Parliament adopts this organic law.
Art. I. - Election Code no. 1381-XIII of 21 November 1997 (Official Gazette of the Republic of Moldova, 1997, no. 81, art. 667), as amended, is amended and supplemented as follows:
1. The preamble reads as follows:
"The will of the people is the power of the state. This will is expressed through free elections are held regularly through universal, equal, direct, secret and freely expressed. The state guarantees the free expression of the will of citizens by defending democratic principles and norms of electoral laws. This Code establishes the organization and conduct of the parliamentary elections for the President of the Republic of Moldova, local government authorities, and the organization and conduct of referenda. "
2. Article 1:
term "election" will read as follows:
"elections - if not making any specific reference, elections in Parliament of the President of the Republic, the local government authorities as well and referendums. The same stands for the actions of citizens, parties and other socio-political organizations, electoral blocs, electoral and other state bodies concerning the preparation of electoral lists, nomination and registration of candidates, election campaigning, voting and tabulation of results, and other actions elections in accordance with law; "
concept" electoral bloc ", the words" parliamentary elections "shall be substituted with the words" parliamentary elections, presidential ";
Concept of "candidates" will read as follows:
"candidates:
- Independent candidates, registered by the Central Election Commission, as well as parties, other socio-political organizations and electoral blocs whose lists of candidates have been registered by the Central election Commission - in case of parliamentary elections;
- Candidates for the Presidency of the Republic, the Central Election Commission registered - if the presidential election;
- Parties, other socio-political organizations, electoral blocs and individuals running for mayor or local councilor and registered by the respective district electoral councils - in local elections; "
after concept "electoral official" introduces a new definition as follows:
"initiative group - the group consisting of citizens entitled to vote under this code and registered by the Central election Commission for collecting signatures in support of a candidate for an elective position or to a referendum; "
term" electoral authorities "will have the following wording:
" electoral bodies - bodies that organize parliamentary elections for the President of the Republic of Moldova, local government authorities and referendums ".
March. Article 21 (2), after the words "parliamentary elections" the words "presidential elections";
4. Article 23:
in paragraph (1), after the words "parliamentary elections" the words "presidential elections";
In paragraph (2) after the words "parliamentary elections" the words "presidential elections".
May. Article 26 (1), letter d) reads as follows:
"d) based on data provided by the Ministry of Justice published the list of parties and other socio-political organizations have the right to participate in elections, register candidates and trustees of their parliamentary and presidential elections; ".
June. Article 27 (4), the words "parliamentary elections" shall be substituted with the words "parliamentary elections, presidential."
July. Article 291:
in paragraph (2) the words "parliamentary elections" shall be substituted with the words "parliamentary elections, presidential";
In paragraph (3), after the word "abroad" the words "and the number of voters who participated in the previous elections."
August. Article 36 (1), after "as well as material support in any form" the words "initiative groups".
September. Article 38 is completed with paragraph (10) as follows:
"(10) The provisions of this Code relating to the conditions, manner, restrictions and responsibility for financing electoral campaigns of candidates for elections, candidates and referenda shall apply accordingly and initiative groups. Regulation on the funding of the initiative group to collect signatures in support of a candidate for an elective position or to a referendum is approved by the Central Election Commission. "
10. Article 382 (1) in the introductory part, the words "parliamentary elections" shall be substituted with the words "parliamentary and presidential elections."
11. Article 41:
(1) reads as follows:
"(1) If parliamentary and presidential elections, the process of nomination of candidates starts 60 days before election day and ends 30 days before election day. In local elections, candidates shall be after the establishment of constituencies and electoral councils according to art. 120. "
in paragraph (2) b) the words" parliamentary elections "shall be substituted with the words" parliamentary elections, presidential ";
In paragraph (3), letter a) shall read as follows:
"a) Statements of candidates for parliamentary elections and the candidates for President of the Republic of Moldova deposited with the Central Election Commission;".
12. Article 42 (4), the word "indicate" is replaced by "complement personal," and finally completed with the text: "If the sponsor candidate can not, for objective reasons, personally complete the requested data these are complemented by the initiative group member or other person authorized to collect signatures, signature in the subscription list is applied directly supporter, and in case of impossibility, a legal representative. "
13. Article 43:
in paragraph (2), the words "election" is replaced by "Central Elections Commission or the district electoral council";
In paragraph (4) c) the text "paragraph. (6) "is replaced by" paragraph. (4) and (6) '.
14. Article 44 (1) reads as follows:
"(1) For the registration of candidates, the Central Electoral Commission or district electoral councils must be submitted not later than 30 days before election day, the following documents:
a) minutes of the meeting or territorial body of the party, other socio-political organizations or electoral bloc regarding the nomination of the candidate (list of candidates drawn up according to art. 79 and 126);
B) petitions with the number of signatures in support of independent candidates;
C) biographical data of the candidate;
D) candidate's statement of consent to run for office for which he was nominated and sworn statement containing about lack of legal prohibitions / court to apply;
E) candidate's statement estate and movable property, bank deposits, securities, inherited sums and income over the two years preceding the year of elections, and the sources of income, including income from investment funds , as interest, lease, property etc .;
F) the health certificate of the candidate for the Presidency of the Republic, issued by the medical institution where he is in evidence;
G) statement of the candidate for mayor on giving up, the term of office, functions that are incompatible with the mayor, if the candidate is elected and validated;
H) a statement about the suspension during the election campaign, previously held position - for persons who fall within Articles. 13 para. (3);
I) election symbol in electronic and paper;
J) a copy of the identity of the candidate. "
15. Article 45 (3) reads as follows:
"(3) The Central Electoral Commission register the contestants in parliamentary elections and the candidates for President of the Republic of Moldova. In elections for mayors and councilors in local councils, trustees of candidates shall be registered by the respective district electoral council. "
16. Article 48:
(1) reads as follows:
"(1) The form and text of the ballot for parliamentary elections and Presidential shall be approved by the Central Election Commission. The ballot for local elections is determined by the Central Election Commission and the text shall be approved by the district electoral council. "
In paragraph (2) the words" year of birth, profession () function, work of the candidate "is replaced with the word" candidate ".
17. Article 49 (6), the words "parliamentary elections" shall be substituted with the words "parliamentary and presidential elections."
18. Article 53 (3) e) the words "Parliamentary elections or a national referendum if" is replaced by "if parliamentary elections, presidential or republican referendum".
19. Article 60:
in paragraph (1), the introductory part shall read as follows:
"If the elections are parliamentary, presidential, general local elections and republican referendum, based on the documents presented by the electoral councils, the Commission CEC shall, within five days, a record containing "
in paragraph (3), after the words" parliamentary elections "the words" and of the President of the Republic of Moldova ", and finally is supplemented by the words "and the mandate of the President of the Republic of Moldova".
20. Article 61:
in paragraph (1), the words "parliamentary elections" shall be substituted with the words "parliamentary elections, presidential";
In paragraph (3), letter a) shall read as follows:
a) Central Elections Commission - in case of parliamentary elections, presidential, general and local referenda; ".
21. Article 641:
in paragraph (3), the words "parliamentary elections" shall be substituted with the words "parliamentary elections, presidential";
To (4), the words "parliamentary elections" shall be substituted with the words "parliamentary elections, presidential";
In paragraph (5) the words "parliamentary elections" shall be substituted with the words "parliamentary elections, presidential."
22. Article 65 (6), the words "parliamentary elections" shall be substituted with the words "parliamentary and presidential elections."
23. Article 69 (5) the words "parliamentary elections" shall be substituted with the words "parliamentary and presidential elections."
24. Title IV shall read as follows:
"IVALEGERILE TITLE FOR THE POSITION OF THE REPUBLIC OF MOLDOVA DEPREŞEDINTE
Article 95. Scope of this title
provisions of this title (Art. 95 - Art. 117) shall be applicable only to elections for President of the Republic of Moldova. Article 96.
Presidential Election (1) The president of Moldova is elected by universal, equal, direct and secret suffrage for a term of 4 years.
(2) Election of the President of the Republic of Moldova is done in a single national constituency.
Article 97. Electoral districts and polling stations.
Electoral councils and offices
Precinct election
(1) In order to organize and conduct elections, CEC shall form at least 55 days before the election constituencies corresponding administrative-territorial units of Moldova's territorial unity Gagauzia, Chisinau and Balti and at least 50 days before the election, electoral councils, under article. 27, which applies accordingly. Powers electoral councils are those set out in art. 28, except for letter g), whose provisions are applied accordingly.
(2) Electoral districts shall be divided into precincts under Art. 29 and 291, which applies accordingly.
(3) At the polling stations electoral committees are formed. Setting up stations and the exercise shall be carried out under Art. 29, 291 and 30, which shall apply accordingly. Article 98. Determination of Election Day
(1) Election of the President of the Republic of Moldova will take place at least 30 days and not more than 60 days before the expiry of the mandate of the President in office.
(2) In case of vacancy of the office of President of the Republic of Moldova (in case of resignation, impeachment, permanent inability to perform his duties or death) sets election date within two months from the day he spoke holidays.
(3) Parliament shall determine the date of elections of the President of the Republic of Moldova at least 60 days before election day.
Article 99. Special Requirements for candidates
President of the Republic of Moldova
The President of the Republic of Moldova can be elected Moldovan citizen voting age who have 40 years old on election day, he has been living permanently in Moldova not less than 10 years, speaks the state language and fulfills the conditions set forth herein.
Article 100. Nomination of candidates for the position of
Moldovan President
Nomination of candidates for the position of President of the Republic of Moldova is starting 60 days before the election for the position and ending 30 days before election day, according to art. 41, which applies accordingly.
Article 101. Registration of candidates (1) For the registration of candidates for President of the Republic, the Central Election Commission shall submit the documents provided in art. 44 the petitions under art.
102. (2) The CEC issued to registered candidates established pattern.
Article 102. Special Requirements for Signature
subscription
(1) To be registered by the Central Election Commission, candidates for the position of President of the Republic of Moldova submitted petitions containing signatures of at least 15,000 and no more than 25,000 voters in at least half the number of administrative-territorial units of the Republic of Moldova and meet other requirements of this code.
(2) is deemed to comply with paragraph. (1) administrative units units of the Republic of Moldova have been collected no less than 600 signatures.
(3) If the Central Election Commission detected to check the subscription lists repeated false signatures in several lists, their signature and those made in breach of art. 42 and 43 are excluded.
(4) If the inspection found not shown the required number of signatures or, after exclusion of invalid signatures, their number was reduced to minimum threshold provided in par. (1) and paragraph. (2) the candidate is not registered conveyed to him the decision in question within 24 hours of adoption.
(5) It is prohibited submission of further petitions after verification of petitions by the Central Election Commission.
Article 103 initiative groups to support
candidates for President of
Moldova (1) If the initiative to support candidates for President of the Republic of Moldova to the citizens, it is an initiative group to support the candidate of at least 25 people and more than 100 people voting. The initiative group is established after a meeting at which support the candidate for President of Moldova is elected leader of the group and approved the list of members of the initiative group with their identity data. The initiative group can support only one candidate for President of Moldova. Members of the initiative group may not simultaneously be members of another initiative group. If political parties and electoral blocs, initiative group is established under the same conditions.
(2) The list of members of the initiative group, which indicated the leader of this group, shall be submitted to the Central Election Commission not later than 50 days before election day, the person proposed as candidate for President of the Republic Moldova. The list shall contain the name and surname, date of birth and address members of the initiative group.
(3) If these conditions are met, the CEC registered initiative group and its members identity cards issued within 3 days from the date of submission of the list of members.
Article 104. Electoral lists Electoral lists for election of the President shall be made in accordance with Chapter 5 (art. 39 and art. 40), which applies accordingly. Campaigning
Article 105. (1) The campaign for the election of the President shall commence no earlier than 30 days before election day and be conducted in accordance with Chapter 7 (art. 45, art. 47 ), which applies accordingly.
(2) The candidate for President of the Republic of Moldova can be in each constituency trustworthy person who helps the electoral campaign, are campaigning for his election, representing their interests in relations with public authorities, voters and electoral bodies. Trusted person representing the interests of a single candidate. The number of trustees shall be determined in accordance with art. 45 para. (1).
(3) The same person can be trusted candidate in several constituencies, provided that the number of people trusted in each constituency. Trusted person can activate only in constituencies where it was designated by the Central Election Commission.
Article 106. Ballots Ballots are prepared in accordance with Chapter 8 (art. 48 and art. 49), which applies accordingly.
Article 107. Voting Voting in the election of the President of the Republic of Moldova is done in accordance with the provisions of Chapter 9 (art. 50, art. 55), which applies accordingly.
Article 108. tabulated
election results tabulated election results for President of the Republic of Moldova is done in accordance with the provisions of Chapter 10 (art. 56, art. 60), which applies accordingly.
Article 109. Second round.
Special provisions (1) If none of the candidates for President of Moldova has obtained at least half of the votes of electors who participated in elections are held the second round for the first two candidates in order of decreasing number of votes in the first round.
(2) If several candidates have obtained an equal number of votes for getting into the second round, the CEC carried out the draw, mentioning this fact in the minutes. Candidates have the opportunity to decide jointly which of them will run in the second round or participate in the draw.
(3) If two candidates participating in the second round met the same number of votes in the first ballot, the order of their names on the ballot will be determined by drawing lots.
(4) The second round takes place in two weeks from the date of the first round in this Code. Information about the conduct of the runoff appears to the public by the Central Election Commission within 24 hours from the date on which it was established. Date of the second round is determined by the Central Election Commission.
(5) shall be declared elected the candidate who obtained the highest number of votes in the second round. The votes for a candidate shall be considered as votes cast against another candidate.
(6) Where both candidates have obtained the same number of votes shall be considered elected candidate who won the most votes in the first round. Where both candidates have accumulated the same number of votes in the first round, the CEC carried out the draw, mentioning this fact in the minutes.
(7) If one of the candidates withdraws, the remaining shall be considered elected if received at least half of the votes of voters who participated in the elections.
Article 110. Summarizing election results
(1) If, after tabulation of election results, it appears that a candidate received at least half of the votes of voters who participated in the elections, the Central Elections Commission declared the elections valid applicant.
(2) The Central Election Commission within three days of signing the minutes summarizing the election to the Constitutional Court a report on the election results and conduct referred to in art. 60.
Article 111. Confirmation of the legality of the election within 10 days after receiving documents from the Central Election Commission, but not before final settlement by the courts of appeals submitted under the procedures established by law, Constitutional Court confirms or rejects, by a decision, the legality of elections.
Article 112. Validation of mandate of President
Moldovan
(1) Constitutional Court confirms the election results and validates the election of a candidate, take a decision that will be published immediately.
(2) To validate the mandate, the elected candidate for President of the Republic of Moldova represents confirmation that the Constitutional Court is not a member of any political party and does not fulfill any other public or private.
Oath Article 113. (1) The candidate whose election has been validated by the Constitutional Court submitted to the Parliament and the Constitutional Court within the period prescribed in Art. 79 para. (2) of the Constitution, the following oath:
"I swear to devote all my strength and skill advancement Moldova to observe the Constitution and laws of the country, to defend democracy, human rights and fundamental freedoms, sovereignty, independence, unity and Moldova's territorial integrity. "
(2) from the day actually begins oath exercise of their office of President of the Republic of Moldova.
Article 114. Invalid Elections (1) Elections shall be considered invalid if the first round was attended by more than 1/3 of the voters registered in electoral lists. The decision to declare the election invalid shall be adopted by the Central Election Commission based on the documents submitted by the district electoral councils.
(2) In the second round, the election shall be declared valid regardless of the number of voters who participated in the elections.
Article 115. Null elections If the Constitutional Court that the elections and / or vote counting were violations of this code that influence the elections, the elections were declared void.
Article 116. Repeat Elections (1) If elections were declared null and void, repeated voting takes place.
(2) The Central Electoral Commission within two weeks of the declaration of elections null and void, carrying out repeated voting on the same electoral lists, for the same candidates and the same electoral councils and committees.
(3) In case of holding repeat voting after the second round of the provisions of Art.
109. (4) Electoral competitors guilty of fraud influence the elections entirely excluded from elections and electoral councils and polling stations that have committed such frauds shall be replaced. New elections
Article 117 (1) New elections:
a) if, after repeat elections were declared null and void;
B) if the election saw one or two candidates and none has accumulated at least 1/2 of the votes of voters who participated in the elections.
(2) The new elections date is determined by Parliament no later than 30 days after the previous elections ordinary or repeat voting, which has not been elected President of the Republic of Moldova with at least 60 days before election day in this code. "
25. Article 143 (1), after the word "legislative" the words "Presidential dismissal".
26. Article 145 (2) reads as follows:
"(2) A republican referendum can not take place, also with 60 days before and 60 days after the day of parliamentary elections, presidential and local general and the day of another republican referendum. "
27. Article 146 (1) reads as follows:
"(1) republican referendum may be subjected the following issues:
A) adoption of the Moldovan Constitution and Moldovan constitutional revision;
B) approval of constitutional laws adopted by the Parliament revising provisions regarding the sovereignty, independence and unity of the state, as well as on the permanent neutrality of the state;
C) dismissal of the President of the Republic of Moldova;
D) other important issues of society and the state. "
28. Article 149 reads as follows:
"Article 149. Initiation of referendum on the dismissal
Presidential
(1) Referendum on Presidential dismissal may be initiated exclusively by Parliament.
(2) Following the adoption of the decision on dismissal of Moldovan President in compliance with art. 89 para. (1) and (2) of the Constitution, Parliament, within 5 days, take a decision on holding a referendum on the matter. The referendum is conducted within the period specified in Art. 89 para. (3) of the Constitution.
(3) The referendum on the dismissal of the President of Moldova is provided by the Central Election Commission. "
29. In Article 168, paragraph (1) shall be in the end the text: "The decision to remove the President of the Republic of Moldova shall be adopted by republican referendum if it gains a number of voters equal to or higher than in the election of the Moldovan president, but not less than half of the voters who participated in the referendum. "
30. Article 169 reads as follows:
"Article 169. Cancellation or amendment of the decision
taken by republican referendum Cancellation or change the decision taken by republican referendum is also the republican referendum or through the procedures provided for revision of the Constitution. These provisions should not affect the decision to remove the President of the Republic of Moldova. "
31. In Article 189, the words "(local, parliamentary)" is replaced by "(local, parliamentary, presidential)".
Art. II. - Election Code no. 1381-XIII of 21 November 1997, all subsequent amendments, will be published in the Official Gazette of the Republic of Moldova.