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Law No. 69 Of 15 July 1992, For The Election Of The President Of Romania

Original Language Title:  LEGE nr. 69 din 15 iulie 1992 pentru alegerea Preşedintelui României

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LEGE no. 69 69 of 15 July 1992 (* updated *) for the election of ((updated until 26 September 2003 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The President of Romania shall be elected by universal, equal, direct, secret and freely expressed vote, under the conditions of this Law. (2) The voter shall be entitled to a single vote, in each ballot organized for the election of the President of Romania, according to art. 81 81 para. ((2) and (3) of the Constitution. + Article 2 (1) In administrative-territorial units, electoral operations for the election of the President of Romania shall be made in electoral districts and polling stations, under the direction of electoral bureaus provided by law for the election of Deputies and the Senate, based on the same voter rolls. (2) Constitutional Court, according to art. 144 lit. d) of the Constitution, shall ensure that the provisions of this law are respected throughout the country and confirm the results of the suffrage. + Article 3 (1) The elections for the President of Romania may present candidates proposed by parties and political parties or independent candidates. Parties and political parties can propose, either separately or together, only one candidate. (2) Candidates proposed by parties, political parties or political alliances, as well as independent applications can only be submitted if supported by at least 300,000 voters. A voter can support a single candidate. -------------- Alin. ((2) art. 3 was amended by EMERGENCY ORDINANCE no. 129 129 of 30 June 2000 published in MONITORUL OFFICIAL no. 311 311 of 5 July 2000. + Article 4 (1) The date of the elections shall be determined and made public by the Government at least 45 days before the voting day and until the 5th day following the expiry of the term of office of the President in office or, as the case may be, from the date on which the begins to run the term provided in art. 96 96 para. (2) of the Constitution. (2) Elections take place in one day, which may only be on Sunday. -------------- Alin. ((1) art. 4 was amended by EMERGENCY ORDINANCE no. 140 140 of 14 September 2000 published in MONITORUL OFFICIAL no. 467 467 of 26 September 2000. + Chapter 2 Organisation and conduct of elections + Section 1 Electoral bureaus + Article 5 The Central Electoral Office has the following tasks a) watch the updating of electoral lists, follow the legal provisions regarding the election of the President of Romania throughout the country and ensure their uniform application; b) observes compliance with the provisions of this law for the submission of applications and records the applications fulfilling these conditions; c) communicate to the constituency electoral bureaus the registered applications and make them known by the press; d) solve the events at their own activity and the appeals sent by the constituency electoral bureaus; the given solutions are final; e) centralizes the results of the elections, finds the candidate elected and presents to the Constitutional Court the necessary documentation for the validation of the mandate f) meets any other obligations under this law. + Article 6 Constituency electoral bureaus have the following tasks: a) make publications and displays of law, within 5 days from the receipt of communication on applications registered with the Central Electoral Office; b) solve the events related to their own activity and appeals regarding the operations of the electoral bureaus of polling stations; c) distribute to the electoral bureaus of polling stations the ballot papers, control stamps and stamps with the mention "Voted"; d) centralize the election result for the electoral district and submit to the Central Electoral Bureau the minutes covering these results, as well as the meetings, appeals and minutes received from the electoral bureaus of polling stations; e) meet any other obligations provided by law in their charge. + Article 7 The electoral bureaus of polling stations shall, accordingly, perform their duties, according to the law, for the election of the Chamber of Deputies and the Senate. + Article 8 Electoral bureaus work and make decisions with the majority vote of the members present + Section 2 Applications + Article 9 (1) The proposals of candidates for the election of the President of Romania shall be submitted to the Central Electoral Office, at the latest 30 days before the election date. ((. The proposals shall be made in writing and shall be received only if: a) are signed by the party leadership or political party or by their leaders, who proposed the candidate or, as the case may be, the independent candidate; b) include the surname and name, place and date of birth, marital status, domicile, studies, occupation and profession of the candidate and stating that it meets the conditions provided by law to run; c) are accompanied by the declaration of acceptance of the candidacy, written, signed and dated by the candidate, as well as by the list or lists of supporters, whose number cannot be less than 300,000 voters. (3) The list of supporters is a public act, under the sanction provided by art. 292 of the Criminal Code. The list or lists of supporters must include the date of the election, the surname and name of the candidate, as well as his first name and name, date of birth, address, name, series and number of identity document and signatures of voters candidacy. The list will also mention the name and surname of the person who prepared it. The person who has drawn up the list is obliged to file a declaration on his own responsibility stating the veracity of the signatures of the supporters. (4) The proposal for candidacy shall be submitted in 4 copies, one original copy and 3 copies, of which the original and one copy shall be kept at the Central Electoral Office, another shall be registered at the Constitutional Court, and the fourth, certified by President of the Central Electoral Bureau, is returned to the depositor -------------- Letter c) a par. ((2) art. 9 was amended by EMERGENCY ORDINANCE no. 129 129 of 30 June 2000 published in MONITORUL OFFICIAL no. 311 311 of 5 July 2000. Alin. ((3) art. 9 was amended by EMERGENCY ORDINANCE no. 129 129 of 30 June 2000 published in MONITORUL OFFICIAL no. 311 311 of 5 July 2000. + Article 10 Persons who, at the time of submission of the application, do not meet the conditions provided by art. 35 of the Constitution to be elected or who were previously elected, twice, as President of Romania. + Article 11 (1) The Central Electoral Office shall bring to public knowledge, through the press, and shall display, at its headquarters, the proposals of candidates it has received, within 24 hours of registration. (2) Until 20 days before the date of elections, the candidate, parties, political parties or citizens may contest the registration or non-registration of the candidacy. The appeal is submitted to the Central Electoral Office, which submits it together with the application file, within 24 hours, for resolution, to the Constitutional Court. (3) The Constitutional Court shall settle the appeal within 48 hours of registration. The solution is final and is published in the Official Gazette of Romania. (4) The day after the expiry of the deadline for the resolution of appeals, provided in par. (3), the Central Electoral Office shall communicate to the constituency electoral bureaus the registered final applications, in the order in which they were submitted. + Section 3 Ballot papers + Article 12 (. Voting bulletins shall be printed according to the model set out in the Annex. (2) The dimensions of the ballot shall be established by the Central Electoral Office, taking into account the number of candidates and the space required for their printing, and shall be transmitted to the constituency electoral bureaus with the communication of applications. (3) The printing of ballot papers shall be provided by district electoral offices through prefects, in compliance with the legal provisions regarding the printing of ballot papers for the election of the Chamber of Deputies and the Senate, which it shall apply accordingly. The prefects respond that all necessary ballots should be printed at least 3 days before the election date. -------------- Alin. ((3) art. 12 was amended by EMERGENCY ORDINANCE no. 140 140 of 14 September 2000 published in MONITORUL OFFICIAL no. 467 467 of 26 September 2000. + Article 13 (1) Electoral signs shall be declared at the Central Electoral Office once the application is submitted. (2) If the elections for the President of Romania take place simultaneously with those for the Chamber of Deputies and the Senate, only the electoral signs established in the elections for the two Chambers will be used. If the elections for the President of Romania take place on a different date, only the electoral signs established in the last elections for the Chamber of Deputies and the Senate will be used In the case of political parties or parties that did not participate in these elections, as well as in the case of political alliances, the provisions of the Law on the election of the Chamber of Deputies and the Senate, regarding signs and names, apply -------------- Article 13 was amended by EMERGENCY ORDINANCE no. 129 129 of 30 June 2000 published in MONITORUL OFFICIAL no. 311 of July 5, 2000, the phrase "electoral coalitions" replacing itself with "political alliances." + Article 14 The legal provisions for the election of the Chamber of Deputies and the Senate, regarding the stamps of polling stations and the handing over, distribution and display of ballots or the release of targeted and cancelled ballots, shall also apply for elections Regarding the President + Section 4 Election campaign and conduct of elections + Article 15 (1) The electoral campaign and conduct of elections for the President of Romania shall be made according to the legal provisions on the election of the Chamber of Deputies and the Senate, with the exceptions (2) The president in office may participate in the electoral campaign of the party or political party that proposed or supports his candidacy, according to art. 9. + Article 16 (1) For candidates to elect the President of Romania, access to public services on radio and television is equal and free of charge. (2) The schedule for the electoral campaign and the distribution of the antenna times for equal and free access of candidates to public radio and television services shall be made, after the end of the application period, by the permanent offices joint of the two Houses of Parliament, together with representatives of public radio and television services and the participation of candidates. (3) If the elections for the President of Romania take place simultaneously with those for the Chamber of Deputies and the Senate, the schedule and distribution of the antenna times for the electoral campaign on the election of the two Chambers will also be considered. + Article 17 Against the solution given by the constituency electoral office to the complaints addressed to him about preventing a party or a political party or a candidate to conduct his electoral campaign, appeals are resolved. by the Constitutional Court, within 3 days of the referral. + Article 18 (1) If the elections for the President of Romania take place simultaneously with those for the Chamber of Deputies and the Senate, persons accredited to assist in the conduct of electoral operations for the election of deputies and senators may also attend the for the election of President of Romania (2) If the elections for the President of Romania take place on a different date, the accreditation to assist in the electoral operations of the delegates of the press, cinema, radio and television, Romanian or foreign, or of the observers external, which requests it, is made by the Central Electoral Office. (3) In the situation referred to in par. (2), the parties and political parties that have proposed candidates will be able to nominate a single delegate, for each polling station and constituency electoral office, to assist in the conduct of electoral operations. The designation is made by communicating the surname, name and domicile of the representative, under the signature of the party leadership or political party. If several parties or political parties have proposed the same candidate, they can only designate a common representative. + Article 19 (1) The elector shall vote by applying the stamp within the quadrilateral which includes the surname and the name of the candidate they vote for. (2) If the elections for the President of Romania take place simultaneously with those for the Chamber of Deputies and the Senate, the stamp shall be applied on the voter card on a single number of elections. (3) If the elections for the President of Romania take place on a different date from those for the Chamber of Deputies and the Senate, the stamp shall be applied on the voter card to the number of elections brought to public knowledge by the Government once the voting date. (4) On the second ballot, the stamp shall apply to the following number of elections. + Chapter 3 Determining the outcome + Article 20 (1) Electoral operations for the finding of voting results at polling stations, appeals and events regarding voting and opening of ballot boxes shall be made in compliance with the legal provisions regarding the election of the Chamber Deputies and the Senate. (2) The voting result at the polling station shall be recorded in a table. ((3) The candidates for the Parliament elections from the parties or political parties that have proposed and candidates for the election of the President of Romania have the right to draw up a table. If the elections for the two Chambers and the President of Romania do not take place simultaneously, this right lies with the delegates of the political parties or parties that proposed the candidates in the elections for the President of Romania (4) The tables will include the votes null, surname and names of candidates and valid votes cast for each candidate. + Article 21 (1) After the opening of the polls and counting of votes the chairman of the polling station office shall conclude a minutes in 3 copies, which shall include: a) the number of voters according to permanent electoral lists; b) the number of voters who went to the polls; the breakdown of this number according to the voters on the permanent and special list; c) the total number of valid votes cast; d) number of null votes; e) the number of valid votes cast for each candidate; f) the exposure, in short, of the meetings and appeals and their way of resolution, as well as of the appeals submitted for the settlement of the constituency electoral office. ((. The minutes shall be signed by the President and the members of the Office. A copy of the minutes shall be displayed, in visible place, at the headquarters of the electoral bureau of the polling station. (3) The members of the electoral bureaus of the polling stations who signed the minutes shall be issued, upon request, a copy certified by all those who signed the original; the request must be made before the minutes are drawn up. (4) The lack of signature of some members of the polling station office does not influence the validity of the minutes. The president will mention the reasons that prevented the signing. (5) The minutes, together with all appeals regarding the electoral operations of the polling station, as well as with the null and contested ballots, will make up a file that, sealed and stamped, will be submitted to the electoral office of the constituency, the president of the electoral bureau of the polling station and the members of the bureau, with military security, in no more than 24 hours. (6) Within 24 hours of receipt of the file, the constituency electoral office shall send one of the copies of the minutes to the tribunal in whose territorial area is the electoral district; candidates or parties and parties The political parties that proposed will be able to obtain certified copies of this copy. --------------- Alin. ((1) and (2) of art. 21 were amended by EMERGENCY ORDINANCE no. 129 129 of 30 June 2000 published in MONITORUL OFFICIAL no. 311 311 of 5 July 2000. + Article 22 (1) After receiving the minutes from all electoral bureaus of polling stations and after settling appeals and intimations received, the constituency electoral office shall conclude a minutes, which shall include: a) the number of voters in the electoral district according to permanent electoral lists; b) the total number of voters who went to the polls; the breakdown of this number from the permanent and special lists; c) the total number of valid votes cast; d) number of null votes; e) the number of valid votes cast for each candidate within the electoral district; f) the exposure, in short, of the events, appeals and decisions taken by the constituency electoral office. (2) The provisions of art. 21 21 para. ((2) and (4) shall apply accordingly. (3) The minutes, together with the meetings, appeals and minutes received from the electoral bureaus of the polling stations, forming a file, concluded, sealed and signed by the members of the electoral bureau, shall be submitted, with military security, to Central Electoral Office, no later than 48 hours after receiving the last minutes of the electoral bureaus of polling stations. + Article 23 (1) The Central Electoral Office shall resolve the filed events and appeals, the decisions being final, after which they conclude a report: a) the total number of voters according to the electoral lists of the localities where the voters are domiciled; b) the total number of voters who went to the polls; c) the total number of null votes; d) the total number of valid votes cast, throughout the country, for each candidate and the finding of the fulfilment of the conditions provided by art. 81 of the Constitution; if these conditions are not met, the first names and names of the candidates who will participate in the second round of elections; e) centralization of the results of the second round, according to the provisions of lit. a)-d), which shall apply accordingly, the surname and name of the candidate whose election has been ascertained; f) how to resolve appeals and intimations received. (2) The provisions of art. 21 21 para. ((2) and (4) shall apply accordingly. (3) The minutes, for each ballot, together with the files of the constituency electoral bureaus, received according to art. 22 22 para. (3), shall be submitted, with military security, to the Constitutional Court, within 24 hours from the registration of the last file. + Article 24 (1) The Constitutional Court annuls the elections if the voting and the establishment of the results took place by nature fraud to modify the attribution of the mandate or, as the case may be, the order of candidates who can participate in the second round of elections In this situation, the Court will order the repeat of the ballot on the third Sunday from the date of annulment of the elections. (2) The request for annulment of elections may be made by parties, political parties and candidates who participated in the elections, no later than 3 days after the closing of voting; the request must be motivated and accompanied by the evidence Foundation. (3) The application may be granted only if the person who has noticed is not involved in the production of the fraud. (4) The resolution of the application by the Constitutional Court shall be made by the date provided by law for the public knowledge of the election result. + Article 25 (1) The Constitutional Court publishes the result of the elections in the press and in the Official Gazette of Romania for each ballot and validates the outcome of the elections for the President (2) The validation act shall be drawn up in 3 copies, one of which shall be submitted to the Parliament for the submission of the oath provided by art. 82 82 para. (2) of the Constitution, and the third is handed over to the chosen candidate. + Article 26 (1) The second round of elections takes place under the conditions provided in art. 81 81 para. (3) of the Constitution, at 2 weeks from the first round of elections, in the same polling stations and electoral districts, under the direction of electoral operations by the same electoral offices and on the basis of the same lists of voters from the first tour. (2) In the second round of elections the first two candidates who obtained the highest number of votes, valid on the entire country on the first round, participate. The confirmation of this number shall be made by the Constitutional Court within 24 hours from the receipt of the minutes provided for in art. 23 23 para. (3), by bringing to the public knowledge the surname and name of the two candidates who will participate in the second round of elections and voting day established according to par. ((1). (3) The electoral campaign for the second round of elections starts from the day when the voting day was made public. (4) Within 2 days from the opening of the electoral campaign, the schedule for its conduct to public radio and television services and the distribution of antenna times will be established, according to art. 16 16, which shall apply accordingly. (5) Persons accredited to assist in conducting electoral operations on the first ballot shall be accredited to assist in carrying out these operations and on the second round of elections. + Chapter 4 Transitional and final provisions + Article 27 The contravention sanctions and penalties, provided by law for violating the legal provisions on the election of the Chamber of Deputies and the Senate, also apply regarding the violation of the appropriate legal provisions on election Romanian President. + Article 28 (1) The legal provisions for the election of the Chamber of Deputies and the Senate, regarding the support of electoral expenses, stamp duty, electoral alliances, electoral offices, support by the Government of the activity of electoral bureaus and Electoral offices, the preservation of the materials used in the electoral process, as well as the courts ' adjudication of the greetings, appeals and any other applications shall also apply with regard to the elections for the President of Romania. ((2) Abrogat. ((3) Abrogat. -------------- Alin. ((1) art. 28 was amended by EMERGENCY ORDINANCE no. 63 63 of 26 May 2000 published in MONITORUL OFFICIAL no. 240 240 of 31 May 2000, as amended by EMERGENCY ORDINANCE no. 154 154 of 10 October 2000 published in MONITORUL OFFICIAL no. 498 498 of 11 October 2000. Alin. ((2) and (3) of art. 28 were repealed by LAW no. 43 43 of 21 January 2003 published in MONITORUL OFFICIAL no. 54 54 of 30 January 2003. + Article 29 (1) The elections for the President of Romania in 1992 will take place with those for the election of the Chamber of Deputies and the Senate. (2) For the elections in par. (1) may be accredited to assist in electoral operations and internal observers, under the conditions provided by the Law for the election of the Chamber of Deputies and the Senate. + Article 30 Decree-Law no. 92/1990 for the election of the Parliament and of the President of Romania This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of June 8, 1992, in compliance with the provisions of 74 74 para. ((1) and art. 76 76 para. (2) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN + Annex ROMANIA P BALLOT PAPER FOR THE ELECTION OF THE PRESIDENT * *) Electoral district no. .............. *) The election date is passed ---------------------------------- --------------------------------- | 1) 2) | | | | | 3) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ---------------------------------- --------------------------------- ---------------------------------- --------------------------------- | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ----------------------------------- --------------------------------- ----------------------------------- --------------------------------- | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ----------------------------------- --------------------------------- 1) The full name of the party, political party or the mention "Independent candidate" shall be passed. 2) The electoral sign is passed; between the name of the party, the political party or the mention "Independent candidate" and the electoral sign to keep the distance of 3 letters. 3) The name and name of the candidate shall be passed NOTE: It was printed on patrol read candidates are, in the order of submission of applications. The paper for the ballots will be white and thick enough not to distinguish on the reverse the printed name and the given vote. On the pages of the ballot paper will be printed quadrangles in sufficient number to include all applications, apart from the last page, which will remain white for the control stamp. All names, surnames and words that enroll inside the quadrilateral will be printed with the letter body 10 straight verzal. The pages of the ballot, including the last page that will remain white, will be numbered. On the territory of an electoral district will be used tus, for stamps, of the same color. The electoral sign will be printed in a graphic space of 2.5 cm x 2.5 cm. ----------------- Note: See also ORDINANCE no. 84 84 of 30 August 2001 published in MONITORUL OFFICIAL no. 544 544 of 1 September 2001. --------