EUROPEAN COMMISSION FOR
DEMOCRACY THROUGH LAW
(
No.1381-XIII from 21.11.1997
T i t l e 1
GENERAL PROVISIONS
TERMS AND GENERAL PRINCIPLES
In the sense of the
present code the general terms have the following definition:
Electoral billboards – appeals, statements, photographs and other
materials used by the electoral competitors for the purpose of electoral
propaganda;
Electoral propaganda – actions for
preparation and dissemination of information aimed at determining the electors
to vote for one or other electoral competitors;
Voter – any citizen of the
Elections – means, in the case of no
specific reference, elections in the Parliament, in the local public
authorities as well as the referendums. The same term refers to the actions of
the citizens, parties and other social-political organizations, electoral
blocs, elections and other state authorities, oriented toward elaboration of
electoral lists, nomination and registration of candidates, electoral
propaganda, voting and confirmation of voting results, as well as other actions
related to elections in accordance with the legislation into force;
General elections – any type of
elections that take place in one day, on Sunday or on any other day indicated
in the act of determining the date of elections, on the entire territory of the
country;
Anticipated elections – elections of
the elective bodies taking place in case of cessation before the term of the
mandate or in case of dissolution.
Electoral bloc – benevolent union of
two or more parties and/or social-political organizations that is registered by
the Central Elections Commission for the purpose of joint participation in the
elections;
Electoral campaign – period of
activity aimed at determining the voters to one or another electoral candidate
and that starts for every electoral competitors from the date of registration
of the latter at the Central Elections Commission or by the district electoral
council and stops when the competitor is excluded from the election on the
voting date;
Candidate – person who proposes his
candidacy in order to obtain a public elective position on behalf of parties
other social-political organizations, electoral blocs, as well as not related
to these;
Independent candidate – person who
nominates himself in order to obtain a public elective position not dependent
on parties, other social-political organizations and electoral blocs;
Electoral district – administrative
electoral unit, where elections and referendums are organized and take place,
Electoral competitors:
-
Independent
candidates, registered by the Central Elections Commission, as well as parties
other social-political organizations, electoral blocs whose lists of candidates
have been registered by Central Elections Commission – in case of parliamentary
elections;
-
Parties,
other social-political organizations, electoral blocs and persons who nominated
their candidacy for the position of councilor in the local council and which
are registered by the respective district electoral councils – in case of local
elections;
[The amendment introduced by the
law no.1381 from 21.11.1997 was declared] [unconstitutional according to the
Contestation – an application for repeal or revision of an act, decision
or action;
Central Elections Commission - commission created for the purpose of
ensuring the proper performance of elections, which works on a permanent basis
according to the present code;
Right to vote – constitutional right of the citizen, to elect and to be
elected in order to express by means of his vote the attitude toward the most
important problems of the state and the society in general and/or in local
problems of a particular interest;
List of candidates – list of candidates nominated by parties,
social-political organizations, electoral blocs in order to take part in
elections;
Electoral list – list including all citizens with the right to suffrage
residing on the territory of a polling station;
Subscription list – list including the signatures of the voters who plead
in favor of one candidate or for the initiation of a referendum;
Locality – territorial-administrative unit organized according to the
law (rayon, municipality, city, village (commune), territorial-administrative
unit with a special status);
Electoral authorities – authorities entrusted with the organization of
parliamentary, local public administration elections as well as referendum;
Social-political organizations - parties, fronts, leagues, mass
political movements, registered under the law on parties and other
social-political organizations;
Parties- benevolent associations of citizens established and registered
under the law on parties and other social-political organizations;
Electoral period – period of time that starts with the day on bringing
to the knowledge of the public the elections date as well as the date when the
final results of the elections are confirmed by the competent authorities;
Persons authorized to assist at the
electoral operations – observers of the electoral competitors in the polling
stations, foreign observers accredited by the Ministry of Foreign Affaires,
observers accredited by the Central Elections Commission as well as
representatives of the mass media means;
Referendum – suffrage when people express their option with regard to
the most serious issues of the state and the society in general, pursuing the
goal to solve them, as well as requesting the citizens opinion with concern to
local problems of a particular interest;
Revocation – withdrawal by the law court of the mandate of a person
holding an eligible public position.
[The amendment introduced by the law
no.1381 –XV from 21.11.1997 in compliance with the] [
[Article 1 amended by the Law
no.842-XV from 14.02.2002]
[Article 1 amended by the Law no.796-XV from
25.01.2002]
[Article 1 amended by the Law no.1227-XIV from
21.09.2000]
[Article 1 amended by the Law no.894-XIV from
23.03.2000]
[Article 1 amended by the Law no.268-XIV from
04.02.1999]
Article 2.
Principles of
participation in the elections
(1)
Citizens
of the
(2)
Participation
in the elections has a free (benevolent) nature. No person is entitled to exert
pressure upon the voter in order to coerce him to take or not to take part in
elections as well as to influence the expression of his free will.
(3)
Citizens
of the
Citizens of the
Each voter shall be
entitled to a single vote during each suffrage. Every vote has an equal legal
power.
Each citizen shall
give his vote personally. No voting instead of other person shall be allowed.
Suffrage in elections
and/or referendum is secret, thus excluding the possibility to exercise
influence over the voter’s will.
Article 7. Freely expressed vote
No one may exert
pressure on the voter for to make him vote or refrain from voting as well as to
express his will independently.
Elections shall take
place in one day, on Sunday or on any other date indicated in the elections
organizations act on the entire territory of the country or in a specific
locality.
Article 9. Place of exercising the right to vote
The right to vote
shall be exercised in the locality where the citizen resides, except for cases
provided by the present code.
Article 10. Voting for a sole candidate
During elections, the
elector shall vote for a single candidate, during the referendum – for one
single option.
RIGHT TO ELECT AND TO BE ELECTED
(1)
The
following persons do not have the right to vote:
a)
who do not
meet the requirements stipulated in the article 11;
b)
who have
been declared as incapable by a final decision of the law court;
c)
persons convicted
to deprivation of liberty by a final judgment of the law court.
[Paragraph 1 article13 amended by the Law
no.268-XIV from 25.01.2002]
(2)
May not be
elected:
a)
serving
military men;
[Entry a) as amended by the Law no.268-XIV from
04.02.1999]
[Entry b) repealed, the others shall be set
accordingly to the law no.403-XIV from 14.05.1999]
Note: See in this respect the decision of the Parliament no.331-XIV from 25.03.1999 on “ensuring an uniform character to the application of the provisions of Article 13 Paragraph 2 letter b) from the Elections Code on the entire territory of the Republic of Moldova during the elections campaign for general local elections from 1999”.
b)
persons
mentioned in paragraph (1);
c)
persons
whose criminal record is not extinguished.
(3)
Citizens of the
[Paragraph 3 as amended by the Law no.842-XV
from 14.02.2002]
[Paragraph 3 as amended by the Law no.796-XV
from 25.01.2002]
[Paragraph 3 as amended by the Law no.268-XIV
from 04.02.1999]
Article 14. Electoral authorities’ system
Pursuing the purpose
to organize and unfold elections, the following authorities shall be
constituted:
a)
Central
Elections Commission;
b)
district
electoral council;
c)
electoral
committees of polling stations.
Article 15.
Representation within
electoral authorities
(1)
Electoral
competitors may appoint to the electoral authorities where registered, as well
as in the hierarchically inferior authorities, a representative with a
consultative vote. Parties, other social-political organizations, electoral
blocs participating in the elections may appoint a representative with a
consultative vote also in the Central Elections Commission.
[Paragraph 1 Article 15 according
to the Law no.894-XIV from 23.03.2000]
(2)
Representative
members of the electoral candidates shall be confirmed by the electoral
authorities in a three day term, and if not accepted, a written information
indicating the grounds of refusal shall be brought to their knowledge.
[Paragraph
2 completed by the Law no.268-XIV from 04.02.1999]
(3) In case the electoral candidates form and electoral bloc, after the nomination of their representatives in the representative authorities, the members shall be withdrawn from the electoral authorities, except for one person, nominated based on the decision of the respective electoral bloc. In the circumstances when the leadership of the electoral bloc does not take these actions in a three-day term from its constitution, the electoral authorities shall exclude the representatives liable to withdrawal. The electoral candidate who adheres to an already existing electoral bloc shall withdraw his representative from the electoral authorities.
(1)
Members of
the Central Elections Commission may be persons who have an impeccable
reputation and skills necessary to exercise electoral activities.
(2)
Members of
the Central Elections Commission who are deliberative voters:
a)
may not
belong to parties and to other social-political organizations which have
nominated candidates for public eligible positions;
b)
may not
participate in political activities;
c)
may not
make statements in favor or disfavor of electoral candidates;
d)
may not in
any way, contribute to activities performed by electoral competitors, except
for cases stipulated by the present code in the exercise of their duties.
Article 20. Ceasing the quality of member of
Central Elections Commission
(1)
Membership
in the Central Elections Commission shall cease in case of:
a)
mandate
expiry;
b)
resignation;
c)
dismissal;
d)
impossibility
to exercise duties;
e)
decease.
(2)
Central
Elections Commission members may be dismissed in case of non-fulfilling the
conditions mentioned in Article 19 Paragraph (2) as well as for committing
deeds incompatible with their quality.
(3)
The
dismissal shall be submitted to the Supreme Court of Justice by authorities,
which appointed the respective person to the Central Elections Commission, as
well as by other Commission members.
(4)
The
pertinent authority shall appoint within a 10 day term, a new member to be
confirmed by Parliament for the rest of the mandate of his predecessor, based
on a decision of the Supreme Court of Justice ordering the dismissal or/and in
case of cessation of mandate before the term.
[Article 20 as amended by the law
no.796-XIV from 25.01.2002]
Article 21. Partial exoneration of members from their professional obligations.
Remuneration
(1) For the period of elections, Central Elections Commission members who do not work on a permanent basis shall be partially exonerated from their professional obligations of their permanent working place based on a decision taken by the Commission.
(2)
The
position of president, deputy-president and secretary of the Central Elections
Commission shall be equated with the public position of a first rank, while the
Commission members with a deliberate vote, who are exonerated partially from
their professional duties of their permanent working place, are equated to a
public position of a second rank.
(3)
Remuneration
of Central Elections Commission members shall be done in accordance with the
procedure used in case of public employees of the respective ranks, but their
salary may not be lower than average salary of the last permanent working
place, taking into account also the increases, additional payments,
indemnities, and allowances. Members of the commission, which are not working
on a permanent, shall receive for the period of being partially exonerated from
duties from their permanent position an additional payment to the salary in an
amount of 25 percent.
Article 22. General tasks of the Central Elections Commission
The Central Elections
Commission shall:
a)
study he
process of organizing and performance of elections for the purpose of improving
the legislation and the electoral procedures;
b)
submit to
the Government and to the Parliament proposals with regard to the timeliness of
introducing amendments in the electoral legislation;
c)
elaborate regulations
and instructions meant to improve electoral procedures;
d)
keeps a
list of qualified employees in order to be appointed to the to the district
electoral council and to the electoral committees of the poling stations;
e)
form
district electoral councils and electoral committees of the polling stations
while organizing partial elections in the local councils;
f)
collaborate,
in the process of organizing and performing elections with:
-
Ministry
of Internal Affaires, in order to ensure security of the polling stations and
of the electoral materials;
-
state
enterprises and institutions while concluding contracts in order to provide the
printing of ballot papers as well as the endowment with equipment;
-
mass media
means and public associations in the organization of activities related to the
civic education of the citizen and in order to inform the population about the
elections process;
g)
analyze
the structure of electoral districts from the perspective of the administrative
territorial organization of the republic;
h)
implement
programs of civic education in the period between the elections;
i)
prepares
information programs for the voters in the period of elections;
j)
offer to
the mass media means information concerning the organization of elections and
the administrative practice used in this respect;
k)
present
annually reports to the Parliament, and upon request - to the Parliament, President
of the
l)
set under
debate of the mess media means and the public at large issues related to
elections;
m)
establish
contacts with parties, other social-political organizations and non
governmental and which are entitled to appoint candidates for public positions,
making available for them the full participation in the electoral process;
n)
consult
the interested local public associations in civic activities to be organized
during elections;
o) organize training courses and seminars for persons who are to take part in the electoral process in capacity of members of district electoral councils and electoral committees of the polling stations, as members representatives of the of the political parties and other social-political organizations, of the electoral blocs or of the potential candidates in capacity of employees in the administration of the electoral councils, as members of the group of initiative;
p) analyze electoral frauds, including those alleged, from the previous, current of future elections and takes measures for their prevention, informs the public authorities about the necessity to find solutions to certain problems in accordance with the electoral legislation;
q)
verify
yearly (after January 1) electoral lists, updating them in the database
provided by the Department of Statistics and Sociology and by the local public
administration authorities.
[Article 22 as amended by the Law no.796-XV
from 25.01.2002]
[Article 22 as amended by the Law no.268-XIV
from 04.02.1999]
Article 23. Central Elections Commission administration
(1)
Central
Elections Commission shall be assisted by an administration whose staff shall
be approved by the Government at the proposal of the Central Elections
Commission. Employees of the administration shall be employed based on a
decision of the commission. Upon the decision of the Commission some of them
shall work on a permanent basis, others shall be convoked in the elections
period, being exonerated of their tasks from the permanent position.
(2)
Salaries
of employees and other expanses of the Central Elections Commission
administration shall be covered from its budget. The salary of the
administration employee is equivalent with the salary of the public servants of
second rank, but may not be lower than the average salary from the last
permanent position, taking into account increases, additional payments,
indemnities and allowances. Central Elections Commission shall do equation with
concrete positions. Administration employees, who are not working on a
permanent basis in the commission, shall receive for the period of being
partially exonerated from duties from their permanent position an additional
payment to the salary in an amount of 25 percent.
Article 24. Financing the Central Elections Commission activity
Activity of the
Central Elections Commission shall be financed from the state budget. The
commission shall present annually, on a date indicated by the Government, an
application soliciting to include in the draft law on the state budget the
expenses related to the its functioning and the performance of the elections
specifying also the activities which are to be organized during next budgetary
year.
Article 25. Sessions and activities of Central Elections Commission
(1)
Sessions
of Central Elections Commission shall be convened by its president at his own
initiative or at the request of majority of its members. In case the majority
of members request the convocation of a session, the decision shall be taken in
at least 48 hours from the moment of submitting the application.
(2)
All
sessions when the Central Elections Commission examines electoral issues,
inclusively sessions where decisions about electoral problems are open for mass
media representatives and for the public. Sessions shall be announced 48 hours
before taking place, except for sessions of the electoral period when they are
announced in a shorter term due to the nature of problems requiring an urgent
examination.
(3)
Central
Elections Commission shall ensure transparency of electoral operations,
allowing mass media means and the public at large to assess the Commission
activity.
Article 26. Powers of Central Elections Commission in the elections period
(1) In the elections period the Central Elections Commission shall have the following powers:
a)
to
coordinate the activity of all electoral authorities for the purpose of
preparing and organizing elections in compliance with the present code;
b)
to
supervise the enforcement of the present code provisions and those of other
laws containing stipulations concerning elections;
c)
to
constitute electoral districts and district electoral councils and to supervise
the activity of these councils;
d)
based on
the data presented by the Ministry of Justice, it shall publish the list of parties
and other social-political organizations entitled to take part in elections,
shall register candidates and their representatives in case of parliamentary
elections;
e)
to
distribute the financial means provided for the organization of elections; to verify
the endowment of the councils and electoral committees with premises,
transportation and telecommunication means, shall examine other issues related
to the technical-material support of elections;
f)
to
determine the model of ballot papers and electoral lists, of the reports of
sessions of councils and electoral committees as well as of other acts related
to the organization of elections, also the model of ballot boxes and stamps of
councils and electoral committees;
g)
to examine
the reports of public authorities on issues related to the organization and
unfolding elections;
h)
to find
solutions to the problem of participation in the elections of citizens who on
the elections date are not present on the territory of the country;
i)
to count
the results of elections on the whole territory of the country, and upon the
case, submits the report on elections’ results to the
j)
to adopt
decisions referring to the activity of the district electoral councils and
electoral committees of the polling stations, to the electoral procedures, to
the manner of organization and unfolding the elections as well as to
technical-administrative issues;
k)
to train
electoral employees and to offer the voters information related to elections;
l)
to examine
the applications and contestations of the decisions taken by the district
electoral councils and electoral committees of the polling stations, shall
adopt executory decisions referring to them;
m)
to decide
the exoneration from duties of the main working place of members of electoral
councils during their activity in the elections, shall determine the number of
members of electoral committees which may be exonerated from duties in the
respective period;
n)
to ensure
the organization of repeated ballot, new and partial elections under the
present code;
o)
to gather
information on the voters coming to elections, shall make the preliminary
totalization of the elections results and shall bring to the knowledge of the
public the final results.
(2) In the electoral period, the Central Elections Commission is entitled to exercise fully its powers even in the case when it is not completed with representative members with a consultative right to vote.
[Article 26 as amended by the Law no.796-XV
from 25.01.2002]
[Article 26 as amended by the Law no.1227-XIV
from 21.09.2000]
[Article 26 as amended by the Law no.894-XIV
from 23.03.2000]
[Article 26 as amended by the Law no.268-XIV
from 04.02.1999]
[Title as amended by the Law no.268-XIV from
04.02.1999]
Article 27. Constitution of electoral districts and district electoral councils
(1)
The
Central Elections Commission shall, with at least 55 days before elections,
constitute the electoral districts correspond with territorial-administrative
units of the second level of the Republic of Moldova, and with at least 50 days
before the elections, the district electoral councils. The aforementioned term
shall be valid in case of elections of all levels as well as for republican
referendums when electoral districts and distract electoral councils are to be
constituted.
(2)
District
electoral councils shall be constituted having a composition of 7-11 members
with a deliberate right to vote, among which at least three persons shall have legal
background or public administration studies.
(3)
In case of
local elections or referendums, the district electoral councils shall be
constituted based on the proposals of local councils of the first level, or of
the executive committees of the respective rayon
councils, and in case there are no such these proposals, these shall be
formed by Central Elections Commission. To the extent possible, the district
electoral councils shall include persons with legal background.
(4)
Persons
candidates to the district electoral councils shall be proposed by the by the
local councils of the first level or by executive committees of the respective
rayon councils or on the basis of the list of qualified employees held by the
Central Elections Commission. Members of the district electoral council may not
be counselors in local councils, members of parties and other social-political
organizations participating in the elections.
(5)
Within
three days from the date of constitution of the district electoral council its
members shall elect from among them in a secret suffrage the chairman,
deputy-chairman and secretary of the council, informing immediately the Central
Elections Commission about the results of this elections.
(6)
Within 4
days from the date of its constitution, the district electoral council shall
bring to the public knowledge information concerning its address and the manner
of establishing contacts.
(7)
The
district electoral council shall adopt decisions with a majority of its members
with a deliberative right to vote.
(8)
The district electoral council shall be
assisted by an administration the staff of which is approved by Central
Elections Commission at the proposal of district electoral council. For the
period of being exonerated from duties of the permanent working place the
employees of the administration shall receive an additional payment of 25
percent to the salary.
[Article 27 as amended by the Law no.842-XV
from 14.02.2002]
[Article 27 as amended by the Law no.796-XV
from 25.01.2002]
[Article 27 as amended by the Law no.894-XIV
from 23.03.2000]
[Article 27 as amended by the Law no.268-XIV
from 04.02.1999].
Article 28. Tasks of the district electoral council
The district electoral
council shall have the following tasks:
a)
to
exercise control over enforcement of the provisions of the present code and of
other laws, which contain provisions related to organization of elections;
b)
to form
electoral committees of the polling stations and to supervise their activity,
to organize training courses for their members, to propagate the voting
procedure and the relevance of each vote;
[Entry b) as amended by the Law
no.268-XIV from 04.02.1999]
c)
to
distribute to the electoral committees of the polling stations financial means;
d)
to examine
information related to organization and unfolding of elections submitted by
local public administration authorities, directors of enterprises, institutions
and organizations;
e)
to
exercise control over the due elaboration and verification of the electoral
lists;
f)
to ensure the
electoral committees of the polling stations with the application forms for
electoral lists and reports, provision of ballot papers;
g)
to
register independent candidates and the lists of candidates from parties and
other social-political organizations, electoral blocs, brings to the knowledge
of the public information about these;
h)
to decide
upon the exoneration from duties of the permanent working place of members of
the councils and the electoral committees for the period of their activity in
the composition of the latter;
[Entry h) as amended by the law
no.796-XV from 25.01.2002]
[Entry h) introduced by the law
no.268-XIV from 04.02.1999]
i) to totalize the results of elections of the district, and to present to Central Elections Commission the respective acts, as well as the publication in the local press of the ballot results;
j)
to gather
information from the electoral committees of the polling stations regarding the
percentage of people coming to vote, to totalize the preliminary results of elections
in order to be remitted to Central Elections Commission;
k)
to examine
applications and contestations of the decisions and actions of the electoral
committees of the polling stations and to adopt executory decisions with regard
to them;
l)
to
exercise other actions related to organization and unfolding of the elections.
Article 29. Constitution of polling stations and of electoral committees of the
polling stations
(1)
In pursuit
of the purpose to organize the ballot and to count the votes, the electoral
districts shall be divided in polling stations.
(2)
The
district electoral councils from different localities shall constitute polling
stations based on the proposals of the mayors of towns (municipalities) and
villages, with at least 35 days before the elections date comprising at last 30
up till 3000 voters. For elections of all levels and republican referendums,
the same term is valid for the constitution of polling stations.
(3)
Special
polling stations may be formed with hospitals, resort houses, maternities,
asylums and hostels for old people. Such polling stations shall include at
least 30 voters.
(4)
Serving
voters shall participate in elections in the locality where the military unit
is dislocated.
(5)
In case of
parliamentary elections or republican referendum, polling stations shall be
constituted with each diplomatic mission or consular office of the
(6)
In case of
local, new or partial elections or local referendum when a district electoral
council of the second level is not formed, the Central Elections Commission
shall constitute polling stations and electoral committees instead.
(7)
The
district electoral council shall set numbers for each polling station of the
district and will bring to the knowledge of the public, information about the
area covered by each polling station, address of the electoral committee of the
respective polling station, address premises where elections are to take place
and the manner of contact relations.
(8)
Polling
stations shall be numbered starting with the locality of residence of the
district electoral council, then with that from municipalities, towns,
communities and villages, following an alphabetical order.
(9)
For the purpose
of exercising the duties provided by the present code, the mayor’s offices
shall offer all necessary support and information to the electoral committees
of the polling stations.
(10)
District
electoral councils shall constitute electoral committees of the polling
stations with at least 20 days before the elections day including 5-11 members
with a deliberative right to vote. For elections of all levels and republican
referendums, the same term is valid for the constitution of electoral
committees of polling stations.
(11)
The local
council shall propose the lists of members of electoral committee of the
polling station. In case of non-submitting the lists, members of the electoral
committee of the polling station shall be appointed upon the initiative of the
district electoral council in a 5 days term from the date of expiry of the term
indicated in (paragraph 10).
(12)
Within 2
days from the date of constitution of the electoral committee of the polling
station, its members shall elect from among themselves the chairman,
deputy-chairman and secretary of the electoral committee, adopting the
respective decision in order to immediately communicate it to the district
electoral council and for the purpose of bringing to the public knowledge,
information about composition and premises of the electoral committee as well
as the manner of contact.
(13)
Within
diplomatic missions and consular offices of the Republic of Moldova the
chairman and the secretary of the electoral committee of the polling station, and
in the case the diplomatic missions and consular offices have less than 3
employees, the suffrage shall take place through diplomatic mail, the ballot
papers being sent to Central Elections Commission no later than the elections
day.
(14)
In order
to ensure the exercise of the right to suffrage, the Central Elections
Commission is entitled to establish polling stations and electoral committees
of polling station in other cases as well.
(15)
Members of
the electoral committees of polling stations wit a deliberative vote may not be
counselors in the local councils, either members of a party or other
social-political organization participating in the elections.
[Article 29 as amended by the Law no.796-XV
from 25.01.2002]
[Article 29 as amended by the Law no.894-XIV
from 23.03.2000]
[Article 29 as amended by the Law no.1227-XIV
from 21.09.2000]
[Article 29 as amended by the Law no.268-XIV
from 04.02.1999].
Article 30. Powers of the electoral committee of the polling station
The electoral
committee of the polling station shall:
a)
verify the
electoral lists together with local public administration authorities, ensure
their integrity and of the ballot papers as well as it is responsible for the
adequate and full elaboration;
[Entry a) as amended by the Law
no.268-XIV from 04.02.1999]
b)
examine
the applications related to the inadequacies in the electoral lists, introduce
the necessary amendments and issues
certificates for eligible voters who are not at their residence on the
elections day;
c)
draw up
additional electoral lists, including also persons who will vote based on the
certificates for eligibility as well as of persons who out of different grounds
were not registered in the basic electoral lists;
d)
communicate
to the population residing on the area of the respective polling station, date
and place of suffrage, make the
necessary arrangements for the preparation of the building for the voting
procedure, installment of ballot boxes and cabins, organize the voting on the
established day, take measures to ensure order within the polling station;
e)
totalize
the results of elections in the polling station, draws up reports and submits them together
with all ballot papers to the district electoral council;
f)
examine
the applications and contestations related to the organization of elections,
adopting the appropriate decisions which
are to be attached to the reports meetings of the committee;
g)
remit to
the district electoral council data about the number of citizens coming to vote
as well as other data necessary for the totalization of the preliminary
elections’ results;
h)
exercise
other powers in accordance with the present code.
Supporting the councils and
electoral committees,
organization of activity,
changing structure and dissolution
Article 31. Supporting councils and electoral
committees
(1)
Public
authorities, enterprises, institutions and organizations, officials, parties
and other social-political organizations as well as their structures shall be obliged
to offer support to the councils and electoral committees in the exercise of
their duties, to provide them information and materials necessary for their
activity.
(2)
The
council and the electoral committee may notify public authorities, enterprises,
institutions and organizations, officials, parties and other social-political
organizations as well as their structures with regard to problems or
organization and unfolding of the elections, the latter being obliged to
examine the notification and to give an answer within three days from the date
when received, but no later then the elections day.
Article 32. Organization of activity of councils and electoral committees
(1)
During the
electoral period, the meetings of councils and electoral committees shall be
convoked and conducted by the chairman and in case of his absence or upon
request by the deputy-chairman. The meeting may be convoked also upon request
of 1/3 of members with deliberate votes from councils and committees.
(2)
Meetings
of councils and electoral committees shall be considered as deliberative if ½
with deliberative votes are present. Decisions of councils and electoral
committees shall be adopted with open ballot with the participation of majority
of members with deliberative votes and signed by the chairman and the
secretary. In case of parity of votes, the vote of council chairman or
committee shall be decisive. Members of councils and electoral committees who
do not agree with the taken decisions are entitled to express in written form their
opinion, which may be attached to the report of the meeting.
(3)
Decisions
of the council and electoral committees adopted in the ambit of its competence
shall be binding for public authorities, enterprises, institutions and
organizations, officials, parties and other social-political organizations as
well as their structures as well as for all citizens.
(4)
The
Central Elections Commission shall determine the number of members of electoral
authorities who may be exonerated from the duties of their permanent working
place as well as the term of such exoneration. These persons shall receive from
the financial means designed for elections a salary which is 25 percent bigger
than the average salary of their permanent working place, taking into account
the benefits, additional payments and indemnities but not lower than an average
salary per republic in the current year, or of the previous year, in case
elections took place in January or February. In case of employment of
pensioners or other temporary unemployed persons, the salary is the average per
republic in the current year, or of the previous year, in case elections took
place in January or February.
(5)
One may
conclude, upon necessity, individual labor contracts for the period of
providing certain services. The respective expenses shall be covered from the
means allocated for elections.
(6)
Members of
councils and electoral committees with deliberative vote may not make any
electoral propaganda in favor or disfavor of persons who are candidates for a
public eligible position; may not involve in political activities in support of
one or another electoral competitors; may not affiliate to any of them; may not
offer financial or other support, directly or indirectly to electoral
competitors. In case of local elections, the members of councils and electoral
committees with a deliberative vote may not be wives, kinsmen, and relatives of
the first and second degree of the candidate in elections.
[Article 32 as amended by the Law no.796-XV
from 25.01.2002]
[Article 32 as amended by the Law no.268-XIV
from 04.02.1999]
Article
33. Changing the composition
of the councils and electoral committees
(1)
The
membership in the council or electoral committee shall cease:
a)
upon
request;
b)
upon
dismissal.
(2)
The authority
or the electoral competitor, which proposed or appointed as member of council
or electoral committee, is entitled to dismiss the member of the council or
electoral committee.
(3)
In case a member
resigns or is being dismissed from the council or electoral committee before
the election day, another member may be appointed or proposed according to the
manner established by the present code.
Article
34. Dissolution of councils and electoral committees
(1)
Councils
and electoral committees, constituted under the present code, shall cease their
activity and are dissolved by virtue of a decision issued by the same electoral
authority which constituted them, within the shortest term possible after the
elections for the performance of which, these where formed.
[Paragraph
1, article 34 as amended by the Law no.268-XIV from 04.02.1999]
(2) As a rule, the district electoral councils and the electoral committee of the poling stations shall cease their activity when the Central Elections Commission (the respective district electoral council) brought to the knowledge of the public the final results of elections.
(3)
After the
dissolution of councils and electoral committees in conformity with the present
article, the remuneration shall cease and they return to their permanent
working place.
[Paragraph 3, article 34 as amended by the Law
no.268-XIV from 04.02.1999]
Chapter 4
FINANCIAL SUPPORT OF ELECTIONS
Article 35. Providing of necessary means for the organization of elections
(1)
Expenses
related to preparation and performance of elections shall be covered by the
state.
(2)
The
quantum of financial means shall be established by the Parliament in the limits
provided by the law on budget for the year when elections are to take place.
The Central Elections Commission shall submit the respective proposals to the
Government. After having them examined, the Government submits these proposals
for approval to the Parliament. In case the expenses for the current year are not
provided in the state budget, their quantum shall be determined by the
Parliament, at the proposal of Central Elections Commission.
(3)
After
elections, the Central Elections Commission shall present to the Parliament,
within the shortest term possible, a report on the administration of the
allocated financial means together with the advisory opinion of the Court of
Audit.
(4)
Unused
financial means shall become revenue of the state budget.
(5)
The
Central Elections Commission shall determine the manner of distribution and
utilization of financial means as well as shall decide upon the manner of
publication of the report on the management of allocated pecuniary means in
accordance with the present code.
(6)
The local
public administration authorities, enterprises, institutions and organizations
shall make available for the councils and electoral committees the necessary
premises and equipment for the organization, unfolding and totalization of
elections results.
(7)
Mass media
means financed from the budget shall publish free of charge statements and
materials presented by the electoral councils, the pre-elections programs of
the electoral competitors, as well as other materials referring to elections,
including those related to civic education and the information about elections
for voters.
Article 36. Interdiction on foreign subvention
(1)
The direct
or indirect financing, material support in any form of electoral campaigns of
candidates to elections as well as the support of electoral competitors by other
states, foreign enterprises, institutions and organizations, international and
mixed as well as by natural persons who are not citizens of the Republic of
Moldova. The pecuniary amounts received in this manner shall be seized and
become budget revenue.
(2)
In the
situation when the electoral candidate received on his account undeclared
financial means or means from abroad or being fully aware has made use of such
means, the Central Elections Commission shall submit an application to the
Supreme Court of Justice to request the annulment of his registration. The
Supreme Court of Justice shall examine the applications and issue an
appropriate decision within 5 days but not later than the elections day.
Article 37. Material support of the state of the electoral campaigns
(1)
Electoral
competitors are entitled to receive from the state non-interest loans. The
Central Elections Commission shall determine the quantum of loan.
(2)
The state
budget shall offer loans only based on financial representative appointed for
this purpose by the electoral candidate. The representative may be a natural
person or legal entity registered by the Ministry of Finance which shall be
liable together with the electoral competitor who appointed him.
(3)
Electoral
loans received from the state shall be paid completely or partially by the
state depending on the total number of valid votes given candidate from the
respective electoral district. The amount of money, determined by the division
of the loan to the number of voters participating in elections, then by
multiplication of the obtained result with the number of validly expressed
votes for the respective candidate shall be covered by the state.
(4)
Electoral
competitors who obtained less than 6 percent of the validly expressed votes on
the entire territory of the country or in the respective districts, including
the independent candidates who were not elected shall restitute the loans
received from the state budget within a two months term after the elections.
Other electoral competitors shall restitute the loans in a 4-month term.
[Article 37 as amended by the Law no.796-XV
from 25.01.2002]
[Article 37 as amended by the Law no.894-XIV
from 23.03.2000]
Article 38. Conditions and manner of financial support of electoral campaigns
(1) Indirect or indirect financing, material support through other forms of the electoral campaigns of electoral competitors by natural persons and legal entities from the country shall be done respecting the following conditions:
a)
financial
means and other forms of material support of activity of electoral competitors
in elections shall be declared in press in a one month term after the beginning
of the electoral campaign; in case parliamentary elections – shall be declared
in a publication circulating nationwide; in case of an independent candidate or
in a list of candidates while local elections – in a regional or district
publication;
b)
after
constituting the council or the respective electoral committee, the electoral
competitors shall be obliged also to declare the financial means and other
forms of material support, received from sources mentioned in the present
article, prior to making use of it;
(2) The electoral competitor shall open a bank account indicating “Electoral Fund”, transferring his own financial means, pecuniary amounts received from natural persons and legal entities from the country. The payment of such sums on the account of the electoral competitor may take place only with the prior consent of the latter. The Central Elections Commission shall determine the limit of means, which may be transferred to the fund of the electoral competitor.
(3) The electoral competitor shall confirm at the Central Elections Commission a person responsible for financial means (treasurer). The electoral competitor who does not open an account named “Electoral Fund” shall inform about this the Central Elections Commission.
(4) Legal entities may transfer pecuniary amounts to the account “Electoral Fund” only by transfer, with an informative note about the presence or the lack of the foreign share in the statutory capital.
(5) The electoral campaigns may not be financed or supported materially by:
a)
citizens
of the
b)
organizations
financed from the budget;
c)
anonymous
persons;
d)
charity
funds of religious organizations.
(6) Natural persons and legal entities may not order advertising materials for and in favor of electoral competitors or to cover expenses ancillary to produce these without the consent of electoral competitors on the basis of financial means which have not been transferred on the account “Electoral Fund” of the respective candidates.
(7) Financial means transferred on the account “Electoral Fund” may not be used for personal purposes. Electoral competitors are forbidden to offer to the voters money, presents, to distribute free of charge goods, including those originating from humanitarian aid or from other charity actions.
(8) The electoral competitors shall present once in two weeks to the respective electoral authorities financial reports, which shall include information revenues and expenditures done according to the destination.
(9) The bank shall inform the Central Elections Commission and the district electoral council about the financial means transferred on the account of electoral candidate within 24 hours after the transferal. The Central Elections Commission and district electoral council may request the Court of Audit or the Main State Tax Inspection of the Ministry of Finance to exercise control over the income sources, correctness of record and the due usage of finances by the electoral candidates.
(10) Central Elections Commission or the district electoral councils shall keep record including all data provided for in this article and shall make it available for the public for information. In the same time, the respective electoral authority shall group all data in order to draw up a weekly report regarding to the amount of contributions received by each competitor as well as the sources of the received financial means. Two days before elections, the respective electoral authority shall draw up a pre-electoral final report and a summarizing report, which includes all available data concerning the amount and sources of financial means received by the electoral competitors.
[Article 38 as amended by the Law no.796-XV
from 25.01.2002]
[Article 38 as amended by the Law no.1227-XIV
from 21.09.2000]
[Article 38 as amended by the Law no.268-XIV
from 04.02.1999]
(1)
Electoral
lists shall be drawn up by the mayor’s office, in two copies, for each polling
station. After being elaborated the electoral lists shall be verified at the
residence of the voters included as well as signed by the mayor of the locality
in order to be brought to the knowledge of the public at least 10 days prior to
the elections day.
[Paragraph 1, article 39 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 1, article 39 as amended by the Law no.894-XIV
from 23.03.2000]
[Paragraph 1, article 39 as amended by
the Law no.268-XIV from 04.02.1999]
(2)
The
electoral lists shall contain the name and surname of the voters as well as
their year of birth, home address, serial and number of their identity acts.
Mayors’ offices shall determine the order of voters’ registration.
(3)
Electoral lists which include military men
serving in military units, as well as members of their family, other voters
residing on the territory of military units shall be elaborated based on the
data provided by commanders of the aforementioned military units. Military men
residing outside military units, as well as members of their families shall be
included in the electoral lists at their domicile.
(4)
In polling
stations constituted in treatment and resort houses, hospitals and other
curative stationery institutions, electoral lists shall be drawn up based on
the data presented by chiefs of the aforementioned institutions.
[Paragraph 4, article 39 as
amended by the Law no.268-XIV from 04.02.1999]
(5)
Within
polling stations constituted outside the boundaries of the
[Paragraph
5, article 39 as amended by the Law no.1439-XIV from 28.12.2000]
(6)
The voter
may be included only in a single electoral list registered at one polling station
based on acts attesting their domicile within the area of the respective
polling station.
[Paragraph 6, article 39 as amended by
the Law no.268-XIV from 04.02.1999]
[The wording “based on the residence permit” of
the article 39, paragraph (6) was found] [unconstitutional by the
(7) In the situation when the voter changes his domicile in the period between the elaboration of electoral lists and election day, the electoral committee of the polling station shall issue upon his request, on the basis of passport or another identity act, a certificate in order to give him the right to vote. The voter who received such a certificate shall confirm this fact by signing in the electoral list in line with his name.
Article 40. Verification of electoral lists
(1)
Electoral
lists shall be exposed in the
premises of polling stations 10 days before the elections day. A copy of the
list shall be kept at the mayor’s office. The voters shall be informed about
the address of the polling station at least 7 days before elections.
[Paragraph 1, article 40 as
amended by the Law no.796-XV from 25.01.2002]
[Paragraph 1, article 40 as
amended by the Law no.894-XIV from 23.03.2000]
(2)
Voters
shall enjoy the possibility to take notice of the electoral lists and to verify
the correctness of their elaboration. They have the right to contest their
non-inclusion or exclusion from the list as well as against other errors
committed while registering their personal data.
Chapter 6
NOMINATION
AND REGISTRATION OF CANDIDATES
Article 41. Nomination of candidates
(1)
In case of
parliamentary elections, the process of nomination of candidates shall start
immediately after announcing about elections and ceases 30 days prior to
elections day. In case of local elections, candidates shall be proposed after
the creation of electoral districts and district electoral councils according
to article 120.
[Paragraph 1, article 41 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 1, article 41 as amended by the Law
no.1227-XIV from 21.09.2000]
[Paragraph 1, article 41 as amended by the Law
no.268-XIV from 04.02.1999]
(2) In case when all the requirements established by the present code are met, the following are entitled to nominate candidates for elections:
a)
parties
and other social-political organizations registered accordingly, before the
date of elections was set, in compliance with their statutes (regulations) and
the legislation into force;
b)
electoral
blocs, constituted by virtue of decisions adopted in conformity with statutes
(regulations) of constitutive parties and other social-political organizations,
which are duly registered by the Central Elections Commission – at the
parliamentary elections and local general elections – and in case of new
elections, within 15 days from the date of creating the electoral blocs, and if
constituted prior to the electoral period – within 15 days from the beginning
of this period;
c)
citizens
of the
[Paragraph 2, article 41 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 2, article 41 as amended by the Law
no.1422-XV from 15.12.2000]
Note: Amendments introduced by the Law no.894-XIV from 23.03.2000 were found unconstitutional based on the Constitutional Court Decision no.35 from 10.10.2000
[Paragraph 1, article 41 as amended by the Law
no.894-XIV from 23.03.2000]
(3)
The
statements of candidates with regard to their consent to propose their
candidacies shall be lodged as follows:
a)
Statements
of candidates for parliamentary elections - with the Central Elections
Commission;
b)
Statements
of candidates for the position of counselor in the local council in case of
local elections - with the district electoral councils.
[Paragraph 3, article 41 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 3, article 41 as amended by the Law
no.1227-XIV from 21.09.2000]
Article 42. Collection of signatures in support of the independent candidate and for the initiation of the referendum
(1)
Signatures
shall be collected only in support of the independent candidate or for the
initiation of a referendum. In case of local elections, signatures shall be
collected only in districts where there are independent candidates.
[Paragraph 2, article 42 as amended by the Law
no.894-XV from 23.03.2000]
(2)
Independent
candidates, members of groups of initiative who appoint and/or support the
independent candidates for elections, persons empowered by the latter, as well
as members of the group of initiative for the initiation of a referendum are
entitled to collect signatures.
[Paragraph 2, article 42 as amended by the Law
no.796-XV from 25.01.2002]
(3)
The lists
of signatures collected in support of the independent candidate as well as for
the initiation of the referendum, hereinafter subscription lists, shall contain
the name and surname, year of birth, profession (type of business), position,
working place, domicile and the political affiliation of the candidate, as well
as the name and surname of the person collecting the signatures. The
subscription list shall contain the signatures of the supporters residing in a
single area only.
(4)
In the
subscription list, the supporter of the candidate as well as the supporter of
the initiation of the referendum shall be indicated the current number, name
and surname, year of birth, domicile, serial and number of the identity act,
date of signature in the list and the signature itself.
[Paragraph 4, article 42 as amended by the Law
no.268-XIV from 04.02.1999]
(5) A voter may
support, by means of signature, a candidate within one single ballot only.
[Paragraph
5, article 42 as amended by the Law no.268-XIV from 04.02.1999]
(6) The person collecting the voters’ signatures shall sign each page of the subscription list in presence of leader of local public administration on the territory of which signatures have been collected. At the bottom of each page of the subscription list, the collector shall make a remark, stating the fact that he has collected signatures personally and that he confirms the authenticity of those who signed, and then applies his signature himself. The subscription list shall be authenticated by virtue of application, on each page, of the stamp of the respective local public authority.
Article 43. Submittal and verification of subscription lists
(1)
No later
than at least 30 days prior to the elections the respective electoral authority
shall start verifying the authenticity of signatures from subscription lists
which have been submitted as well as the eligibility to vote of persons
included in the lists, also the address of the domicile. Verification shall
take place within 5 days from the date of receiving the lists.
[Paragraph 1, article 43 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 1, article 43 as amended by the Law
no.894-XV from 23.03.2000]
[Paragraph 1, article 43 as amended by the Law
no.268-XIV from 04.02.1999]
(2) The electoral council shall inform the persons who have presented the subscription lists, about the results of verification, shall announce the total number of persons included in the subscription lists presented by each candidate at elections, as well as the number of valid signatures.
(3)
Persons collecting signatures for the
subscription lists shall be held liable for the authenticity of the data
included.
(4)
Subscription
lists drawn up before the established period for appointing candidates, which
have not been signed by the collector of signatures, as well as lists not
authenticated by the stamp of the local public administration authority.
Article 44. Registration of candidates
(1)
The
following documents shall be submitted, 30 days the latest before elections to
the Central Elections Commission or to district electoral councils for the
purpose of registration of candidates:
a)
protocol
of the session of the central or territorial body of the party, other
social-political organization or electoral bloc, concerning the appointment of
the candidate (list of candidates);
b)
subscription
lists including a sufficient number of signatures of persons supporting the
independent candidate;
c)
biography
data of the candidate;
d)
candidate’s
statement with his consent to candidate for the position he was proposed;
e)
statement
of the candidate about the real assets, bank deposits, securities, inherited
sums and incomes of the last two years preceding the year of elections, as well
as the sources of such incomes, including the profits from the investment funds
as interests, property lease, etc.
f)
statement
about the suspension during the electoral campaign of the office held prior –
for persons mentioned in article 13, paragraph (3).
(2)
Representatives
of parties, other social-political organizations, electoral blocs and
independent candidates shall lodge the acts necessary for registration only
after the Central Elections Commission and the district electoral councils make
public the information referring to the place (office) and time for receiving
the documents. This information is made public within a two days term when the
period for appointing candidates has started. In the situation when
representatives of several parties or social-political organizations, electoral
blocs, independent candidates submit all the necessary documents with the
registration office, the order of receiving documents shall be determined by
drawing lots.
(3)
The
respective electoral authority shall register the candidates appointed to
elections within 7 days after the documents listed in paragraph (1) have been
submitted.
(4)
Candidates
appointed for elections may not be employed and may not perform any activity
within a council or electoral committee during these respective elections.
(5)
The
electoral authority shall issue to the registered candidates identification
certificates as soon as possible but no later than 3 days from the
registration.
(6)
The
electoral authority shall make public in the mass media means financed from the
budget, the decisions regarding the registration of independent candidates or
the list of candidates.
(7)
After
expiry of the term provided for the registration, the respective electoral
authority shall publish integrally the list of registered candidates indicating
the name, surname, year of birth, domicile, political affiliation, profession
(occupation) as well as the name of party, or social-political organizations,
electoral blocs which proposed them.
[Article 44 as amended by the Law
no.796-XV from 25.01.2002]
[Article 44 as amended by the Law no.1227-XIV
from 21.09.2000]
[Article 44 as amended by the Law no.268-XIV
from 04.02.1999]
Chapter 7
ELECTORAL CAMPAIGN
Article 45. Representatives of electoral
competitors
(1)
Electoral competitors
may have representatives during each electoral campaign. These persons help
electoral competitors unfold their electoral campaigns, make electoral
propaganda, in their favor, and represent their interests in relations with
public authorities, voters, councils and electoral committees. The Central
Elections Commission or the district electoral council shall determine the
number of representatives.
(2)
Electoral
competitors select these persons independently and present them to the
respective electoral authority in order to have them registered and to issue
identity cards for them.
(3)
Central
Elections Commission shall register the representatives in parliamentary
elections. In case of elections for the position of councilor in the local
council, the representatives of the competitor shall be registered by the due
district electoral council.
[Paragraph 3, article 45 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 3, article 45 as amended by the Law
no.1227-XIV from 21.09.2000]
(4) Electoral competitors may at any moment before the day precedent to elections, suspend the powers of their representatives in order to substitute them with other persons.
(5) Upon request, the representatives of the electoral competitors may be exonerated from the duties of their permanent working place, without maintaining the salary. They may not be remunerated from means allocated for elections. During the electoral campaign, these representatives may not be dismissed or deprived of their powers from the working place without consent.
[Paragraph
5, article 45 as amended by the Law no.268-XIV from 04.02.1999]
(6) Representatives of electoral competitors holding public positions may not use public means and assets in electoral campaigns.
Article 46. Guaranteed rights of electoral competitors
(1)
Electoral
competitors shall participate equally in the electoral campaign, shall enjoy
equal rights in making use of mass media means, inclusively the radio and
television financed from the budget.
(2)
All
electoral competitors shall have equal possibilities in terms of
technical-material and financial support of the electoral campaign.
(3)
During the
electoral campaign the candidates shall enjoy the right to be exonerated from
duties of their permanent working place. The candidates enjoying this right
shall submit documents necessary for remuneration not later than 2 months from
elections day.
[Paragraph 3, article 46 as amended by the Law
no.842-XV from 14.02.2002]
[Paragraph 3, article 46 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 3, article 46 as amended by the Law
no.268-XIV from 04.02.1999]
(4) In case of parliamentary elections, the candidates have the right to free of charge trips in any type of public transportation (except for taxicabs) on the entire territory of the country, in case of local elections this right may be exercised only in the area of the respective electoral district.
[Paragraph 4, article 46 as amended by the Law
no.1227-XIV from 21.09.2000]
[Paragraph 4, article 46 as amended by the Law
no.268-XIV from 04.02.1999]
(5) During the electoral campaign, the candidates may not be dismissed or transferred to another working place or position without their consent to do so.
[Paragraph 5, article 46 as amended by the Law
no.268-XIV from 04.02.1999]
[Paragraph 6, article 46 excluded by the Law
no.1107-XIV from 30.06.2000,]
[the other paragraphs shall be renumbered]
[Paragraph 6, article 46 is declared
unconstitutional based on the
[Decision no.43 from 27.07.1999]
[Paragraph 6, article 46 as amended by the Law
no.268-XIV from 04.02.1999]
(6)
The
electoral competitor may withdraw his candidacy by means of a written statement addressed to
the electoral authority, which registered him but no later than 5 days before
elections. Parties, social-political organizations and electoral blocs may
introduce any amendments in the registered lists, respecting the same term and
the provisions of the articles 79 and 126.
[Paragraph 6, article 46 as amended by the Law
no.480-XIV from 02.07.1999]
[Paragraph 6, article 46 as amended by the Law
no.268-XIV from 04.02.1999]
(7)
In case
the electoral competitor withdraws his candidacy after the ballot papers have
been printed, the electoral committee of the polling station shall apply a
stamp near the respective candidate indicating in it “Withdrawn”.
(8)
The
electoral competitor who has withdrawn his candidacy shall be obliged to return
the technical-material and financial means, which have been allocated from the
budget for his electoral campaign.
Article 47. Electoral propaganda
(1)
Citizens
of the Republic of Moldova, parties and other social-political organizations,
electoral blocs, candidates and representatives of these candidates shall have
the right to subject to open discussions from all aspects the electoral
programs of electoral competitors, political, professional and personal of the
latter, as well as to spread propaganda in favor or disfavor of candidates in assemblies,
meetings, meetings with voters, through mass media means and other forms of
communication which exclude the violation of public order and ethic rules.
Spreading electoral propaganda in favor of the candidate shall be allowed only
after being registered by the elections authority.
(2)
Public
institutions of broadcasting shall offer during electoral campaign free of
charge broadcasting space to electoral competitors for public debates according
to the limits determined by Central Elections Commission. In case of paid
electoral advertisement, electoral competitors shall be offered broadcasting
space that does not exceed two hours for the entire electoral campaign,
inclusively no more than two minutes per day for each institution.
(3)
Private
institutions of broadcasting may, respecting equitable conditions for all
electoral competitors, organize debates in form of round tables, inviting
representatives of all electoral competitors, all together or in groups formed
according to certain criteria announced in advance by the Central Elections
Commission. The speeches of the participants in the program shall be timed, and
still all electoral competitors shall have an equal amount of time. The
broadcasting schedule of the respective program, approved by Central Elections
Commission, shall be brought to the knowledge of electoral competitors 7 days
prior to broadcasting each program. The broadcasting time for paid elections
advertisement may not exceed two minutes per day for an electoral competitor of
each institution.
(4)
In the
period of electoral debates, beside the free of charge broadcasting time, it is
not allowed to broadcast any advertisement material about the activity of
electoral competitors or with the participation of them personally of their
entrusted persons, of TV or radio reportages reflecting the meetings of
electoral competitors with the voters, materials about working visits of
candidates from among officials of republican or district level with
collectives of workers. No electoral competitor shall have priorities due to
the held position.
(5)
The
electoral competitor shall be responsible for the content of electoral
advertisement materials broadcast or published. Each advertisement material
shall include the name of electoral competitor, printing date, number of pieces
as well as the name of the printing house, which has published it.
(6)
Broadcasting
institutions, whether public or private, shall create to all electoral
competitors equal conditions for purchasing broadcasting time, soliciting equal
fees. Conditions for booking broadcasting time and the respective fees shall be
7 days before broadcasting the program. The broadcasting fee to be paid by
electoral competitors may not exceed the regular price of price for commercial
advertisements. The broadcasting time for electoral advertisements shall be
offered for one and the same time when broadcasted.
(7)
Publication
of opinion polls shall cease 10 days prior to elections.
(8)
On the
elections day, mass media means, shall not make open the results of opinion
polls of voters with regard to “aye” and “nay” or lack of votes for a
respective candidate before the polling stations are closed.
(9)
The
refusal to broadcast or publish electoral advertisement, under the present law,
for money or free of charge may be contested in the law court.
(10)
Electoral
competitors may organize meeting with the voters. Councils, electoral
committees and local public administration authorities are obliged to organize
them in such away that these unfold under equal conditions and terms.
(11)
During the
electoral campaign, as well as during the referendum, the broadcasting time
offered to press services of the Parliament, Government and President’s
administration may not be used for the purpose of electoral propaganda or that
related to being in favor or disfavor of a referendum.
(12)
Only after
registration by the respective electoral authority electoral competitors are
entitled to expose electoral billboards, the content of which may not run
counter the law or the rules of ethics.
(13)
Local
public administration authorities shall be obliged, within a 5-day term after
the registration of the electoral candidate, to determine and guarantee a
minimum number of places specially designed for electoral purposes. This
offered space to electoral competitors should be equal for all.
(14)
On the day
of elections and a day before no propaganda is allowed.
[Article 47 as amended by the Law no.796-XV
from 25.01.2002]
[Article 47 as amended by the Law no.894-XIV
from 23.03.2000]
[Article 47 as amended by the Law no.480-XIV from
23.03.2000]
[Article 47 as amended by the Law no.268-XIV
from 04.02.1999]
BALLOT PAPERS
Article 48. Model of ballot papers
(1)
Model and
text of the ballot paper for the elections in the Parliament shall be approved
by a decision of the Central Elections Commission. The Central Elections
Commission shall determine the model of ballot paper for the local elections,
while the text is approved by a decision of the respective district electoral
council.
[Paragraph 1, article 48 as amended by the Law
no.1227-XIV from 21.09.2000]
(2) The ballot paper shall be divided in quadrilaterals, according to the number of electoral competitors participating in elections. The surface of the quadrilateral shall be large enough to offer space in order to include name and surname, year of birth, profession, position, working place of the independent candidate, name of the party, social-political organization or electoral bloc which proposed the list of candidates or candidate, electoral sign or symbol of the electoral competitor, if wanted. No identical electoral signs or symbols shall be allowed.
(3)
Electoral
competitors are included in ballot papers according to the order of
registration by the respective electoral authority.
(4)
In the
quadrilateral, on the left side, there shall be printed the sign or symbol of
the electoral competitor which propped the list of candidates or candidate or
the electoral sign of the independent candidate, if wanted. Electoral signs and
symbols shall be presented to the respective electoral authority no later than
the last day of registration of electoral competitors.
(5)
In each
quadrilateral, on the right side, at a distance equal both from the upper and
lower sides, a circle with a diameter of 15 mm shall be printed, place where
the voter applies the stamp “Voted” in case he gives his vote to the respective
electoral competitor.
[Paragraph 5, article 48 as
amended by the Law no.894-XV from 23.03.2000]
(6)
Ballot
papers shall be elaborated according to the Law on the functioning of spoken
languages on the territory of the
(7)
In case
different types of elections organized simultaneously, ballot papers shall
differ by color.
Article 49. Preparation of ballot papers
(1)
Ballot
papers shall be printed following the indications of the electoral authorities.
Members of the electoral authorities as well as members and representatives of
electoral competitors may assist while manufacturing the pattern of the ballot
paper, when printing and when liquidating the pattern.
(2)
Ballot
papers shall be printed no later than three days before elections in a quantity
proportional to the number of voters.
(3)
Printed
ballot papers shall be kept by the district electoral council in order to be
remitted no long before elections to the electoral committee of the polling
station, confirming by a document of remittal. The Central Elections Commission
shall send to electoral committees of polling stations created outside the
(4)
Police
shall guard premises where ballot papers are kept. Only the chairman of
respective the district electoral council or the chairman of the electoral
committee of the polling station accompanied at least by two members of the
council or committee.
(5)
Representative
members of electoral competitors as well as the voters are entitled to take
knowledge of the samples of the ballot papers at the electoral committee of the
locality.
(6)
In
parliamentary elections, the Central Elections Commission shall send ballot
papers to the district electoral council no later than two days before
elections.
[Article 49 as amended by the Law no.796-XV
from 25.01.2002]
[Article 49 as amended by the Law no.1439-XIV
from 28.12.2000]
[Article 49 as amended by the Law no.1227-XIV
from 21.09.2000]
BALLOT
Article 50. Time and place of ballot
The ballot shall take place
on the elections day between 07.00 and 21.00. The electoral committee of the
polling station shall bring to the knowledge of the public, information about
the time and place of the ballot no later than 10 days before elections.
(1)
Within the
time designed for ballot it is forbidden to close the premises where the ballot
takes place or to suspend the ballot except for cases of mass disorders,
natural disasters, or other unexpected circumstances, which endanger the voters
or make impossible the further performance of the ballot. In such cases, the
chairman of the electoral committee of this polling station may suspend the
ballot for 2 hours the most, time when the premises are appropriately brought
in order or shall find another place for ballot, informing the voters about
this decision.
(2)
Persons
entitled to assist at the ballot may not be forced to leave the premises of the
polling station in case of ballot suspension.
Article 52. Ballot organization
(1)
The ballot
shall take place in special rooms with tables where ballot papers are being
handed, with cabins or rooms for secret ballot and ballot boxes. The ballot
boxes are to be placed in such away, that the voter in order to reach it, has
to pass through the cabin or secret ballot room. The polling station shall be
endowed with sufficient cabins or rooms for secret ballot in order to avoid
agglomeration.
(2)
In order
to ensure the proper order and to avoid agglomeration, the electoral committee
of the polling station shall determine a route for the voters, beginning with
the entrance to the tables where ballot papers are handed and finally toward
the rooms for secret ballot and ballot boxes.
(3)
The
polling station shall be arranged in such a way as to allow the members of
electoral committee and other persons authorized to assist at electoral
procedures to supervise continuously and under all aspects the process of
ballot, inclusively the identification of the voter, counting votes and
elaboration of reports.
(4)
Local
public administration authorities shall endow the polling station cabins,
ballot boxes and other necessary materials.
(5)
The
electoral committee of the polling station shall be responsible for the
organization of ballot, for the secrecy of expressing the will of voters, for
the endowment of rooms as well as for the maintenance of order.
(1)
Each
person shall vote personally. Voting instead of other persons is not allowed.
The electoral committee of the polling station hands in to the voter the ballot
paper, according to the electoral list, only after the latter presents the
identity act. After having received the ballot paper, the person shall sign in
the electoral list where his name is indicated.
(2)
The voters
from the area of the polling station who are not included in the electoral
lists shall be included in an additional list after presenting a document
certifying their legal residence located in the area of the respective polling
station. The voters who came to the polling station with a certificate
confirming the eligibility to vote shall be also included in the additional
list. This certificate shall be kept by the polling station and is attached to
the additional list. Voters who have not been included in the electoral lists
drawn up by polling stations formed outside the territory of the
a)
name and
surname of the voter;
b)
date and
place of birth;
c)
last place
of residence in the
[Paragraph 2, article 53 as
amended by the Law no.1439-XIV from 28.12.2000]
[Paragraph 2, article 47 as
amended by the Law no.268-XIV from 04.02.1999]
(3)
The
chairman and members of the electoral committee of the polling station shall
vote in the station where they unfold the activity, and if necessary, after
being included in the additional list based on the certificate for vote.
(4)
The
chairman of the electoral committee of the polling station shall keep record of
all-important events, which took place during the ballot and while counting the
number of votes. Upon the request of the committee members or of persons
authorized to assist the electoral procedure, the chairman shall note the
comments and objections expressed with regard to the ballot procedure in a
document that is attached to the reports of the electoral committee of the
polling station.
Article
54. Procedure of filling in
the ballot paper
(1)
The voter
shall fill in the ballot paper only in the room for secret ballot. The voter
who is not capable to personally fill in is entitled to invite another person
in the ballot room, except for representative members of the electoral
competitors as well as persons authorized at the electoral procedure.
(2)
The voter
shall apply the stamp with the word “Voted” in the internal part of the circle
of one single quadrilateral of the ballot paper, which means that the person
has given the vote to the respective electoral competitor. Circles from of
other quadrilaterals shall remain clean.
(3)
No ballot
paper may be taken out of the premises of the polling station.
(4)
A voter
may give the vote for one electoral competitor only.
(5)
Before the
voter introduces the ballot paper in the ballot box, one of the electoral
committee polling station members who are permanently near the ballot box shall
apply on the verso of the ballot paper the special stamp of the electoral
committee of the polling station.
(6)
In case
the voter filled in erroneously in the ballot paper, the electoral committee of
the polling station shall annul upon request this ballot paper and hand in
immediately another, but only once. This shall be mentioned in the report on
the ballot and in the electoral list.
(7)
The voter
shall introduce the filled in ballot paper into the ballot box.
[Article
54 as amended by the Law no.796-XV from 25.01.2002]
[Article
54 as amended by the Law no.894-XIV from 23.03.2000]
Article 55. Ensuring security of the ballot process
(1)
On the
elections day, at 07.00, the chairman of the electoral committee of the polling
station, in the presence of at least half of members of the committee, shall
verify the ballot boxes, seals them, verifies the electoral lists, ballot
papers, stamps and declares the ballot open. The chairman invites other members
of the committee, persons authorized to assist the ballot procedure as well as
the voters present at that moment at the opening of the station to supervise
his actions.
(2)
The ballot
papers shall be kept in a safe place within the polling station, in packages of
100 pieces each, and are handed to the chairman of the electoral committee of
the polling station, other committee members in order to be distributed to the
voters according to necessity.
(3)
Members of
the electoral committee of the polling station, representative members of the
electoral competitors and persons authorized to assist at the electoral
operations are obliged to wear visible badges of identity. Persons entering the
polling station shall not wear or show badges, signs or other symbols or
electoral propaganda.
(4)
In the
situation when the voter, out of health reasons or based on other justified
grounds may not personally come to the polling station the electoral committee
of the polling station shall appoint, upon a verbal or written request of the
latter, at least two members of the committee, who with help of an mobile
ballot box and material necessary for the ballot shall go to the place where
the voter resides in order to make it possible for him to vote. In the
electoral list, where the name of the person is indicated the following remark
shall be written, “Voted where residing”.
(5)
Persons
held in custody based on an arrest warrant till the sentence of the court is
delivered as well as persons convicted to deprivation of liberty the sentence
of which is not yet final, those who enforce an administrative sanction in form
of arrest shall vote in compliance with paragraph (5).
(6)
In case
the chairman of the electoral committee of the polling station authorizes the
transportation of a mobile ballot box outside the premises of the station, this
shall be communicated to representative members of the electoral competitors
and persons authorized to assist at the electoral operations, offering them the
possibility to accompany the mobile ballot box and, whether necessary, to make
use of personal transportation means.
(7)
The
chairman of the electoral committee of the polling station shall be responsible
for the order during elections within the polling station as well as on the
territory surrounding it, in an area of 100 meters from the ballot place.
Decisions taken for this purpose are binding for all.
(8)
The
following persons are entitled to assist at all meetings of the electoral
authorities, while counting and totalization of the number of votes, in
procedures related to electoral lists, ballot papers, voting certificates,
elaboration of totalization reports of elections or referendum results:
a)
members
and representatives of the hierarchically superior electoral authorities;
b)
members
representatives of electoral competitors in the electoral authorities;
c)
local,
national, foreign and international observers accredited by the respective
authorities
d)
mass media
representatives.
No other person shall stay in the polling station longer than necessary
for exercising the voting.
(9)
It shall
be forbidden to enter the premises of the polling station with fire arms or
light weapons, except for representatives of police who may enter to vote or to
help restore the legal order when requested by the chairman of electoral
committee of that polling station.
[Article 55 as amended by the Law no.796-XV
from 25.01.2002]
[Article 55 as amended by the Law no.894-XIV
from 23.03.2000]
[Article 55 as amended by the Law no.268-XIV
from 04.02.1999]
(1)
After the
expiration of the time reserved for voting, the chairman of the electoral
committee of the polling station shall announce the conclusion of voting and
shall order the closing of the polling station. The electoral committee of the
polling station shall start counting the votes.
(2)
Before
opening the ballot boxes, all unused ballot papers shall be counted and
annulled by the electoral committee of the polling station, by applying the
stamp “Annulled”.
(3)
After
having checked the integrity of the seals from the ballot boxes, the chairman
of the electoral committee of the polling station, in the presence of the
committee’s members and of the persons authorized to assist at electoral
operations, shall open the boxes. First, the mobile ballot boxes shall be
opened and the ballot papers from inside them shall be counted. Then, the rest
of the boxes shall be opened.
(4)
The
polling station shall be provided with enough desks, so that all the ballot
papers taken from the boxes are counted in the same place, in the sight of all
the members of the electoral committee of the polling station and of the rest
present. On the desks deigned for votes’ counting, there shall be put the
pennants with the names of the electoral competitors.
(5)
Before counting
the votes obtained by the competitors, the electoral committee of the polling
station shall fix the number of voters that were issued ballot papers, based on
the number of voters included in the electoral lists and additional lists, next
to the names of whom there is a signature applied.
(6)
The ballot
papers from the mobile ballot boxes shall be counted at first separately, shall
be confronted with the number of ballot papers issued for this purpose, than
shall be added to the rest of the ballot papers in order to count the number of
votes obtained by electoral competitors.
(7)
According
to the procedure established by the electoral committee of the polling station
or disposed by the Central Elections Commission or by the district electoral
council, the members of the electoral committee of the polling station shall
open the ballot papers to determine the voted electoral competitor. The ballot
papers including the votes in favor of a given electoral competitor shall be
counted and tied separately and once established the voting results, they shall
be recorded in a special form for votes’ counting.
(8)
Before
writing in the protocol the number of votes obtained by the electoral
competitors, the members representing the electoral competitors and persons
authorized to assist in electoral operations shall be given the possibility to
check the data from the special form for votes’ counting.
(9)
The
electoral committee of the polling station shall not include invalid ballot
papers in the total number of validly expressed votes.
(10)
Since the
moment the polling station is closed, the electoral committee of the polling
station shall assemble during the votes’ counting and drawing up of the
protocols and report of the electoral committee. The members of the electoral
committee of the polling station shall stay at the polling station in order to
participate in the electoral operations, save the cases of physical disability
or other exceptional circumstances.
Article 57. Invalid ballot papers
(1)
Invalid
shall be considered the ballot papers which:
a)do not have the control stamp of the committee
of the polling station on them;
b)
are of a
different model than the established one;
c)have the stamp “Voted” applied in several
quadrilaterals;
d)
were not
applied the stamp “Voted” in any circle of any quadrilateral;
e)contain additional names of the electoral
competitors written by the voters;
f)
were deformed or scribbled in such a way
that the voter’s choice is not clear any more.
(2)
The ballot
paper may not be declared invalid simply because the voter applied the stamp
“Voted” several times in one quadrilateral or because the stamp was applied
outside the circle from the quadrilateral or on the logotype or symbol of the
electoral competitor, but the voter’s choice is nevertheless clear.
(3)
The
chairman of the electoral committee of the polling station shall give the
possibility to the members of the committee and to the persons authorized to
assist at electoral operations to examine the ballot paper that is to be
considered invalid.
(4)
If the
members of the electoral committee of the polling station doubt the validity of
the ballot paper, voting shall solve the problem, and the voting result shall
be recorded in the protocol of the committee’s meeting.
[Article 57 as amended by the Law no.796-XV
from 25.01.2002]
[Article 57 as amended by the Law no.894-XIV
from 23.03.2000]
Article 58. Protocol and report of the electoral committee of the polling station
(1)
The
electoral committee of the polling station shall draw up a protocol, in two
copies, comprising:
a)
the number
of voters included in the electoral lists;
b)
the number
of voters included in the additional lists;
c)
the number
of voters who were delivered ballot papers;
d)
the number
of voters that took part in the elections;
e)
the number
of ballot papers declared invalid;
f)
the number
of validly expressed votes for each electoral competitor (for each option
regarding the questions subjected to referendum);
g)
the total
number of validly expressed votes;
[Entry g) introduced by the Law no.268-XIV from
04.02.1999]
h)
the number
of ballot papers received by the electoral committee of the polling station;
i)
the number
of unused and annulled ballot papers.
(2)
In case of
parliamentary elections, the form of the protocol shall be established by the
Central Elections Commission, and in case of local elections – by the
respective district electoral council. The respective district electoral
council shall provide the electoral committees of the polling stations with the
necessary number of forms of protocol in the day of elections.
[Paragraph 2, article 58 as amended by the Law
no.1227-XIV from 21.09.2000]
(3)
The
results of the votes’ counting shall be examined in the meeting of the
electoral committee of the polling station and shall be recorded in a protocol,
signed by the chairman, deputy chairman, secretary and the rest of the
committee’s members. The absence of signature of some members of the electoral
committee of the polling station shall not influence the validity of the
protocol. The reasons of the signature’s absence shall be mentioned in the
committee’s report.
(4)
The
protocol on the elections’ results shall be drawn up in several copies, in the
presence of the members of the electoral committee of the polling station,
representatives of the electoral competitors and of other authorized persons.
One copy of the protocol shall be kept at the electoral committee of the
polling station, one copy shall be submitted to the district electoral council,
and the rest copies shall be necessarily handed over to the electoral
competitors.
[Paragraph 4, article 58 as amended by the Law
no.894-XIV from 23.03.2000]
(5)
The
chairman of the electoral committee of the polling station shall prepare the
committee’s report based on the written record of the activities unfolded by the
committee in the electoral period. The report shall include a short summary of
the applications and contestations regarding the actions of the electoral
committee of the polling station and of the decisions taken by the committee
based on them. The chairman shall sign the report and shall give the
possibility to the rest of the committee’s members to write their comments and
amendments to the report and to sign it. The applications and contestations
shall be attached to the report.
(6)
The
chairman of the electoral committee of the polling station shall convey to the
district electoral council, as soon as possible, but not later than 18 hours
after the announcement of the polling stations’ closing, the ballot papers with
the validly expressed votes for each electoral competitor, the protocol, the
report, the invalid, annulled or contested ballot papers, the applications and
contestations - all these being sealed in a box (package). The transportation
of the sealed box (package) shall be escorted by the police, the chairman and
by at least two members of the electoral committee of the polling station. The
electoral committees of the polling stations constituted abroad the
[Paragraph 6, article 58 as amended by the Law
no.1439-XIV from 28.12.2000]
(7)
The stamps
of the electoral committee of the polling station shall be closed in a box
(package) that shall be kept at the polling station. After the termination of
elections, the seals shall be forwarded to the district electoral councils, at
their request.
Article 59. Totalization of the voting results by the district electoral council
(1)
After
having received the protocols and reports from the electoral committees of the
polling stations, the district electoral council shall, at first, establish the
number of voters who had participated in the elections and shall immediately
convey this information to the Central Elections Commission. In case if the
number of voters who had taken part in the elections from the entire district
is smaller than needed for declaring the elections as valid in that district,
the district council shall notify the Central Elections Commission about this
fact. The Central Elections Commission or the district electoral council shall
make a public announcement of declaring the elections as invalid nation-wide or
in that particular district.
(2)
Based on
the protocols submitted by the electoral committees of the polling stations,
the district electoral council shall establish on the whole district:
a)
the number
of voters included in the electoral lists;
b)
the number
of voters included in the additional lists;
c)
the number
of voters who were delivered ballot papers;
d)
the number
of voters that took part in the elections;
e)
the number
of ballot papers declared invalid;
f)
the number
of validly expressed votes for each candidate (for each options regarding the
questions subjected to referendum);
g)
the total
number of validly expressed votes;
[Entry g) introduced by the Law no.268-XIV from
04.02.1999]
h)
the number
of ballot papers received by the district electoral council ;
i)
the number
of unused and annulled ballot papers.
(3)
The
district electoral council shall record the results of totalization of the
nation-wide number of votes in a protocol, signed by all the council members,
who had the opportunity to make written comments on the protocol.
(4)
The
district electoral council shall submit the protocol on the totalization of the
district elections' results to the Central Elections Commission within 48 hours
after the polling stations were closed.
Article 60. Elections’ results totalization by the Central Elections Commission
(1)
In case of
nation-wide parliamentary, local elections and of republican referendum, the
Central Elections Commission, based on the documents submitted by the district
electoral councils, shall draw up, within 5 days a protocol comprising:
a)
the number
of voters included in the electoral lists;
b)
the number
of voters included in the additional lists;
c)
the number
of voters who were delivered ballot papers;
d)
the number
of voters that took part in the elections;
e)
the number
of ballot papers declared invalid;
f)
the number
of validly expressed votes for each candidate (for each option regarding the
questions subjected to republican referendum).
g)
the total
number of validly expressed votes;
[Paragraph 1, article 60 as amended by the Law
no.1227-XIV from 21.09.2000]
[Entry g) introduced by the Law no.268-XIV from
04.02.1999]
(2) Central Elections Commission
shall record the totalization of all nation-wide voting results in a protocol
signed by all commission’s members and shall draw up a report regarding the
results of elections.
(3)
The
documents mentioned in paragraph (2) shall be submitted, if the case, to the
Article 61. Announcement of preliminary results
(1)
Before
getting the voting results from all the hierarchic inferior electoral councils
and committees, the electoral authority in charge of totalization of the
elections’ results shall bring, periodically, to public knowledge the
preliminary results, as soon as possible after their receiving.
(2)
After
having got the voting results from all the hierarchic inferior electoral
councils and committees, the electoral authority in charge of totalizing the
elections’ results shall bring, as soon as possible, to public knowledge the
overall results of elections, if the contestations that were submitted to it or
to the court do not influence the results of elections.
(3)
The
following authorities shall be in charge of totalizing the final elections'
results:
a)
Central
Elections Commission – in case of parliamentary elections, general local
elections and republican referendums;
b)
Respective
district electoral council – in case of local elections and referendums.
[Paragraph 3, article 61 as amended by the Law
no.1227-XIV from 21.09.2000]
Article 62. Keeping the electoral documents
(1)
The
electoral documents shall be kept at the Central Elections Commission.
(2)
At the end
of the electoral period, the district electoral council shall dispose of the
electoral documents and materials as described bellow:
a)
lists of
candidates, annulled ballot papers, invalid and contested ballot papers,
protocols, reports and contestations got by the district electoral councils
from the electoral committees of the polling stations shall be forwarded to the
Central Elections Commission;
b)
valid
ballot papers received from the electoral committees of the polling stations shall
be forwarded to the court in the district of which the electoral council is
situated;
c)
stamps of
the electoral committees of the polling stations and of the district electoral
councils, as well as the rest of the electoral materials shall be forwarded to
the Central Elections Commission.
(3)
The
Central Elections Commission shall draft a regulation on the access to the
documents listed in this article, be it necessary to prolong the elections (to
validate the subsidiary candidates), to make historical enquiries,
investigations in field of elections’ organization and unfolding, to study the
electoral practice and in other grounded cases.
[Paragraph
3, article 62 as amended by the Law no.1107-XIV from 30.06.2000]
Note: The amendment introduced by
the Law no.480 from 02.07.1999 is declared unconstitutional by the
[Paragraph
3, article 62 as amended by the Law no.480-XIV from 02.07.1999]
(1) At the request of the electoral
opponents, the district electoral council shall accredit an observer for the
supervision of elections at the polling stations. The trusted persons of the
candidates may also be accredited as observers. If the district electoral
council rejects the candidacy proposed for accreditation by the electoral
opponent in compliance with the provisions of this Paragraph graph, it shall
brief him on the grounds of the taken decision.
(2) At the request of the electoral
opponents, the Central Elections Commission shall accredit an observer for the
supervision of elections at the polling stations established abroad the
[Paragraph 2, article 63 as amended by
the Law no.1439-XIV from 28.12.2000]
(3) The Ministry of External Affairs
shall accredit, as observers of elections, representatives of international
organizations, foreign governments and foreign non-governmental organizations.
(4) Based on the decision of the
Central Elections Commission, the district electoral councils shall accredit
observers representing qualified public associations from the
(5) Accredited observers shall be
entitled to assist at all the electoral operations, including the ones carried
out on the day of elections, without interfering with the electoral process, or
at other electoral operations carried out by the electoral councils and
committees and to inform the chairman of the electoral council or committee
about the found violations. Observers may, at their own expense, request copies
of electoral documents.
Article 64. Reflection of elections in mass
media
(1) During the electoral period, mass
media shall reflect the unfolding of elections according to the regulation
approved to this end by the Central Elections Commission.
(2) Mass media representatives shall
enjoy all the rights of accredited observers.
(3) In the elections' day, before the
polling stations are closed, it shall be prohibited to publish in mass media
the materials, including interviews with the voters, about the number of votes
gathered by the electoral candidates over the day and about their chances.
(4) Ten days before the elections, as
well as in the elections' day, mass media shall not be entitled to bring to
public knowledge the results of the sociologic polls among voters or another
representative sample, that would indicate upon the eventual results of
elections.
[Article 64 as amended by the Law
no.796-XV from 25.01.2002]
Chapter 12
COURT PROCEDURES
Section 1
Contestations of the management and unfolding of elections
(1) Voters and electoral competitors
may contest the actions and decisions taken by the electoral committees and
councils at the hierarchic superior authorities and courts.
(2) The contestation shall comprise its
grounds, evidence it is based on, signature and identification data of the
lodger.
Article 66. Contestation lodging
(1) The actions and decisions taken
by the electoral authorities may be contested within a 3-days term since the
date the action or decision has been taken.
[Paragraph
1, article 66 as amended by the Law no.403-XIV from 14.05.1999]
(2) Contestations regarding the
actions and decisions of the electoral committees of the polling stations and
of the district electoral councils shall be lodged with the court in the
district of which the committee or council is situated.
(3) Contestations regarding the
actions and decisions of the Central Elections Commission shall be lodged with
the Supreme Court of Justice.
Article 67. Contestations' consideration
(1) The contestations regarding the
actions and decisions taken by the Central Elections Commission during the
electoral period shall be considered within a 5-days term since their lodging,
but not later than the day of elections.
(2) The contestations regarding the actions
and decisions taken by the district electoral councils and committees of the
polling stations shall be considered within a 3-days term since their lodging,
but not later than the day of elections.
(3) The contestations lodged with the
courts in the elections' day shall be considered in the same day, and the
contestations against the decisions taken by the electoral authority concerning
the totalization of the elections' results and the court shall consider
attribution of mandates at the same time with the confirmation of legality and
validation of mandates.
(4) The courts’ schedule shall be
organized in such a manner that the contestations may be lodged with and
considered without delay.
(5) The contestations lodged with the
courts shall be considered in compliance with the provisions of the Civil
Procedure Code and Law on administrative jurisdiction.
[Article
67 as amended by the Law no.796-XV from 25.01.2002]
[Article
67 as amended by the Law no.403-XIV from 14.05.1999]
Article 68. Courts’
judgements on contestations
(1) The court shall adopt and deliver
the judgment considered in compliance with the provisions of the Civil
Procedure Code and Law on administrative jurisdiction.
(2) The court, having considered the
materials on the confirmation of elections’ legality and validation of
mandates, shall adopt a judgment in which it shall confirm the elections’
legality from the respective district, shall validate the mandate of the
elected counsellors, as well as the list of subsidiary candidates.
(3) If the court had established the
elections’ legality, but there were found calculation errors, the court ex
officio or upon the request of the parties in trial shall annul entirely or
partly the protocol and shall exclude the electoral competitor which got less
validly expressed votes, replacing him with another electoral competitor, which
got a bigger validly expressed votes, in a decreasing order.
(4) The court shall not confirm the
results of the local elections in the respective district if it found
violations committed during the elections or the totalization of results, if
these violations had influenced the outcome of elections.
(5) The court’s judgment shall be
final and enforceable since its delivery.
(6) The court judgment may be
appealed in recourse order within a 3-days term since its delivery.
(7) The recourse shall be considered
within a 3-days term since the getting of the respective file.
[Article 68 as amended by the Law
no.796-XV from 25.01.2002]
[Article 68 as amended by the Law
no.403-XIV from 14.05.1999]
Section 2
Liability for violation of electoral legislation
Persons who, by means of violence, deceit, threatening, substitution or by any other means, hinder the free exercise of the citizens’ electoral rights, persons who purposefully spread misinformation about electoral competitors, commit other actions that infringe the honor and dignity of candidates, carry out election propaganda in the day of elections and in the bay before it, hinder the activity of the electoral councils and committees or the voting at the polling stations shall incur liability in compliance with the legislation into force.
Article 70. Criminal liability
(1)
The
following actions shall be considered as criminal offences, for which criminal
sanctions shall be applicable according to the Criminal Code's provisions:
a)
hindrance
of free exercise of the citizens’ rights to elect and be elected, same
perpetration joined by the cause of severe bodily injuries and jeopardizing of
human lives;
b)
falsification
by any means the results of elections;
c)
opening
the ballot boxes before the term established by law for the end of voting;
d)
assault of
the polling stations’ premises, stilling of the ballot boxes or the electoral
documents.
(2)
The
criminal cases concerning the offences provided in Paragraph (1) shall be dealt
by the prosecution authorities.
(3)
The
chairmen of the electoral authorities and other officials shall be bound to
inform immediately the prosecution authorities about the actions which, in
their view, comprise the elements of the criminal offences related to elections
and which became known to them.
[Paragraph 3, article 70 as amended by the Law
no.268-XIV from 04.02.1999]
Article 71. Administrative liability
(1)
The
following actions shall be considered as administrative offences, if not
declared criminal offences in compliance with article 70 of this Code, for
which administrative sanctions shall be applicable according to the
Administrative Offences Code's provisions:
[Paragraph 1, article 71 as amended by the Law
no.268-XIV from 04.02.1999]
a)
failure of
officials to supply information and materials requested by electoral
authorities, as well as failure to fulfill their decisions;
b)
destruction,
deterioration by any means of the electoral lists or electoral billboards;
c)
holding by
officials of electoral assemblies with alcoholic beverages ' selling and
drinking and failure to take certain
measures for the proper unfolding of these assemblies;
d)
acknowledged including in the electoral lists of persons
who are not entitled to vote according to this Code, of fake persons or willful
including of one person in several lists, as well as the groundless refusal to
receive and settle the contestations regarding electoral operations;
e)
deliberate
acceptance to include a person in several lists of candidates;
f)
failure of
the electoral authorities’ members to bring to the public knowledge the
proposals of candidates’ nomination;
g)
use of
funds received from abroad or undeclared publicly;
h)
hindrance
of access in the voting premises or hindrance of the exercise of the voting
rights by the qualified voters;
i)
refusal to
fulfill the orders of the chairman electoral committee of the polling station
regarding the ensurance of order in the voting premises and on the neighboring
territory;
j)
unjustified
handing over of the ballot paper to the voter included in the electoral list or
handing over of more ballot papers than prescribed by law to one person;
k)
groundless
leaving of the voting premises before the totalization of elections’ results
and signing the protocol by the members of the electoral committee of the
polling station;
l)
continuing
of election propaganda in the day of elections and the day before it;
[Entry l) as amended by the Law no.268-XIV from
04.02.1999]
m)
taking of
the ballot paper handed over for voting away from the polling station premises;
n)
faking of
signatures on subscription lists.
(2)
Finding of
the administrative offences provided in paragraph (1) shall be made in
protocols drawn up, upon the case, by the mayor of locality, chairmen of the
electoral authorities or by the police officers fulfilling their duties of
ensuring the security of electoral operations.
(3)
Protocols
of finding the administrative offences shall be transmitted to the court in the
district of which the offence had occurred.
T i t l e III
PARLIAMENTARY ELECTIONS
Article 72. Scope of this title
The provisions of this
title (article 72 - article 94) shall be applicable only to parliamentary
elections.
Article 73. Parliamentary elections
(1)
The Parliament
shall be elected by universal, equal, direct, secret and freely expressed
suffrage for a 4-years mandate.
(2)
The
parliamentary elections shall take place on a single national electoral
district, on which 101 deputies shall be elected.
Article 74. Administrative electoral districts and polling stations. District
electoral councils and electoral committees of the polling stations
(1)
For
purposes of management and unfolding of elections, the Central Elections
Commission shall set up, at least 55 days before them, administrative electoral
districts corresponding to second level administrative-territorial units of the
Republic of Moldova and, at least 50 days before the elections, district
electoral councils under the conditions set forth in article 27, which shall be
applied accordingly. The powers of the district electoral councils are
indicated in article 28, save the provisions of entry g), which shall be
applied accordingly.
(2)
Electoral
districts shall be divided in polling stations, under the conditions set forth
in article 29, which shall be applied accordingly.
(3)
In the
polling stations electoral committees shall be set up, the constitution mode of
which is provided in article 29 and article 30 and shall be applied
accordingly.
[Article 74 as amended by the Law no.796-XV
from 25.01.2002]
[Article 74 as amended by the Law no.268-XIV
from 04.02.1999]
Article 75. Candidates running for the
Parliament deputy position
As
Parliament deputies there may be elected
Article 76. Fixing the date of elections
(1) Elections of the Parliament
deputies shall take place 3 months the most since the Parliament’s mandate
expiration.
(2) The date of the parliamentary
elections shall be fixed by a Parliament decision, issued at least 60 days
before the elections' day.
(3) In case of Parliament’s
dissolution, the date of the new Parliament elections shall be fixed in the
same decree of the President of the
[Article 76 as amended by the Law no.796-XV
from 25.01.2002]
[Paragraph 3, article 76 as amended by the Law
no.894-XIV from 23.03.2000]
Article 77. Registration of the electoral competitors
In order to be registered by the Central Elections Commission, the electoral competitors shall submit the documents provided in article 44.
Article 78. Special conditions for subscription lists
(1)
The
subscription lists in support of independent candidates shall be drawn up and
checked under the provisions of article 42 and article 43, which shall be
applied accordingly.
(2)
In order
to be registered by the Central Elections Commission, the independent candidate
shall submit subscription lists, containing at least 2000 and at most 2500
signatures of supporters who are qualified voters.
[Paragraph 2, article 78 as amended by the Law
no.268-XIV from 04.02.1999]
(3) If during the verification of the
subscription lists by the Central Elections Commission fake signatures or
repeated signatures in several lists are detected, these signatures shall be
excluded.
(4)
If during
the verification it is established that the required number of signatures is
not fulfilled or if after the exclusion of invalid signatures their number is
reduced comparing to the minimal number of signatures provided by Paragraph
(2), the independent candidate shall not be registered and this decision shall
be brought to his knowledge within 24-hours since it has been taken.
[Paragraph 4, article 78 as amended by the Law
no.268-XIV from 04.02.1999]
(5) It shall be prohibited to submit
additional subscription lists after the verification of the subscription lists
carried out by the Central Elections Commission.
Article 79. Special conditions for the registration of the candidates’ lists
The number of
candidates included in the lists on the date of registration shall not be lower
than 51 persons and not greater than the number of seats in the Parliament,
provided in the Constitution, plus two subsidiary candidates.
Article 80. Modification of the candidates’ lists
(1)
Electoral
competitors shall be entitled to withdraw their candidacy, to withdraw the
whole list of candidates, to repeal the decision of including a certain
candidate in the list, and the political parties and other social political
organizations shall be entitled to leave a certain electoral bloc, withdrawing
their candidacies from the lists of the respective bloc, but not later than 5
days before the elections' day.
[Paragraph 1, article 80 as amended by the Law
no.268-XIV from 04.02.1999]
(2)
The
decision on the withdrawal of the candidacy or of the candidates’ list shall be
taken by the person or formation that nominated him/it, shall be submitted to
the Central Elections Commission which shall be bring it to public knowledge.
(3)
The
candidate may be replaced before the expiration of the candidates’ registration
term. The Central Elections Commission shall bring the registration of the new
candidate to public knowledge.
(4)
If the
political party and/or another social-political organization leaves the
electoral bloc and withdraws its candidates after the expiration of the
registration term, the candidates of that political party and/or another
social-political organization shall be excluded and the candidates’ list of
that electoral bloc shall be rewritten, observing the order of candidates from
the list. Similarly shall be the case when a political party and/or another
social-political organization withdraw their candidates from the lists.
Electoral lists for
parliamentary elections shall be drawn up under the conditions of chapter 5 (article
39 and article 40) which shall be applied accordingly.
Article 82. Electoral campaign for parliamentary elections
Electoral campaign for
parliamentary elections shall be carried out in compliance with chapter 7
(article 45 - article 47) which shall be applied accordingly.
(1)
Ballot
papers shall be drawn up in compliance with chapter 8 (article 48 and article
49) which shall be applied accordingly.
(2)
Independent
candidates shall be included in the ballot paper in a special quadrilateral, in
which the candidate’s name, surname and the formula “independent candidate”
shall be put down.
Ballot at the
parliamentary elections shall be performed in compliance with chapter 9
(article 50 - article 55) which shall be applied accordingly.
Article 85. Votes’ counting and elections’ results totalization
Votes’ counting and parliamentary elections’
results totalization shall be performed in compliance with chapter 10 (article
56 - article 60) which shall be applied accordingly.
Article 86. Establishing the representation threshold
(1) After having got the protocols of
the district electoral councils, in which the results of the votes’ counting
from all electoral districts are indicated, the Central Elections Commission
shall totalize the number of valid express votes, accumulated by each political
party, other social-political organization and by each electoral bloc, in order
to find if they have reached the minimum representation threshold.
(2)
The
minimum representation threshold shall be considered the following proportions
from the total number of validly expressed votes per country:
a)
for
political parties, other social-political organizations – 6 percent;
b)
for
electoral blocs comprising two political parties and/or other social-political
organizations – 9 percent;
c)
for
electoral blocs comprising three or more political parties and/or other
social-political organizations – 12 percent;
(3)
The
political parties, other social-political organizations and electoral blocs
that have accumulated a lower number of votes than that provided in
Paragraph(2) shall be excluded from the operation of mandates’ attribution, by
the decision of the Central Elections Commission.
[Article 86 as amended by the Law no.796-XV
from 25.01.2002]
[Article 86 as amended by the Law no.894-XIV
from 23.03.2000]
Note: The amendment introduced by
the Law no.480 from 02.07.1999 is declared unconstitutional by Constitutional
Court Decision no.1 from 11.01.2000
[Paragraph 2, article 86 introduced by
the Law no.480-XIV from 02.07.1999]
Article 87. Counting of mandates obtained by the electoral competitor
(1)
The number
of mandates obtained by the electoral competitors shall be counted by the
Central Elections Commission by successive division of the number of validly
expressed votes for each electoral competitor, except for independent
candidates, to 1, 2, 3, 4…etc. till the figure corresponding to the number of
seats in the Parliament.
(2)
From the
results of all divisions and from the number of validly expressed votes for
independent candidates, there shall be taken in decreasing order as many
numbers as many mandates are to be attributed. The political party, other
social-political organization, electoral bloc shall be attributed as many
mandates as many numbers in this decreasing row it has.
(3)
The
independent candidate shall be considered elected if the number of validly
expressed votes obtained by him represents at least 3 percent of all the
validly expressed votes per country.
[Paragraph 3, article 87 introduced by
the Law no.894-XIV from 23.03.2000]
[Paragraph 3, article 87 excluded by
the Law no.268-XIV from 04.02.1999]
Article 88. Attribution of mandates
(1) The Central Elections Commission
in the registration order on the lists shall attribute the mandates to
electoral competitors.
(2) If the last non-attributed
mandate has several claimants with the same number of votes, the Central
Elections Commission shall attribute it by drawing of lots and shall draw up a
protocol of this fact.
(3) If a political party, other social-political
organization or an electoral bloc obtains a number of mandates greater than the
number of candidates included in the lists, the surplus of numbers from the
decreasing row of the respective formation shall be eliminated and replaced
with the numbers from the decreasing row of other electoral competitors.
(4) The candidates that were included
in the list but have not been elected shall be declared subsidiary. The
subsidiary candidate shall be declared as elected by the Constitutional Court
if, for some reasons, a mandate belonging to the political party,
social-political organization or the electoral bloc he represents becomes
vacant. The subsidiary candidate may decline the mandate of deputy by lodging a
statement with the
[Paragraph 4, article 88 as amended by the Law
no.1107-XIV from 30.06.2000]
Note: The phrasing “subsidiary candidates”
introduced by the amendment brought to the Law no.480 from 02.07.1999 is
declared unconstitutional by Constitutional Court Decision no.1 from 11.01.2000
[Paragraph 4, article 88 as amended by
the Law no.480-XIV from 02.07.1999]
(5) If after the unfolding of
elections and attribution of mandates, the electoral competitor that submitted
his/its list of candidates does not have subsidiary candidates, the vacant
mandates shall pass to the next electoral competitors, according to the
decreasing row set up at the mandates’ attribution.
[Paragraph 5, article 88 introduced by
the Law no.1107-XIV from 30.06.2000]
[Paragraph 5, article 88 excluded by
the Law no.480-XIV from 02.07.1999]
(6) If the deputy’s mandate gained by
the independent candidate became vacant, the completion of vacancy shall be
performed by the restoration of the decreasing row by the Central Elections
Commission, excluding the number that belongs to that candidate and including
the next number from the row.
Article 89. Confirmation of the voting
results and validation of mandates by the
(1) The Central Elections Commission
within 48 hours, after the totalization of the voting results, shall submit to
the
[Paragraph 1, article 89 as amended by the Law
no.1107-XIV from 30.06.2000]
Note: The phrasing “subsidiary candidates”
introduced by the amendment brought to the Law no.480 from 02.07.1999 is
declared unconstitutional by Constitutional Court Decision no.1 from 11.01.2000
(2) Within a 10-days term after the
documents have been received from the Central Elections Commission, the
(3) If the elections are found
lawful, the Central Elections Commission shall issue identification cards to
the elected deputies.
[Paragraph 4, article 89 excluded by
the Law no.1107-XIV from 30.06.2000]
Note: The phrasing “subsidiary candidates” introduced
by the amendment made to the Law no.480 from 02.07.1999 is declared
unconstitutional by Constitutional Court Decision no.1 from 11.01.2000
[Paragraph 5, article 89 excluded by
the Law no.1107-XIV from 30.06.2000]
[Article 89 as amended by the Law
no.480-XIV from 02.07.1999]
Article 90. Confirmation of elections’
results by the Central Elections Commission
(1) The protocol on the elections’
results, together with the Constitutional Court’s notice, by which the
lawfulness of elections is confirmed and the decision on the validation of at
least 2/3 of the total number of deputies’ mandates, shall be forwarded to the
Parliament within 2 days. One copy of these documents shall be forwarded to the
Central Elections Commission.
(2) The Central Elections Commission
shall order the publication of the final results of elections within a 24-hours
term since the respective documents from the
The
Central Elections Commission shall find the elections as invalid if they were
attended by less then 1/2 of the persons registered in the electoral lists.
If the
(1) If the elections have been
declared invalid or null, the Central Elections Commission shall hold, within a
2-weeks term, repeated ballot based on the same electoral lists, for the same
candidacies and with the same electoral councils and committees.
(2) Electoral competitors guilty of
fraud shall be excluded from the ballot papers, and the electoral councils and
committees that have committed such frauds, shall be replaced.
(3) Repeated ballot shall be
considered valid if attended by at least 1/3 of the total number of persons
registered in the electoral lists.
(1) If after repeated ballot the
elections were declared null or invalid, the Central Elections Commission shall
fix the date of the new elections, which shall occur at least after 60 days
since the last elections had been declared null or invalid.
[Paragraph 1, article 94 as amended by
the Law no.796-XV from 25.01.2002]
[Paragraph 1, article 94 as amended by
the Law no.895-XIV from 23.03.2000]
(2) In case of anticipated elections,
if even after repeated elections, the elections were declared null or invalid,
the President of the Republic of Moldova shall fix in a decree the date of the
new elections, having due observance of the date indicated in article 76,
Paragraph (3) of this Code.
[Paragraph 2, article 94 introduced by
the Law no.894-XIV from 23.03.2000]
(3) New elections shall take place under
the conditions exposed in this Code.
T i t l e IV
ELECTIONS OF THE PRESIDENT
OF THE
[Title IV (article 95-117) excluded by
the Law no.1227-XIV from 21.09.2000]
[Title IV as amended by the Law
no.1036-XIV from 09.06.2000]
[Title IV as amended by the Law
no.268-XIV from 04.02.1999]
T i t l e
V
LOCAL ELECTIONS
Article 118. Scope of this title
The
provisions of this title (article 118 – article 140) shall be applicable only
to the elections of local councillors and councils.
[Article 118 as amended by the Law
796-XV from 25.01.2002]
(1)
The
councilors in the rayon councils of the city (municipality) and village
(commune) shall be elected by universal, equal, direct, secret and freely
expressed suffrage for a 4-years mandate, which starts running effectively
since the day of the local nation-wide elections
(2)
The number
of councilors shall be established in the Law on local public administration.
(3)
In the
administrative-territorial units with special status, the local elections shall
unfold according to the provisions of this Code and the acts issued by
representative authorities of the respective administrative-territorial units.
Article 120. Electoral districts and polling stations. District electoral councils
and electoral committees of the polling stations
(1)
To hold
the local councils’ elections, each rayon, administrative-territorial unit with
special status, city (municipality), village (commune) shall constitute a
single electoral district. The electoral districts of the city (municipality),
village (commune) shall be constituted by the district electoral councils of
the second level administrative-territorial units of the
(2)
The district electoral councils of the city
(municipality), village (commune) shall be constituted by the district
electoral councils of the second level administrative-territorial units of the
(3)
The
electoral districts for the local councils’ elections shall be divided in
polling stations, for which electoral committees shall be set up. The electoral
committees of the polling stations shall be constituted and shall exercise
their powers under the conditions set forth in article 29 and article 30, which
shall be applied accordingly.
[Article 120 as amended by the Law no.796-XV
from 25.01.2002]
[Article 120 as amended by the Law no.268-XIV
from 04.02.1999]
Article 121. Special powers of the electoral
council
In the
localities where, for the holding of local elections a single polling station
is set up, the district electoral council shall exercise also the powers of the
electoral committee of the polling station.
Article 122. Fixing the date of elections
(1) The date of the local nation-wide
or anticipated elections shall be fixed by a Parliament decision, issued at
least 60 days before the elections' day.
(2) Central Elections Commission
under the conditions provided by this Code shall fix new and partial elections
and the date of the repeated ballot.
[Article 122 as amended by the Law no.796-XV
from 25.01.2002]
Article 123. Special limitations of the right to vote
(1)
The
servicemen fulfilling the in-term military service may not attend the local
elections.
(2)
Voters who
do not live in the respective administrative-territorial unit shall not attend
the local council’s elections.
[Article 123 as amended by the Law no.796-XV
from 25.01.2002]
Article 124. Special conditions in order to be
elected
As
councillors in the local councils may be elected the
[Article 124 as amended by the Law no.796-XV
from 25.01.2002]
[Article 124 as amended by the Law no.268-XIV
from 04.02.1999]
Article 125. Nomination, submittal of candidacies and registration of candidates
Nomination,
submittal of candidacies and registration of candidates shall be effected under
the conditions of chapter 6 (article 41- article 44) which shall be applied
accordingly.
Article 126. Special conditions for the
submission of candidacies by political parties, other social-political
organizations and electoral blocs
(1) The number of candidates
registered on the lists shall contain at least 1/2 of the mandates provided for
the respective electoral district and at most 2 subsidiary candidates.
(2) One may not candidate in several
electoral districts of the same level.
(3) One may run for the position of councillor,
both for the council of the first level administrative-territorial unit of the
[Article 126 as amended by the Law no.796-XV
from 25.01.2002]
[Paragraph 3, article 126 as amended by the Law
no.480-XIV from 02.07.1999]
[Paragraph 3, article 126 as amended by the Law
no.268-XIV from 04.02.1999]
Article 127. Special conditions for the submission of candidacies by independent
candidates
The citizen of the
[Article 127 as amended by the Law no.796-XV
from 25.01.2002]
Electoral
lists for local elections shall be drawn up under the conditions of chapter 5
(article 39 and article 40) which shall be applied accordingly.
Article 129. Electoral campaign
Electoral campaign for
local elections shall be carried out in compliance with chapter 7 (article 45 -
article 47), which shall be applied accordingly.
Ballot papers shall be
drawn up for the elections of the rayon, city (municipality), village (commune)
councils, under the conditions set forth by chapter 8 (article 48 and article
49), which shall be applied accordingly.
[Article 130 as amended by the Law no.796-XV
from 25.01.2002]
Ballot at the local
elections shall be performed under the conditions set forth by chapter 9
(article 50 - article 55) which shall be applied accordingly.
Article 132. Votes’ counting and elections results totalization
(1)
Votes’
counting and local elections results totalization shall be performed in
compliance with chapter 10 (article 56 - article 60) which shall be applied
accordingly.
(2)
In the
protocols of the electoral councils and committees there shall be indicated the
number of votes gained by each candidate running for the councilor’s position,
the name and surname of the elected councilors and the name of the political
party, other social-political organization or electoral bloc that appointed
them, or the mentioning “independent candidate”.
[Article 132 as amended by the Law no.796-XV
from 25.01.2002]
Article 133. Attribution of the councillors’
mandates
(1) The councillors’ mandates for the
rayon, city (municipality), village (commune) councils shall be attributed by the
respective district electoral councils.
(2)
The
attribution of councilors’ mandates to the political parties, other
social-political organizations, electoral bloc shall be effected by the
successive division of the number of validly expressed votes for each political
party, other social-political organization, electoral bloc to 1, 2, 3, 4…etc.
till the figure corresponding to the number of mandates provided for the
respective electoral district.
(3) From the results of all divisions and from the
number of validly expressed votes for independent candidates, there shall be
taken in decreasing order as many numbers as many mandates are to be attributed
in that electoral district. The political party, other social-political
organization, electoral bloc shall be attributed as many mandates as many
numbers in this decreasing row it has.
(4) The independent candidate shall
be declared elected if the number of validly expressed votes obtained by him
fits in the decreasing row.
(5) The candidates running for the
councillor's position shall be attributed mandates in the order of their
registration on the lists, beginning with the list for which most votes have
been expressed.
(6) If the last non-attributed
mandate has several claimants with the same number of votes, the district electoral
council shall attribute it by drawing of lots and shall draw up a protocol of
this fact.
(7) If a political party, other social-political
organization or an electoral bloc obtains a number of mandates greater than the
number of candidates included in the lists, the surplus of numbers from the
decreasing row of the respective formation shall be eliminated and replaced
with the numbers from the decreasing row of other electoral competitors.
(8) If in the ballot papers for the
councils’ elections there had been included only independent candidates, the
district electoral council shall draw up the list of candidates with the number
of votes obtained by them in decreasing order, attributing to each from the
list one mandate, until the number of mandates is exhausted.
(9) The candidates that were included
in the list but have not been elected, shall be declared subsidiary candidates.
If the councillor's mandate belonging to a political party, other
social-political organization or an electoral bloc becomes vacant before the
expiration of the term, this mandate shall be attributed to one of the
subsidiary candidates of the respective formation, in the order of their
registration in the list.
(10)
If the councillor's mandate gained by the independent candidate became
vacant, the completion of vacancy shall be performed by the restoration of the
decreasing row, excluding the number that belongs to that candidate and
including the next number from the row.
(11)
If only independent candidates were included in the ballot paper, in
case a vacant mandate appears, the subsidiary candidate shall get the
councillor's mandate under the conditions set forth in paragraph (10).
(12)
The mandates shall be attributed to subsidiary candidates by the
Central Elections Commission in compliance with the provisions of this article
and based on the electoral documents that it has.
[Article 133 as amended by the Law
no.842-XV from 14.02.2002]
[Article 134 excluded by the Law
no.796-XV from 25.01.2002]
[Article 134 as amended by the Law
no.268-XIV from 04.02.1999]
Article 135. Confirmation of the elections’
lawfulness and validation of mandates
(1) The district electoral councils
of the first level administrative-territorial units shall submit the protocols
on the elections’ results to the respective sector or municipal courts, and the
second level ones – to the courts from the district of the second level
administrative-territorial units. The district electoral council of the
Chisinau municipality shall submit these documents in the sector court from the
district where the Chisinau municipality district electoral council is
situated.
(2) The courts within a 10-days term
after the reports have been received from the district electoral councils,
shall confirm or infirm by judgment the lawfulness of elections from each electoral
district and shall forward it within 24 hours after the judgment is adopted to
the Central Elections Commission and respective district electoral councils
which shall publish the final results of elections.
(3) At the same time with the
elections’ lawfulness confirmation, the respective courts shall validate the
mandates of elected councilors, which shall be recorded as well in the
judgment. The courts shall confirm also the list of subsidiary candidates.
(4) The council shall be considered
as lawfully created after the validation of mandates of at least 2/3 of the
total number of councillors.
(5) The district electoral council
shall issue identification cards, the model of which shall be approved by the
Central Elections Commission, to the elected councillors and mayors.
[Article 135 as amended by the Law
no.796-XV from 25.01.2002]
[Article 135 as amended by the Law
no.403-XIV from 14.05.1999]
Article 136. Invalid elections
Elections
shall be considered invalid in some districts if they were attended by less then
1/3 of the persons registered in the electoral lists.
Elections
shall be declared null if during the electoral operations violations of this
Code had occurred, which impacted the outcome of elections and attribution of
mandates. The Central Elections Commission based on the judgment delivered by
the respective court shall take the decision on the declaration of elections as
null.
(1) If in some districts or polling
stations the elections were declared invalid or null, the Central Elections
Commission shall hold, within a 2-weeks term, repeated ballot based on the same
electoral lists, for the same candidacies and with the same electoral councils
and committees.
(2) Electoral competitors guilty of
fraud shall be excluded from the ballot papers, and the electoral councils and
committees that have committed such frauds, shall be replaced.
(3) Repeated ballot shall be
considered valid if it is attended by at least 1/3 of the total number of
persons registered in the electoral lists.
[Article 138 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 3, article 138 introduced
by the Law no.268-XIV from 04.02.1999]
(1) New elections shall take place
if:
a) the council have resigned, have been
dissolved or its composition reduced with more than 1/3 than the number
established by the Law on local public administration;
b) after repeated ballot, the
council was not elected;
c) in some localities local
elections have not taken place;
d) administrative-territorial reform
has occurred and in the newly-created administrative-territorial units it is
necessary to elect the local public authorities.
(2) The Central Elections Commission
shall fix the date of new elections, with at least 60 days before the elections.
(3) New elections shall take place
under the conditions exposed in this Code.
[Article 139 as amended by the Law
no.796-XV from 25.01.2002]
[Article 139 as amended by the Law
no.778-XIV from 03.02.2000]
Article 140. Partial elections
(1) If after the elections the
necessary number of councillors has not been elected, the Central Elections
Commission shall hold, within a 2-weeks term, partial elections in one or
several districts.
(2) In order to fill the vacant
mandates, partial elections shall be carried out under the conditions provided
in titles I, II and V.
(3) The date of the partial elections
shall be established by the decision of the Central Elections Commission with
at least 60 days before the elections’ day.
T i t l e
VI
REFERENDUM
Article 141. Scope of this title
The
provisions of this title (article 141 – article 202) shall apply only to the
organization and development of republican and local referendums.
Chapter 13
REPUBLICAN REFERENDUM
Article 142. Republican referendum
(1) The republican referendum shall
develop for the purpose of exercising the people’s power and its direct
participation at the management and administration of the state affairs.
(2) The republican referendum shall
be held by universal, equal, direct, secret and freely expressed suffrage, in
compliance with the Constitution and this Code’s provisions.
[Paragraph 3, article 142 is abrogated
by the Law no.268-XIV from 04.02.1999,]
[the rest shall be renumbered]
[Paragraph 3, article 142 is found
unconstitutional by the
[Decision no.15 from 27.05.1998]
(3) The acts adopted by republican
referendum shall have legal power after their confirmation by the
[Paragraph 3, article 142 as amended
by the Law no.268-XIV from 04.02.1999]
[the phrasing “shall not require the
confirmation” from article 142 Paragraph (4) is]
[found unconstitutional by the
Article 143. Types of republican referendum
(1) Depending on the legal aspect of
the issue subjected to referendum, the republican referendums may be
constitutional, legislative and advisory.
(2) To constitutional referendum
issues regarding the revision of Constitution shall be subjected.
(3) To legislative referendum
draft-laws or some legal provisions of major importance shall be subjected.
(4) To advisory referendum issues of
national importance, pursuing to ask the opinion of the people on such issues
and further adoption, by competent public authorities, of some final decisions
shall be subjected.
[Article 143 as amended by the Law no.796-XV
from 25.01.2001]
Note: The amendment introduced by the Law
no.1107-XIV from 30.06.2000 is declared unconstitutional by Constitutional Court
Decision no.16 from 29.03.2000
[Article 143 as amended by the Law
no.1107-XIV from 30.06.2000]
Article 144. Initiation of the republican
referendum
(1) Republican referendum may be
initiated by:
a) a number of at least 200.000
citizens of the
[Entry a) as amended by the Law
no.1107-XIV from 30.06.2000]
[Entry a) as amended by the Law
no.268-XIV from 04.02.1999]
b) a number of at least 1/3 of the
parliamentary deputies;
c) the President of the
d) the Government.
(2) The subjects mentioned in
paragraph (1) may initiate any type of referendum provided in article 143.
(3) If the referendum is initiated by
the subjects provided in paragraph (1) entry a), subscription lists shall be
attached to the proposal on the holding of the referendum.
(4) The proposal on the holding of
the referendum shall include the issues to be subjected to referendum, clearly
expressed and excluding their ambiguous interpretation, as well as the purpose
of its holding, the planned date of its unfolding. Issues that exclude each
other may not be subjected to referendum.
[Paragraph 4, article 144 as amended
by the Law no.268-XIV from 04.02.1999]
Article 145. Limitations on the unfolding of
the republican referendum
(1) The republican referendum shall
not be carried out in case of declaration of an emergency situation, siege or
war and before 120 days after the termination of these situations. If the date
of the republican referendum was fixed for the day in which later on the
emergency situation, siege or war was declared, it shall be repealed ex officio
or postponed for another day, having due observance of the conditions enshrined
in this Code. The authority that has issued the act of the referendum’s
declaration shall adopt the decision on the postponing of the republican
referendum.
(2) The republican referendum may not
take place, also, 120 days before and 120 days after the day of the nation-wide
parliamentary and local elections, as well as in the day of their unfolding or
the day of another republican referendum.
[Paragraph
2, article 145 as amended by the Law no.1227-XIV from 21.09.2000]
[Paragraph
2, article 145 as amended by the Law no.480-XIV from 02.07.1999]
Article 146. Issues subjected to republican
referendum
(1) To republican referendum may be
subjected the following issues:
a) adoption of the Constitution of
the
b) approval of the constitutional laws
passed by the Parliament for the amendment of the provisions on the sovereign,
independent and unitary character of the state, as well as on the permanent
neutrality of the state;
c)
other important issues of the society and the state.
[Paragraph 1, article 146 as amended
by the Law no.1227-XIV from 21.09.2000]
[Paragraph 1, article 146 as amended
by the Law no.1107-XIV from 30.06.2000]
(2) Organization and unfolding of
referendum regarding the issues pointed out in paragraph (1) entry b) shall be
mandatory.
[Paragraph 2, article 146 as amended
by the Law no.1107-XIV from 30.06.2000]
Article 147. Issues that are not to be
subjected to republican referendum
To
republican referendum may not be subjected the following issues:
a)
regarding the taxes and budget;
b) regarding the act of pardon and
amnesty
c) regarding extraordinary or
emergency measures necessary to ensure the public order, health and security of
the population;
d) regarding the election,
appointing, dismissal of persons to/from certain positions, which lie with the
competence of the Parliament, President and the Government of the
e) which fall under the competence
of the prosecution authorities and courts.
[Article 147 as amended by the Law
no.796-XV from 25.01.2002]
Note: The amendment introduced by the Law
no.1107-XIV from 30.06.2000 is declared unconstitutional by Constitutional
Court Decision no.16 from 29.03.2000
[Article 147 as amended by the Law
no.1107-XIV from 30.06.2000]
Article 148. Initiation of referendum for the revision
of the Constitution
(1) The initiation of referendum for
the revision of the Constitution shall be carried out in compliance with the
provisions of article 141 of the Constitution.
(2) The proposal to unfold the
referendum for the revision of the Constitution shall be submitted to the
(3) After the
(4) The revision of Constitution may
not be subjected to referendum if it concerns the suppression of the citizens’
rights and fundamental freedoms or their guarantees.
(5) If the revision of the same
constitutional provisions is initiated concomitantly by the Parliament and by
the citizens, the consideration of the revision proposals in the Parliament
shall cease.
[Article 148 introduced by the Law
no.796-XV from 25.01.2002]
[Article 148 excluded by the Law
no.1107-XIV from 30.06.2000]
[Article 148 excluded by the Law
no.1227-XIV from 21.09.2000]
Article 150. Decision or decree on the
unfolding of the republican referendum
(1) Within a 6-months term since the
submission of the proposals to initiate the referendum, the Parliament shall
adopt one of the following decisions:
a)
to declare the referendum, that shall unfold after at least 60 days
from the adoption of this decision;
b)
to reject the proposal to unfold the referendum, if it was submitted by
the deputies;
Note: The amendment introduced by the Law
no.1107-XIV from 30.06.2000 is declared unconstitutional by Constitutional
Court Decision no.16 from 29.03.2000
[Entry b) as amended by the Law
no.1107-XIV from 30.06.2000]
[The phrasing “or by the citizens”
from article 150 Paragraph (1) entry b)
is found] [unconstitutional by the
c) to settle the problems planned to be subjected to the referendum without its further unfolding.
[Entry c) as amended by the Law
no.1107-XIV from 30.06.2000]
[Paragraph2, article 150 excluded by
the Law no1107-XIV from 30.06.2000,]
[the rest shall be renumbered]
[Paragraph2, article 150 is found
unconstitutional by the
[Decision no.15 from 11.04.2000]
(2) In the decision or decree to
unfold the republican referendum there shall be indicated the date of referendum,
the name of the draft-law or draft decision that is planned to be adopted,
their text and/or the questions that will be subjected to referendum.
[Article 150 as amended by the Law
no.480-XIV from 02.07.1999]
[Paragraph 3, article 150 abrogated by
the Law no.268-XIV from 04.02.1999]
Article 151. Fixing the date of republican
referendum
(1) The date of the republican
referendum shall be fixed by the Parliament in its decision if the referendum
is initiated by a group of citizens or parliamentary deputies and by the
President of the
[Paragraph 1, article 151 as amended
by the Law no.480-XIV from 02.07.1999]
(2) The date of referendum shall be
fixed with at least 60 days before it takes place.
Article 152. Initiation of the republican
referendum by a group of citizens
(1) In order for the citizens to
initiate a republican referendum, they shall set up an initiative group during
their assembly that is to be attended by at least 300 persons who are qualified
voters. With at least 10 days before the assembly, the initiators shall be
bound to communicate in written to the local public administration authorities,
on the territory of which the assembly will occur, the time, place and purpose
of the assembly.
(2) Before the assembly begins, all
participants at the assembly shall be recorded and to this end a list shall be
drawn up containing their name, surname and domicile.
(3) At the assembly there shall be
elected a chairman and a secretary. The agenda of the assembly shall include
the discussion of the necessity to hold a republican referendum and the
formulation of questions to be subjected to it.
(4) If the proposal to hold the
republican referendum is adopted with the majority of the participants’ votes,
an initiative group shall be appointed that will collect the signatures of the
referendum’s supporters. The initiative group shall include at least 100
persons who are qualified voters. The members of the initiative group shall
elect from among them an executive committee, comprised of a chairman, a deputy
chairman and a secretary, that will represent the group and manage its
activity.
(5) At the assembly, a protocol shall
be drawn up, containing the results of the voting for the issues included on
the agenda. The chairman and the secretary of the assembly shall sign the
documents of the assembly: the list of participants, the protocol, the precise
and correct wording of the questions planned to be subjected to republican
referendum and the list of members of the initiative group with the indication
of their identification information.
Article 153. Registration of the initiative
group
(1) The Central Elections Commission
shall register the initiative group for the holding of the republican
referendum. In order to be registered, the Commission shall be provided with
the following documents:
a)
the papers of the citizens’ assembly at which the initiative group was
elected, authenticated by the mayoralty of the locality on the territory of which
the assembly had taken place;
b) the statement of the initiative
group’s members on their consent to participate in the collection of signatures
of the referendum’s supporters;
c) the application concerning the
registration of the initiative group.
[Paragraph 1, article 153 as amended
by the Law no268-XIV from 04.02.1999]
(2) The Central Elections Commission
shall adopt within a 15-days term from the submission of the documents
indicated in Paragraph (1) a decision on the registration of the initiative
group or on the refusal to do so. In its decision on the registration of the
initiative group, there shall be indicated the term of collecting the
signatures of the republican referendum’s supporters, which may not be shorter
that 2 months and longer than 3 months.
(3) After the registration of the
initiative group, its members shall be issued identification cards, the model
of which is established by the Central Elections Commission.
(4) The information on the
registration of the initiative group and the issues planned to be subjected to
republican referendum shall be brought to public knowledge by mass media means.
Article 154. Collection of signatures
(1) As of the date the initiative
group is registered, its members shall be entitled to collect freely the signatures
of the republican referendum’s supporters, on certain lists, hereinafter called
subscription lists.
(2) The collection of signatures
shall be effected in compliance with article 42, which shall be applied
accordingly.
Article 155. Special conditions for
subscription lists
Each
sheet of paper from the subscription lists shall contain the question or
questions planned to be subjected to republican referendum. It shall be
prohibited to collect signatures on the lists that do not include the text of
the question.
Article 156. Responsibility for the accuracy
of the subscription lists’ draw up
(1) The signatures’ collector shall
sign each sheet of paper of the subscription lists, and shall make a short
notice of confirmation of the fact that the signatures have been collected
personally by him and that he has verified the identification information of
the persons the name of which is on the list, based on the identification
documents. Each sheet of paper shall be authenticated with the stamp of the
respective local public authority.
(2) The members of the initiative
group have the obligation to warn each citizen on the fact that he may sign
only one subscription list.
(3) The subscription lists shall be
considered null and void if they were filled in before the registration of the
initiative group; if the signatures’ collector does not sign them; if they were
not authenticated with the stamp of the respective local public authority.
Article 157. Submission and verification of
the subscription lists
(1) Not any later than the last day
of the signatures’ collection, the initiative group shall draw up a protocol,
indicating the date of the initiative group’s registration, the number of the
collected signatures, the date of the signatures’ collection termination. The
protocol, signed by the initiative group’s members and the subscription lists
shall be submitted to the Central Elections Commission.
(2) Within a 15-days term since the
submission of the subscription lists, the Central Elections Commission shall
verify the authenticity of signatures (each of them or by choosing some of
them) from the submitted lists. If in the subscription lists there are two or
more signatures of the same person, they shall be excluded. After the
verification of the subscription lists the Central Elections Commission shall
take a decision on the initiation of referendum.
(3) If the necessary number of
signatures was not submitted, the Central Elections Commission shall take a
decision on the refusal of the proposal to hold a republican referendum and
shall annul the registration of the initiative group.
(4) The protocol of the subscription
lists’ verification, the verified lists and the Central Elections Commission’s
decision on the initiation of referendum shall be transmitted, within a 3-days
term, to the Permanent Bureau of the Parliament.
Article 158. Electoral districts, polling
stations, electoral councils and committees
(1)
For
purposes of management and unfolding of the republican referendum, the Central
Elections Commission shall set up administrative electoral districts
corresponding to second level administrative-territorial units of the Republic
of Moldova and district electoral councils under the conditions set forth in
article 27, which shall be applied accordingly.
(2)
The powers
of the district electoral councils are expressed in article 28, which shall be
applied accordingly.
(3)
Electoral
districts shall be divided in polling stations, under the conditions set forth
in article 29, which shall be applied accordingly. For each polling station
there shall be set up electoral committees of the polling station, which shall
be constituted and shall fulfill its powers in compliance with article 29 and
article 30, which shall be applied accordingly.
(4)
The powers
of the district electoral councils and of the electoral committees of the
poling stations shall expire after the confirmation of the republican
referendum’s results by the
(5)
If the
electoral district represents a single locality and there is only one polling
station, an electoral committee of the polling station shall not be set up
there, the powers of which are to be fulfilled by the district electoral
councils.
[Article 158 as amended by the Law no.796-XV
from 25.01.2002]
[Article 158 as amended by the Law no.268-XIV
from 04.02.1999]
[Article 159 excluded by the Law no.480-XIV
from 02.07.1999]
Article 160. Granting of support to the electoral councils and committees for the
organization of the republican referendum, management of the activity,
modification of the composition and dissolution
Granting of support
for the management of the activity, modification of the composition and
dissolution of the electoral councils and committees for the organization of
the republican referendum shall be effected under the conditions provided by
article 31 – article 34, which shall be applied accordingly.
Article 161. Lists of citizens entitled to participate in the republican referendum
The
lists of citizens entitled to participate in the republican referendum
(electoral lists) shall be drawn up under the conditions provided by chapter 5
(article 39 and article 40), that shall be applied accordingly.
(1) In the ballot paper there shall
be printed the text of the issue or of the draft-law subjected to republican
referendum. On the right of the text of the issue or of the draft-law, there
shall be placed horizontally two quadrilaterals with the words “aye” and “nay”,
and beneath - two circles.
(2) If several issues are subjected
to referendum, for each of them there shall be drawn up separate ballot papers.
In case of several concomitant referendums, the ballot papers shall bear
different colours.
(3) The ballot papers shall be drawn
up in compliance with the Law on the functioning of spoken languages on the
territory of the
(4) The number of printed ballot
papers shall be equal to the number of persons included in the electoral lists.
(5) The ballot papers containing the
same question must have the same format, must be printed with the same fonts,
on paper of the same colour and density.
(6) The model and text of the ballot
papers and the model of the protocols of the electoral councils and committees
for the organization of the republican referendum shall be approved by the
Central Elections Commission.
(7) The ballot papers shall be
distributed to the district electoral councils with 3 days, and the electoral
committees of the polling stations – 1 day, before the date of the republican
referendum.
[Article 162 as amended by the Law no.796-XV
from 25.01.2002]
[Article
162 as amended by the Law no.480-XIV from 02.07.1999]
[Article 162 as amended by the Law no.268-XIV
from 04.02.1999]
Free discussions of
all the aspects of the issues subjected to republican referendum shall take
place in compliance with article 47, which shall be applied accordingly.
(1)
Ballot at
the republican referendum shall be performed under the conditions set forth by
chapter 9 (article 50 - article 55), which shall be applied accordingly.
(2)
The voter
shall fill in the ballot paper by applying the stamp “Voted” in just one of the
circles situated beneath the quadrilaterals in which the words “aye” or “nay”
are inscribed, expressing in such a way his choice.
[Article 164 as amended by the Law no.796-XV
from 25.01.2002]
[Paragraph 2, article 164 as amended
by the Law no.480-XIV from 02.07.1999]
Article 165. Supervision of the republican referendum and its reflection in mass
media
The supervision of the republican referendum and the reflection in mass media of its management and unfolding shall take place in compliance with chapter 11 (article 63 and article 64) that shall be applied accordingly.
Article 166. Votes’ counting and totalization of the republican referendum’s results
(1)
Votes’
counting and totalization of the republican referendum’s results shall be
performed in compliance with chapter 10 (article 56 - article 60), which shall
be applied accordingly.
(2)
In the
protocol of the totalization of the republican referendum’s results there shall
be indicated the number of votes “aye” and the number of votes “nay”.
[Paragraph2, article 166 as amended by the Law
no.480-XIV from 02.07.1999]
(3) The results of the republican
referendum shall be considered by the Central Elections Commission that will
take a decision on it.
Article 167. Confirmation of republican
referendum’s results
(1) The decision of Central Elections
Commission and the protocol on the referendum’s results shall be transmitted to
the
(2) The
Article 168. Adoption, publication and coming
into force of the decision subjected to republican referendum
(1) The decision shall be considered
as adopted by republican referendum, if the majority of the citizens that
attended the referendum voted for it. If the referendum concerns a
constitutional law, it shall be considered as approved if it was voted by at
least half of the total number of persons registered in the electoral lists.
[Paragraph 1, article 168 as amended by the Law
no.1107-XIV from 30.06.2000]
(2) The decision adopted by
republican referendum shall be published in a special edition of the Official
Gazette of the
Article 169. Repealing or amendment of the
decision taken by republican referendum
Repealing
or amendment of the decision taken by republican referendum shall take place,
also, by republican referendum or by using the procedures provided for revision
of the Constitution.
[Article 169 as amended by the Law no.1227-XIV
from 21.09.2000]
Article 170. Documents of the republican referendum
The documents of the
republican referendum shall be kept in compliance with the provisions of
article 62, which shall be applied accordingly.
Article 171. Invalid republican referendum
The
Central Elections Commission shall declare as invalid the republican referendum
if it was attended by less then 3/5 of the persons registered in the lists.
[Article 171 as amended by the Law no.480-XIV
from 02.07.1999]
Article 172. Null republican referendum
The
Article 173. Repeated republican referendum
(1) If the republican referendum was
declared null, the Central Elections Commission shall hold, within a 1-month
term, repeated referendum in the entire republic or in certain
administrative-territorial units.
(2) Electoral councils and committees
guilty of frauds shall be replaced.
(3) Repeated republican referendum
shall be organized and unfolded according to the provisions of this title and
of this Code.
Article 174. New republican referendum
New
republican referendum concerning the same issue may be carried out after the
expiration of at least two years since the last republican referendum.
Chapter 14
LOCAL REFERENDUM
Local
referendum is the consultation of citizens on issues of a special interest to
the village (commune), city (municipality), rayon, and administrative-territorial
unit with a special status.
[Article 175 as amended by the Law
no.796-XV from 25.01.2002]
Article 176. Limitations on the organization
of the local referendum
(1) The local referendum shall not be
carried out in case of declaration of an emergency situation, siege or war. If
the date of the local referendum was fixed for the day in which later on the
emergency situation, siege or war was declared, it shall be repealed ex officio
or postponed for another day, having due observance of the conditions enshrined
in this Code.
(2) The local referendum may not take
place, also, 120 day before and 120 days after the day of holding on the same
territory of any kind of elections or referendum, unless it is organized on the
same day.
(3) The decision on the postponing of
the local referendum shall be adopted by the Central Elections Commission at
the proposal of the local council or of the representative authority of the
administrative-territorial unit with a special status which has issued the act
on the holding of the referendum.
[Article 176 as amended by the Law
no.796-XV from 25.01.2002]
Article 177. Issues subjected to local
referendum
To
local referendum there may be subjected issues of particular importance for the
respective locality and which lie with the competence of the local public
administration.
[Article 177 as amended by the Law
no.796-XV from 25.01.2002]
Article 178. Issues that are not to be
subjected to local referendum
To
local referendum there may not be subjected the following issues:
a)
regarding taxes and budget;
b) regarding extraordinary or
emergency measures necessary to ensure the public order, health and security of
the population;
c) regarding the election,
appointing, dismissal and revocation of persons to/from certain positions,
which lie with the competence of the Parliament, President and the Government
of the
d) which fall under the competence
of the courts or prosecution authorities;
e) regarding the modification of the
administrative-territorial subordination of the localities, save the cases
provided by the Law on the special legal status of Gagauzia (Gagauz-Yeri).
[Article 178 as amended by the Law
no.796-XV from 25.01.2002]
[Article 178 as amended by the Law
no.480-XIV from 02.07.1999]
[Article 178 as amended by the Law no.268-XIV from 04.02.1999]
Article 179. Fixing the date of local
referendum
The
date of the local referendum shall be fixed by the Central Elections Commission
at the proposal of the council of the village (commune), city (municipality),
rayon, administrative-territorial unit with a special status.
[Article 179 as amended by the Law
no.796-XV from 25.01.2002]
Article 180. Initiation of the local
referendum
The
local referendum may be initiated:
a) by 1/2 of the elected
councillors;
b) by the mayor of the village
(commune), city (municipality);
c) by the representative authority
of the administrative-territorial unit with a special status.
d) by 10 percent of the citizens who
are qualified voters, residing on the territory of the
administrative-territorial unit.
[Article 180 as amended by the Law
no.796-XV from 25.01.2002]
Article 181. Registration of the initiative
group
(1) If the initiative to hold the
local referendum belongs to the citizens, an initiative group shall be set up,
made of at least 20 citizens who are qualified voters, residing on the
territory of the administrative-territorial unit. The assembly held for the
constitution of the initiative group shall be attended by at least 30 persons.
At least 3 days before the assembly, the initiators shall be bound to
communicate in written to the mayor the time, place and purpose of it.
(2) The local public administration
authorities shall register the initiative group for the holding of the local
referendum within 5 days since the submission of the application for
registration, protocol of the constitution and of the formulated questions.
(3) In the decision on the
registration, there shall be indicated the term of collecting the signatures,
which shall not be shorter than 30 and longer than 60 calendar days, as well as
the questions planned to be subjected to local referendum.
(4) After the registration of the
initiative group, its members shall be issued identification cards, the model
of which is established by the Central Elections Commission.
(5) The information on the
registration of the initiative shall be published in the local press.
[Article 181 as amended by the Law
no.796-XV from 25.01.2002]
[Article 181 as amended by the Law
no.1217-XIV from 31.07.2000
Article 182. Collection of signatures
(1) The right to collect the
citizens’ signatures for the supporting of the local referendum shall lie with
the members of the initiative group, registered under the conditions of article
181.
(2) The collection of signatures
shall be effected in compliance with article 42, which shall be applied
accordingly.
(3) In order to carry out the local
referendum, it shall be necessary to collect the signatures of at least 10
percent of the total number of citizens who are qualified voters, residing on
the respective administrative-territorial unit.
Article 183. Special conditions for
subscription lists
Each
sheet of paper from the subscription lists shall contain the question or
questions planned to be subjected to referendum. It shall be prohibited to
collect signatures on the lists that do not include the text of the question.
Article 184. Responsibility for the accuracy
of the subscription lists’ draw up
(1) The signatures’ collector must
sign each sheet of paper of the subscription lists, and shall make a short
notice of confirmation of the fact that the signatures have been collected
personally by him and that he has verified the identification information of
the persons the name of which is on the list, based on the identification
documents. Each sheet of paper shall be authenticated with the stamp of the
respective local public authority.
(2) The person collecting the
signatures in the subscription lists has the obligation to warn each citizen on
the fact that he may sign only one subscription list.
(3) The subscription lists shall be
considered null and void if they were filled in before the registration of the
initiative group; if they are not signed by the signatures’ collector; if they
were not authenticated with the stamp of the respective local public authority.
Article 185. Submission and verification of
the subscription lists
(1) Authenticated subscription lists
shall be submitted to the local council or the representative authority of the
administrative-territorial unit with a special status.
[Paragraph 1, article 185 as amended
by the Law no.796-XV from 25.01.2002]
[Paragraph 1, article 185 as amended
by the Law no.1217-XIV from 31.07.2000]
(2) The submitted subscription lists
shall be verified within a 15-days term. The signatures appearing twice or more
times shall be excluded. If during the verification it is found that the
necessary number of signatures was not collected, the procedure shall cease,
and the registration of the initiative group shall be repealed.
Article 186. Adoption and publication of the
decision on the holding of the local referendum
(1) After the expiration of 15 days
since the submission of the subscription lists or the adoption of the decision
by the local council, of the representative authority of the
administrative-territorial unit with a special status, the respective local
council or the representative authority of the administrative-territorial unit
with a special status shall adopt the decision on the holding of the local
referendum or the refusal to hold it.
(2) The decision on the holding of
the local referendum shall comprise:
a) the proposal on the date of the
referendum, which may take place at least after one month, but not later than
45 days since the date of the decision’s adoption;
b) the issues that are to be subjected to referendum.
(3) The issues that are to be
subjected to local referendum shall be expressed clearly, excluding their
ambiguous interpretation. To one referendum may not be subjected issues, which
exclude one another.
(4) The decision on the holding of
the local referendum shall be published within 3 days since it was adopted.
[Article 186 as amended by the Law
no.796-XV from 25.01.2002]
Article 187. Electoral districts and polling
stations
(1)
For
purposes of holding the local referendum, electoral districts shall be set up,
if the case, in the village (commune), city (municipality), rayon,
administrative-territorial unit with a special status
(2)
The
electoral districts shall be constituted by the Central Elections Commission
with al least 30 days before the day of the local referendum at the proposal of
the local public administration authorities.
(3)
The
respective district electoral councils shall constitute the polling stations
with at least 20 days before the day of the local referendum.
(4)
The
polling stations shall be constituted according to the
administrative-territorial principle, by the division of the locality in
polling stations, with at least 3 and at most 3000 voters. The polling stations
shall be numbered.
(5)
In the
localities where for purposes of local referendum a single polling station is
set up, the district electoral council shall fulfill also the powers of the
electoral committee of the poling station.
[Article 187 as amended by the Law no.842-XV
from 14.02.2002]
Article 188. Constitution of the electoral councils and committees for the unfolding
of the local referendum
(1) District electoral councils for
holding of the local referendum shall be constituted by the Central Elections
Commission at the proposal of the local councils or of the representative
authorities of the administrative-territorial unit with a special status,
comprised of 5-11 members, with at least 25 days before the day of the local
referendum.
(2)
For the
holding of the local referendum, the district electoral councils shall set up
electoral committees of the polling stations, at the proposal of the local
public administration authorities, comprised of 5-11 members, with at least 20
days before the day of the local referendum.
(3)
To hold
the local referendum, the chairmen of the electoral councils of the rayon, the
electoral council of the Chisinau municipality and of the electoral councils of
the administrative-territorial unit with a special status, shall be elected by
the respective councils.
(4)
Councilors
from the local councils, members of the initiative group, members of political
parties, other social-political organizations running in the elections may not
be included within the composition of the electoral councils for the holding of
the local referendum.
(5)
At the first
meeting of the district electoral council of the second level
administrative-territorial unit there shall be elected by the majority vote,
for purposes of holding the local referendum, the deputy chairman and the
secretary of the council, and at the first meeting of the district electoral
council of the village (commune), city (municipality) and at the first meeting
of the electoral committee of the polling station there shall be elected the
chairman, deputy chairman and the secretary of the council.
(6)
During two
days since its constitution, the electoral councils and committees shall bring
to public knowledge their composition and premises, the contacts.
(7)
The powers
of the electoral councils and committees for the performance of the local
referendum shall expire after the confirmation of its results.
[Article 188 as amended by the Law no.796-XV
from 25.01.2002]
Article 189. Cumulating of duties by the electoral councils and committees
If the local
referendum is unfolding concomitantly with the (local, parliamentary) elections
or the republican referendum, the electoral councils and committees in charge
of the elections, constituted in compliance with chapter 3, shall fulfill the
duties of the electoral councils and committees in charge of the referendum.
[Article 189 as amended by the Law no.1227-XIV
from 21.09.2000]
Article 190. Granting of support to the electoral councils and committees for the
organization of the local referendum, management of the activity, modification
of composition and dissolution
Granting of support,
management of activity, modification of composition and dissolution of the
electoral councils and committees for the organization of the local referendum
shall be effected under the conditions provided by article 31 – article 34,
which shall be applied accordingly.
Article 191. Duties of the electoral councils and committees in charge of the local
referendum
The electoral councils
and committees in charge of the local referendum shall fulfill the duties
provided, respectively, in article 28 and article 30, which shall be applied
accordingly.
Article 192. Lists of citizens entitled to participate in the local referendum
The
lists of citizens entitled to participate in the local referendum (electoral
lists) shall be drawn up under the conditions provided by chapter 5 (article 39
and article 40), that shall be applied accordingly.
(1) In the ballot paper there shall
be printed the text of the issue subjected to local referendum. On the right of
the text of the issue there shall be placed horizontally two quadrilaterals
with the words “aye” and “nay”, and beneath - two circles.
[Paragraph 1, article 193 as amended
by the Law no.480-XIV from 02.07.1999]
(2) If several issues are subjected to
referendum, for each of them there shall be drawn up separate ballot papers. In
case of several concomitant referendums, as well as in case of concomitant
referendums and elections, the ballot papers shall bear different colours.
(3) The ballot papers shall be drawn
up in compliance with the Law on the functioning of spoken languages on the
territory of the
(4) The number of printed ballot
papers shall be equal to the number of persons included in the electoral lists.
[Paragraph 4, article 193 as amended
by the Law no.796-XV from 25.01.2002]
(5) The ballot papers containing the
same question must have the same format, must be printed with the same fonts,
on paper of the same color and density.
(6) The model and text of the ballot
papers and the model of the protocols of the electoral councils for the
organization of the local referendum shall be approved by the Central Elections
Commission and the text of the ballot papers - by the district electoral
councils.
(7) The ballot papers shall be
distributed to the electoral committees of the polling stations with 2 days
before the date of the local referendum.
Free discussions of
all the aspects of the issues subjected to local referendum shall take place in
compliance with article 47, which shall be applied accordingly.
(1)
Ballot at
the local referendum shall be performed under the conditions set forth by
chapter 9 (article 50 - article 55), which shall be applied accordingly.
(2)
The voter
shall fill in the ballot paper by applying the stamp “Voted” in just one of the
circles situated beneath the quadrilaterals in which the words “aye” or “nay”
are inscribed, expressing in such a way his choice.
[Paragraph 2, article 195 as amended by the Law
no.796-XV from 25.01.2002]
[Paragraph 2, article 195 as amended
by the Law no.480-XIV from 02.07.1999]
Article 196. Votes’ counting and totalization of the local referendum’s results
(1)
Votes’
counting and totalization of the local referendum’s results shall be performed
in compliance with chapter 10 (article 56 - article 60), which shall be applied
accordingly.
(2)
In the
protocol of the totalization of the local referendum’s results there shall be
indicated the number of votes “aye” and the number of votes “nay”.
[Paragraph 2, article 196 as amended by the
Law no.480-XIV from 02.07.1999]
(3) The results of the local
referendum shall be considered by the district electoral council that will take
a decision on it.
Article 197. Confirmation of local
referendum’s results
(1) Within a 2-days term since the
totalization of the local referendum's results, the district electoral council
shall transmit to the respective district court the report on the referendum's
performance, to which the protocol and all the contestations shall be attached,
together with explanatory notes on their settlement. The council of the
Chisinau municipality shall transmit these documents to the Tribunal of the
Chisinau municipality.
(2) The court shall, within a 10-days
term, confirm or infirm the lawfulness of the local referendum and its results.
(3) Within 24-hours since the
judgment of the court's judgment have been adopted, it shall be forwarded to
the Central Elections Commission and district electoral council in charge of
the referendum, that will publish the final results of the local referendum.
[Paragraph 3, article 197 as amended by the Law
no.268-XIV from 04.02.1999]
Article 198. Adoption of decision by local
referendum, its repealing or amendment
(1) The decision shall be considered
as adopted if the majority of the citizens who attended the referendum voted
it. The date of the decision's adoption shall be considered the date of the
local referendum.
(2) The decision adopted by local
referendum shall be repealed or amended, also, by local referendum or by the
decision of the respective local council, adopted with the votes of 2/3 of the
total number of councillors, according to the Law on local public
administration.
[Article 198 as amended by the Law no.796-XV
from 25.01.2002]
Article 199. Invalid local referendum
The
local referendum shall be considered as invalid if it was attended by less then
half of the persons registered in the electoral lists.
Article 200. Null local referendum
The
court in the judicial district of which the local referendum has occurred shall
declare it null on the whole respective district or in certain polling stations
if during the voting or votes’ counting severe violations of this Code had
occurred, which impacted the outcome of the referendum.
Article 201. Repeated local referendum
If the
local referendum has been declared null, the authorities that have taken the
decision on the unfolding of the referendum shall hold, within a 2-weeks term,
repeated referendum according to the provisions of this title and of this Code.
Electoral councils and committees guilty of frauds shall be replaced.
Article 202. New local referendum
New
local referendum concerning the same issue may be carried out after the
expiration of at least one-year since the last referendum.
T i t l e
VII
FINAL AND TRANSITORY PROVISIONS
Article 203. Coming into force
The present Code shall
come into force on the date of its publication.
[Article 203 as amended by the Law no.268-XIV
from 04.02.1999]
[The phrasing “and shall be applied since
the date of its adoption” from article 203 is] [declared unconstitutional by
Article 204. Transitory provisions
After
the coming into force of this Code:
(1)
The Parliament shall adopt, within 10 days, a decision on the creation
of the Central Elections Commission (permanent authority), under the conditions
of section 1 of chapter 3 (article 16 - article 22).
(2)
The authorities provided in article 16 Paragraph (2) shall submit to
the Parliament, within a 5-days term, the candidacies for the constitution of
the Central Elections Commission.
(3)
The Government:
a) within a month term:
- shall make proposals to the Parliament on
the bringing of the legislation in compliance
with this Code;
- shall
provide the Central Elections Commission with premises, financial means and
technical-material facilities.
b) shall foresee in the draft law on
the state budget for the year 1998 the necessary expenses for the activity of
the Central Elections Commission and for the organization and holding of
elections.
(4)
The parliamentary elections of the XIVth legislature shall
take place on
(5)
The Central Elections Commission:
a)
shall draft and adopt its Rules within 10 days after the constitution;
b) shall submit to the Government the draft estimate of expenses for its
activity and for the organization of
elections;
c)
shall start, after the constitution, the exercise of its duties,
provided in article 22.
(6)
It shall be prohibited to set up and run electoral authorities not
provided by this Code.
At the
date of the coming into force of this Code, there shall be abrogated: the Law
no.1040-XII from May 26, 1992 on the referendum, the Law no.1609-XII from
October 14, 1993 on parliamentary elections, the Law no.308-XIII from December
7, 1994 on local elections, the Law no.833-XIII from May 16, 1996 on the
elections for the position of President of the Republic of Moldova, the Law
no.1133-XIII from April 2, 1997 on the revocation of the mayor of the village
(commune), city.
PRESIDENT
OF THE Dumitru MOTPAN
PARLIAMENT
Chisinau, November 21, 1997.
No.1381-XIII.