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Law No. 67 Of 23 November 1991 On The Organization And Conduct Of The National Referendum On The Constitution Of Romania

Original Language Title:  LEGE nr. 67 din 23 noiembrie 1991 privind organizarea şi desfăşurarea referendumului naţional asupra Constituţiei României

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LEGE No. 67 of November 23, 1991 on the organization and conduct of the national referendum on
ISSUER CONSTITUENT ASSEMBLY
Published in OFFICIAL MONITOR NO. 236 of 23 November 1991



Pursuant to Article 3 of the Decision of the Constituent Assembly no. 3/1991 on certain measures to adopt the Romanian Constitution, The Constituent Assembly passes this law. + Article 1 The citizens of Romania are called, on December 8, 1991, to express their will on the Romanian Constitution. + Article 2 Citizens who participate in the referendum have the right to rule by "YES" or "NO" to the following question on the ballot: "Approve the Constitution of Romania adopted by the Constituent Assembly on November 21, 1991?". + Article 3 They have the right to participate in the referendum all Romanian citizens who have reached the age of 18, until the day of the referendum including, except for the mental debilities or alienates, put under prohibition, as well as of the persons convicted by decision Final court to lose electoral rights. + Article 4 Operations for the conduct of the referendum take place at the polling stations established according to Decree-Law no. 92/1990, based on existing electoral lists, updated no later than 5 days after the entry into force of this Law. The updating of the electoral lists will be made by the bodies that have drawn up them, in compliance with the rules on the basis of which they were elaborated, provided by 22 22 and 23 of Decree-Law no. 92/1990 92/1990. People who are in the execution of a private sentence of freedom do not register in the electoral lists. + Article 5 The display of electoral lists and the public knowledge of polling stations and voting venues shall be made no later than 48 hours after the end of the term provided by art. 4 4 para. 1. The electoral lists will be displayed at the town hall and at each polling station for people who vote at that section. The original of the electoral lists shall be sent, within 24 hours from their preparation, for storage, to the court in whose territorial area the respective locality is located. Special lists for the military are kept at the military unit. + Article 6 Citizens have the right to check the registration in electoral lists. The events against omissions, wrong entries and any errors in the lists are made to the bodies that have drawn up the lists, which are obliged to rule on the spot or no more than 24 hours after registration. Appeals against decisions taken by the bodies provided in par. 1 shall be settled not later than 48 hours by the judge in whose territorial area the participant in the referendum resides or, in the case of those registered in the special lists, by the judge in whose territorial area he is resident. The court decision shall be final and enforceable; it shall be communicated to the persons concerned no later than 24 hours after the ruling. + Article 7 Citizens who live in another locality than where they are domiciled are obliged to ask the town hall in that locality to register them in distinct electoral lists. No more entries can be made 3 days before the date of the referendum. The body that prepares the electoral list provided in par. 1 is obliged to ask the city hall for the removal of the persons concerned from the electoral lists of that locality. + Article 8 The citizen who on the day of the referendum is in a locality other than that in which he is registered in the electoral list can exercise his right to vote in that locality, at any polling station, following being registered in a separate list, by the electoral bureau of the polling station, based on the identity card or certificate holding the identity card. + Article 9 The bodies that have drawn up the electoral lists will submit to the electoral bureaus of the polling stations 2 days before the date of the referendum. Any subsequent amendment shall be communicated immediately to the offices of the polling stations. + Article 10 For the organization and conduct of the referendum, within 5 days from the date of entry into force of this Law, the Central Electoral Office, electoral bureaus of the counties and the city of Bucharest, as well as electoral bureaus of the polling stations. + Article 11 The Central Electoral Office is made up of 7 judges, one of whom will serve as president, and delegates of the political parties represented in Parliament. The appointment of the 7 judges will be made, no later than 3 days from the date of entry into force of this law, by the Assembly of Deputies and the Senate, in the joint meeting, by drawing lots, from a list of 21 judges, presented by the Minister justice. The President of the Central Electoral Office shall be elected, by secret ballot, by its judges, no later than 24 hours. + Article 12 The Central Electoral Office watches the updating of electoral lists, bringing them to the attention of citizens, supervises the correct conduct of the referendum, finds and proclaims its results according to the provisions of this law. The Central Electoral Office shall settle the appeals that are addressed to it, except those who are in the competence of other electoral bureaus or courts. If he finds an electoral fraud at an office of a polling station, the Central Electoral Office has the cancellation of the referendum results within that polling station. The Central Electoral Office accredits and withdraws the accreditation of representatives of the media. + Article 13 The electoral bureaus of the counties and the city of Bucharest, as well as the electoral bureaus of the polling stations, are composed of a president and no more than 6 delegates of the political parties represented in Parliament. The chairmen of the electoral bureaus are established by the president of the county court or of the city of Bucharest, no later than 3 days after the entry into force of the present law, by drawing The draw is made from a list that includes, in the following order: judges and prosecutors, as well as other jurists from the county or Bucharest municipality who are not part of a political party. If the number of jurists is insufficient, the draw is made from a list that includes people of another specialty, with a non-irate reputation and without political affiliation. The list of other jurists than judges and prosecutors, as well as persons provided for in the previous paragraph, will be drawn up by prefectures or Bucharest City Hall and will be transmitted to the president of the county court or municipality Bucharest no later than 48 hours after the publication of this law. Establishment of persons provided in par. 3 and 4 will be made taking into account their domicile. + Article 14 Designation of political party delegates according to art. 11 11 and art. 13 is mandatory and shall be communicated, in writing, to the president of the electoral office, no later than 5 days after the entry into force of this law. If the parties cannot designate, in agreement, the representatives in the electoral bureaus, their draw will be organized, in the presence of the president of the judge within whose radius the electoral office is located. If the electoral bureaus cannot be completed according to the previous paragraph, they will work with the number of existing members. + Article 15 The electoral offices of the counties and the city of Bucharest meet the following main tasks: a) make the necessary publications and displays; b) resolve, immediately or in no more than 24 hours after the referral, the events related to their own activity and appeals regarding the operations of the electoral bureaus of the polling stations; c) total the results of the referendum from the polling stations in the county or, as the case may be, the city of Bucharest and submit them to the Central Electoral Office, together with the documents underlying them. + Article 16 The electoral offices work in the presence of half plus one of the total number of members and take decisions with the majority of the members present. + Article 17 The model of the ballot shall be as set out in Annex no. 1. The ballots will be printed through the care of the Romanian Government and will be distributed, through prefectures and mayoralties, to the offices of polling stations, at least 2 days before the referendum date. The handover and receipt of the ballots shall be made on the basis of minutes. Two copies of the ballot, targeted and cancelled by the president of the electoral bureau of the polling station, will be displayed, one day before the date of the referendum, at the polling station headquarters. At the request of political parties, the electoral bureau of the polling station will issue, for each, a ballot, targeted and cancelled. + Article 18 The referendum campaign begins on the date of entry into force of this law and ends the day before the referendum date. In the referendum campaign, political parties and citizens have the right to express their opinions freely and without any discrimination, through rallies, through public gatherings and by means of mass information. The means used in the referendum campaign cannot run counter to the rule of law. + Article 19 Each polling station must possess a sufficient number of cabins, urns and polling stamps. The cabins and urns must be placed in the same room where the president's office is located. The cabins, the urns and the stamps will be provided by the communal, city, municipal and sectors of the Bucharest municipality. The stamps "Voted" and the control stamp must conform to the model approved on the basis of the provisions of Decree-Law no. 92/1990 92/1990. The chairman of the electoral bureau of the polling station must be present at the polling station headquarters on the eve of the referendum day, at 18.00, and is obliged to take the necessary measures to prepare the voting operations. The president will order the fixing of guard posts around the voting place. + Article 20 On the day of the referendum, at 5.00, the president of the electoral bureau of the polling station, in the presence of the other members, checks the polls, the existence of electoral lists, ballots and stamps, after which he closes and seals the polls, applying the control stamp of the polling station. The President is obliged to ensure the application of the control stamp on the ballot papers. + Article 21 The president of the electoral bureau of the polling station is obliged to take the necessary measures for the conduct of the referendum to proceed in good conditions. His powers, in this regard, also lie outside the polling place, in his yard, at the entrances to the courtyard, around the voting place, as well as on the streets and in public squares, up to a distance of 500 meters. Apart from members of the electoral bureau of the polling station and delegates accredited by the Central Electoral Bureau, no other person can be stationed, in public places in the polling area or in the voting place, over the time required for carrying out the voting operation. To maintain order, the president of the electoral bureau of the polling station will have the necessary means of order, through the care of the Ministry of Interior and the Ministry of National Defence. + Article 22 On the day of the referendum the voting begins at 6.00 and ends at 21.00. Exceptionally, the polling station office can extend the voting after 21.00, but no later than 24.00, with the approval of the county electoral office or Bucharest municipality. + Article 23 The access of the referendum participants to the voting hall takes place in the series corresponding to the number of Each will present the electoral office of the polling station with the identity card or certificate holding the identity card. Electoral office, after verification of registration in the electoral list or after registration in the separate electoral list provided for in art. 8, will hand the participant the ballot and the stamp with the mention "Voted". The referendum participant will express his will individually, in a closed booth, applying the "Voted" stamp only in one of the two squares of the ballot, corresponding to his option. After voting, the referendum participant will bend the ballot, so that the white page, which carries the control stamp, will remain outside, after which it will introduce it to the urn, taking care not to open. The stamp entrusted for the voting shall be returned to the president, who will apply on the identity card of the participant under the heading "Special Mentiuni", or on the certificate holding the identity card, the stamp of control of the polling station. The President may take measures that the stationing of the voting in the polling booth should not be unduly extended. + Article 24 The president of the electoral bureau of the polling station can suspend voting for thorough reasons. The suspension cannot exceed one hour and will be announced by display on the door of the voting venue. The duration of all suspensions may not exceed two hours. During the suspension, ballot boxes, stamps, ballots and all works of the electoral office will remain under permanent guard. + Article 25 The presence of any person in the voting booths, outside the voting booth, is prohibited. The participant in the referendum who, for thorough reasons, found by the president of the electoral bureau of the polling station, cannot vote alone, has the right to call, in order to help him, in the polling booth, an attendant chosen by him. + Article 26 For non-transportable persons due to illness or disability, at the request of those in this situation or at the request of the management bodies of the health or social protection institutions in which the non-transportable are hospitalized, the president of the electoral bureau of the polling station shall designate, within the office, a number of members who travel with a special ballot box and the material necessary for voting at the place where the one concerned is located, in order to carry out the voting. + Article 27 After the vote is concluded, the chairman of the electoral bureau of the polling station will proceed with the cancellation of unmet ballots and the opening of the polls, in the presence of members of the office and, as the case may be, of persons accredited to attend Referendum. The president will read aloud, at the opening of each bulletin, the answer voted and will show the ballot to those present. There are void the ballots that do not carry on them the stamp of control of the polling station, the ballots of another model than the approved legal one, the ones on which the stamp "Voted" was applied next to both answers or was not applied on any of them. Null ballots do not enter into the calculation of valid votes cast. After the end of the vote counting, a report will be concluded that is signed by the president and the other members of the office and shall be submitted, in no more than 24 hours, to the county electoral office or Bucharest municipality. Art. 68 of Decree-Law no. 92/1990 92/1990 shall apply accordingly. + Article 28 During the voting and opening operations of the polls, there may be events and appeals regarding these operations. The appeals are made in writing and presented to the president of the electoral bureau of the polling station, which will issue proof of receipt. The president of the electoral bureau of the polling station will decide, immediately, on appeals whose resolution does not suffer delay. + Article 29 The Central Electoral Office will centralize at national level, the number of valid votes cast for each response on the ballot and the number of null votes. Depending on the majority of votes cast across the country, the Central Electoral Bureau will proclaim the outcome of the referendum in the joint sitting of the Assembly of Deputies and the Senate, which will be attended by the President of Romania Supreme Court of Justice. + Article 30 The models of the minutes drawn up by the electoral bureaus of the polling stations and of the counties or of the city of Bucharest are those provided for in Annexes no. 2 2 and 3. + Article 31 Insofar as this law does not have otherwise, the provisions of Decree-Law no. 92/1990 92/1990 shall apply accordingly. This law was adopted by the Constituent Assembly at its meeting on 22 November 1991. PRESIDENTS CONSTITUENT ASSEMBLY academician ALEXANDRU BIRLADEANU MARTIAN DAN Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the Romanian Parliament and President, promulgam the Law on the organization and conduct of the national referendum on the Romanian Constitution and we have its publication in the Official Gazette of Romania ROMANIAN PRESIDENT ION ILIESCU + Annex 1 R O M A N I A B U L E T I N DE V O T ON CONSTITUTION APPROVE ----- CONSTITUTION OF ROMANIA | YES | ADOPTED BY ----- CONSTITUENT ASSEMBLY ----- ON 21 NOVEMBER 1991? | | NO | ----- NOTE: 1. The ballot will be the size of an A4 sheet half. 2. The text of the ballot will be printed with 24 letters straight, black verzale novels. 3. The square will have a side of 4 cm. + Annex 2 County *) ............................. Commune (city, municipality, sector Bucharest Municipality) ............... Polling station no. MINUTES on the results of the Romanian Constitution 1. Number of participants **) .................... 2. Number of valid votes cast on the answer "YES" .......... 3. Number of valid votes cast on the answer "NO" .......... 4. Number of votes null ............. 5. Number of contested votes ......... 6. The number of events and appeals received .......... 7. The number of events and appeals resolved .......... 8. The number of events and appeals submitted to the county office ... 9. Short notice of how to resolve intimacies and appeals ...... President of the electoral bureau, Members (surname and surname, (name and surname signature and stamp) and signature) Date ................. --------------- Note *) Bucharest Municipality, if the polling station is part of this municipality. Note ** **) The number of participants must be equal to the amount resulting from the addition of the figures from item 2 2, 3 and 4. + Annex 3 County Election Office *) ................................ MINUTES on the results of the Romanian Constitution 1. Number of participants **) ................. 2. Number of valid votes cast on the answer "YES" .......... 3. Number of valid votes cast on the answer "NO" ......... 4. Number of votes null .......... 5. Number of contested votes ............. 6. Total number of events and appeals .......... 7. The number of events and appeals resolved by the electoral bureaus of polling stations ........ 8. Short notice of how to resolve the events and appeals by electoral bureaus of polling stations ...... 9. The number of events and appeals submitted to the county office ... 10. Short notice of how to resolve intimacies and appeals by the county electoral office ....... President of the Electoral Bureau, Members (surname and surname, (name and surname signature and stamp) and signature) Date .............. -------------------- Note *) The electoral office of the city of Bucharest if the minutes are concluded by him. Note ** **) The number of participants must be equal to the amount resulting from the addition of the figures from item 2 2, 3 and 4. ---------------------