Electoral Code
No 1381-XIII of 21.11.97
Monitorul Oficial al R.Moldova No 81/667 of 08.12.1997
Title V.
Local Elections
Article 118. Applicability of this Title
Provisions of this Title (Articles 118-140) shall be applicable only to elections of mayors and councilors in local councils.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Article 118 modified via Law no.796-XV of 25.01.2002]
Article 119. Local Elections
(1) Mayors of towns (municipalities), villages (communes) and councillors in district, town (municipal) and village (commune) councils shall be elected by a universal, equal, direct, secret and freely expressed vote, for a four year term, which begins from the date of conducting local general elections.
(2) The number of councilors shall be established by the Law on Local Public Administration.
(3) In special status administrative-territorial units, local elections shall be conducted under provisions of this Code and acts adopted by the representative authorities of the relevant administrative-territorial units.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via the Law no.796-XV of 25.01.2002]
Article 120. Electoral Districts and Precincts. District Electoral Councils and Precinct Electoral Bureaus
(1) For conducting elections of local councils and mayors, each district, special status autonomous administrative territorial unit, town (municipality), village (commune) shall constitute one electoral district. Town (municipality), village (communal) electoral districts shall be formed by the district electoral councils of the second level administrative-territorial units of the Republic of Moldova at least 45 days prior to election day.
(2) Town (municipality), village (communal) district electoral councils shall be established by the second level administrative-territorial units' district electoral councils of the Republic of Moldova at least 40 days prior to election day. District electoral councils are formed and exercise their responsibilities, pursuant to Articles 27 and 28 of this Code, to be correspondingly applied. Upon new or partial elections, district electoral councils shall be established by the Central Electoral Commission.
(3) Electoral districts for the election of local councils and mayors shall be divided into precincts for which electoral bureaus shall be set up. Precinct electoral bureaus are formed and exercise their responsibilities, pursuant to Articles 29 and 30, to be correspondingly applied.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via the Law no.796-XV of 25.01.2002]
[Modified via Law no.268-XIV of 04.02.99]
Article 121. Special Responsibilities of the Electoral Councils
In localities where only one electoral precinct is formed for local elections, district electoral council shall exercise the responsibilities of precinct electoral bureau as well.
Article 122. Determination of Election Day
(1) The date of the general local or early elections shall be established by a resolution of Parliament no later than 60 days before the election day.
[Paragraph 1 art.122 modified via the Law no.796-XV of 25.01.2002]
(2) The date of the repeat, new and partial elections shall be determined by the Central Electoral Commission under this Code.
Article 123. Special Limitations on Voting Right
(1) The active-duty military shall not participate in local elections.
(2) Voters who do not reside in the relevant administrative-territorial unit may not participate in the elections of the local council and mayor.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Paragraph 2 art.123 added via the Law no.796-XV of 25.01.2002]
Article 124. Special Qualifications for Being Elected
(1) The right to be elected as councilors to local councils is granted to the citizens of the Republic of Moldova who are eligible to vote, and have reached 18 years of age by and including on election day.
(2) The right to be elected mayor is granted to the citizens of the Republic of Moldova who are eligible to vote, and have reached 25 years of age by and including on election day.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via Law no.796-XV of 25.01.2002]
[Modified via Law no.268-XIV of 04.02.99]
Article 125. Nomination, Submission of Candidacy and Registration of Candidates
Nomination, submission of candidacy and registration of candidates shall be conducted according to Chapter 6 (Articles 41-44), to be applied correspondingly.
Article 126. Special Requirements for Nomination of Candidates by Parties, other Socio-political Organisations and Electoral Blocs
(1) Number of candidates for councilors in lists should contain at least 1/2 of the number of mandates available for the respective electoral district and at most two deputy candidates.
(2) Parties, other socio-political organisations and electoral blocs may nominate only one candidate for mayor per electoral district. One person may not run in several electoral districts of the same level.
(3) An individual may run for councilor position in councils of first level administrative-territorial units of the Republic of Moldova, as well as in that of the second level administrative-territorial unit. An individual may run for both mayor and local councilor, but not in more than one electoral district of the same level.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via Law no.796-XV of 25.01.2002]
[Modified via Law no.480-XIV of 02.07.99]
[Modified via Law no.268-XIV of 04.02.99]
Article 127. Special Requirements for Nomination of Independent Candidates
Citizens of the Republic of Moldova may propose themselves as independent candidates for election of local council, provided they are supported by two percent of the district voters, divided by the number of councilor positions available to be filled through the election, but not less than 50 persons, and for mayor if they are supported by five percent of the district voters, but not less than 150 voters and not more than 10,000 voters.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via the Law no.796-XV of 25.01.2002]
Article 128. Voter rolls
Voter rolls for local elections shall be developed pursuant to Chapter 5 (Articles 39-40), to be applied correspondingly.
Article 129. Electoral Campaign
Electoral campaign shall be carried on during local elections pursuant to Chapter 7 of (Articles 45-47), to be applied correspondingly.
Article 130. Ballot-Papers
For election to councils of districts, towns (municipalities), villages (communes), and mayors of towns (municipalities), villages (communes) separate ballots shall be developed pursuant to Chapter 8 of (Articles 48-49), to be applied correspondingly.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Article 130 modified via the Law no.796-XV of 25.01.2002]
Article 131. Voting
Voting in local elections shall be conducted pursuant to Chapter 9 (Articles 50-55), to be applied correspondingly.
Article 132. Summing up the Votes and Tabulation of Election Results
(1) Votes shall be counted and local elections results shall be tabulated pursuant to Chapter 10 (Articles 56-62), to be applied correspondingly.
(2) Number of votes cast for each candidate running for mayor and councilor positions; name and surname of the elected mayors and councilors; name of party, other socio-political organisation, or electoral bloc which nominated them; and/or specification "independent candidate", shall be entered into the protocol.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via the Law no.796-XV of 25.01.2002]
Article 133. Award of Council Mandates
(1) The mandate of councilor for district, town (municipality) or village (commune) councils shall be awarded by the relevant district electoral councils.
(2) Seats in council shall be distributed among parties, other socio-political organisations and electoral blocs through sequential division of the number of valid votes cast for each party, other socio-political organisation or electoral bloc by 1,2,3,4... etc., up to the figure that corresponds to the number of seats established for the respective electoral district.
(3) From the results of all the divisions and the number of valid votes cast for independent candidates they shall select in declining order as many numbers as there are mandates to be distributed in the electoral district. The quantity of numbers chosen in declining order at the disposal of party, other socio-political organisation, or electoral bloc shall correspond to the number of seats due to them.
(4) An independent candidate shall be considered elected provided number of votes cast for him/her frames into the numbers selected in declining order.
(5) Council seats shall be distributed to candidates running for council in the order of their registration on the lists, beginning with the list which received the most votes.
(6) If there is more than one candidate with the same number of votes for the last non-distributed seat, district electoral council shall award the mandate by lots, fact that shall be entered in a record.
(7) If a party, other socio-political organisation or electoral bloc is awarded a number of mandates higher than the number of candidates on its list, the extra number selected in declining order of the relevant organisation shall be eliminated and replaced by a number selected in declining order of the other electoral contestants.
(8) If only independent candidates run for councils, district electoral council shall draw up a list with the number of votes cast for them in declining order and award every candidate one mandate until the mandates are exhausted.
(9) Candidates included in the lists but who are not elected shall be declared deputy candidates. In the event a council mandate belonging to a party, other socio-political organisation, or electoral bloc becomes vacant before the end of term, it will be awarded to one of the deputy candidates of the respective party, in the order of their entry in the list.
(10) In the event that the mandate awarded to an independent candidate becomes vacant, the vacancy shall be completed by restoring the declining order, excluding number belonging to the respective candidate and including the number following in the range.
(11) If only independent candidates are included on the ballot papers, in the event of a vacant mandate, the deputy candidate is awarded the mandate under par. (10).
(12) Mandates to deputy candidates shall be awarded by the Central Electoral Commission, pursuant to this Article and based on the documents stored by CEC.
[Modified via Law no.842-XV of 14.02.2002]
Article 134. Election of the Mayor
(1) Candidates running for mayor shall be considered elected provided that they are cast more than half of the valid votes cast by all the voters who attended voting.
(2) If neither candidate running for the mayor gathered more than half of the valid votes cast, in two weeks a second-round election shall be conducted between the two candidates who gathered the greatest number of votes. If more contestants in the first round obtained an equal number of votes, district electoral council shall select by lots who shall run in the second round and conclude a protocol thereupon, which fact shall be entered into a record.
(3) In the second-round election the candidate who gains the greatest number of votes shall be considered elected, regardless of the number of voters who took part in the election. Upon tie vote the candidate who was cast the highest number of votes in the first round shall be considered elected.
[Article 134 introduced via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Article 134 excluded via Law no.796-XV of 25.01.2002]
[Paragraph (3) art.134 completed via Law no.268-XIV of 04.02.99]
Article 135. Confirmation of Legality of the Elections and Validation of the Elected Candidates
(1) District electoral councils of the first level administrative-territorial units submit protocols regarding the results of the elections to the relevant district or municipality courts, whereas those of the second level administrative-territorial units to the courts where the electoral councils of the second level administrative-territorial units are based. Chisinau municipality district electoral council shall submit the relevant acts to the district court where the Chisinau municipality district electoral council is situated.
(2) The courts, within 10 days of receiving the district electoral councils' reports, shall either confirm or not the legality of the elections in every district by a decision which they, within 24 hours of adoption, shall submit to the Central Electoral Commission and the respective district electoral councils, which will publish the final results.
(3) At the same time the courts shall validate the mandates of elected councillors and mayors and mention this in the decision. Individuals elected to several positions, which are defined in Article 7 of the Law on the Status of Local Elected Officers, shall submit to court their approval to be validated on of those positions. Courts shall also confirm the list of deputy candidates.
(4) The council shall be considered legally constituted when mandates of at least 2/3 of the total number of councilors are validated.
(5) The district electoral council shall issue to the elected councilors and mayors licensees according to the design approved by the Central Electoral Commission.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via Law no.796-XV of 25.01.2002]
[Modified via Law no.403-XIV of 14.05.99]
Article 136. Invalid Elections
The election shall be considered invalid in certain districts if less than 1/3 of the number of voters included on voter rolls have participated in the election. The decision to declare the election invalid shall be adopted by the Central Election Commission based on the decisions and documents received from the district electoral councils.
Article 137. Null Elections
The election shall be declared null if serious violations of this Code have been committed during the electoral operations affecting the results of voting and the award of mandates. The decision regarding the declaration of elections null shall be adopted by the CEC based on the decisions by the respective courts.
Article 138. Repeat Elections
(1) If in certain districts or precincts, elections have been declared null or invalid, the Central Electoral Commission within two weeks shall organize repeat elections with the same candidates and electoral councils and bureaus and using the same voter rolls.
[Paragraph 1 art.138 modified via the Law no.796-XV of 25.01.2002]
(2) Electoral contestants found guilty of fraud shall not participate in the repeat election and shall be excluded (deleted) from the voting ballots. The electoral councils and bureaus, which committed such frauds shall be replaced.
(3) Repeat voting shall be considered valid provided no less than 1/3 of the voters included on the voter rolls vote in the relevant electoral district.
[Paragraph 3 art.138 introduced via the Law no.268-XIV of 04.02.99]
Article 139. New Elections
(1) New elections shall be declared if:
- the local council has resigned, has been dissolved, or has become less than 1/3 in the number established by the Law on Local Public Administration;
- the mayor has resigned, was revoked or is not able to exercise his/her mandate any longer;
- after the repeat election the council and/or mayor has not been elected;
- if local elections were not held in certain localities;
- if upon administrative-territorial reorganisation, local public administration bodies (councils, mayors) have to be elected in the newly established administrative-territorial units.
(2) The new elections date shall be determined by the Central Electoral Commission no later than 60 days before the day of election.
(3) The new elections shall be conducted in compliance with the provisions of this Code.
[Modified via Law no.31-XV of 13.02.03, in force as of 28.02.03]
[Modified via Law no.796-XV of 25.01.2002]
[Modified via Law no.778-XIV of 03.02.2000]
Article 140. Partial Elections
(1) The Central Electoral Commission within two weeks shall determine partial elections in one or several districts if after the elections the established number of councilors have not been elected.
(2) Partial elections for the vacant mandates shall be conducted pursuant to the provisions of the Titles I, II and V.
(3) The partial elections shall be determined by the resolution of the Central Electoral Commission no later than 60 days before the election day.
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