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:

1. Central Electoral Commission (permanent);
2. District Electoral Councils;
3. Precinct Electoral Bureaus.

(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:

1. adoption on his/her regard of final judicial decision in a criminal case;
2. the loss of Republic of Moldova citizenship;
3. the person is declared functionally limited or functionally incapacitated by a final court decision;
4. 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) Chairman, deputy chairman and secretary of the Central Election Commission (CEC) are elected among CEC members with a majority of votes of the total number of its members. The sitting for election of CEC chairman, deputy chairman and secretary will be chaired by two CEC members chosen with a simple majority of votes of CEC members, who are in charge with supervision of the procedure of debating on candidacies and electing of chairman, deputy chairman and secretary of CEC, with inclusion of results in a report. The sitting for election of chairman, deputy chairman and secretary of CEC will take place not later than within 15 days since enforcement of the decision confirming the new CEC members. Revocation from these offices takes place in cases stipulated by Articles 16, 19 and 20 of this code.

(2) If the candidate for the position of Chairperson, 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.

(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.

(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.

[Àrt.17 modified via Law no.276-XVI of 4.11.2005; Law no.176-XVI of 22.07.05; Law no.894-XIV of 23.03.2000; Law no.268-XIV of 04.02.99]

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:

1. may not be members of any political party or other socio-political organization that have nominated candidates for eligible public positions;
2. may not engage in political activities;
3. cannot make statements for or against electoral contestants;
4. cannot contribute in any way to the activities unfolded by electoral contestants, except when exercising their competence as provided in this Code.

(1) Membership in the Central Electoral Commission shall cease upon:

1. mandate expiration;
2. resignation;
3. revocation;
4. incapacity to exercise the mandate;
5. decease.

(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:

1. study the method of organizing and holding elections in order to improve the electoral law and procedures;
2. make recommendations to Government and Parliament concerning the timelines of operating changes to the electoral law;
3. develop regulations and instructions intended to improve the electoral procedures;
4. keep a roster of trained personnel for appointment to District Electoral Councils and Precinct Electoral Bureaus;
5. set up District Electoral Councils and Precinct Electoral Bureaus for the partial elections to the local councils or for mayor;
6. 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;
7. analyze the structure of electoral districts, in terms of the existing organisation of administrative-territorial units of the republic;
8. implement programmemes of civic education in-between elections;
9. develop voter information programmemes during electoral periods;
10. provide the media information on the unfolding of elections and the election administration practices employed;
11. report on an annual basis to Parliament and, when specifically requested, to the President, Government or Parliament;
12. communicate election issues to the press and the public at large;
13. 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;
14. consult indigenous non-governmental organisations interested to conduct civic education campaigns during elections;
15. 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;
16. 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;
17. organize 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]

(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:

1. coordinate the activity of all electoral bodies to prepare and conduct elections, according to this Code;
2. oversee the implementation of this Code's provisions and other laws that affect the conduct of elections;
3. establish electoral districts and district electoral councils and supervise their activity;
4. 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;
5. 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;
6. 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;
7. consider communications from public bodies on issues concerning the preparation and conduct of elections;
8. resolve issues regarding participation in elections of those citizens that are outside the country at the time of voting;
9. 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;
10. 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;
11. provide training for poll workers and election information for voters;
12. consider statements and complaints regarding decisions and actions of district electoral councils and precinct electoral bureaus and adopt mandatory resolutions thereupon;
13. 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;
14. organize the conduct of the second round of elections, repeat, early, new or partial elections, pursuant to the provisions of this Code;
15. collect information about citizen participation in elections, sum up preliminary results and make final results public.

[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:

1. oversee the execution of this Code and other laws affecting the conduct of elections;
2. 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]
3. distribute allotted financial funds among precinct electoral bureaus;
4. receive and examine communications of local public administration bodies, directors of state entities, institutions and organizations regarding the preparation and conduct of elections;
5. exercise control over the timely elaboration and review of the voter rolls;
6. ensure precinct electoral bureaus with a supply of forms for voters rolls, protocols and ballots, etc.;
7. register independent candidates and lists of candidates from political parties, socio-political organizations, and electoral blocs and make public information about them;
8. 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]
9. 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;
10. collect information from the precinct electoral bureaus about citizen participation in elections, sum up preliminary results of the election and submit them to CEC;
11. consider statements and complaints about decisions and actions taken by precinct electoral bureaus, and adopt mandatory decisions regarding them;
12. 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:

1. 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]
2. 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;
3. 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;
4. 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;
5. tabulate election results in the precinct, complete the protocols, and convey them along with all ballots to the district electoral council;
6. 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;
7. 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;
8. 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:

1. upon request;
2. upon recall.

(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 three 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:

1. 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]
2. 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.

(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:

1. citizens of the Republic of Moldova who haven’t reached the age of 18 years;
2. state funded organizations;
3. anonymous persons;
4. charity or religious organizations.

(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.

[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]

(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.

(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.

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:

1. Parties and other socio-political organizations registered prior to the announcement of elections, in accordance with their statutes and current legislation;
2. 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]
3. Citizens of the Republic of Moldova who nominate themselves (independent candidates).

1. 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]
2. 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]

(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:

1. 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);
2. petitions containing the required number of signatures in support of independent candidates;
3. biographical data about the candidate;
4. the candidate statement of agreement to run for the office for which his/her candidacy has been proposed;
5. 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.
6. 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.
7. 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", number of counterfoil, elections' type and date, space for writing the voter's name and surname, 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.

[Art.48 modified via Law no.276-XVI of 4.11.2005]
[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.

[Paragraph 2 art.53 in the wording of Law no.268-XIV of 04.02.99]

(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.

(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.

(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.

(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 elector introduces the voting ballot with the "Voted" stamp into the box. The member of the polling station's electoral office who always stands next to the box must keep all the counterfoils of voting ballots introduced in the box.

(Art.48 modified via Law no.276-XVI of 4.11.2005; Law no.796-XV of 25.01.2002; Law no.894-XIV of 23.03.2000]

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 as well as the list of voters that requested to vote at place of residence 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.

(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:

1. members of the superior electoral bodies;
2. representatives of the electoral contestants to electoral bodies;
3. domestic, national, foreign and international observers accredited by the relevant bodies;
4. mass media representatives.

[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:

1. ballots on which there is no control stamp of the electoral precinct;
2. ballots of other than the legally approved form;
3. 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]
4. 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]
5. ballots in which the voter has added the name of other additional electoral contestants;
6. 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:

1. the number of voters included on the voter rolls;
2. the number of voters added on supplementary lists;
3. the number of voters who have been issued ballots;
4. the number of voters who participated in the voting;
5. the number that shows the difference between the number of ballot counterfoils and the number of those people that have participated in the voting;
6. the number of electoral ballots declared invalid;
7. the number of valid votes cast for each electoral contestant / for each issue put up for referendum;
8. the total number of valid votes cast;
   [Let.h) introduced via the Law no.268-XIV of 04.02.99]
9. the number of ballots received by the precinct electoral bureau;
10. the number of unused and canceled ballots.

[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:

1. the overall number of voters included in the voter rolls;
2. the number of voters on supplementary lists;
3. the number of voters who have been issued ballots;
4. the number of voters who voted;
5. the number that shows the difference between the number of ballot counterfoils and the number of people that have participated in the voting;
6. the number of ballots declared invalid;
7. the number of valid votes cast for each electoral contestant / for each question subject to referendum;
8. the total number of valid votes cast;
   [Let.h) introduced via the Law no.268-XIV of 04.02.99]
9. the number of ballots received by the district electoral council;
10. the number of canceled and unused electoral ballots.

(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]

1. the overall number of voters included on the voter rolls;
2. the number of voters on supplementary lists;
3. the number of voters who have been issued ballots;
4. the number of voters who voted;
5. the number that shows the difference between the number of ballot counterfoils and the number of people that have participated in the voting;
6. the number of ballots declared invalid;
7. the number of valid votes cast for each electoral contestant / for each issue put up for referendum;
8. the total number of valid votes cast.
   [Let.h) introduced via the Law no.268-XIV of 04.02.99]

(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:

1. 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]
2. the appropriate district electoral council, in case of local elections and referendums.

(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:

1. 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;
2. Valid ballots received from precinct electoral bureaus shall be submitted to the court in the relevant electoral district;
3. Other sensitive voting materials, such as stamps of precinct electoral bureaus and the district electoral councils, shall be returned to the Central Electoral Commission.

[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) At the request of electoral contestants, the Central Electoral Commission shall accredit an observer for monitoring the elections in polling stations established outside the Republic of Moldova. As observers can be accredited the citizens of the Republic of Moldova abroad, as well as the representatives of international and foreign nongovernmental organizations.

(3) The Ministry of Foreign Affairs will accredit representatives of international organizations, foreign governments, and international non-governmental organizations as observers.

(4) 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.

(5) 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.

[Paragraph 4 art.64 modified via the Law no.796-XV of 25.01.2002]

(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.

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:

1. a warning;
2. 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:

1. 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;
2. falsifying by any means voting results;
3. opening ballot boxes before the termination of voting as established by law;
4. damaging or forcibly entering the premises of the electoral precincts, or stealing ballot boxes or electoral documents.

(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.

[Paragraph 3 art.70 modified via the Law no.268-XIV of 04.02.99]

(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.

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]

1. failure by official persons to provide data and materials to electoral bodies as well as failure to abide by their decisions;
2. destroying, smudging, or making unusable by other means voter rolls and electoral posters;
3. 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;
4. 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;
5. knowingly agreeing to entering an individual on more than one list of candidates;
6. members of electoral bodies failing to make public proposals for the registration of candidates;
7. using funds obtained from abroad or not publicly declaring funds received;
8. preventing people with the right of vote from entering the polling place or exercising their right to vote;
9. 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;
10. 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;
11. members of precinct electoral bureau unjustifiably leaving from the polling places before the election results are summed up and they have signed the record;
12. 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]
13. taking an electoral ballot issued for voting off of the premises of an electoral precinct;
14. falsifying signatures on lists in support of an independent candidate.

(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.

Pages:

1 / 2 / 3 / 4 / 5 / 6 / 7 / 8