable for the content of published or aired
electoral materials. Each advertising material shall bear the name of the
electoral candidate, date of publishing, turnout, name
of the Publishing House.
[Paragraph
5 art.47 completed via the Law no.796-XV of 25.01.2002]
(6)
Public or private audiovisual institutions shall provide equal opportunities
for electoral candidates to buy air time, by establishing equal fees.
Conditions of booking air time and the relevant fees shall be announced seven
days prior to the broadcast of the relevant show. Fees for the air time granted
to electoral contestants may not exceed fees for the commercials. Air time for
electoral spots shall be granted at the same broadcasting hours.
[Paragraph
6 art.47 modified via the Law no.796-XV of 25.01.2002]
(7) ) During the electoral period, all the TV
shows with analytic, informative, entertaining or any other character, which
mention in one way or another the electoral participants, are broadcasted with
the observance of the respective concept and regulations. The TV shows that
deal, directly or indirectly, with the electoral participants will be
broadcasted only with the title “Electorala” (electoral campaign), for
calculation of the air time. If damages to the reputation of one of the
electoral participants are brought outside the “Electorala” TV shows, he will
have the right to refutation on the same conditions.”
(8)
On election day, prior to closing polling stations mass media shall refrain
from announcing results of questioning electorate regarding their vote
"for" or "against" electoral contestants, or failure to
vote for them.
(9)
Refusal to broadcast or publish free of charge or against fee electoral spots
in compliance with this law may be appealed in court.
[Paragraphs
2-10 art.47 introduced via Law no.894-XIV of 23.03.2000]
(10)
Electoral contestants may organize meetings with the electorate. Electoral
councils and bureaus and local public administration authorities shall ensure
that opportunity to organize such meetings is provided on equal terms and
conditions to all contestants.
(11)
For the time period of electoral campaign, as well as for the time period of
conducting a referendum, air time granted to Parliament, Presidency, and
Government press service may not be used to electioneer or to campaign for or
against the issues put up for referendum.
[Paragraph
3 art.47 introduced via Law no.480-XIV of 02.07.99]
(12)
After registration of electoral contestants by the relevant electoral body,
they shall have the right to post their slogans, which may not run counter to
law or ethics.
[Paragraph
13 (4) (3) art.47 modified via the Law no.268-XIV of 04.02.99]
(13)
The local public administrative authorities are obliged, in a period of 3
days from the date of registering the electoral candidate, to establish and
guarantee a minimum of special places for electoral posters, to establish
the premises for organizing and holding meetings for the electoral candidates
with the voters
(14)
Campaign activity on election day and the day
preceding the elections is prohibited.
[Paragraph
6 (5) art.47 completed via the Law no.268-XIV of 04.02.99]
Chapter 8. Ballot Preparation
Article 48. Form of
Ballot-Papers
(1)
The design and the text of the electoral ballot for the election of Parliament
shall be approved by a vote of the Central Electoral Commission. In local
elections, the design of ballots shall be approved by the CEC whereas their
text by the relevant district electoral council.
(2)
“The ballot is divided horizontally in 2 parts. The upper part of the ballot,
called “Ballot counterfoil”, will have a size of at least 5 cm and will be
detachable. The counterfoil will have the following elements: title – “Ballot
counterfoil”, the counterfoil’s
[04.11.05]
number, elections’ type
and date, space for writing the voter’s name and surname, [04.11.05]
a special area for
applying the stamp of the polling station’s control and also for the name,
surname and signature of the person responsible for giving the ballot .The
ballot shall be divided into as many rectangles as there are electoral
contestants. The size of the rectangle must be large enough to include the
first and last name, the date of birth, occupation, position and place of
employment of the candidate, the name of the party, socio-political
organisation or electoral bloc that nominated the respective candidate or list
or candidates, and the electoral sign or symbol of the contestant, upon
request. Identical electoral symbols or signs shall be prohibited.
(3)
Electoral contestants shall be entered on the ballot in the order of their
registration with the relevant electoral body.
(4)
In the left side of the rectangle shall be printed the electoral sign or the symbol
of the electoral contestant that nominated the list of candidates or the
relevant candidate, or the electoral sign of the independent candidate at
his/her desire. The electoral signs and symbols shall be presented to the
relevant electoral body by the contestants no later than the last day of candidates registration.
(5)
In the right side of every rectangle, and at an equal distance from the top and
bottom margins, a 15 mm diameter circle shall be printed in which the voter
applies the stamp with the inscription "voted" on it to select a
candidate.
(6)
Electoral ballots shall be drawn up in accordance with the Law of the Republic of Moldova "On the Functioning of
Languages Spoken in the Republic of Moldova".
(7)
In the event that several types of elections are held simultaneously, the
ballots shall be of different colors.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.1227-XIV of 21.09.2000]
[Modified via
Law no.894-XIV of 23.03.2000]
Article 49.
Preparation of Ballot-Papers
(1)
Electoral ballots shall be printed based on instructions from the responsible
electoral bodies. Members of electoral bodies and members' representatives of
electoral contestants may assist at the drafting of voter rolls and at their
printing.
(2)
Ballots shall be printed no later than three days prior to elections, in a
quantity not to exceed the number of voters. After printing, the ballots are
folded in such a way that the face on which the voter votes should not be
visible
[Paragraph
2 art.49 modified via the Law no.796-XV of 25.01.2002]
(3)
Printed ballots shall be stored by the responsible district electoral council
and delivered to precinct electoral bureaus on the eve of elections based on an
act of delivery.
[Paragraph
3 art.49 modified via the Law no.796-XV of 25.01.2002]
(4)
The premises where ballots are stored shall be guarded by the police. Only the
chairperson of the relevant district electoral council or precinct electoral
bureau, accompanied by at least two other members of the council or bureau,
shall have access to them during this period.
(5)
Representatives of electoral contestants, as well as any voter, shall have the
right to inspect sample ballots at the precinct electoral bureau.
(6)
The ballots for parliamentary elections shall be delivered to district
electoral councils by the Central Electoral Commission not later than two days
before the election.
[Paragraph
6 art.49 modified via Law no.1227-XIV of 21.09.2000]
[Paragraph
6 art.49 modified via the Law no.796-XV of 25.01.2002]
Chapter 9. Voting
Article 50. Time and
Place of Voting
Voting
is carried out on election day between (7:00 and 21:00).
The
precinct electoral bureau shall publicly announce the time and place of voting
no later than 10 days before election day.
Article 51. Voting
Conditions
(1)
During the time allotted for voting the polling place may not be closed nor may
voting be terminated, with the exception of cases of mass disorders, natural
disasters, or other unforeseen circumstances which make conducting the
elections impossible or dangerous for the voters. In such cases the chairperson
of the precinct electoral bureau may suspend voting for no more than two hours
to put the electoral precinct into its proper condition or move it to other place,
having notified the voters of this fact.
(2)
Individuals with the right to be in attendance at the voting may not be
compelled to leave the polling place during a time when voting has been
suspended.
Article 52.
Organization of Voting
(1)
Voting shall be carried out at specially equipped places with desks for ballot
issue, voting booths or rooms for secret voting and voting boxes. Boxes must be
placed in such a way that to approach them the voters shall enter voting booths
to vote in secret. The premises shall have a sufficient number of booths or
rooms so as to avoid a large accumulation of voters.
(2)
For purposes of maintaining order in the electoral precinct and avoiding a
large accumulation of voters, the precinct electoral bureau shall establish a
path for the movement of voters, beginning with the entry to the tables where
the ballots are passed out, then to the secret voting booths, and on to the
ballot boxes.
(3)
The polling station shall be laid out in a way to allow the members of the precinct
electoral bureau and other authorized persons present at the precinct to
continuously observe all aspects of the voting process, including voter
identification and issuance of ballots, and voters' placing of ballots into
ballot boxes.
(4)
The provision of the electoral precinct with booths, ballot boxes, and other
necessary materials shall be the responsibility of local government.
(5)
Precinct bureaus shall be responsible for organizing voting, ensuring the
secret expression of the voters' will, equipping the premises and maintaining
order at polling stations.
Article 53. Voting
(1)
Every voter must vote in person. Voting for other individuals is not allowed.
The precinct electoral bureau shall hand out ballots to voters based on the
voter roll, only upon the presentation of an identification document. Voters
shall confirm receipt of the ballot by signing the voter roll next to his/her
name. The person responsible with giving the ballot will fill it in, writing
down the name of the voter for whom the ballot is issued, the series and number
of the voter’s ID, his name, surname and signature.”
(2)
Citizens residing on the territory of the electoral precinct not included on
the voter rolls shall be entered on a supplementary voter roll upon presentation
of an identification document showing their place of residence within the
precinct. Citizens who have presented the precinct bureau a certificate of the
right to vote shall be included on the same list. The certificate shall remain
at the precinct electoral bureau and be attached to the protocol.
“(3) The voting is done on the basis
of the ID and the accompanying slip which certifies the domicile or, depending
on the case, the voter’s residence in the radius of the respective polling
station.
(4) In the moment when giving the
ballot, one of the members of the electoral office applies on page 6 of the
ID’s accompanying slip the “Voted” stamp and the date of the voting.”
[Paragraph
2 art.53 in the wording of Law no.268-XIV of 04.02.99]
(5)
The chairperson and precinct electoral bureau members shall vote at the polling
station where they conduct their activity, and shall be entered to
supplementary lists based on the certificate of the right to vote.
(6)
The chairperson of the precinct electoral bureau shall keep a record of the
events during voting and vote counting. At the request of bureau members, of
the persons authorized to attend electoral procedures, or of any voter, the
chairperson shall note their comments and complaints regarding electoral procedures,
which shall be attached to the protocol of the precinct electoral bureau.
Article 54. Balloting
Procedure
(1)
The ballot shall be filled out by the voter in a secret voting booth or room. A
voter who is unable to fill out the ballot him/herself has the right to invite
another individual into the booth, with the exception of members of the
electoral bureau, representatives of candidates, and other accredited
individuals entitled to attend electoral procedures.
(2)
The voter shall apply the stamp with the inscription "voted" in the
circle of only one of the rectangles on the ballot, which shall signify that
he/she has voted for the corresponding electoral contestant. The circles in the
rest of the rectangles should be left blank.
[Paragraph
2 art.54 modified via Law no.894-XIV of 23.03.2000]
(3)
It shall be prohibited for any person to take a ballot out of the polling
place.
(4)
A voter may not vote for more than one electoral contestant.
(5) Before the voter introduces the
voting ballot into the box, the latter will tear off the ballot’s counterfoil,
whereas one of the members of the polling station’s electoral office, who will
always stand next to the box, will apply on the other side of the ballot and of
the counterfoil the special stamp of the polling station’s electoral office.
[Paragraph
5 art.54 added via Law no.894-XIV of 23.03.2000]
[Paragraph
5 art.54 modified via the Law no.796-XV of 25.01.2002]
(6)
If a voter has inadvertently spoiled a ballot, at his/her request the precinct
electoral bureau shall cancel it and issue a new ballot only once. In this
event, a note shall be made in the minutes of the voting and in the voter roll.
(7)
The voter introduces the filled in ballot in the box only after the person
responsible for supervising the ballot box will ensure the identity of the
holder of the ballot. The person responsible for supervising the ballot box
will have the obligation to keep all the ballot counterfoils
Article 55. Voting
Security
(1)
At 07:00 a.m. on election day the chairperson of the
precinct electoral bureau, in the presence of no less than half of the members
of the bureau, shall check the ballot boxes and seal them. The chairperson
shall also check the voter rolls, ballots, and seals, and announce the
beginning of the voting. The chairperson shall invite the other members of the
bureau, any other persons authorized to attend voting operations at the polling
station, as well as the voters who may be present at the time of opening to
observe his/her actions.
(2)
Ballots shall be stored in a secure place in the electoral precinct, packed in
bundles of 100, and issued by the precinct chairperson in necessary quantities
to members of the bureau for distribution to voters whenever necessary.
(3)
Members of the precinct electoral bureau as well as representatives of the
electoral contestants and persons authorized to attend the polling station
shall be obliged to have and display identification badges. Persons who enter
polling stations shall be prohibited from displaying any emblems, badges or
other symbols having to do with the electoral campaign.
(4)
If, for health or other well grounded reasons, the voter is unable to be
present in the polling place, the precinct electoral bureau, at his/her oral or
written request, shall send no less than two members of the bureau with a
special ballot box and everything necessary for voting in the place where the
voter is located in order to conduct the voting. On the voter roll beside the
name of the respective persons a specification shall be made "voted at the
place of stay".
[Paragraph
4 art.55 modified via Law no.268-XIV of 04.02.99]
(5)
Individuals being detained on the basis of an arrest order until a court
sentence is handed down, individuals sentenced to
incarceration under a court decision which has not taken legal force, and
individuals serving terms for committing an administrative legal violation
shall also vote following the procedure described in paragraph (4).
(6) In the event the chairperson of
the precinct bureau authorizes a special ballot box to leave the polling
station, he/she shall announce this fact beforehand to the member representing
the contestants and the individuals accredited to observe electoral procedures,
and shall give them the opportunity to accompany the mobile box using their own
transportation if necessary. as well as the list of
voters that requested to vote at place of residence are brought”.
(7)
The responsibility for maintaining order on election day
in the polling place and territory adjacent to it within a radius of 100 meters
shall be assigned to the chairperson of the precinct electoral bureau. The
decisions he/she makes to maintain order shall be mandatory for all.
(8)
The following individuals are entitled to be present during the sessions of the
electoral bodies, vote counting and tabulation, activities related to the voter
rolls, ballots, voting certificates, and compilation of the protocols on
elections and referendum results:
- members of the superior
electoral bodies;
- representatives of the
electoral contestants to electoral bodies;
- domestic, national, foreign and
international observers accredited by the relevant bodies;
- mass media representatives.
No other individual may remain in the polling
section longer than it takes one to vote.
[Paragraph
8 art.55 modified via the Law no.796-XV of 25.01.2002]
(9)
It shall be strictly prohibited for anyone to enter a polling place with a
firearm or bladed weapon, except for a security officer coming to vote or a
security officer responding to a request by the chairperson of the precinct
electoral bureau to assist in reestablishing order.
[Article
55 modified via Law no.894-XIV of 23.03.2000]
Chapter 10. Vote Counting
Article 56. Votes
Counting by the Precinct Electoral Bureau
(1)
Upon completion of voting, the chairperson of the precinct electoral bureau
shall announce the end of voting and give instructions to close the premises.
The electoral bureau then begins counting the votes.
(2)
Prior to opening the ballot box, all unused ballots shall be counted, and
canceled by the precinct electoral bureau by applying the stamp
"canceled" thereupon.
(3)
After checking the seals on the ballot boxes, the chairperson of the precinct
bureau in the presence of the members of the bureau and other individuals with
the right to attend shall open the ballot boxes. Mobile boxes shall be opened
first, the votes counted, and then the other boxes shall be opened.
(4)
The electoral precinct must be provided with a sufficient number of tables so
that all ballots taken from the ballot boxes may be counted in one place
visible to all members of the precinct bureau and others in attendance. Markers
with the names of the electoral contestants shall be installed on the table for
vote counting.
(5)
Prior to counting the votes for the various contestants in the election, the
precinct electoral bureau shall count the total number of ballots which were
deposited in the ballot boxes. The bureau shall also count the number of voters
issued ballots, as determined by the number of names on the voter roll and
supplementary list which were counter signed by voters. The obtained numbers
are obligatory checked with the number of ballot counterfoils.”
(6)
The number of ballots contained in mobile boxes shall first be counted
separately, and reconciled with the number of ballots issued for this purpose,
prior to including them in the count of votes for the various contestants in
the election.
(7)
Using a procedure determined by the precinct electoral bureau,
or upon instructions from the Central Electoral Commission or relevant district
electoral council, members of the precinct electoral bureau shall unfold the
ballots and determine for which electoral contestant the ballot was cast. The
ballots for each shall be counted and bound together separately, and the
results of the counting shall be entered on a special counting form as they are
determined.
(8)
Before the number of votes obtained by each electoral contestant is entered on
the protocol, observers and other accredited individuals shall be granted an
opportunity to recheck the figures entered on the counting form.
(9)
The precinct electoral bureau shall not include invalid ballots in vote
counting.
(10)
After closing the polling place, the precinct electoral bureau shall remain in
continuous session during the count and until the preparation of the protocol
and minutes has been completed. All members of the
precinct bureau shall remain at the precinct and participate in the operations
of the bureau during this entire period, unless prevented from doing so by a
physical disability or other extraordinary circumstances.
Article 57. Invalid
Ballots
(1)
The following types of ballots shall be considered invalid:
- ballots on which there is no
control stamp of the electoral precinct;
- ballots of other than the
legally approved form;
- ballots on which the seal with
the inscription "voted" has been applied in more than one
rectangle;
[Letter
c) paragraph 1 art.57 modified via Law no.894-XIV of 23.03.2000]
[Letter
c) paragraph 1 art.57 modified via the Law no.796-XV of 25.01.2002]
- ballots on which the seal with
the inscription "voted" has not been applied in any rectangle;
[Letter
d) paragraph 1 art.57 modified via Law no.894-XIV of 23.03.2000]
- ballots in which the voter has
added the name of other additional electoral contestants;
- spoiled ballots, either mutilated or
de-faced, in which the voter's option is not clear.
(2)
As long as the intention of the voter is clear, the ballot may not be declared
invalid simply because the voter applied several times the “Voted” stamp in a
single rectangle, or applied it beyond the circle of the rectangle or on the
electoral contestant’s symbol.
[Paragraph
2 art.57 modified via the Law no.796-XV of 25.01.2002]
(3)
Prior to declaring a ballot invalid, the chairperson of the precinct electoral
bureau shall provide all members of the bureau, observers, and other accredited
individuals present at the precinct with an opportunity to inspect it.
(4)
If members of the precinct electoral bureau have doubts about the validity of a
ballot, the question shall be decided by a vote, and the results of the vote
entered in the protocol.
Article 58. Protocol
and Minutes of the Precinct Electoral Bureau
(1)
The precinct electoral bureau shall develop a protocol, in two copies,
including:
- the number of voters included
on the voter rolls;
- the number of voters added on
supplementary lists;
- the number of voters who have
been issued ballots;
- the number of voters who participated
in the voting;
- the number that shows the
difference between the number of ballot counterfoils and the number of
those people that have participated in the voting
- the number of electoral ballots
declared invalid;
- the number of valid votes cast
for each electoral contestant / for each issue put up for referendum;
- the total number of valid votes
cast;
[Let.g)
introduced via the Law no.268-XIV of 04.02.99]
- the number of ballots received
by the precinct electoral bureau;
- the number of unused and canceled
ballots.
(2) In parliamentary elections, the format of
the protocol shall be established by the CEC, whereas in local elections by the
relevant district electoral council. Prior to election day
the relevant electoral council shall provide precinct electoral bureaus with
the necessary number of protocol forms.
[Paragraph
2 art.58 modified via Law no.1227-XIV of 21.09.2000]
(3)
The results of the vote counting shall be considered at a meeting of the
precinct electoral bureau and entered into the protocol, which shall be signed
by the chairperson, deputy chairperson, secretary, and other members of the
bureau. The absence of signatures of individual members of the precinct
electoral bureau shall not make the protocol invalid. However, the reasons for
the absence of these signatures shall be indicated in the minutes of the
electoral bureau.
(4)
The protocol on the voting results shall be prepared in several copies in the
presence of precinct electoral bureau members, representatives of electoral
contestants and other persons entitled to assist at the electoral procedures. “A
copy of the protocol is kept at the electoral office of the voting station, a
copy is presented to the electoral district council, a copy is immediately
posted at the entrance into the polling station, whereas the others, are
obligatorily handed to representatives of electoral competitors and observers
[Paragraph
4 modified via the Law no.894-XIV of 23.03.2000]
(5)
The chairperson of the precinct bureau shall also prepare the minutes of the
bureau based on the written record of the bureau's activities during the period
of voting and thereafter. The minutes will include a brief account of
statements and complaints and decisions adopted regarding them made by the
bureau. The chairperson shall also give the other members an opportunity to
provide written comments and additions to the minutes. The chairperson shall
then sign the minutes and request the other members of the bureau to do so and
to express their comments on the minutes. Complaints shall be attached to the
minutes.
(6)
The chairperson of the precinct electoral bureau shall deliver as soon as
practicable, but in no event later than 18 hours after the announcement of the
closing of the electoral precincts, to the district electoral council the protocol,
minutes, invalid, unused, or protested ballots, and the stamps of the electoral
precinct, in a sealed box. The sealed box shall be transported under police
guard, with the chairperson and at least two members of the precinct bureau in
attendance at all times.
(7)
Electoral bureau stamps shall be kept in a box at the polling station. After
elections stamps shall be delivered to district electoral councils at their
request.
Article 59.
Tabulation of Votes by the District Electoral Council
(1)
After receiving from the precinct electoral bureaus the protocols and reports
showing the results of the vote in the precincts, the district electoral
council shall first establish the number of voters who participated in the
election. The district electoral council shall promptly report this figure to
the Central Electoral Commission. In the event the number of votes cast
throughout the entire electoral district was less than the one required for the
validity of the elections in that district, the district council should also
indicate that fact to the Central Electoral Commission. Either the Central
Electoral Commission or the district electoral council should promptly announce
publicly that the election in the Republic or that district was invalid.
(2)
On the basis of the records of precinct electoral bureaus, the district
electoral council shall determine, with respect to the entire district:
- the overall number of voters
included in the voter rolls;
- the number of voters on
supplementary lists;
- the number of voters who have
been issued ballots;
- the number of voters who voted;
- the number that shows the
difference between the number of
ballot counterfoils and the number of people that have participated
in the voting;
- the number of ballots declared
invalid;
- the number of valid votes cast
for each electoral contestant / for each question subject to referendum;
- the total number of valid votes
cast;
[Let.g)
introduced via the Law no.268-XIV of 04.02.99]
- the number of ballots received
by the district electoral council;
- the number of canceled and unused
electoral ballots.
(3) The district electoral council shall then
draw up a record on vote tabulation throughout the entire electoral district.
This record shall be signed by all members of the district electoral council,
who shall also have the opportunity to have whatever comments they wish to make
attached in writing to the record. Copies of the record on vote tabulation will
be handed over to the representatives of electoral contestants.
(4)
The district electoral council shall submit the record of its vote tabulation
in the district to the Central Electoral Commission within 48 hours of the
closing of the voting places. When submitting the protocol to the Central
Electoral Commission, the District electoral council posts at the entrance - the table with the
detailed information concerning the district elections results
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.268-XIV of 04.02.99]
Article 60. Review of
Election Results by the Central Electoral Commission
(1)
Upon parliamentary or local elections, or republican referendums, based on the
documents received from district electoral councils the CEC shall develop
within five days a protocol including:
[Paragraph
1 art.60 modified via Law no.1227-XIV of 21.09.2000]
a)
the
overall number of voters included on the voter rolls;
b)
the
number of voters on supplementary lists;
c)
the
number of voters who have been issued ballots;
d)
the
number of voters who voted;
e)
the
number that shows the difference between the number of ballot counterfoils and the number of people
that have participated in the voting;”
f)
the
number of ballots declared invalid;
g)
the
number of valid votes cast for each electoral contestant / for each issue put
up for referendum;
h)
the total number of valid votes cast.
[Let.g)
introduced via the Law no.268-XIV of 04.02.99]
(2) The CEC shall then draw up a record
indicating the summing up of the voting results nationally, which shall be
signed by all members of the commission, and shall draw up minutes on the
election results. Copies of the record on the voting results shall be handed
over to representatives of the electoral contestants.
(3)
If necessary, the documents mentioned in paragraph (2) shall be submitted to
the Constitutional Court for confirmation of results and
validation of mandates.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.1227-XIV of 21.09.2000]
[Completed via
Law no.268-XIV of 04.02.99]
Article 61.
Announcement of Preliminary Results
(1)
Prior to receiving all election results from subordinate electoral councils and
bureaus, the electoral body responsible for determining the overall results of
an election shall periodically announce partial results as soon as practicable
upon reception.
(2)
The electoral body responsible for determining the results of an election shall
publicly announce the overall results of that election as soon as practicable
once all the results have been received from the subordinate electoral councils
and bureaus, unless appeals filed with it or the competent court are likely to
affect the outcome of the election.
(3)
Responsible for determining the results of an election shall be:
- the Central Electoral
Commission with respect to parliamentary elections, general local
elections and republican referenda; or
[Letter
a) paragraph 3 art.61 modified via Law no.1227-XIV of 21.09.2000]
- the appropriate district electoral
council, in case of local elections and referendums.
Article
62. Retention of Election Records
(1)
The Central Electoral Commission shall retain the electoral materials.
(2)
Upon expiration of the electoral period, district electoral councils shall
dispose of the electoral documents and materials as follows:
- Candidate lists, unused/canceled
voter ballots, invalid and contested ballots, protocols and minutes
received by district electoral councils from precinct electoral bureaus,
shall be delivered to the Central Electoral Commission;
- Valid ballots received from
precinct electoral bureaus shall be submitted to the court in the relevant
electoral district;
- Other sensitive voting
materials, such as stamps of precinct electoral bureaus and the district
electoral councils, shall be returned to the Central Electoral Commission.
(3) The Central Electoral Commission shall
issue regulations allowing access to the materials described in this Article
when it is necessary to prolong elections (to validate deputy candidates'
mandates) or for historical research, investigation into election administration
techniques and practices, and in other justified instances.
[Paragraph
3 art.62 modified via the Law no.480-XIV of 02.07.99]
Chapter 11. Observation and Press
Coverage
Article 63. Observers
(1)
At the request of any electoral contestant in an election, the district
electoral council shall accredit for any precinct a representative to observe
the election. The trustee of a candidate in the election may also be accredited
as an observer. In the event the district council finds that an individual
proposed for accreditation under this subsection is unacceptable, it shall
promptly inform the electoral contestant who proposed that person of its
reasons.
(2)
The Ministry of Foreign Affairs will accredit representatives of international
organizations, foreign governments, and international non-governmental
organizations as observers.
(3)
By a Central Electoral Commission Resolution, the district electoral councils
shall accredit representatives of qualified public associations from the Republic of Moldova to observe the election at the
precincts. For purposes of this subsection, a "qualified" public
association is one which is committed under its statute to promote human rights
and democratic values, and is found by the Central Election Commission (or, in
the case of regional organizations, the district electoral council) to be
capable of exercising civic functions with respect to the election.
(4)
Accredited observers shall have the right to attend any electoral operation,
including on the election day, without interfering
with the voting process or other election operations carried out by electoral
bureaus, and shall report any irregularities observed to the chairperson of an
electoral bureau. Observers may,, make copies of the
electoral documents which are issued on the basis of a verbal request.
“(6) The observers can be accredited
before the beginning of the electoral period and can perform their activity on
elections day and also in the periods before, during and after the elections.”
Article 64. Press
Coverage of Elections
(1)
During electoral campaign, the press and media shall cover elections pursuant
to regulations adopted by the CEC.
(2)
Mass media representatives shall have the same rights as accredited observers.
(3)
On election day, prior to the closing of all polling
places, the media shall refrain from making public materials, including
interviews with voters, indicating how the contestants in the election are
faring or how likely they are to obtain votes.
(4)
Mass media will broadcast, at the Central Electoral Commission’s request,
social, civic and electoral education video clips; will carry on information
campaigns for voters regarding the voting procedure and other voting features.
“(5) Public audiovisual institutions are
obliged, whereas the private ones have the right, at the Central Electoral
Commission’s request, to organize public debates, during the whole electoral
campaign, in equal conditions for all the electoral competitors. They are
offered for debates not less than 90 minutes per day, time that can be used for
one or more TV shows.
(6)
The audiovisual institutions have the right to choose the format of the
debates, with the condition to respect, in general, the equality among all the
electoral competitors of the air time offered for debates
[Paragraph
4 art.64 modified via the Law no.796-XV of 25.01.2002]
Chapter 12. Judicial Proceedings
Section I. Complaints with Respect to
the Organization and Conduct of Elections
Article 65.
Complaints
(1)
Any voter or any electoral contestant may appeal a decision or action by an
electoral council and bureau to court or higher level electoral bodies.
(2)
The appeal (complaint) shall describe the motives and evidence of the action
complained about, and be signed by and bear the identity
data of the complainant.
Article 66.
Submission of Appeals
(1)
Actions and decisions of electoral bodies may be appealed within three days of
discovering the action or taking the decision.
[Paragraph
1 art.66 in the wording of the Law no.403-XIV of 14.05.99]
(2)
Appeals (complaints) against decisions and actions by the precinct bureaus and
district electoral councils shall be filed with the court in the population
point where the respective council or bureau is located.
(3)
Actions and decisions by the CEC shall be appealed to the Supreme Court of
Justice.
Article 67.
Consideration of Appeals (Complaints)
(1)
Appeals against actions and decisions by the CEC filed during an electoral
period shall be acted upon within five days of their filling.
(2)
Appeals based on actions of district electoral councils or precinct electoral
bureaus shall be examined within 3 days of filling, but no later than election day.
(3)
Appeals submitted to court on the day of elections shall be considered on the
same day, whereas appeals regarding electoral body decisions on results
tabulation and mandate award shall be examined by court simultaneously with the
legality of the election and the validation of mandates.
[Paragraph
3 art.67 in the wording of the Law no.403-XIV of 14.05.99]
(4)
The activity of the courts during an electoral period shall be organized in
such a way that statements, complaints and appeals can be submitted freely and
in due time.
(5)
Complaints submitted to court shall be considered pursuant to the Code of Civil
Procedure and the Law on Contentious Business.
[Paragraph
5 art.67 modified via the Law no.796-XV of 25.01.2002]
Article 68. Decisions
by Courts with Respect to Appeals (complaints)
(1)
A court of law shall adopt and pass judicial decisions under the Code of Civil
Procedure and Law on Contentious Business.
(2)
After examining the materials regarding the legality of the election and
validation of mandates, a court shall adopt a resolution on confirming legality
of elections in the relevant electoral district,
validate mandates of the elected councilors and mayors, as well as the list of
deputy candidates.
(3)
In the event that a court has confirmed legality of elections, whereas
tabulation mistakes are found in protocols, the court shall, on its own
initiative, or at the request of contesting part, annul, totally of partially,
the protocol and shall exclude the electoral contestant, who has been cast a
smaller number of valid votes, replacing him/her with the electoral contestant
who has been cast a greater number of valid votes on sequential division.
(4)
A court of law shall not validate results of local elections in the relevant
electoral district if frauds committed during elections or during vote
tabulation have affected the election results.
(5)
Court decisions shall be final and binding for execution from the moment they
are made.
(6)
Court decisions may be appealed within three days of their adoption.
(7)
Such appeals shall be examined within three days of submission.
[Modified
via Law no.31-XIV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.403-XIV of 14.05.99]
Section II. Penalties for Electoral Law Violation
Article 69. Juridical
Penalties
(1)
Individuals who, by violence, treachery, threat, substitution or other method
prevent citizens from freely exercising their voting rights; purposefully
distribute false information about electoral contestants; commit any other
action against the honor and dignity of candidates; conduct electoral
propaganda on the day preceding the elections and on the day of elections;
hinder the activity of electoral councils and bureaus or the voting at
precincts shall be held accountable according to current laws.
(2) The Central Electoral Commission can
sanction the competitors of the electoral process for violating the provisions
of the present code by applying:
a)
a warning;
b)
a fine.”
[Art.69
completed via the Law no.268-XIV of 04.02.99]
Article 70. Criminal
Penalties
(1)
The following acts shall constitute crimes and be punished in keeping with the
Criminal Code:
- using any means to stand in the
way of free exercise of the right to vote or be elected and if the same
actions are combined with causing serious bodily harm or a threat to human
life;
- falsifying by any means voting
results;
- opening ballot boxes before the
termination of voting as established by law;
- damaging or forcibly entering the
premises of the electoral precincts, or stealing ballot boxes or electoral
documents.
(2) Criminal cases for crimes described in
paragraph (1) shall be pursued by prosecution bodies.
(3)
The chairpersons of electoral bodies and other officials are obliged to inform
the prosecution bodies immediately whenever they become aware of evidence that
an action, which in their opinion includes elements of a crime, related to
conducting elections has been committed.
“(4) Criminal cases regarding the
offenses listed in paragraph (1) performed during the electoral campaign are
examined by the prosecutor’s office in a period of 5 days.”
[Paragraph
3 art.70 modified via the Law no.268-XIV of 04.02.99]
Article 71.
Administrative Offenses
(1)
The following shall constitute administrative legal violations and be punished
in accordance with the Code on Administrative Offences, and Article 70 of this
Code, unless they also constitute crimes:
[Paragraph
1 art.71 completed via the Law no.268-XIV of 04.02.99]
- failure by official persons to
provide data and materials to electoral bodies as well as failure to abide
by their decisions;
- destroying, smudging, or making
unusable by other means voter rolls and electoral posters;
- officials organizing public
meetings at which the sale and consumption of alcoholic beverages is
permitted, or failing to take measures to conduct such meetings in an
orderly manner;
- deliberately entering on the
voter rolls individuals who do not have the right to vote in accordance
with this Code, individuals who do not really exist, or intentionally
including the same individuals on more than one list; unjustifiably
refusing to accept and consider complaints pertaining to actions related
to the elections;
- knowingly agreeing to entering
an individual on more than one list of candidates;
- members of electoral bodies
failing to make public proposals for the registration of candidates;
- using funds obtained from
abroad or not publicly declaring funds received;
- preventing people with the
right of vote from entering the polling place or exercising their right to
vote;
- refusing to follow the
instructions of the chairperson of the precinct electoral bureau to
provide for order in the polling place and the area adjacent to it;
- unjustifiably failing to issue
a ballot to a voter included on the lists or issuing one and the same
individual more ballots than he/she is entitled to cast in the election;
- members of precinct electoral
bureau unjustifiably leaving from the polling places before the election
results are summed up and they have signed the record;
- continuing to campaign on the
day preceding the elections and on election day;
[Let.l)
completed via Law no.268-XIV of 04.02.99]
- taking an electoral ballot
issued for voting off of the premises of an electoral precinct;
- falsifying signatures on lists in support
of an independent candidate.
(2) The administrative legal violations
specified in paragraph (1), depending on the case, shall be based on records
drawn up by the mayor of the locality; the chairperson of electoral bodies, and on records drawn up by police bodies which
exercise their functions with respect to supervision of electoral operation.
(3)
Records stating administrative offences shall be submitted to the court in the
location of the population point where the legal violation has been committed.
“(4) The court will examine the respective
cases regarding administrative offences in a period of 2 days. The period of
appeal is 2 days. The appeal courts will solve the cases in a period of 2
days.”
Title III
Elections to Parliament
Article
72. Applicability of this Chapter
This
Title (Articles 72-94) shall be applicable only to elections for mandates to
serve in Parliament of the Republic of Moldova.
Article 73. Elections
to Parliament
(1)
Parliament of the Republic of Moldova shall be elected by an universal, equal, direct, secret and freely expressed
vote, for a period of four years.
(2)
Elections to Parliament shall be conducted based on one national electoral
district in which 101 deputies shall be elected.
Article 74. Administrative Electoral Districts and Precincts. District
Electoral Councils and Precinct Electoral Bureaus
(1)
For administrative purposes, the Central Electoral Commission shall establish,
at least 55 days prior to election day, administrative
electoral districts corresponding to the territorial-administrative units of
the second level of the Republic of Moldova, and at least 50 days prior to
elections, electoral councils, pursuant to the provisions of Article 27 of this
Code, to be correspondingly applied. The responsibilities of the district
electoral councils shall include those put forth in Article 28 of this Code, to
be applied correspondingly except for letter (g).
[Paragraph
1 art.74 modified via the Law no.268-XIV of 04.02.99]
[Paragraph
1 art.74 modified via the Law no.796-XV of 25.01.2002]
(2)
Electoral districts shall be divided into precincts, pursuant to Article 29 of
this Code, to be applied correspondingly.
(3)
The precinct electoral bureaus shall be formed and shall exercise their
responsibilities, pursuant to Article 29 and 30 of this Code, to be applied correspondingly.
Article 75.
Candidates for Election to Parliament
Citizens
of the Republic of Moldova, eligible to vote, who have reached the age of
18 years by and on election day, live permanently in
the country and meet the requirements provided herein may be candidates for
deputy mandates.
Article 76.
Declaration and Date of Elections
(1)
The election of deputies shall be held within three months of the expiration of
Parliament's mandate.
(2)
The day of elections to Parliament shall be scheduled by a resolution of
Parliament no later than 60 days before election day.
[Paragraph
2 art.76 modified via the Law no.796-XV of 25.01.2002]
(3)
In the event of Parliament dissolution, elections of the new Parliament shall
be determined by the same decree of the President of the Republic of Moldova. Early elections shall be conducted
no later than 45 days of the day when the decree becomes effective.
[Paragraph
3 art.76 modified via the Law no.894-XIV of 23.03.2000]
Article 77.
Registration of Electoral Candidates
In
order to be registered electoral candidates shall submit to the Central
Electoral Commission the documents described in Article 44 of this Code.
Article 78. Special
Requirements for Petitions
(1)
Petitions in support of an independent candidate are developed and verified
pursuant to Articles 42-43 of this Code, to be correspondingly applied.
(2)
To be registered by the Central Electoral Commission, independent candidates
shall submit petitions containing signatures of at least 2,000 and at most
2,500 supporters eligible to vote.
[Paragraph
2 art.78 completed via the Law no.268-XIV of 04.02.99]
(3)
Upon verification of petitions, the Central Electoral Commission shall nullify
false signatures and signatures that were applied to several petitions.
(4)
In the event that, upon verification, the sumbitted number of signatures is
found insufficient or if in the result of invalid signatures being excluded
from the petition the overall number of signatures decreases under the minimum
threshold provided for in paragraph (2) of this Article, the independent
candidate shall not be registered and the decision to that effect shall be
conveyed to him/her within 24 hours of adoption.
[Paragraph
4 art.78 in the wording of the Law no.268-XIV of 04.02.99]
(5)
Submitting supplementary petitions after verification by the Central Electoral
Commission shall not be allowed.
Article 79. Special
Requirements for Candidate List Registration
At
least 51 registered candidates and at most the number of deputies in Parliament
provided for in the Constitution, plus two deputy candidates, shall be included
on a list.
Article 80.
Replacement of Candidates on Lists
(1)
Electoral contestants shall have the right to recall their candidacy, their
entire list of candidates or reverse their decision to include any particular
candidate on the list. Parties or socio-political organizations shall also have
the right to withdraw from an electoral bloc and withdraw their candidates from
the list at any time before the elections, but no later than five days prior to
election day.
[Paragraph
1 art.80 modified via the Law no.268-XIV of 04.02.99]
(2)
A decision to withdraw an entire list of candidates or an individual candidate
shall be adopted by the nominating person or organization, submitted to the
Central Electoral Commission and then made public.
(3)
Replacement of a candidate must be done before the expiration of the term of
candidate registration. The Central Electoral Commission shall make public the
decision to register the new candidate.
(4)
In the event a party and/or a socio-political organization withdraws from an
electoral bloc and at the same time withdraws its candidates after the
expiration of the term of registration, the list of the electoral bloc shall be
remade excluding the candidates of the respective party or socio-political
organization. The same procedure will be applied in the event of the withdrawal
of candidates from the lists by parties and/or socio-political organizations.
Article 81. Voter
Rolls
Voter
rolls for elections of deputies to Parliament shall be developed pursuant to
Chapter (5) Articles 39-40 of this Code, to be correspondingly applied.
Article 82. Electoral
Propaganda during Parliamentary Elections
Propaganda
during parliamentary elections shall be carried out pursuant to Chapter (7)
Articles 45-47 of this Code, to be correspondingly applied.
Article 83. Voting
Ballots
(1)
Voting ballots shall be developed pursuant to Chapter (8) Articles 48-49 of
this Code, to be correspondingly applied.
(2)
On the ballot-paper independent candidate shall be listed in a separate
rectangle where his/her first and last name shall be written, including the
specification "independent candidate."
Article 84. Voting
Voting
during the parliamentary elections shall be carried out pursuant to Chapter (9)
Articles 50-55 of this Code, to be correspondingly applied.
Article 85. Vote
Counting and Election Results Tabulation
Election
results are summed up pursuant to Chapter (10) Articles 56-60 of this Code, to
be correspondingly applied.
Article 86. Determination of the Threshold of
Representation
(1)
Upon receiving records of the voting results in all districts from all district
electoral councils, the Central Electoral Commission shall sum up the number of
valid votes cast for each party, other socio-political organization, and each
electoral bloc in order to establish whether or not they have passed the
minimal threshold of representation.
(2)
The minimal threshold of representation is as follows:
- for a party or socio-political
organisation - 4% of the valid votes in the country as a whole;
- for electoral blocs formed out
of two or more parties and/or other socio-political organisations - 9% of
the valid votes in the country as a whole;
(3) Parties, other socio-political
organizations and electoral blocs receiving less votes
than the percentage specified in paragraph (2) shall be excluded from the award
of mandates by a decision of the Central Electoral Commission.
[Article
86 modified via the Law no.894-XIV of 23.03.2000]
[Article
86 modified via the Law no.796-XV of 25.01.2002]
Article 87.
Calculation of the Number of Mandates Obtained by the Electoral Contestants
(1)
The distribution of parliamentary seats among the electoral contestants shall
be conducted by the Central Electoral Commission through a sequential division
of the number of valid votes cast for each electoral candidate, except for
independent candidates, by 1, 2, 3, 4..., etc. up to the figure that
corresponds to the number of seats in Parliament.
(2)
Of the results of all divisions and of the number of valid votes cast for
independent candidates, as many numbers shall be selected in declining order as
there are mandates to be distributed. Parties, other social-poltical
orgamnizations and electoral blocs shall receive as many mandates as they own
numbers in the declining range.
(3)
Independent candidates shall be considered elected if they receive at least
three percent of the valid votes cast in the election throughout the republic.
[Paragraph
3 art.87 included via the Law no.894-XIV of 23.03.2000]
[Paragraph 3
art.87 excluded via the Law no.268-XIV of 04.02.99]
Article 88. Award of
Mandates
(1)
The Central Electoral Commission shall award mandates to electoral contestants
in the order of their inclusion on the candidate lists, beginning with the
first candidate on the list.
(2)
If the last mandate to be awarded stands for more candidates with the same
number of votes cast, the Central Electoral Commission shall award the mandate
by lots, which fact shall be entered in a record.
(3)
In the event a party, other socio-political organization or an electoral bloc
is awarded a number of mandates higher than the number of candidates on the
list, the extra number selected in declining order of the relevant organization
shall be eliminated, and replaced by a number selected in declining order of the
other electoral contestants.
(4)
Individuals included on candidate lists who are not elected shall be declared
deputy candidates. A deputy candidate shall be declared elected by the Constitutional Court in the event that, for certain
reasons, a deputy mandate owned by a party, socio-polticial organization or
electoral bloc becomes vacant. The deputy candidate may refuse the deputy
mandate by submitting a statement to that effect to the Constitutional Court.
[Paragraph
4 art.88 in the wording of the Law no.1107-XIV of 30.06.2000]
Note: The phrase
"deputy candidates" introduced via modification of the Law no.480 of
02.07.99 is declared unconstitutional via resolution of the Constitutional Court no.1 of 11.01.2000
[Paragraph 4
art.88 in the wording of the Law no.480-XIV of 02.07.99]
(5)
In the event that, after the election is held and the mandates are awarded, the
electoral contestant who put forward a candidate list is found not to have
deputy candidates on it, the vacant mandates shall be attributed to the
electoral contestants following next in the declining order formed upon mandate
award.
[Paragraph
5 art.88 included via Law no.1107-XIV of 30.06.2000]
[Paragraph 5
art.88 excluded via Law no.480-XIV of 02.07.99]
(6)
In the event that the deputy mandate obtained by the independent candidate
becomes vacant, the Central Electoral Commission shall restore the declining
order excluding the number of the respective candidate and including the
following one.
Article 89.
Confirmation of Results and Mandate Validation by the Constitutional
Court
(1)
The Central Electoral Commission shall, within 48 hours of the election results
tabulation, submit to Constitutional Court the acts mentioned in Article 60
and the lists of elected deputies and deputy candidates.
[Paragraph
1 art.89 modified via Law no.1107-XIV of 30.06.2000]
Note: The phrase
"deputy candidates" introduced via modification of the Law no.480 of
02.07.99 is declared unconstitutional via resolution of the Constitutional Court no.1 of 11.01.2000
(2)
Within 10 days of the date of receiving documents from the Central Electoral
Commission, the Constitutional Court shall either confirm or not, through a
decision, the legality of the elections. Simultaneously, the Constitutional Court shall validate the mandates of the
elected deputies.
(3)
If the elections are declared valid, the Central Electoral Commission shall
issue deputy licenses to elected candidates.
Note: The
phrase "deputy candidates" introduced via modification of the Law
no.480 of 02.07.99 is declared unconstitutional via resolution of the Constitutional Court no.1 of 11.01.2000
[Art.89 modified
and completed via Law no.480-XIV of 02.07.99]
Article 90.
Validation of Election Results by the Central Electoral Commission
(1)
The protocol with respect to election results, along with the decision of the Constitutional Court validating elections and at least
two-thirds of the number of mandates, shall be submitted, within two days, to
Parliament. A copy of these documents shall be submitted to the Central
Electoral Commission.
(2)
The Central Electoral Commission shall cause the final election results to be
published within 24 hours of receiving them from the Constitutional Court.
Article 91. Invalid
Elections
Elections
under this Chapter shall be invalid if less than half of the voters included on
the voter rolls have participated.
Article 92. Null
Elections
Should
the Constitutional Court determine that during the voting
and vote counting the provisions of this Code were violated and affected the
voting results and awarding of mandates, the elections shall be declared null.
Article 93. Repeat
Elections
(1)
If elections are declared null and void, the Central Electoral Commission shall
within two weeks organize repeat elections of the same electoral candidates and
based on the same voter rolls and the same electoral councils and bureaus.
(2)
Electoral candidates who committed fraud shall be excluded from the voting
ballots, and electoral councils and bureaus which committed such frauds shall
be replaced.
(3)
The repeat election shall be considered valid if at least one-third of the
voters included on the voter rolls voted.
Article 94. New
Elections
(1)
In the event that the repeat elections are declared null or invalid, Central
Electoral Commission shall establish the date of new elections within 60 days
of the day last elections were declared null and invalid.
[Paragraph
1 art.94 modified via the Law no.894-XIV of 23.03.2000]
[Paragraph
1 art.94 modified via the Law no.796-XV of 25.01.2002]
(2)
Upon early elections, if even the repeat elections are declared void and null,
President of the Republic of Moldova shall establish by decree the date
of new elections observing the term indicated in Article 76 paragraph (3) of
this Code.
[Paragraph
2 art.94 included via the Law no.894-XIV of 23.03.2000]
(3)
New elections shall be conducted pursuant to this Code.
Title IV
Election of the President
of the Republic of Moldova
[Title
IV (Articles 95-117) is excluded via Law no.1227-XIV of 21.09.2000]
[Title IV
modified via Law no.1036-XIV of 09.06.2000]
[Title IV
modified via Law no.268-XIV of 04.02.99]
Local Elections
Article
118. Applicability of this Title
Provisions
of this Title (Articles 118-140) shall be applicable only to elections of
mayors and councilors in local councils.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Article 118
modified via Law no.796-XV of 25.01.2002]
Article 119. Local
Elections
(1)
Mayors of towns (municipalities), villages (communes) and councillors in
district, town (municipal) and village (commune) councils shall be elected by a
universal, equal, direct, secret and freely expressed vote, for a four year
term, which begins from the date of conducting local general elections.
(2)
The number of councilors shall be established by the Law on Local Public
Administration.
(3)
In special status administrative-territorial units, local elections shall be
conducted under provisions of this Code and acts adopted by the representative
authorities of the relevant administrative-territorial units.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
the Law no.796-XV of 25.01.2002]
Article 120. Electoral Districts and Precincts. District Electoral
Councils and Precinct Electoral Bureaus
(1)
For conducting elections of local councils and mayors, each district, special
status autonomous administrative territorial unit, town (municipality), village
(commune) shall constitute one electoral district. Town (municipality), village
(communal) electoral districts shall be formed by the district electoral
councils of the second level administrative-territorial units of the Republic
of Moldova at least 45 days prior to election day.
(2)
Town (municipality), village (communal) district electoral councils shall be
established by the second level administrative-territorial units' district
electoral councils of the Republic of Moldova at least 40 days prior to
election day. District electoral councils are formed and exercise their
responsibilities, pursuant to Articles 27 and 28 of this Code, to be
correspondingly applied. Upon new or partial elections, district electoral
councils shall be established by the Central Electoral Commission.
(3)
Electoral districts for the election of local councils and mayors shall be
divided into precincts for which electoral bureaus shall be set up. Precinct
electoral bureaus are formed and exercise their responsibilities, pursuant to
Articles 29 and 30, to be correspondingly applied.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
the Law no.796-XV of 25.01.2002]
[Modified via
Law no.268-XIV of 04.02.99]
Article 121. Special
Responsibilities of the Electoral Councils
In
localities where only one electoral precinct is formed for local elections,
district electoral council shall exercise the responsibilities of precinct
electoral bureau as well.
Article 122.
Determination of Election Day
(1)
The date of the general local or early elections shall be established by a
resolution of Parliament no later than 60 days before the election
day.
[Paragraph
1 art.122 modified via the Law no.796-XV of 25.01.2002]
(2)
The date of the repeat, new and partial elections shall be determined by the
Central Electoral Commission under this Code.
Article 123. Special
Limitations on Voting Right
(1)
The active-duty military shall not participate in local elections.
(2)
Voters who do not reside in the relevant administrative-territorial unit may
not participate in the elections of the local council and mayor.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Paragraph 2
art.123 added via the Law no.796-XV of 25.01.2002]
Article 124. Special
Qualifications for Being Elected
(1)
The right to be elected as councilors to local councils is granted to the
citizens of the Republic of Moldova who are eligible to vote, and have
reached 18 years of age by and including on election day.
(2)
The right to be elected mayor is granted to the citizens of the Republic of Moldova who are eligible to vote, and have
reached 25 years of age by and including on election day.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.268-XIV of 04.02.99]
Article 125.
Nomination, Submission of Candidacy and Registration of Candidates
Nomination,
submission of candidacy and registration of candidates shall be conducted
according to Chapter 6 (Articles 41-44), to be applied correspondingly.
Article 126. Special
Requirements for Nomination of Candidates by Parties, other Socio-political
Organisations and Electoral Blocs
(1)
Number of candidates for councilors in lists should contain at least 1/2 of the
number of mandates available for the respective electoral district and at most
two deputy candidates.
(2)
Parties, other socio-political organisations and electoral blocs may nominate
only one candidate for mayor per electoral district. One person may not run in
several electoral districts of the same level.
(3)
An individual may run for councilor position in councils of first level
administrative-territorial units of the Republic of Moldova, as well as in that of the second
level administrative-territorial unit. An individual may run for both mayor and
local councilor, but not in more than one electoral district of the same level.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.480-XIV of 02.07.99]
[Modified via
Law no.268-XIV of 04.02.99]
Article 127. Special
Requirements for Nomination of Independent Candidates
Citizens
of the Republic of Moldova may propose themselves as independent candidates for
election of local council, provided they are supported by two percent of the
district voters, divided by the number of councilor positions available to be
filled through the election, but not less than 50 persons, and for mayor if
they are supported by five percent of the district voters, but not less than
150 voters and not more than 10,000 voters.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
the Law no.796-XV of 25.01.2002]
Article 128. Voter
rolls
Voter
rolls for local elections shall be developed pursuant to Chapter 5 (Articles
39-40), to be applied correspondingly.
Article 129. Electoral
Campaign
Electoral
campaign shall be carried on during local elections pursuant to Chapter 7 of
(Articles 45-47), to be applied correspondingly.
Article 130.
Ballot-Papers
For
election to councils of districts, towns (municipalities), villages (communes),
and mayors of towns (municipalities), villages (communes) separate ballots
shall be developed pursuant to Chapter 8 of (Articles 48-49), to be applied
correspondingly.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Article 130
modified via the Law no.796-XV of 25.01.2002]
Article 131. Voting
Voting
in local elections shall be conducted pursuant to Chapter 9 (Articles 50-55),
to be applied correspondingly.
Article 132. Summing
up the Votes and Tabulation of Election Results
(1)
Votes shall be counted and local elections results shall be tabulated pursuant
to Chapter 10 (Articles 56-62), to be applied correspondingly.
(2)
Number of votes cast for each candidate running for mayor and councilor
positions; name and surname of the elected mayors and councilors; name of
party, other socio-political organisation, or electoral bloc which nominated
them; and/or specification "independent candidate", shall be entered
into the protocol.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
the Law no.796-XV of 25.01.2002]
Article 133. Award of
Council Mandates
(1)
The mandate of councilor for district, town (municipality) or village (commune)
councils shall be awarded by the relevant district electoral councils.
(2)
Seats in council shall be distributed among parties, other socio-political
organisations and electoral blocs through sequential division of the number of
valid votes cast for each party, other socio-political organisation or
electoral bloc by 1,2,3,4... etc., up to the figure that corresponds to the
number of seats established for the respective electoral district.
(3)
From the results of all the divisions and the number of valid votes cast for
independent candidates they shall select in declining order as many numbers as
there are mandates to be distributed in the electoral district. The quantity of
numbers chosen in declining order at the disposal of party, other
socio-political organisation, or electoral bloc shall correspond to the number of
seats due to them.
(4)
An independent candidate shall be considered elected provided number of votes
cast for him/her frames into the numbers selected in declining order.
(5)
Council seats shall be distributed to candidates running for council in the order
of their registration on the lists, beginning with the list which received the
most votes.
(6)
If there is more than one candidate with the same number of votes for the last
non-distributed seat, district electoral council shall award the mandate by lots,
fact that shall be entered in a record.
(7)
If a party, other socio-political organisation or electoral bloc is awarded a
number of mandates higher than the number of candidates on its list, the extra
number selected in declining order of the relevant organisation shall be
eliminated and replaced by a number selected in declining order of the other
electoral contestants.
(8)
If only independent candidates run for councils, district electoral council
shall draw up a list with the number of votes cast for them in declining order
and award every candidate one mandate until the mandates are exhausted.
(9)
Candidates included in the lists but who are not elected shall be declared
deputy candidates. In the event a council mandate belonging to a party, other
socio-political organisation, or electoral bloc becomes vacant before the end
of term, it will be awarded to one of the deputy candidates of the respective
party, in the order of their entry in the list.
(10)
In the event that the mandate awarded to an independent candidate becomes
vacant, the vacancy shall be completed by restoring the declining order,
excluding number belonging to the respective candidate and including the number
following in the range.
(11)
If only independent candidates are included on the ballot papers, in the event
of a vacant mandate, the deputy candidate is awarded the mandate under par.
(10).
(12)
Mandates to deputy candidates shall be awarded by the Central Electoral
Commission, pursuant to this Article and based on the documents stored by CEC.
[Modified
via Law no.842-XV of 14.02.2002]
Article 134. Election
of the Mayor
(1)
Candidates running for mayor shall be considered elected provided that they are
cast more than half of the valid votes cast by all the voters who attended
voting.
(2)
If neither candidate running for the mayor gathered more than half of the valid
votes cast, in two weeks a second-round election shall be conducted between the
two candidates who gathered the greatest number of votes. If more contestants
in the first round obtained an equal number of votes, district electoral
council shall select by lots who shall run in the second round and conclude a
protocol thereupon, which fact shall be entered into a record.
(3)
In the second-round election the candidate who gains the greatest number of
votes shall be considered elected, regardless of the number of voters who took
part in the election. Upon tie vote the candidate who was cast the highest
number of votes in the first round shall be considered elected.
[Article
134 introduced via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Article 134
excluded via Law no.796-XV of 25.01.2002]
[Paragraph (3)
art.134 completed via Law no.268-XIV of 04.02.99]
Article 135.
Confirmation of Legality of the Elections and Validation of the Elected
Candidates
(1)
District electoral councils of the first level administrative-territorial units
submit protocols regarding the results of the elections to the relevant
district or municipality courts, whereas those of the second level
administrative-territorial units to the courts where the electoral councils of
the second level administrative-territorial units are based. Chisinau
municipality district electoral council shall submit the relevant acts to the
district court where the Chisinau municipality district electoral council is
situated.
(2)
The courts, within 10 days of receiving the district electoral councils'
reports, shall either confirm or not the legality of the elections in every
district by a decision which they, within 24 hours of adoption, shall submit to
the Central Electoral Commission and the respective district electoral
councils, which will publish the final results.
(3)
At the same time the courts shall validate the mandates of elected councillors
and mayors and mention this in the decision. Individuals elected to several
positions, which are defined in Article 7 of the Law on the Status of Local
Elected Officers, shall submit to court their approval to be validated on of
those positions. Courts shall also confirm the list of deputy candidates.
(4)
The council shall be considered legally constituted when mandates of at least
2/3 of the total number of councilors are validated.
(5)
The district electoral council shall issue to the elected councilors and mayors
licensees according to the design approved by the Central Electoral Commission.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.403-XIV of 14.05.99]
Article 136. Invalid Elections
The
election shall be considered invalid in certain districts if less than 1/3 of
the number of voters included on voter rolls have
participated in the election. The decision to declare the election invalid
shall be adopted by the Central Election Commission based on the decisions and
documents received from the district electoral councils.
Article 137. Null
Elections
The
election shall be declared null if serious violations of this Code have been
committed during the electoral operations affecting the results of voting and
the award of mandates. The decision regarding the declaration of elections null
shall be adopted by the CEC based on the decisions by the respective courts.
Article 138. Repeat
Elections
(1)
If in certain districts or precincts, elections have been declared null or
invalid, the Central Electoral Commission within two weeks shall organize
repeat elections with the same candidates and electoral councils and bureaus
and using the same voter rolls.
[Paragraph
1 art.138 modified via the Law no.796-XV of 25.01.2002]
(2)
Electoral contestants found guilty of fraud shall not participate in the repeat
election and shall be excluded (deleted) from the voting ballots. The electoral
councils and bureaus, which committed such frauds shall
be replaced.
(3)
Repeat voting shall be considered valid provided no less than 1/3 of the voters
included on the voter rolls vote in the relevant electoral district.
[Paragraph
3 art.138 introduced via the Law no.268-XIV of 04.02.99]
Article 139. New
Elections
(1)
New elections shall be declared if:
- the local council has resigned,
has been dissolved, or has become less than 1/3 in the number established
by the Law on Local Public Administration;
- the mayor has resigned, was
revoked or is not able to exercise his/her mandate any longer;
- after the repeat election the
council and/or mayor has not been elected;
- if local elections were not
held in certain localities;
- if upon
administrative-territorial reorganisation, local public administration
bodies (councils, mayors) have to be elected in the newly established
administrative-territorial units.
(2) The new elections date shall be determined
by the Central Electoral Commission no later than 60 days before the day of
election.
(3)
The new elections shall be conducted in compliance with the provisions of this
Code.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.778-XIV of 03.02.2000]
Article 140. Partial
Elections
(1)
The Central Electoral Commission within two weeks shall determine partial
elections in one or several districts if after the elections the established number of councilors have not been elected.
(2)
Partial elections for the vacant mandates shall be conducted pursuant to the
provisions of the Titles I, II and V.
(3)
The partial elections shall be determined by the resolution of the Central
Electoral Commission no later than 60 days before the election
day.
Article
141. Applicability of this Chapter
The
provisions of this Title (Articles 141 - 202) shall be applicable only to the
organization and conduct of republican and local referenda.
Chapter 13. Republican Referendum
Article 142.
Republican Referendum
(1)
Republican referenda are held in view of fulfillment of the power of the people
and of citizen right to participate directly in the administration of public
affairs.
(2)
The vote in the referendum is universal, equal, secret and freely expressed,
pursuant to the Constitution and this Code.
[Paragraph.3
art.142 abrogated via the Law no.268-XIV of 04.02.99,]
[the rest of the paragraphs are renumbered]
[Paragraph 3
art.142 was declared unconstitutional via resolution of the Constitutional Court no 15 of 27.05.98]
(3)
The decisions adopted based on republican referenda have supreme juridical
power upon their confirmation by the Constitutional Court, and have binding effect everywhere
on the territory of the Republic of Moldova.
[Paragraph
3 art.142 in the wording of the Law no.268-XIV of 04.02.99]
[The phrase
"do not need confirmation" from art.142 paragraph(4)
was declared unconstitutional via the resolution of the Constitutional Court no 15 of 27.05.98]
Article 143. Types of
Republican Referenda
(1)
Upon the type of question subject to referenda, republican referenda may be
constitutional, legislative and consultative.
[Paragraph
1 art.143 modified via the Law no.1107-XIV of 30.06.2000]
[Paragraph
1 art.143 modified via the Law no.796-XV of 25.01.2002]
(2)
Constitutional referenda consider issues related to Constitution revision.
[Paragraph
2 art.143 modified via the Law no.796-XV of 25.01.2002]
(3)
Legislative referenda consider draft laws or some of the
their provisions of major importance.
[Paragraph
2 art.143 in the wording of the Law no.1107-XIV of 30.06.2000]
[Paragraph 3 art.143 excluded based on the Law no.1107-XIV of
30.06.2000]
[Paragraphs to
follow are renumbered]
[Paragraph
3 art.143 added via the Law no.796-XV of 25.01.2002]
(4)
Consultative referenda consider issues of national interest, in order to
consult public opinion on such issues and for further adoption of relevant
final decisions by competent public bodies.
Article 144.
Initiating Republican Referendum
(1)
A republican referendum may be initiated by:
- at least 200,000 citizens of the Republic of Moldova eligible to vote. In case of
constitutional referendum, provisions of Article 141 letter a) paragraph
(1) of the Constitution shall be applied;
[Letter
a) paragraph 1 art.144 modified via the Law no.1107-XIV of 30.06.2000]
[Let.a)
modified via the Law no.268-XIV of 04.02.99]
- no less than 1/3 of the members
of Parliament;
- President of the Republic of Moldova;
- Government.
(2) Those mentioned in paragraph (1) may
initiate any type of referendum provided in Article 143.
(3)
If the referendum is initiated by those mentioned in paragraph (1) letter a),
petitions shall be attached to the proposal on initiating the referendum.
(4)
The proposal on initiating the referendum shall include problems subject to
referendum stated clearly, avoiding misinterpretation as well as the aim of
conducting the referendum and the date. Issues running counter to each other
shall not be subject to referendum.
[Paragraph
4 art.144 completed via the Law no.268-XIV of 04.02.99]
Article 145. Restrictions
Imposed on Conducting Republican Referendum
(1)
A republican referendum may not be held in territories under a state of war or
emergency, nor within 120 days after the respective state is suspended or
terminated. If the referendum was already established prior to the first day of
the state of war or emergency being declared, then the referendum shall be
countermanded or postponed, pursuant to the terms of determining referenda
provided for by this Code. The decision to postpone or countermand a referendum
shall be adopted by the body which issued the decision to hold the republican
referendum.
(2)
A republican referendum cannot take place in a period within 120 days before or
after the day of parliamentary, or local elections or
the day of another referendum, as well as on the day of their conduct.
[Paragraph
2 art.145 modified via the Law no.1227-XIV of 21.09.2000]
[Paragraph 2
art.145 completed via the Law no.480-XIV of 02.07.99]
Article 146. Issues
which May be Proposed for Republican Referendum
(1)
The following may be questions for republican referendum:
- adoption of the Constitution of
the Republic of Moldova;
- approval of constitutional laws
adopted by the Parliament revising provisions regarding the sovereignty,
independence and unity of the state, as well as issues related to the
permanent neutrality of the state;
- other issues of national interest.
[Paragraph 1 art.143 modified via the Law no.1227-XIV of 21.09.2000]
[Paragraph 1
art.146 modified via the Law no.1107-XIV of 30.06.2000]
(2)
It is binding to organise and hold referenda on the issues indicated in letter
b) paragraph (1).
[Paragraph
(2) art. 146 introduced via the Law no.1107-XIV of 30.06.2000]
Article 147. Issues
Which May not Be Subject to Republican Referendum
The
following may not be questions for Republican referendum:
- issues related to the state
budget, taxes;
- issues regarding amnesty or
pardon;
- extraordinary or emergency
measures for establishing public order, health or security;
- electing, appointing or
dismissing persons for/on/from positions which is the competence of
Parliament, Government or President of the Republic of Moldova;
- issues which are the competence of
judicial and prosecution bodies may not be proposed for referendum either.
[Article 147 modified via the Law no.796-XV of 25.01.2002]
[Article
148 excluded by Law no.1107-XIV of 30.06.2000]
Article 148.
Initiating Referenda for Constitution Revision
(1)
Referenda for constitution revision are initiated in compliance with Article
141 of the Constitution.
(2)
The proposal on conducting a referenda for
Constitution revision is submitted to the Constitutional Court, which is obliged within 10 days to
review the constitutionality of the issues to be subject to referenda and to
present a notification.
(3)
After Constitutional Court reviews the constitutionality of
the issues to be subject to referenda, the proposal on
conducting a referendum together with the notification of the Constitutional
Court are submitted for the Parliament examination.
(4)
Constitution revision may not be question for referendum if it will result in
violation of fundamental human rights and freedoms.
(5)
If both Parliament and citizens simultaneously initiate the revision of the
same Constitution provisions, the examination of the said provisions in
Parliament shall cease.
[Article
148 introduced via the Law no.796-XV of 25.01.2002]
[Article
149 excluded by Law no.1227-XIV of 21.09.2000]
Article 150.
Resolution or Decree on Establishing of Republican Referenda
(1)
Within six months of receiving proposals on initiating a referendum, Parliament
shall adopt one of the following resolutions:
- regarding establishing of the
referendum within at least 60 days of adopting the resolution;
- regarding the refusal to
conduct the proposed referendum, in case the latter is initiated by
deputies;
[Letter
b) modified via the Law no. 1107-XIV of 30.06.2000]
[The phrase
"or by citizens" from Article 150 paragraph (1) letter b) was
declared unconstitutional based on the Resolution of the Constitutional
Court no. 15 of 11.04.2000]
[Letter
b) modified via the Law no.796-XV of 25.01.2002]
- regarding solving issues proposed for referendum without
further conducting it.
[Letter c) completed via the Law no.
1107-XIV of 30.06.2000]
[Letter c)
modified via the Law no.796-XV of 25.01.2002]
[Paragraph (2) art. 150 excluded based on the Law no. 1107-XIV of
30.06.2000]
[Paragraphs to
follow renumbered]
[Paragraph (2)
art. 150 was declared unconstitutional based on the Resolution of the
Constitutional Court no. 15 of 11.04.2000]
(2)
In the resolution or the decree regarding the conduct of the republican
referendum shall be specified the determined date of referendum, name of the
law or resolution to be adopted, and questions proposed for referendum.
[Art.150
modified and completed via the Law no.480-XIV of 02.07.99]
[Paragraph 3
art.150 abrogated via the Law no.268-XIV of 04.02.99]
Article 151.
Determining the Referendum
(1)
The date of republican referendum shall be determined by Parliament, through
resolution, if the initiative to conduct the referendum belongs to citizens or
members of Parliament; by the President of the Republic of Moldova, if the initiative to hold the
referendum belongs to him/her, and in such a case shall be a consultative one.
[Paragraph
1 art.151 completed via the Law no.480-XIV of 02.07.99]
(2)
The referendum shall be determined for no later than 60 days before the date of
the referendum.
Article 152.
Initiation of Referendum by Citizens
(1)
Citizens shall establish a citizen initiative group to initiate a republican
referendum. An initiative group is established at citizen meetings attended by
at least 300 citizens eligible to vote. No later than 10 days before the
meeting, the initiators shall notify the local government of the locality in
written form where the meeting shall be held, time, place, and objective of
that meeting.
(2)
Before the meeting, the participants shall be registered and their last and
first names and addresses shall be entered on a list.
(3)
A chairperson and a secretary of the meeting shall be elected. During the
meeting, the opportunity to hold the referendum shall be discussed and the
questions to be proposed for referendum shall be determined.
(4)
In the event that the majority of participants in the meeting vote for the
referendum, an initiative group shall be established to organise the collection
of signatures. The group shall be constituted of at least 100 citizens eligible
to vote. The group shall elect from among its members the executive bureau including
a chairperson, a vice-chairperson and a secretary who will represent the group
and organise its activity.
(5)
A protocol of the meeting shall be prepared containing the results of the vote
on the issues included in the agenda. The documents of the meeting - list of
participants, protocol, clearly and correctly determined questions proposed for
referendum, and list of the citizen initiative group members including their
identity data, shall be signed by the chairperson and secretary of the meeting.
Article 153.
Registration of Citizen Initiative Groups
(1)
The citizen initiative group for holding the referendum shall be registered
with the Central Electoral Commission. For registration,
the group shall submit to the council:
- documents of the citizen
meeting which elected the initiative group, confirmed by the mayor of the
locality where the meeting took place;
- consent of the members of the
initiative group to collect signatures in support of the referendum;
- application for registration.
[Paragraph 1 art.153 modified via the Law no.268-XIV of 04.02.99]
(2)
The Central Electoral Commission within 15 days of receiving the documents
mentioned in paragraph (1) of this Article shall adopt a resolution regarding
either the registration of the initiative group or the refusal to register the
group. The resolution regarding the registration of the initiative group shall
provide the terms for signature collection, which may be no shorter than two
months and no longer than three months.
(3)
Upon registration, members of the initiative group shall be issued certificates
according to the design established by the Central Electoral Commission.
(4)
The data regarding the registration of the initiative group and the questions
to be put up for referendum shall be made public through mass media.
Article 154. Signature
Collection
(1)
From the registration day, members of the initiative group are entitled to
freely collect signatures for holding the referendum (hereinafter referred to
as petitions).
(2)
Signatures shall be collected according to Article 42 hereof, to be
correspondingly applied.
Article 155. Special
Requirements for Petitions
Prior
to collecting the signatures, the question (questions) proposed for referendum
shall be written on each sheet of the petition. Collection of signatures on
petitions without the text of questions being written on them is prohibited.
Article 156.
Responsibility for Accuracy of Petitions
(1)
The individual who gathers voters' signatures must sign every sheet of the
petition and make a note to the effect that the collector personally collected
the signatures and confirmed the identity of the persons whose names appear on
that sheet by verifying their ID. Each petition shall be certified by the
relevant local public administration bodies.
(2)
Members of the initiative group must warn the persons that they can sign only
one petition.
(3)
Petitions that have data entered before the initiative group was registered or
petitions which have not been signed by the signature collector, or have not
been certified by the stamp of the local public administration bodies, shall be
considered null and void.
Article 157.
Submission and Review of Petitions
(1)
No later than on the last day of the signature collection term, the initiative
group shall develop a protocol indicating the number of collected signatures,
the date when initiative group was registered, and the date when the collection
of signatures was concluded. The protocol signed by the members of the
initiative group together with the petitions shall be submitted to the Central
Electoral Commission.
(2)
Within 15 days of petitions submission, Central Electoral Commission shall
check authenticity of the signatures (all or at random) on the submitted lists.
Signatures by persons who have signed twice or more times the petitions shall
be excluded. Petitions found in breach of Article 156, par. (1) thereof shall be annulled. Upon verification of petitions,
CEC shall develop a protocol and adopt a resolution regarding holding the referendum.
(3)
In the event that the required number of signatures was not submitted, the CEC
shall adopt a resolution refusing to hold the referendum and suspending the
registration of the citizen initiative group.
(4)
Protocol on the verification of petitions, verified petitions, and CEC'
resolution regarding the initiation of the referendum shall be submitted to the
Permanent Bureau of Parliament within three days.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
Article 158. Electoral
Districts, Precincts, Electoral Councils and Bureaus
(1)
For administration of the republican referendum, CEC shall form administrative
electoral districts, which shall correspond to the second level
administrative-territorial units of the Republic of Moldova, and district
electoral councils pursuant to the provisions of the Article 27 hereof, to be
correspondingly applied.
[Paragraph
1 art.158 modified via the Law no.268-XIV of 04.02.99]
[Paragraph
1 art.158 modified via the Law no.796-XV of 25.01.2002]
(2)
The responsibilities of the district electoral councils shall be those provided
in Article 28 of this Code, to be correspondingly applied.
(3)
Electoral district shall be divided into precincts, pursuant to Article 29 of
this Code, to be correspondingly applied. A precinct electoral bureau shall be
formed for each precinct and exercise its responsibilities, pursuant to Article
29 and 30 of this Code, to be correspondingly applied.
(4)
Authority of district councils and precinct bureaus shall expire upon the
confirmation of republican referendum results by the Constitutional Court.
(5)
Where the electoral district stands for only one locality and only one
precinct, no precinct bureau shall be established, its responsibilities shall
be exercised by the district electoral council.
[Art.159
excluded via the Law no.480-XIV of 02.07.99]
Article 160. Granting
Support, Organizing Activity, Changing Membership and Disbanding Electoral
Councils and Bureaus for Referendum
Granting
support, organizing activity, changing membership and dismissing councils and
bureaus for referendum shall be conducted pursuant to Articles 31-34 of this
Code, to be correspondingly applied.
Article 161. Lists of
Citizens Eligible to Participate in Referenda
The
lists of citizens eligible to participate in the republican referenda (voter
rolls) shall be developed in compliance with Chapter 5 (Articles 39-40) hereof,
to be correspondingly applied.
Article 162. Ballot
Papers
(1)
Ballot papers shall contain the text of the question or the draft law proposed
for republican referendum. To the right of the question or draft law two
rectangles with the words "for" and "against" shall be
placed on the horizontal, and under them two circles shall be placed.
[Paragraph
1 art.162 in the wording of the Law no.480-XIV of 02.07.99]
(2)
In case the referendum proposal contains more than one separate question, each
question shall be printed on a different ballot-paper. In case several
referenda are held at the same time, the ballot-papers shall be of different
color.
[Paragraph
2 art.162 modified via the Law no.480-XIV of 02.07.99]
(3)
Ballot papers shall be developed in accordance with the Law on languages spoken
in the Republic of Moldova.
(4)
Ballots shall be printed in a quantity that does not exceed the number of
voters in the district.
[Paragraph
4 art.162 modified via the Law no.796-XV of 25.01.2002]
(5)
Ballots with the same question shall be printed in the same format, with the
same font, on paper of the same color and density.
(6)
The design and text of ballots and the model of protocols of electoral councils
and bureaus for the republican referendum shall be approved by the Central
Electoral Commission.
[Paragraph
6 art.162 modified via the Law no.268-XIV of 04.02.99]
(7)
Ballots shall be distributed to district electoral councils three days prior to
the republican referendum and to the precinct electoral bureaus one day prior
to the referendum.
[Paragraph
7 art.162 modified via the Law no.796-XV of 25.01.2002]
Article 163. Agitation
for Referendum
Debates
on the questions proposed for referendum shall be conducted pursuant to Article
47 of this Code, to be correspondingly applied.
Article 164. Voting
(1)
Voting in the republican referendum shall be performed pursuant to Chapter 9
(Articles 50-55) of this Code, to be correspondingly applied.
(2)
Voters shall fill out the ballots by applying the "Voted" stamp
inside one of the two circles under the rectangles with the words
"for" or "against", thus expressing their will.
[Paragraph
2 art.164 in the wording of the Law no.480-XIV of 02.07.99]
[Paragraph
2 art. 164 modified via the Law no.796-XV of 25.01.2002]
Article 165.
Monitoring Republican Referendum and its Mass Media Coverage
Observation
and coverage of the organization and holding the referendum shall be conducted,
pursuant to Chapter 11 (Articles 63-64) of this Code, to be correspondingly
applied.
Article 166. Counting
the Votes and Summing up Referendum Results
(1)
The results of the republican referendum shall be summed up under Chapter 10
(Articles 56-60) of this Code, to be correspondingly applied.
(2)
The number of votes cast for " for " and
"against " shall be entered into record on summing up the referendum
results.
[Paragraph
2 art.166 modified via Law no.480-XIV of 02.07.99]
(3)
The results of the referendum shall be examined by CEC, which shall adopt a
resolution on this.
Article 167.
Validation of Republican Referendum Results
(1)
The CEC resolution and the protocol regarding the results of the referendum shall
be submitted to the Constitutional Court.
(2)
The Constitutional Court within 10 days shall examine the
documents received from the CEC and shall either confirm or contest the results
of the republican referendum.
Article 168. Adoption,
Publication and Enactment of Referendum Proposal
(1)
A republican referendum proposal shall be considered adopted if it gains the
majority of voters who participated in the referendum. In the event that the
draft of a constitutional law is proposed for referendum, it shall be
considered adopted if it obtains at least half of the voter's votes entered on
voter rolls.
[Paragraph
(1) art. 168 modified via Law no.1107-XIV of 30.06.2000]
(2)
The adopted referendum proposal shall be published in a special issue of the Official
Monitor of the Republic of Moldova. Date of adoption is considered the
day upon which the referendum was conducted. The proposal shall come into
effect upon its publishing in the Official Monitor or on the date specified in
its text.
Article 169. Repeal
and Amendment of Resolution Adopted during Republican Referendum
A
referendum proposal may be repealed or amended through republican referendum,
or through the procedures provided for the repeal of the Constitution.
[Article
169 modified via the Law no.1227-XIV of 21.09.2000]
Article 170. Documents
of Republican Referendum
Referendum
documents shall be stored pursuant to Article 62 of this Code to be
correspondingly applied.
Article 171. Invalid
Republican Referendum
The
CEC shall declare a referendum invalid if less than 3/5 of the voters included
on voter rolls participated in the referendum.
[Art.171
modified via the Law no.480-XIV of 02.07.99]
Article 172. Null
Referendum
The
Constitutional Court shall declare a referendum null throughout the republic or in certain
administrative-territorial units, if serious violations of this Code occurred
during the voting and vote counting and affected the results of the referendum.
Article 173. Repeat
Republican Referendum
(1)
In the event that the referendum is declared null, the CEC within one month
shall organise a repeat referendum, throughout the republic or in certain
administrative-territorial units.
(2)
The electoral councils and bureaus guilty of fraud shall be replaced.
(3)
The repeat republican referendum shall be organized and conducted under this
Title and Code.
Article 174. New
Referendum
A
republican referendum for the same proposal may be held in at least two years
after the day of the previous referendum.
Chapter 14. Local Referendum
Article 175. Local
Referendum
Local
referendum is the vote of the people on issues of special interest for the
village (commune), town (municipality), district, special
status administrative-territorial unit. Mayors of villages (communes) and towns
(municipalities) are revoked through local referendum.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
Article 176.
Restrictions on Holding Local Referendum
(1)
A local referendum may not be held in territories under a state of war,
occupation or emergency. If the referendum date is established for the day, on
which later the state of war, occupation or emergency is declared, then the
referendum shall be countermanded or postponed, pursuant to the terms of
determining referenda provided for by this Code.
(2)
Local referendum may not be conducted 120 days prior or after the day of
conducting any type of elections or referendum in the same territory, unless
conducted on the same day.
(3)
The decision to postpone local referendum shall be adopted by the Central
Electoral Commission at the recommendation of the local council or the
representative authority of the special status administrative-territorial unit,
which issued the decision to hold the referendum.
(4)
Local referendums on revoking mayors may be initiated one year after the
respective mayor has been in office or after the last referendum to revoke
his/her mandate was held. Referendums to revoke mayors may not be initiated six
months before the termination of their mandate.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
Article 177. Issues
that May be Proposed for Local Referendum
(1)
Issues that are of special importance for the respective locality and that fall
in the competence of local public administration bodies may be proposed for
local referendum.
(2)
A referendum to revoke a mayor may be initiated when a mayor does not act in
the interests of the local community, does not exercise his/her powers of local
elected officer adequately and in accordance with current laws or breaches
moral and ethical norms, which facts need to be confirmed in the established
manner.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
Article 178. Issues
which May not be Proposed for Local Referendum
The
following issues may not be proposed for referendum:
- taxes and budget;
- extraordinary or emergency
measures for establishing public order, health or security;
- electing, appointing or
dismissing persons for/on/from positions which are the competence of
Parliament, Government or President of the Republic of Moldova;
- the revocation of a mayor
through a final decision of the court;
- issues in the competence of
Court and Prosecutor's office;
- modifying administrative-territorial
subordination of localities, except for the cases provided in the Law on
Special Legal Status of Gagauzia (Gagauz-Yeri).
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Completed via
Law no.268-XIV of 04.02.99]
[Completed via
Law no.480-XIV of 02.07.99]
Article 179.
Determining the Date of Local Referendum
The
date of local referendum is determined by the Central Electoral Commission at
the recommendation of village (commune), town (municipality), or rayonal
council or representative bodies of special status administrative-territorial
units.
[Article
179 modified via the Law no.796-XV of 25.01.2002]
Article 180.
Initiating Local Referendum
A
local referendum may be initiated by:
- half of the elected councilors;
- mayor of the village (commune),
town (municipality), except where a referendum to revoke the mayor is
being initiated;
- representative bodies of
special status administrative-territorial units;
- 10% of the citizens eligible to
vote, residents of the respective administrative-territorial unit.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
Article 181.
Registration of Citizen Initiative Group
(1)
In the event that the initiative to hold a referendum comes from citizens, a
citizen initiative group shall be established, including no less than 20
citizens eligible to vote and residing in the respective
administrative-territorial unit. At least 30 citizens should participate at the
founding meeting of the initiative group. At least three days before the
meeting, the initiators shall communicate to the mayor in written form the
time, place and aim of the meeting.
(2)
A citizen initiative group is registered by the local public administration
bodies, within five days of the date of submitting the application, the
protocol of establishment, and the questions proposed for the referendum. Where
a referendum on revoking the mayor is being initiated, the initiative group is
to be registered by the district or municipal court where the respective
locality is situated.
(3)
In the decision of registration the term for signature collection, no less than
30 days and no more than 60 days, as well as the questions subject to the
referendum shall be stated.
(4)
Upon registration of the citizen initiative group, its members shall be issued
certificates according to a design established by the Central Electoral
Commission.
(5)
The information regarding the registration of the citizen initiative group
shall be published in the local press.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
[Modified via
Law no.1217-XIV of 31.07.2000]
Article 182.
Collecting Signatures
(1)
Members of the citizen initiative group registered in keeping with Article 181
shall have the right to collect signatures for holding local referendum.
(2)
Signatures shall be collected according to Article 42 of this Code, to be
correspondingly applied.
(3)
For holding a local referendum, at least 10% of voters signatures entitled to
vote and residing in the relevant administrative-territorial unit are
necessary.
Article 183. Special
Requirements for Petitions
The
question (questions) proposed for referendum shall be written on each sheet of
the petition. Collection of signatures on petitions without the text of
questions being written on them is prohibited.
Article 184. Responsibility
for Accuracy of Petitions
(1)
The person collecting the signatures shall sign each sheet of the petitions.
Above the signature collector's signature at the end of each sheet of names
shall appear an attestation to the effect that the collector personally
collected the signatures and verified the identity of the persons whose names
appear on that sheet, based on their ID. Each petition shall be authenticated
by applying the stamp of the local authorities.
(2)
Persons collecting signatures on the petitions shall bear responsibility for
the authenticity of the data on the petitions, and shall avert the person who
signs that he/she may sign only one petition list.
(3)
Petitions on which data have been entered before the initiative group was
registered or petitions which have not been signed by the signature collector,
or have not been certified by the stamp of the local public administration
bodies, shall be considered null and void.
Article 185.
Submission and Review of Petitions
(1)
Petitions shall be submitted, after authentication, to the local council or to
the representative bodies of the special status administrative-territorial
units. Where a referendum to revoke the mayor is being initiated, petitions are
submitted to the district or municipal court where the respective locality is
situated.
(2)
Petitions submitted by citizen initiative group shall be reviewed within 15
days. Signatures by persons who have signed the petitions twice or more times, shall be excluded. If upon the review it is found out
that the required number of signatures has not been collected, then the
procedure shall be suspended and the registration of the citizen initiative
group shall be cancelled.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.1217-XIV of 31.07.2000]
[Modified via
Law no.796-XV of 25.01.2002]
Article 186. Adoption
and Publication of the Decision Regarding The Conduct
of Local Referendum
(1)
Within 15 days after submitting the petitions or the adoption of the decision
of the local council, of the executive body of the administrative-territorial
unit or of the mayor, the respective local council or the representative bodies
of special status administrative-territorial unit shall either approve or
reject the proposal to hold the local referendum.
(2)
The decision on conducting the referendum shall contain:
- proposal on the date of the
referendum, no sooner than one month and no latter than 45 days of the day
the decision was adopted;
- questions proposed for referendum;
- the reasons for revoking the
mayor, where a referendum to that effect is proposed.
(3)
Language of the questions subject to referendum shall be clear so that a double
interpretation is not possible. Conflicting issues may not be proposed for the
same referendum.
(4)
The decision to conduct local referendum shall be made public within three days
of the day of adoption.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
Article 187. Electoral
Districts and Precincts
(1)
For conducting local referendum, the following electoral districts (according
to the case) shall be established: villages (communes), towns (municipalities),
district, or special status administrative-territorial units.
(2)
Electoral districts shall be established by the Central Electoral Commission at
the recommendation of local public administration bodies, at least 30 days
prior to local referendum.
(3)
Precincts shall be formed by the relevant district electoral councils at least
20 days prior to local referendum.
(4)
Precincts shall be formed pursuant to administrative-territorial principles, by
dividing localities into precincts including at least 30 and at most 3,000
voters. Precincts shall be numbered.
(5)
Where the electoral district includes only one locality and only one precinct
has been established, the district electoral council shall exercise the
responsibilities of the precinct electoral bureau.
[Modified
via Law no.842-XV of 14.02.2002]
Article 188.
Establishment of Electoral Councils and Bureaus for Local Referendum
(1)
District councils for referendum shall be formed by the Central Electoral
Commission, at the recommendation of local councils or representative bodies of
special status administrative-territorial units, including 5-11 members, no
later than 25 days prior to the date of local referendum.
[Paragraph
1 art.188 modified via the Law no.796-XV of 25.01.2002]
(2)
Precinct bureaus established for the local referendum shall be formed by
district electoral councils established for the local referendum, at the
recommendation of local public administration bodies, including 5-11 members,
no later than 20 days prior to the date of local referendum.
[Paragraph
2 art.188 modified via the Law no.796-XV of 25.01.2002]
(3)
Chairpersons of rayon electoral councils, Chisinau municipality electoral
council and special status administrative-territorial units' electoral councils
established for the conduct of local referendum shall be elected by the
relevant councils.
[Paragraph
3 art.188 modified via the Law no.796-XV of 25.01.2002]
(4)
Electoral councils and bureaus formed to conduct the referendum may not include
councilors of local councils, members of the initiative group, members of
parties or other socio-political organizations running in elections.
[Paragraph
4 art.188 modified via the Law no.796-XV of 25.01.2002]
(5)
During the first session of the second level administrative-territorial unit
district electoral council established for the conduct of local referendum, the
deputy-chairperson and the secretary of the council shall be elected by a vote
of the majority of its members, whereas at the first session of the village
(communal), city (municipal) electoral council and precinct electoral bureau
the chairperson, deputy-chairperson, and the secretary of the bureau shall be
elected.
[Paragraph
5 art.188 modified via the Law no.796-XV of 25.01.2002]
(6)
Within two days of the date of establishment, electoral councils and bureaus
shall make public their membership, address, and telephone numbers.
(7)
The authority of the electoral councils and bureaus shall expire after
validation of the referendum results.
Article 189.
Cumulating Electoral Councils and Bureaus Mandate
In
the event that the local referendum is held simultaneously with (local,
parliamentary) elections or republican referendum, electoral councils and
bureaus established and functioning pursuant to Chapter 3 of this Code, shall
exert the functions and responsibilities of the councils and bureaus for the
conduct of the referendum.
[Article
189 modified via Law no.1227-XIV of 21.09.2000]
Article 190. Granting
Assistance, Organizing the Activity, Modifying the Composition, and Disbanding
Councils and Bureaus for Referendum
Granting
assistance, organizing the activity, modifying the composition, and disbanding
the councils and bureaus for referendum shall be conducted pursuant to Article
31-34 of this Code, to be correspondingly applied.
Article 191.
Responsibilities of Councils and Bureaus for the Conduct of the Local
Referendum
Electoral
councils and bureaus established for the conduct of local referendum shall have
the responsibilities provided in Articles 28, 30 of this Code, to be
correspondingly applied.
Article 192. Lists of
Citizens Eligible to Participate in Referendum
The
lists of citizens eligible to participate in the local referendum (voter rolls)
shall be developed pursuant to Chapter 5, (Article 39-40) of this Code, to be
correspondingly applied.
Article 193. Ballot
Papers
(1)
The ballot papers shall contain the text of the question proposed for
referendum, to the right of the text on the horizontal two rectangles shall be
placed with the words "for" and "against", and under them
two circles shall be placed.
[Paragraph
1 art.193 modified via the Law no.480-XIV of 02.07.99]
(2)
In case the referendum proposal contains more than one separate question, each
question shall be printed on a different ballot-paper. In the event that
several referenda are held at the same time or the referendum is held at the
same time with elections, the ballot papers shall be of different color.
(3)
Ballots shall be compiled pursuant to the Law on languages spoken on the
territory of the Republic of Moldova.
(4)
Ballots shall be printed in a quantity that does not exceed the number of
voters in the district.
[Paragraph
4 art.193 modified via the Law no.796-XV of 25.01.2002]
(5)
Ballots with the same question shall be printed in the same format, with the
same font, on paper of the same color and density.
(6)
Design of the ballots and of the protocols of councils established for local
referendum shall be established by the Central Electoral Commission, whereas
the text of the ballots by the district electoral councils.
(7)
Ballots shall be distributed to precinct bureaus two days prior to the date of
the referendum.
Article 194. Agitation
Free
debates upon the issues proposed for local referendum shall be conducted
pursuant to Article 47 of this Code, to be correspondingly applied.
Article 195. Voting
(1)
Voting in the referendum shall be carried out pursuant to Chapter 9, (Articles
50-55) of this Code, to be correspondingly applied.
(2)
Voters shall fill out the ballot by applying "Voted" stamp inside one
of the two circles under the rectangles with the words "for" and
"against", thus expressing their will.
[Paragraph
2 art.195 in the wording of the Law no.480-XIV of 02.07.99]
[Paragraph
2 art.195 modified via the Law no.796-XV of 25.01.2002]
Article 196. Counting
the Votes and Summing up Local Referendum Results
(1)
Local referendum results shall be summed up pursuant to Chapter 10 (Articles
56-60) of this Code, to be correspondingly applied.
(2)
The number of the votes cast for "for" and "against" shall
be entered separately on a protocol on summing the results.
[Paragraph
2 art.196 modified via the Law no.480-XIV of 02.07.99]
(3)
The results of the referendum shall be examined by the district electoral
council which shall adopt a resolution in this respect.
Article 197.
Validation of the Local Referendum Results
(1)
The district council, within two days of the determination of results, shall
submit to the court of the respective territory the report on the conduct of
the referendum, to which the protocol and the complaints, as well as a
description on their solution, shall be attached. Chisinau municipality council
shall submit the respective acts to the Tribunal of the Chisinau municipality.
(2)
The court, within ten days of receiving the acts mentioned in paragraph (1) of
this Article, shall confirm or not the legality of the conduct of local
referendum and its results.
(3)
Within 24 hours of adoption, the court rulings shall be transmitted to the
Central Electoral Commission and district electoral council established for
referendum, which shall publish the final results of the local referendum.
[Paragraph
3 art.197 completed via the Law no.268-XIV of 04.02.99]
Article 198. Adoption,
Repeal, and Amendment of Referendum Proposal by Referendum
(1)
A local referendum proposal shall be considered adopted by referendum if it
gains the majority of voters votes who participated in
the referendum. A referendum proposal is referred to as being adopted on the
day upon which the referendum was conducted.
(2)
When a mayor is revoked through referendum, the Central Electoral Commission
determines the date of new elections for mayor, pursuant to Title V (Articles
118-140) thereof, which is to be applied correspondingly.
(3)
Adopted referendum proposal may be repealed or amended by local referendum, or
by the decision of the relevant local council, adopted by the vote of 2/3 of
the councillors, pursuant to the Law on Local Public Administration.
[Modified
via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via
Law no.796-XV of 25.01.2002]
Article 199. Invalid
Local Referendum
The
referendum shall be declared invalid, if less than half of voters included on
the voter rolls have voted.
Article 200. Null
Local Referendum
Local
referendum shall be declared null by court throughout the entire district or
only in the precinct, if serious violations of this Code occurred during the
voting and vote counting affecting the results of the referendum.
Article 201. Repeat
Local Referendum
If
the referendum is declared null, bodies which adopted the decision to conduct
the referendum shall organise, within two weeks, a repeat referendum. The
councils and bureaus for conduct of referendum, held responsible for frauds,
shall be replaced.
Article 202. New Local
Referendum
New
local referendum on the same issues may be conducted no sooner than a year of
the previous referendum.
