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Promo-LEX Association launched the third report on monitoring the parliamentary elections of November 28, 2010, for the period from October 26 to November 8, 2010.According to the findings of the report, there are many concerns regarding:

• the lack of financial transparency in the expenses made by electoral competitors for travelling in the country, for publishing electoral materials, organizing meetings with voters (concerts) and staff remuneration.
• the prevention of the proper conduct of the electoral process in localities on the left bank of Nistru (v.Corjova).
• the excessive campaigning posters in unauthorized places .
• the use of administrative resources for electoral purposes.
• the possible difficulties in voting for voters who have domicile and residence simultaneously.
• the sporadic information of voters by LPA on the possibility of verifying the accuracy of voter lists.
• the aggressive mutual attitude and cases of violence between representatives of electoral competitors.

The report makes a number of recommendations to the Central Electoral Commission, public administration, electoral competitors ands mass media. (source: Promo-LEX)

On November 11, 2010 the mandates of members of the Central Electoral Commission (CEC), appointed by the Parliamentary Decision no.290-XVI of 11.11.2005, expired:

• Mihai Busuleac — appointed by Parliament (representing AMN)
• Iurie Ciocan — appointed by Parliament (PCRM)
• Vasile Gafton — appointed by Parliament (PDM)
• Nicolae Girbu — appointed by Parliament (AMN)
• Victor Kosteţki — appointed by Parliament (PCRM)
• Renata Lapti — appointed by Parliament (PPCD)
• Eugeniu Stirbu — appointed by Parliament (PDM)
• Pavel Midrigan — appointed by Government (PCRM)
• Valentin Vizant — appointed by the President of the Republic of Moldova (PCRM).

CEC mandate is for 5 years and upon expiry of this term the composition of the Commission may be changed. If the Central Electoral Commission’s mandate expires during the electoral period, the mandate shall be extended until the end of this period and subsequent appointment of new members, but not later than 90 days.

All offices for registration and documentation of the population, including the sections for receiving and issuing urgent documents, will work on November 28, on the day of early parliamentary elections, from 7.00 until 21.00.The state Centre of informational resources (CRIS) “Registru” has announced that starting with November 23, 2010, the citizens of Moldova with voting rights, holders of identity documents with “invalid” status, whose documents are lost/stolen or have been not documented before, will be provided upon request with free of charge provisional identity documents or the validity term of previous ones will be extended. The documentation will be also provided to Moldovan citizens with voting rights, in detention or custody, who don’t have identity documents or their validity expired, providing them with identity cards, for payment, or with provisional identity documents, free of charge. At the same time, at the request of citizens who have no domicile/residence registration, the offices for registration and documentation of population will issue free of charge a certificate showing the last domicile/residence registration or, where appropriate, its absence .Subdivisions of the CRIS “Registru” shall ensure the processing of the identity cards for the citizens of the Republic of Moldova from October 28 to November 26, 2010 in reasonable terms (source: CRIS “Registru”)

According to the ombudsman for child rights, Tamara Plamadeala, there are cases of involving children in the electoral campaign, of involving them in the distribution of electoral materials, wearing clothing with symbols of electoral competitors. The ombudsman mentions that Article 13 of the Law on Child Rights prohibits the involvement of children in political activity and their association in political parties, therefore, a request was sent to the Central Electoral Commission, proposing to warn all electoral competitors so as to avoid such actions which are contrary to law and violate the rights of the child. (source: Info-Prim Neo)

Transnistrian web portals inform about a survey that is made by the Russian-Transnistrian Center of Information and Analysis. According to the information about the survey, if parliamentary elections would be held next Sunday, the parties would accumulate the following percentages of votes:

• PCRM — 32%-36%
• PLDM — 28%-32%
• PDM — 10%-12%
• PL — about 10%

It also estimates that the rating of LDPM, DPM and LP could still grow until election day, while the PCRM rating will remain stable and could even fall by two to three percent. The information about the poll does not specify the time when it was carried out, the sampling and the error margin, and its makers do not have clear identification data. (source: tiras.ru, lenta.ru)

The Court of Appeal ruled in favour of the DPM in case of appeal against a PCRM electoral clip, which would denigrate the image of DPM leader, Marian Lupu, by the distortion of a speech. The court decided to ban broadcasting the clip in media since it breaches the CEC Regulation on the coverage of electoral campaign in parliamentary elections in the mass media of Moldova. Decision of the Court of Appeal was challenged in the higher court by PCRM representatives and according to the Law on Administrative Litigation, the submission of an appeal suspends the execution of the initial court decision, and therefore the PCRM clip may be further posted and broadcasted until the adoption of a final court decision on this case. This video is also posted on the website YouTube, where it was viewed for about 19 thousand times, and this number increases after the appeals and discussions on its content and legality.

The Constitutional Court received for consideration the notification of a group of PCRM MPs, challenging the constitutionality of amending the Art.87 of the Election Code, which regulates the distribution of MP mandates in Parliament after elections. Under the new regulations, approved in June 2010, the number of MP seats remaining undistributed shall be distributed sequentially, one by one to every party, socio-political organization, electoral bloc, starting with the electoral competitor which obtained the biggest number of seats, in descending order. Previously, the remaining seats were distributed proportionally, considerably favouring the parties with higher percentage of votes. According to PCRM representatives, the new formula is not fair and is contrary to logic, is an invented practice and which is not applied anywhere. Although it requested to consider it as a priority, the date when the Constitutional Court will examine the notification is not yet established.

ADEPT Note: the issue of electoral system and distribution of mandates is the exclusive competence of the Parliament, which may accept any formula, because the Constitution contains no express provisions in this regard, just references, according to which, the country’s electoral system is regulated by “organic law” (Article 72 par.(3) let.a) of the Constitution).Previously, the Constitutional Court was already notified about the electoral system, the threshold applicable due to the adopted legislation, but the court of constitutional jurisdiction has declined its competence and acknowledged as constitutional those provisions of the Electoral Code, noting that competences in this area are exercised by the legislative of the country.

Liberal Party requests the CEC to provide explanation regarding the voting procedure in case of students who don’t have student-cards (precisely this document is stipulated by Electoral Code), but who want to vote in the locality where they study. Liberal Party also notified the Constitutional Court, requesting to examine the legality of obtaining the certificate for voting right for those who want to vote in the other place than that where they reside.

PL also requires the CEC to allow Moldovan citizens abroad to vote based on expired passports, because before the elections because not everyone manages to legalize the new identity documents. If this formula is not allowed, PL requests, as a matter of urgency and free of charge, to issue temporary passports (09 form).

ADEPT Note: in previous elections, the CEC has allowed voting with expired identity documents, and the last the initiative in this regard came from the Prime Minister Vlad Filat.The opposition challenges the situation in this area, invoking the possible falsification of elections, when more polling stations will be opened abroad and students will be able to vote without registration in the basic lists etc.

The independent candidate Elena Burghilă has launched her electoral program for the parliamentary elections of November 28, whereby stating that she wants to be the voice of the people in Parliament and to develop the country’s cultural heritage. Burghilă has also an electoral anthem (which she sings in televised debates), and in elections she runs with the slogan: “Enough to survive, it’s time to really live!”. The candidate laments that she has to fund her electoral campaign from her own money, earned at weddings and christenings and states that she collaborated with the PCRM and its leader, Vladimir Voronin, because it is logical to accept from the governance, whatever it is, the money for cultural development.