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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Law No. 69 of 15 July 1992 (* updated *) for the election of the President of Romania (updated until September 26, 2003)-PARLIAMENT ISSUING — — — — — — — the Parliament of Romania adopts this law.


Chapter 1 General provisions Article 1 (1) the President of Romania is elected by universal, equal, direct, secret and free suffrage, under the present law.
  

(2) the voter shall be entitled to one vote in each round of elections for the election of the President of Romania, under art. 81 paragraphs 1 and 2. (2) and (3) of the Constitution.
  


Article 2 (1) within the administrative-territorial units, electoral operations for the election of the President of Romania shall be made in electoral districts and polling stations electoral bureaus under the leadership provided by law for the election of the Chamber of Deputies and the Senate, based on the same lists of voters.
  

(2) the Constitutional Court, under art. 144 lit. d) of the Constitution, shall ensure compliance with, throughout the country, the provisions of this law and confirm the results of equal suffrage.
  


Article 3 (1) in the election for the President of Romania may present candidates proposed by political parties and independent candidates or political parties. Parties and political parties can propose, either separately or together, only one candidate each.
  

(2) Candidates proposed by political parties, political parties or political alliances, as well as independent candidates may be submitted only if they are supported by at least 300,000 voters. A voter can support a single candidate.
  

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Alin. (2) of article 9. 3 was amended by EMERGENCY ORDINANCE nr. 129 of 30 June 2000 and published in the Official Gazette No. 311 of 5 July 2000.


Article 4 (1) the date of the election shall be fixed and shall bring to the attention of the public by the Government with at least 45 days before the day of voting until the 5 days of the date of expiry of the term of Office of the President in Office or, where applicable, from the date on which the time limit begins to run; 96 para. (2) of the Constitution.
  

(2) elections to take place in a single day, which can be only on Sundays.
  

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Alin. (1) of article 1. 4 was amended by EMERGENCY ORDINANCE nr. 140 of 14 September 2000 published in MONITORUL OFICIAL nr. 467 of 26 September 2000.


Chapter 2-Organization and conduct of the election section 1 article 5 duties of the bureaus of the Central Electoral Board has the following powers: (a) the updating of lists), seeks compliance with the legal provisions concerning the election of the President of Romania throughout the country and ensure their uniform application;
  

b) confirm compliance with provisions of present law for applications and registers candidates who meet these conditions;
  

c) district electoral offices communicate with candidates and make them known through the press;
  

d) solve its work and intimpinarile the appeals sent by district electoral offices; data solutions are final;
  

e) centralizes election results, ascertain the candidate chosen and submit the required documentation to the Constitutional Court validating the mandate of the President of Romania;
  

(f) any other obligations) meets that accrues under this law.
  


Article 6 Election Offices have the following powers: (a) doing the publications listings), and within 5 days from receipt of the communication concerning the candidates registered with the Central Electoral Bureau;
  

b) solve its work relating to the intimpinarile and complaints concerning the operations of the electoral precinct;
  

c) distribute electoral precinct ballots, stamps and stamps with the word "Vote";
  

(d) the outcome of elections) to focus on constituency and the Central Electoral Board minutes covering these results, as well as intimpinarile, appeals and reports received from the polling precinct;
  

(e) any other obligations) shall meet as provided by law in their task.
  


Article 7 polling precinct meet, appropriately, the powers delegated to them under the law for the election of the Chamber of Deputies and the Senate.


Article 8 bureaus work and take decisions by a majority vote of the members present.


Section 2 of the programme, article 9 (1) proposals for candidates for the election of the President of Romania shall be lodged with the Central Electoral Bureau, at less than 30 days before the date of the election.
  

(2) Proposals shall be made in writing and will be received only if: a) are signed by the party leadership or party political times of their managements, who proposed the candidate or, where appropriate, independent candidate;
  

b) include first and last name, place and date of birth, marital status, place of residence, profession and occupation studies, and that candidate fulfils the conditions provided by law to run;
  

c) are accompanied by the statement of acceptance of candidacy written, signed and dated by the candidate, and supporters, the list or lists whose number cannot be less than 300,000 voters.
  

(3) the list of supporters is a public act, the penalty provided for under art. 292 of the penal code. The list or lists must involve supporters on election date, name and surname of the candidate, as well as first and last name, date of birth, address, the name and number of the identity document and signatures of voters who support his candidacy. The list shall also mention the name and surname of the person who drew it. The person who drew up the list is required to submit an affidavit to prove the veracity of the signatures of supporters.
  

(4) the proposed candidacy shall be filed in 4 copies, one original and three copies, of which the original and one copy shall be kept by the Central Electoral Bureau, another is recorded at the Constitutional Court, and the fourth, World President of the Central Electoral Board, shall be returned to the depositor.
  

— — — — — — — — — — — — — — c) of paragraph 1. (2) of article 9. 9 amended by EMERGENCY ORDINANCE nr. 129 of 30 June 2000 and published in the Official Gazette No. 311 of 5 July 2000.
Paragraphs 1 and 2. (3) art. 9 was amended by EMERGENCY ORDINANCE nr. 129 of 30 June 2000 and published in the Official Gazette No. 311 of 5 July 2000.


Article 10 cannot stand people who, on the date of the election, do not meet the conditions laid down in articles 81 and 82. 35 of the Constitution to be chosen or have been previously chosen twice as President of Romania.


Article 11 (1) the Central Electoral Bureau shall notify the public, through the press, and displays, at its headquarters, proposals for candidates that you received within 24 hours of registration.
  

(2) up to 20 days before the date of the election, the candidate, political parties, or parties, citizens can challenge the registration or recording of candidacy. The appeal shall be lodged with the Central Electoral Bureau, which shall submit it together with the candidacy dossier, within 24 hours, for resolution, the Constitutional Court.
  

(3) the Constitutional Court shall decide the appeal within 48 hours of registration. The solution is final and shall be published in the Official Gazette of Romania.
  

(4) the day after the expiry of the review referred to in paragraph 1. (3) Central Electoral District electoral offices communicate with candidates in final order in which they were submitted.
  


Section 3 of article 12 ballots (1) ballots shall be printed according to the model set out in annex II.
  

(2) the Size of the ballot paper shall be determined by the Central Electoral Bureau, taking into account the number of candidates and the space needed for printing them, and shall be transmitted to the district electoral offices with communication applications.
  

(3) the printing of ballots ensure that district electoral offices through the school prefects, in compliance with the legal provisions concerning the printing of ballot papers for the election of the Chamber of Deputies and the Senate, which is applied properly. Constables are responsible that all ballot papers needed to be printed with at least 3 days before the date of the election.
  

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Alin. (3) art. 12 was amended by EMERGENCY ORDINANCE nr. 140 of 14 September 2000 published in MONITORUL OFICIAL nr. 467 of 26 September 2000.


Article 13 (1) election Signs declaring the Central Electoral Bureau along with the bid.
  

(2) If the election for President of Romania take place concurrently with those for the Chamber of Deputies and the Senate, it will use only the signs set out in electoral elections for both chambers. If the election for President of Romania takes place at a different date, we will use only the signs set out in the election of the last elections for the Chamber of Deputies and the Senate. In the case of parties or political parties which did not participate in this election, and in the case of political alliances, applies the provisions of the law on the election of the Chamber of Deputies and Senate, concerning signs and names.
  

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Art. 13 was amended by EMERGENCY ORDINANCE nr. 129 of 30 June 2000 and published in the Official Gazette No. 311 of 5 July 2000, the phrase "electoral coalitions" and replaced with "political alliances."


Article 14


The legal provisions for the election of the Chamber of Deputies and Senate, referring to the polling stations and stamps from teaching, distribution and display of ballot papers or releasing some targeted newsletters and cancelled, and apply to elections concerning Romania's President.


Section 4 of the electoral campaign and elections Article 15 (1) the electoral campaign and the elections for the President of Romania shall be made according to the legal provisions concerning the election of the Chamber of Deputies and the Senate, with the exceptions provided for in this section.
  

(2) the President may participate according to the party's election campaign or political party which proposed him as a candidate, or claims according to art. 9. Article 16 (1) For candidates for the election of the President of Romania, access to public services on radio and television is equal and free.
  

(2) the schedule for the election campaign and the allocation of time for free and equal access of candidates to the public service radio and television shall be made after the end of the period for lodging applications, of the permanent offices of the two joint chambers of Parliament, together with representatives of public service radio and television and with the participation of candidates.
  

(3) If the election for President of Romania take place concurrently with those for the Chamber of Deputies and the Senate shall take account of the timetable and allocation of time for the electoral campaign regarding the choice of the two Rooms.
  


Article 17 data solution Against the Office of the electoral district to which are handled fairly, confidentially asked about the prevention of a political party or a political party or a candidate to carry on the campaign trail, appeals of the Constitutional Court shall decide, within three days from notification.


Article 18 (1) If the election for President of Romania take place concurrently with those for the Chamber of Deputies and Senate, accredited persons to assist in the conduct of electoral operations for the election of Deputies and Senators may be present and in making those for the election of the President of Romania.
  

(2) where an election for the President of Romania at a different date on, accreditation to attend the election of the delegates of the press operations, cinema, radio and television, Romanian or foreign, or to external observers, who require it, is made by the Central Electoral Bureau.
  

(3) In the situation referred to in paragraph 1. (2) parties and political parties that have proposed candidates will be able to designate a single delegate for each precinct and district electoral office, which will assist in the conduct of electoral operations. The appointment shall be made by providing the name and surname, place of residence, under the signature of the representative of the party or the party's political leadership. If more parties or political parties have proposed the same candidate, they can designate only a common representative.
  


Article 19 (1) Voter will vote using the stamp inside the patrulaterului which includes first and last name of the candidate you're voting.
  

(2) If the election for President of Romania take place concurrently with those for the Chamber of Deputies and the Senate, the stamp shall be applied on a single voter's ballot number.
  

(3) If the election for the President of Romania shall be held at a date different from those for the Chamber of Deputies and the Senate, the stamp is applied on the voter's ballot number brought to public knowledge of Government once the voting date.
  

(4) in the second round, the stamp is applied to the number of elections.
  


Chapter 3 Setting the result of the election Article 20 (1) of the Electoral Operations for tabulation at the polling stations, and intimpinarile complaints about polling operations and to open the ballot boxes shall be made in compliance with the legal provisions concerning the election of the Chamber of Deputies and the Senate.
  

(2) the result of the voting at the polling station shall be recorded in a table.
  

(3) candidates for election to Parliament on behalf of political parties or parties that have proposed candidates for the election of the President of Romania shall be entitled to draw up a table as well. If the election for the two rooms and for Romania's President does not occur at the same time, this right rests with delegates of parties or political parties that have proposed candidates in elections for President of Romania.
  

(4) Tables will be void votes first and last names of the candidates and votes validly cast for each candidate.
  


Article 21 (1) after the opening of ballot boxes and counting of votes of the President of the Office shall conclude a voting record in 3 copies, which will include: a) the number of voters according to electoral lists;
  

b) the number of voters who have showed up at the polls; the breakdown of this number according to the permanent list of electors and special markets;
  

c) the total number of votes validly cast;
  

d) number of votes void;
  

e) number of valid votes for each candidate;
  

f) exposure, short, întâmpinărilor and complaints and their resolution, and complaints submitted to the electoral constituency.
  

(2) the minutes shall be signed by the Chairman and the members of the Bureau. A copy of the minutes is displayed at conspicuous place at the headquarters of the electoral vote.
  

(3) the members of the electoral precinct who signed the minutes shall be issued, upon request, a copy certified by all those who signed the original; the application must be made before drawing up the minutes.
  

(4) the lack of the signature of some members of the voting section Office does not influence the validity of the report. The President shall state the reasons which prevented the signing.
  

(5) the minutes together with all complaints concerning the operations of the Department, as well as with ballots void and the challenged, will compile a dossier, sealed and stamped, it shall submit to the Office of the electoral district, the President of the electoral vote and the members of the Bureau, with a military guard, within 24 hours.
  

(6) within 24 hours of the receipt of the dossier, district electoral office will send one of the copies of the report to the Court in whose territorial RADIUS is constituency; candidates or parties and political formations which i have proposed will be able to obtain copies from this copy.
  

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Alin. (1) and (2) of article 3. 21 were amended by EMERGENCY ORDINANCE nr. 129 of 30 June 2000 and published in the Official Gazette No. 311 of 5 July 2000.


Article 22 (1) on receipt of reports from all bureaus of the polling station and after the resolution of complaints and intimpinarilor, district electoral office shall conclude a protocol that will include: a) the number of voters from the electoral district according to the electoral lists;
  

b) the total number of voters came to the polls; the breakdown of this number on permanent lists and special ones;
  

c) the total number of votes validly cast;
  

d) number of votes void;
  

e) number of valid votes for each candidate within the electoral district;
  

f) exposure, short, intimpinarilor, appeals and decisions taken by the Office of the electoral district.
  

(2) the provisions of art. 21. (2) and (4) shall apply accordingly.
  

(3) the minutes together with the intimpinarile, appeals and reports received from the polling precinct, forming a sealed file completed, and signed by the members of the electoral board, shall, with the military guard, the Central Electoral Bureau, within 48 hours of receipt of the last minutes of the bureaus of the polling station.
  


Article 23 (1) the Central Electoral Bureau resolve complaints submitted, intimpinarile and decisions given after the final, which concludes a report including: a) the total number of voters according to the voter of the localities where they are domiciled electors;
  

b) the total number of voters came to the polls;
  

c) total number of null votes;
  

d) the total number of valid votes cast for the entire country, for each candidate and finding fulfilment of the conditions laid down in articles 81 and 82. 81 of the Constitution; in the event that these conditions are not met, the first and last names of the candidates who will participate in the second round;
  

e) centralization of the results of the second round, according to the provisions of subparagraph (a). a)-d), which are applied properly, first and last name of the candidate whose election was found;
  

f) Review mode and intimpinarilor.
  

(2) the provisions of art. 21. (2) and (4) shall apply accordingly.
  

(3) the minutes for each round, together with the relevant records, district electoral offices received under art. 22 paragraph 1. (3), shall be forwarded to the military guard, with the Constitutional Court, within 24 hours after recording the last file.
  


Article 24


(1) the Constitutional Court cancels the elections where voting and establishment of the results took place through fraud to alter the award of the mandate or, where appropriate, the order of candidates who can participate in the second round. In this case, the Court shall order a repeat tour ballot in the third Sunday after the date of cancellation of the elections.
  

(2) an application for annulment of the election can be made for parties, political parties and candidates who participated in the elections in no later than 3 days after the closing of the voting; the application must be reasoned and supported by the evidence on which it is based.
  

(3) the request shall be admissible only if the notified is not involved in the production of fraud.
  

(4) the resolution of the application by the Constitutional Court shall be made up to the date provided by the regulations for bringing to the attention of the public the outcome of the election.
  


Article 25 (1) the Constitutional Court publishes the outcome of elections in the press and in Official Gazette of Romania for each ballot and validates the outcome of elections for President-elect.
  

(2) the Act shall be made in validation 3 copies, one of which must be submitted to Parliament has been sworn in as laid down in art. 82 para. (2) of the Constitution, and the third is handed in to the candidate elected.
  


Article 26 (1) of the second round takes place under the conditions laid down in article 21. 81 paragraphs 1 and 2. (3) of the Constitution, 2 weeks from the first round of voting in the same polling stations and constituencies, electoral operations by the same electoral offices and based on the same lists of voters from the first round.
  

(2) in the second round the top two candidates participate who have obtained the highest number of votes validly cast throughout the country in the first round. The confirmation number is made by the Constitutional Court within 24 hours from the receipt of the reports referred to in article 1. 23 para. (3) by bringing to the attention of the public the name and surname of the two candidates who will participate in the second round of the elections and the day of voting determined pursuant to paragraph 1. (1) and (3) the electoral campaign for the second round starts from the date when it was brought to the attention of the public the voting day.
  

(4) within 2 days after the opening of the electoral campaign will determine the timetable for conducting the public service television and radio and distribution of antenna time, under art. 16, which shall apply accordingly.
  

(5) persons accredited to attend the electoral operations from the first round are accredited to attend law school at carrying out these operations and to the second round.
  


Chapter 4 transitional and final Provisions article 27 Penalties offences and penalties, as provided by law for violations of the legal provisions concerning the election of the Chamber of Deputies and the Senate, shall apply in relation to the violation of the legal provisions concerning the election of the President of Romania proper.


Article 28 (1) legal provisions for the election of the Chamber of Deputies and of the Senate relating to the costs, stamp duty, electoral alliances, electoral offices, supporting the work of the electoral bureaus and offices, keeping the materials used in the electoral process, as well as in the judgment of the Court of appeals, întâmpinărilor and any other applications also apply in respect of elections for President of Romania.
  

(2) Repealed.
  

(3) Repealed.
  

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Alin. (1) of article 1. 28 was amended by EMERGENCY ORDINANCE nr. 63 of 26 May 2000 and published in the Official Gazette No. 240 of 31 May 2000, as amended by EMERGENCY ORDINANCE nr. 154 of 10 October 2000, published in MONITORUL OFICIAL nr. 498 of 11 October 2000.
Paragraphs 1 and 2. (2) and (3) of art. 28 were repealed by law No. 43 of 21 January 2003 published in Official Gazette No. 54 of 30 January 2003.


Article 29 (1) the elections for President of Romania since 1992 will be held along with those for the election of the Chamber of Deputies and the Senate.
  

(2) for paragraph 1. (1) can be accredited to attend the electoral operations and domestic observers, as provided by Law for the election of the Chamber of Deputies and the Senate.
  


Article 30 of Decree-Law No. 92/1990 for the election of the Parliament and the President of Romania shall be repealed.

This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 8 June 1992, in compliance with the provisions of art. 74 para. (1) and art. 76 para. (2) of the Constitution of Romania.
SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU, Member of the CHAMBER of DEPUTIES PRESIDENT MARTIAN D Annex ROMANIA P NEWSLETTER VOTING for ELECTION of the PRESIDENT of ROMANIA) constituency. ..
  *) Pass election date — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — | 1) 2) | | |
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— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1) pass full name of the party, political party or "independent candidate".
  

2) pass election sign; between the name of the party, political party or "independent candidate" and the sign of its election keep distance of 3 letters.
  

pass 3) first and last name of the candidate.
  

Note: the print so many candidates are quadrilaterals, read in the order of submission of candidatures.
For paper ballots will be white and thick enough to distinguish the reverse name printed and given On vote pages of the ballot paper will print quadrilaterals in sufficient number to accommodate all the candidates, aside from last page, which will remain for the stamp.
All the names, first names and words which are part of the Interior of the patrulaterului will be printed with 10 straight body verzal.
The pages of the ballot paper, including the last page that will remain white, will be numbered.
The territory of electoral constituencies should be used for stamps, ink, the same colour.
Election sign will be printed in a graphic of 2.5 cm x 2.5 cm. — — — — — — — — — — — — — — — — — Note: see and ORDER No. 84 of 30 august 2001 and published in the Official Gazette No. 544 as of September 1, 2001.
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