Title III.
Elections To Parliament

This Title (Articles 72-94) shall be applicable only to elections for mandates to serve in Parliament of the Republic of Moldova.

Article 73. Elections to Parliament

(1) Parliament of the Republic of Moldova shall be elected by an universal, equal, direct, secret and freely expressed vote, for a period of four years.

(2) Elections to Parliament shall be conducted based on one national electoral district in which 101 deputies shall be elected.

Article 74. Administrative Electoral Districts and Precincts. District Electoral Councils and Precinct Electoral Bureaus

(1) For administrative purposes, the Central Electoral Commission shall establish, at least 55 days prior to election day, administrative electoral districts corresponding to the territorial-administrative units of the second level of the Republic of Moldova, and at least 50 days prior to elections, electoral councils, pursuant to the provisions of Article 27 of this Code, to be correspondingly applied. The responsibilities of the district electoral councils shall include those put forth in Article 28 of this Code, to be applied correspondingly except for letter (g).

[Paragraph 1 art.74 modified via the Law no.268-XIV of 04.02.99]
[Paragraph 1 art.74 modified via the Law no.796-XV of 25.01.2002]

(2) Electoral districts shall be divided into precincts, pursuant to Article 29 of this Code, to be applied correspondingly.

(3) The precinct electoral bureaus shall be formed and shall exercise their responsibilities, pursuant to Article 29 and 30 of this Code, to be applied correspondingly.

Article 75. Candidates for Election to Parliament

Citizens of the Republic of Moldova, eligible to vote, who have reached the age of 18 years by and on election day, live permanently in the country and meet the requirements provided herein may be candidates for deputy mandates.

Article 76. Declaration and Date of Elections

(1) The election of deputies shall be held within three months of the expiration of Parliament's mandate.

(2) The day of elections to Parliament shall be scheduled by a resolution of Parliament no later than 60 days before election day.

[Paragraph 2 art.76 modified via the Law no.796-XV of 25.01.2002]

(3) In the event of Parliament dissolution, elections of the new Parliament shall be determined by the same decree of the President of the Republic of Moldova. Early elections shall be conducted no later than 45 days of the day when the decree becomes effective.

[Paragraph 3 art.76 modified via the Law no.894-XIV of 23.03.2000]

Article 77. Registration of Electoral Candidates

In order to be registered electoral candidates shall submit to the Central Electoral Commission the documents described in Article 44 of this Code.

Article 78. Special Requirements for Petitions

(1) Petitions in support of an independent candidate are developed and verified pursuant to Articles 42-43 of this Code, to be correspondingly applied.

(2) To be registered by the Central Electoral Commission, independent candidates shall submit petitions containing signatures of at least 2,000 and at most 2,500 supporters eligible to vote.

[Paragraph 2 art.78 completed via the Law no.268-XIV of 04.02.99]

(3) Upon verification of petitions, the Central Electoral Commission shall nullify false signatures and signatures that were applied to several petitions.

(4) In the event that, upon verification, the sumbitted number of signatures is found insufficient or if in the result of invalid signatures being excluded from the petition the overall number of signatures decreases under the minimum threshold provided for in paragraph (2) of this Article, the independent candidate shall not be registered and the decision to that effect shall be conveyed to him/her within 24 hours of adoption.

[Paragraph 4 art.78 in the wording of the Law no.268-XIV of 04.02.99]

(5) Submitting supplementary petitions after verification by the Central Electoral Commission shall not be allowed.

Article 79. Special Requirements for Candidate List Registration

At least 51 registered candidates and at most the number of deputies in Parliament provided for in the Constitution, plus two deputy candidates, shall be included on a list.

Article 80. Replacement of Candidates on Lists

(1) Electoral contestants shall have the right to recall their candidacy, their entire list of candidates or reverse their decision to include any particular candidate on the list. Parties or socio-political organizations shall also have the right to withdraw from an electoral bloc and withdraw their candidates from the list at any time before the elections, but no later than five days prior to election day.

[Paragraph 1 art.80 modified via the Law no.268-XIV of 04.02.99]

(2) A decision to withdraw an entire list of candidates or an individual candidate shall be adopted by the nominating person or organization, submitted to the Central Electoral Commission and then made public.

(3) Replacement of a candidate must be done before the expiration of the term of candidate registration. The Central Electoral Commission shall make public the decision to register the new candidate.

(4) In the event a party and/or a socio-political organization withdraws from an electoral bloc and at the same time withdraws its candidates after the expiration of the term of registration, the list of the electoral bloc shall be remade excluding the candidates of the respective party or socio-political organization. The same procedure will be applied in the event of the withdrawal of candidates from the lists by parties and/or socio-political organizations.

Article 81. Voter Rolls

Voter rolls for elections of deputies to Parliament shall be developed pursuant to Chapter (5) Articles 39-40 of this Code, to be correspondingly applied.

Article 82. Electoral Propaganda during Parliamentary Elections

Propaganda during parliamentary elections shall be carried out pursuant to Chapter (7) Articles 45-47 of this Code, to be correspondingly applied.

Article 83. Voting Ballots

(1) Voting ballots shall be developed pursuant to Chapter (8) Articles 48-49 of this Code, to be correspondingly applied.

(2) On the ballot-paper independent candidate shall be listed in a separate rectangle where his/her first and last name shall be written, including the specification "independent candidate."

Article 84. Voting

Voting during the parliamentary elections shall be carried out pursuant to Chapter (9) Articles 50-55 of this Code, to be correspondingly applied.

Article 85. Vote Counting and Election Results Tabulation

Election results are summed up pursuant to Chapter (10) Articles 56-60 of this Code, to be correspondingly applied.

Article 86. Determination of the Threshold of Representation

(1) Upon receiving records of the voting results in all districts from all district electoral councils, the Central Electoral Commission shall sum up the number of valid votes cast for each party, other socio-political organization, and each electoral bloc in order to establish whether or not they have passed the minimal threshold of representation.

(2) The minimal threshold of representation is as follows:

1. for a party or socio-political organisation - 4% of the valid votes in the country as a whole;
2. for electoral blocs formed out of two or more parties and/or other socio-political organisations - 8% of the valid votes in the country as a whole.

(3) Parties, other socio-political organizations and electoral blocs receiving less votes than the percentage specified in paragraph (2) shall be excluded from the award of mandates by a decision of the Central Electoral Commission.

[Article 86 modified via the Law no.894-XIV of 23.03.2000]
[Article 86 modified via the Law no.796-XV of 25.01.2002]

Article 87. Calculation of the Number of Mandates Obtained by the Electoral Contestants

(1) The distribution of parliamentary seats among the electoral contestants shall be conducted by the Central Electoral Commission through a sequential division of the number of valid votes cast for each electoral candidate, except for independent candidates, by 1, 2, 3, 4..., etc. up to the figure that corresponds to the number of seats in Parliament.

(2) Of the results of all divisions and of the number of valid votes cast for independent candidates, as many numbers shall be selected in declining order as there are mandates to be distributed. Parties, other social-poltical orgamnizations and electoral blocs shall receive as many mandates as they own numbers in the declining range.

(3) Independent candidates shall be considered elected if they receive at least three percent of the valid votes cast in the election throughout the republic.

[Paragraph 3 art.87 included via the Law no.894-XIV of 23.03.2000]
[Paragraph 3 art.87 excluded via the Law no.268-XIV of 04.02.99]

Article 88. Award of Mandates

(1) The Central Electoral Commission shall award mandates to electoral contestants in the order of their inclusion on the candidate lists, beginning with the first candidate on the list.

(2) If the last mandate to be awarded stands for more candidates with the same number of votes cast, the Central Electoral Commission shall award the mandate by lots, which fact shall be entered in a record.

(3) In the event a party, other socio-political organization or an electoral bloc is awarded a number of mandates higher than the number of candidates on the list, the extra number selected in declining order of the relevant organization shall be eliminated, and replaced by a number selected in declining order of the other electoral contestants.

(4) Individuals included on candidate lists who are not elected shall be declared deputy candidates. A deputy candidate shall be declared elected by the Constitutional Court in the event that, for certain reasons, a deputy mandate owned by a party, socio-polticial organization or electoral bloc becomes vacant. The deputy candidate may refuse the deputy mandate by submitting a statement to that effect to the Constitutional Court.

[Paragraph 4 art.88 in the wording of the Law no.1107-XIV of 30.06.2000]
Note: The phrase "deputy candidates" introduced via modification of the Law no.480 of 02.07.99 is declared unconstitutional via resolution of the Constitutional Court no.1 of 11.01.2000
[Paragraph 4 art.88 in the wording of the Law no.480-XIV of 02.07.99]

(5) In the event that, after the election is held and the mandates are awarded, the electoral contestant who put forward a candidate list is found not to have deputy candidates on it, the vacant mandates shall be attributed to the electoral contestants following next in the declining order formed upon mandate award.

[Paragraph 5 art.88 included via Law no.1107-XIV of 30.06.2000]
[Paragraph 5 art.88 excluded via Law no.480-XIV of 02.07.99]

(6) In the event that the deputy mandate obtained by the independent candidate becomes vacant, the Central Electoral Commission shall restore the declining order excluding the number of the respective candidate and including the following one.

Article 89. Confirmation of Results and Mandate Validation by the Constitutional Court

(1) The Central Electoral Commission shall, within 48 hours of the election results tabulation, submit to Constitutional Court the acts mentioned in Article 60 and the lists of elected deputies and deputy candidates.

[Paragraph 1 art.89 modified via Law no.1107-XIV of 30.06.2000]
Note: The phrase "deputy candidates" introduced via modification of the Law no.480 of 02.07.99 is declared unconstitutional via resolution of the Constitutional Court no.1 of 11.01.2000

(2) Within 10 days of the date of receiving documents from the Central Electoral Commission, the Constitutional Court shall either confirm or not, through a decision, the legality of the elections. Simultaneously, the Constitutional Court shall validate the mandates of the elected deputies.

(3) If the elections are declared valid, the Central Electoral Commission shall issue deputy licenses to elected candidates.

Note: The phrase "deputy candidates" introduced via modification of the Law no.480 of 02.07.99 is declared unconstitutional via resolution of the Constitutional Court no.1 of 11.01.2000
[Art.89 modified and completed via Law no.480-XIV of 02.07.99]

Article 90. Validation of Election Results by the Central Electoral Commission

(1) The protocol with respect to election results, along with the decision of the Constitutional Court validating elections and at least two-thirds of the number of mandates, shall be submitted, within two days, to Parliament. A copy of these documents shall be submitted to the Central Electoral Commission.

(2) The Central Electoral Commission shall cause the final election results to be published within 24 hours of receiving them from the Constitutional Court.

Article 91. Invalid Elections

Elections under this Chapter shall be invalid if less than half of the voters included on the voter rolls have participated.

Article 92. Null Elections

Should the Constitutional Court determine that during the voting and vote counting the provisions of this Code were violated and affected the voting results and awarding of mandates, the elections shall be declared null.

Article 93. Repeat Elections

(1) If elections are declared null and void, the Central Electoral Commission shall within two weeks organize repeat elections of the same electoral candidates and based on the same voter rolls and the same electoral councils and bureaus.

(2) Electoral candidates who committed fraud shall be excluded from the voting ballots, and electoral councils and bureaus which committed such frauds shall be replaced.

(3) The repeat election shall be considered valid if at least one-third of the voters included on the voter rolls voted.

Article 94. New Elections

(1) In the event that the repeat elections are declared null or invalid, Central Electoral Commission shall establish the date of new elections within 60 days of the day last elections were declared null and invalid.

[Paragraph 1 art.94 modified via the Law no.894-XIV of 23.03.2000]
[Paragraph 1 art.94 modified via the Law no.796-XV of 25.01.2002]

(2) Upon early elections, if even the repeat elections are declared void and null, President of the Republic of Moldova shall establish by decree the date of new elections observing the term indicated in Article 76 paragraph (3) of this Code.

[Paragraph 2 art.94 included via the Law no.894-XIV of 23.03.2000]

(3) New elections shall be conducted pursuant to this Code.

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