LEGE no. 3 3 of 22 February 2000 (* updated *) on the organisation and conduct of ((updated until 3 June 2016 *)
ISSUER
PARLIAMENT
---------- Romanian Parliament adopts this law + Chapter I General provisions + Article 1 In Romania the national sovereignty belongs to the Romanian people, who exercise it through its representative bodies and by referendum. + Article 2 (1) The national referendum is the form and means of direct consultation and expression of the sovereign will of the Romanian people regarding: ... a) revision of the Constitution ... b) dismissal of the Romanian President; ... c) issues of national interest. ... (2) Under the conditions of this law, it may be organized and carried out a local referendum on issues of particular interest for administrative-territorial units. ... (3) In the referendum the population can be consulted on one or more problems, as well as on a problem of national interest and a problem of local interest, on separate ballots. ... + Article 3 Problems that, according to art. 148 of the Constitution *), cannot be subject to review cannot be the subject of the referendum. + Article 4 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, with the exception of debils or mental alienates put under prohibition, as well as persons convicted by decision Final court to lose electoral rights. + Article 5 (1) The national referendum and the local referendum shall be organized and conducted according to the provisions of this law. ... (2) The referendum shall be valid if at least 30% of the number of persons registered in the permanent electoral lists participate in it. ... ------------- Alin. ((2) of art. 5 5 has been amended by section 1 1 of art. I of LAW no. 341 341 of 16 December 2013 , published in MONITORUL OFFICIAL no. 787 787 of 16 December 2013. (3) The result of the referendum shall be validated if the valid options expressed represent at least 25% of those registered on the permanent electoral lists. ... ------------- Alin. ((3) of art. 5 5 has been introduced by section 2 2 of art. I of LAW no. 341 341 of 16 December 2013 , published in MONITORUL OFFICIAL no. 787 787 of 16 December 2013. + Chapter II National referendum + Section 1 Referendum on revising + Article 6 (1) The initiative and procedure of the revision of the Constitution are subject to the norms 146 and 147 of the Constitution *), and the organization and conduct of the referendum are established by law ... (2) The organization and conduct of the referendum on the revision of the Constitution and its outcome shall be binding. ... + Article 7 (1) Citizens who participate in the referendum have the right to rule by "YES" or "NO" to the following question stated on the ballot: "Do you agree with the law on the revision of the Romanian Constitution in the form approved by the Parliament?" ... (2) The result of the referendum shall be determined by the majority of the valid votes cast, ... ------------- The introductory part of para. ((2) of art. 7 7 has been amended by section 4.2 3 3 of art. I of LAW no. 341 341 of 16 December 2013 , published in MONITORUL OFFICIAL no. 787 787 of 16 December 2013. ------------------------------------------------------------------------------ Absolute Percentage figures ------------------------------------------------------------------------------ a) Number of persons in the referendum lists Number of participants c) Number of valid votes cast in the reply "YES" d) Number of valid votes cast in the answer "NO" e) Number of votes null ------------------------------------------------------------------------------ + Section 2 Referendum on dismissal of President of Romania + Article 8 The referendum for the dismissal of the President of Romania is mandatory and is established by decision of the Parliament, under the conditions provided in 95 95 of the Constitution *). + Article 9 Citizens participating in the referendum have the right to rule by "YES" or "NO" to the following question stated on the ballot: "Do you agree with the dismissal of the President of Romania?" + Article 10 The dismissal of the President of Romania is approved if, following the referendum, the proposal met the majority of valid votes cast. ------------- Article 10 has been amended by art. unique from LAW no. 131 131 of 17 July 2012 , published in MONITORUL OFFICIAL no. 489 489 of 17 July 2012. + Section 3 Referendum on issues of national interest + Article 11 (1) The President of Romania, after consulting Parliament, may ask the people to express their will in the referendum on issues of national interest. ... (2) The problems that are subject to the referendum and the date of its conduct shall be established by the President of Romania, ... (3) The Parliament's view on the referendum initiated by the President of Romania is to be expressed, by a decision adopted at the joint sitting of the two Chambers, with the vote of the majority of the deputies and senators present, within no more than 20 calendar days after the President's request. ... ---------- Alin. ((3) of art. 11 11 has been amended by section 2 2 of art. unique from LAW no. 62 62 of 10 April 2012 published in MONITORUL OFFICIAL no. 247 247 of 12 April 2012, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 103 103 of 30 September 2009 , published in MONITORUL OFFICIAL no. No. 656 656 of 2 October 2009. (4) If the Parliament does not transmit its point of view within the time limit set in paragraph (3), the President of Romania issues the decree on the organization of the referendum after the expiry of this term, the constitutional procedure of consultation of the Parliament ... ------------ Alin. ((4) of art. 11 11 has been reintroduced by section 3 3 of art. unique from LAW no. 62 62 of 10 April 2012 published in MONITORUL OFFICIAL no. 247 of 12 April 2012, which supplements art. I of EMERGENCY ORDINANCE no. 103 103 of 30 September 2009 , published in MONITORUL OFFICIAL no. No. 656 656 of 2 October 2009, with point 2 2 ^ 1. + Article 12 ((1) Cease legal effects. ... ------------ Alin. ((1) of art. 12 12 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 567 567 of 11 July 2006 , published in MONITORUL OFFICIAL no. 613 613 of 14 July 2006. (2) Citizens are called upon to rule by "YES" or "NO" on the issue subject to the referendum, deciding with the majority of valid votes cast. ... ------------- Alin. ((2) of art. 12 12 has been amended by section 4 4 of art. I of LAW no. 341 341 of 16 December 2013 , published in MONITORUL OFFICIAL no. 787 787 of 16 December 2013. + Chapter III Local referendum + Article 13 (1) Problems of particular interest in administrative-territorial units and administrative-territorial subdivisions of the municipalities may be subject, under the conditions of this law, to the approval of the inhabitants, by local referendum. ... (2) The local referendum can be organized in all the villages and localities of the commune or city or only in some of them. In the case of the referendum at the county level, it can take place in all communes and cities in the county or only in some of them, which are directly interested. ... (3) The bills or legislative proposals regarding the modification of the territorial limits of the communes, towns and counties shall be submitted to the Parliament for adoption only after the prior consultation of the citizens of the units the respective administrative-territorial, by referendum. In this case, the organization of the referendum ... + Article 14 (1) The problems subject to the local referendum shall be established by the local or county councils, as the case may be, on the proposal of the mayor, respectively of the president of the county council or of one third of the local councillors County. ... ------------ Alin. ((1) art. 14 14 was amended by the single article of LAW no. 551 551 of 18 December 2003 , published in MONITORUL OFFICIAL no. 922 922 of 22 December 2003. (2) Citizens are called to rule by "YES" or "NO" on the issue subject to the referendum, deciding with the majority of valid votes cast at the level of the respective administrative-territorial unit. ... + Chapter IV Common provisions on the conduct of the referendum + Article 15 ((. The object and the date of the national referendum shall be determined as follows: ... a) by law, in the case of the referendum on the revision of the Constitution, 147 147 para. ((3) of the Constitution *); ... b) by decision of the Parliament, in the case of the referendum on the dismissal of the President of Romania, 95 95 para. ((3) of the Constitution *); ... c) by decree of the President of Romania, in the case of the referendum on issues of national interest. ... (2) The public awareness of the date of the national referendum is made through the Official Gazette of Romania, Part I, and through the press, radio and television. ... + Article 15 ^ 1 (1) If the referendum takes place simultaneously with the electoral process conducted for the election of the Chamber of Deputies and of the Senate, respectively for the election of the President of Romania or the elections for the European Parliament or The organization and conduct of the referendum is Law no. 35/2008 ... to elect the Chamber of Deputies and the Senate and to amend and supplement Law no. 67/2004 for the election of local public administration authorities, Local public administration law no. 215/2001 and a Law no. 393/2004 on the Statute of local elected officials, with subsequent amendments and completions, of Law no. 370/2004 for the election of the President of Romania, as amended and supplemented, respectively Law no. 33/2007 on the organisation and conduct of elections to the European Parliament, as amended and supplemented, as appropriate. (2) In the situation referred to in par. (1), both elections are carried out within the same polling stations, the electoral operations being carried out by the same electoral offices, constituted according to the law. ... (3) The Government shall establish by decision the calendar schedule for the implementation of the necessary actions for the referendum, the budget and the necessary expenses for the organization and conduct of the elections, the model of the the model of the copy of the supplementary electoral list or, as the case may be, the model of the electoral tables, the model of the Central Electoral Bureau, of the county electoral office, of the Electoral Office of Bucharest Municipality, of the electoral polling stations abroad, the model of the control stamp of the polling station and the model of the stamp with the mention "VOTED", the model of the ballot, the pattern of the sticker stamp, the conditions of printing, management and use thereof, the measures to be taken by the central and local public authorities for good organization and conduct of the vote. ... ------------- Article 15 ^ 1 has been introduced by item 1. 3 3 of art. I of EMERGENCY ORDINANCE no. 103 103 of 30 September 2009 , published in MONITORUL OFFICIAL no. 656 656 of 2 October 2009. + Article 16 (1) The object and the date of the local referendum shall be established and shall be brought to public knowledge at least 20 days before the day of its conduct. ... (2) The local referendum can be held in one day, which can only be on Sunday. ... (3) The public knowledge of the date of the local referendum shall be made by any means of mass information. ... + Article 16 ^ 1 *) (1) If the local referendum takes place on the same date as the local elections, the local referendum shall be held on the basis of Law no. 115/2015 ... for the election of local public administration authorities, Local public administration law no. 215/2001 , as well as for amending and supplementing Law no. 393/2004 on the Statute of local elected officials. (2) In the case provided in par. (1), both elections are carried out within the same polling stations, the electoral operations being carried out by the same electoral bureaus of polling stations, constituted according to Law no. 115/2015 ... . (3) In the case provided in par. (1), voters shall vote on the basis of permanent electoral lists and separate supplementary electoral lists, drawn up according to the law, with the use of the same electoral stamps. ... (4) The constituency electoral office constituted for the local elections in the commune, city, municipality or county, as the case may be, in which the local referendum takes place the attributions provided by art. 28. ... ((5) The expenses for making the ballots for the local referendum shall be borne by the local budget. ... (6) In the case provided in par. ((1), the provisions art. 84 84 of Law no. 115/2015 ... it shall apply accordingly. ---------- Article 16 ^ 1 was introduced by art. I of EMERGENCY ORDINANCE no. 15 15 of 11 May 2016 , published in MONITORUL OFFICIAL no. 367 367 of 12 May 2016. Note ... ---------- * *) By CONSTITUTIONAL COURT DECISION no. 361 361 of 26 May 2016 , published in MONITORUL OFFICIAL no. 419 of 3 June 2016, the exception of unconstitutionality of the provisions Government Emergency Ordinance no. 15/2016 ,, finding that the provisions Government Emergency Ordinance no. 15/2016 for completion Law no. 3/2000 on holding and holding the referendum are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, as of June 3, 2016, the provisions invoked above are suspended by law, and will cease its legal effects on July 18, 2016, if the legislator does not intervene to amend the contested provisions. ---------- + Article 17 (1) Operations for the conduct of the referendum shall take place in the electoral districts and at the polling stations, organized according to the provisions Law no. 35/2008 ... , with subsequent amendments and completions, based on the children on the permanent electoral lists and the other electoral lists provided by law, except in the situations provided in art. 15 ^ 1 of this law, which shall apply accordingly. ------------- Alin. ((1) of art. 17 17 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 103 103 of 30 September 2009 , published in MONITORUL OFFICIAL no. 656 656 of 2 October 2009. (2) The updating of permanent electoral lists shall be made by the mayors, according to the provisions Law no. 68/1992 ,, respectively of Law no. 70/1991 , republished, as amended, no later than 5 days after the date of establishment of the referendum day. ... + Article 18 Displaying electoral lists, if the law provides such an operation, delimitation, numbering and public knowledge of polling stations and voting venues shall be made according to the provisions of Law no. 68/1992 and ale Law no. 70/1991 , republished, as amended, no later than 48 hours after the deadline provided for in art. 17 17 para. ((2). + Article 19 (1) Citizens have the right to check the registration in electoral lists. The meetings against omissions, wrong entries and any errors in the lists are made with the public authorities who have drawn up the lists, which are obliged to rule on the spot or no more than 24 hours after registration. ... (2) Appeals directed against the provisions taken by the public authorities provided in par. (1) shall be settled within 48 hours of the court in whose territorial area the participant shall reside in the referendum or, in the case of those registered in the supplementary lists, by the judge in whose territorial area the electoral office is located of the polling station that drew up the list. The court decision shall be final; it shall be communicated to the persons concerned no later than 24 hours after the ruling. ... ------------- Alin. ((2) of art. 19 19 has been amended by art. 36 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 20 ((1) Citizens residing in a locality other than the one in which they are domiciled may request the mayor of that locality, in case of organization of local referendums, their registration on additional lists. days before the date of the referendum no more entries are made in these lists. ... ------------- Alin. ((1) of art. 20 20 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 103 103 of 30 September 2009 , published in MONITORUL OFFICIAL no. 656 656 of 2 October 2009. (2) The body that prepares the electoral lists provided in par. (1) is obliged to ask the town hall of the locality of domicile to remove the persons concerned from the electoral lists of that locality. ... + Article 21 The citizen who, on the day of the national referendum, is in a locality other than the one in which he is registered in the electoral list can exercise his right to vote in that locality, at any polling station, to be registered in a list additional by the president of the electoral bureau of the polling station, on the basis of the identity document or the certificate holding the place of identity document. + Article 22 (1) The public authorities that have drawn up the electoral lists shall submit them to the electoral bureaus of the polling stations two days before the date of the referendum. ... (2) Any subsequent amendment shall be communicated immediately to the electoral bureaus of the polling stations. ... + Article 23 For the organization and conduct of the referendum, within 5 days from the date of establishment of the referendum day, the Central Electoral Office, district electoral offices, electoral offices of the sectors of the municipality Bucharest, the electoral office for polling stations organized outside the country, as well as electoral bureaus of polling stations. ------------- Article 23 has been amended by section 6.6. 2 2 of art. unique from LAW no. 153 153 of 24 July 2012 , published in MONITORUL OFFICIAL no. 511 511 of 24 July 2012, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. + Article 24 (1) The Central Electoral Bureau is composed of 7 judges of the Supreme Court of Justice, one of whom will serve as president, as well as from one delegate of each political party represented in Parliament *). ... (2) The appointment of the 7 judges will be made no later than 3 days from the date of establishment of the referendum day by the President of the Supreme Court of Justice, by drawing lots, from a list comprising all the acting judges of the Court. ... (3) The President of the Central Electoral Office shall be elected by secret ballot by its members no later than 24 hours after the appointment. ... + Article 25 (1) The Central Electoral Bureau shall monitor the updating of the permanent electoral lists, the preparation of the children and their transmission to the electoral bureaus of the polling stations, shall supervise the correct conduct of the referendum, centralize at national level its results, which it submits to the Constitutional Court. ... (2) The Central Electoral Office shall settle the appeals that are addressed to it, except those that are given in the competence of other electoral bureaus or courts. ... (2 ^ 1) In the exercise of their duties, the Central Electoral Office shall adopt decisions that shall be brought to the attention of the public sitting and by any means of publicity. The decisions of the Central Electoral Bureau are mandatory for all authorities, public institutions, electoral offices, as well as for all bodies with powers in the field of referendum, from the date of bringing to the public meeting. ------------- Alin. (2 ^ 1) of art. 25 25 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. (2 ^ 2) For the correct conduct of the referendum, the Central Electoral Bureau issues judgments in the interpretation of the law, which are published in the Official Gazette of Romania, Part I. ------------- Alin. (2 ^ 2) of art. 25 25 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. (3) If they find an electoral fraud at a polling station or in an electoral district, the Central Electoral Office shall order the cancellation of the referendum results within that polling station or, as the case may be, within the constituency Respective electoral ... (4) The Central Electoral Office accredits and withdraws the accreditation of representatives of the media. ... + Article 26 (1) In the case of the national referendum, the district electoral bureaus of the counties and the city of Bucharest, the electoral offices of the sectors of Bucharest and the electoral office for the polling stations organized outside the country shall be compose from a president and no more than 6 delegates of the political parties represented in the Parliament; in the case of the local referendum, the constituency electoral offices of the counties and the city of Bucharest, of the communes, cities and municipalities, sectors of Bucharest, as well as electoral offices of polling stations are composed of a president and no more than 6 delegates of political parties represented in the local or county council. ... ------------- Alin. ((1) of art. 26 26 has been amended by section 3 3 of art. unique from LAW no. 153 153 of 24 July 2012 , published in MONITORUL OFFICIAL no. 511 511 of 24 July 2012, amending section 4 4 of art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. ((1 ^ 1) In the case of holding a national referendum, constituency electoral offices are constituted only at the county level and at the level of Bucharest municipality, electoral office for polling stations organized outside the country, as well as offices electoral sector of the city of Bucharest. ------------- Alin. ((1 ^ 1) of art. 26 26 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. (2) The chairpersons of the district electoral bureaus of the counties and of the city of Bucharest, of the electoral bureau for polling stations organized outside the country, as well as those of the electoral offices of the sectors of Bucharest are established by the president of the county court or Bucharest municipality, as the case may be, no later than 3 days after the establishment of the referendum day, by drawing lots. ... ------------- Alin. ((2) of art. 26 26 has been amended by section 3 3 of art. unique from LAW no. 153 153 of 24 July 2012 , published in MONITORUL OFFICIAL no. 511 511 of 24 July 2012, amending section 4 4 of art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. ((2 ^ 1) The chairmen of the district electoral bureaus of the municipalities, towns and communes shall be established by the president of the county court, no later than 3 days after the establishment of the referendum day, by drawing lots. ------------ Alin. (2 ^ 1) of art. 26 26 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 27 27 of 25 April 2007 , published in MONITORUL OFFICIAL no. 278 278 of 25 April 2007. ((2 ^ 2) The chairpersons of the electoral bureaus of the polling stations shall be established by the president of the county court or of the city of Bucharest, as the case may be, at least 7 days before the day of the referendum, by drawing ------------ Alin. (2 ^ 2) of art. 26 26 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 27 27 of 25 April 2007 , published in MONITORUL OFFICIAL no. 278 278 of 25 April 2007. (3) The draw is made from a list that will include, in the following order: judges and prosecutors, as well as other jurists from the county or from Bucharest, who are not part of a political party. ... (4) If the number of jurists is insufficient, the draw is made from another list that will include people of another specialty, with a non-irate reputation and who are not part of any political party. ... (5) The list comprising jurists other than judges and prosecutors, as well as the list of persons referred to in the previous paragraph shall be drawn up by the prefect, at the proposal of the mayors, and shall be transmitted to the president of Bucharest municipality no later than 48 hours after the establishment of the referendum day. ... (6) Establishment of persons provided in par. (3) and (4) shall be made taking into account their domicile. ... + Article 27 (1) Designation of political party delegates, according to art. 24, is mandatory and communicated in writing to the President of the Central Electoral Office, no later than 5 days after the establishment of the referendum day. ... ------------ Alin. ((1) of art. 27 27 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 27 27 of 25 April 2007 , published in MONITORUL OFFICIAL no. 278 278 of 25 April 2007. (1 ^ 1) The appointment of the delegates of political parties in the constituency electoral offices of the counties and of the city of Bucharest, according to art. 26 26 para. (1), is mandatory and shall be communicated in writing to the president of the district electoral office of the county or of the city of Bucharest, no later than 5 days after the establishment of the referendum day ------------ Alin. ((1 ^ 1) of art. 27 27 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 27 27 of 25 April 2007 , published in MONITORUL OFFICIAL no. 278 278 of 25 April 2007. (1 ^ 2) Designation of political party delegates in constituency electoral offices of municipalities, towns and communes, according to art. 26 26 para. (1), is mandatory and shall be communicated in writing to the president of the district electoral office of the county or of the city of Bucharest, no later than 5 days after the establishment of the referendum day ------------ Alin. ((1 ^ 2) of art. 27 27 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 27 27 of 25 April 2007 , published in MONITORUL OFFICIAL no. 278 278 of 25 April 2007. (1 ^ 3) Designation of political party delegates in electoral bureaus of polling stations, according to art. 26 26 para. (1), shall be compulsory and shall be communicated in writing to the chairman of the electoral bureau of the polling station, at least 3 days before the referendum day. ------------ Alin. ((1 ^ 3) of art. 27 27 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 27 27 of 25 April 2007 , published in MONITORUL OFFICIAL no. 278 278 of 25 April 2007. (2) If the political parties cannot designate, by mutual agreement, the representatives in the electoral bureaus, their draw shall be organized by the president of the respective electoral bureau, in the presence of party delegates. ... (3) If the electoral bureaus cannot be completed according to the previous paragraph, they will work with the number of existing members. ... + Article 28 (1) The district electoral bureaus of the counties and the city of Bucharest, of the communes, towns and municipalities shall perform the following main tasks: ... a) make the necessary publications and displays; ... b) resolve, immediately or no later than 24 hours after the referral, the complaints regarding their own activity and appeals regarding the operations of the electoral bureaus of the polling stations; ... c) totals the results of the referendum at the polling stations in the county or, as the case may be, in Bucharest and, no later than 24 hours after the closure of the elections, submits them to the Central Electoral Bureau, in the case of the national along with the documents underlying them. ... (2) In the case of local referendum the constituency electoral offices of the counties and of the city of Bucharest shall, accordingly, meet the tasks of the Central Electoral Office. ... + Article 29 The electoral offices work in the presence of half plus one of the total number of their members and make judgments with the majority of the members present + Article 30 (1) The referendum campaign begins on the date of public knowledge of the date of the referendum. ... -------------- Alin. ((1) of art. 30 30 has been amended by art. II of EMERGENCY ORDINANCE no. 92 92 of 9 October 2003 , published in MONITORUL OFFICIAL no. 710 710 of 10 October 2003. (2) 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. ... (3) The means used in the referendum campaign must not be contrary to the rule of law. ... + Article 31 (1) Each polling station shall have a sufficient number of cabins, ballot boxes and voting stamps. ... ((2) The cabins and the boxes must be placed in the same room where the office of the president is located. The cabins, urns and stamps will be provided by the mayors of the communes, cities, municipalities and sectors of Bucharest, together with the prefects. ... (3) The model of the stamps to be used in the national referendum must conform to the model approved by the Law no. 68/1992 , and for the local referendum is the one approved by Government Decision no. 270/1996 . ... (4) The chairman of the electoral bureau of the polling station must be present at the polling station on the eve of the referendum day, at 18.00, and is obliged to take the necessary measures to prepare the voting operations. ... (5) The President will order the fixing of the guard posts around the voting place. ... + Article 32 (1) On the day of the referendum, at 6.00, 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. ... ------------- Alin. ((1) of art. 32 32 has been amended by section 4 4 of art. unique from LAW no. 153 153 of 24 July 2012 , published in MONITORUL OFFICIAL no. 511 511 of 24 July 2012, which introduces the 5 5 ^ 1 al art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. (2) The President is obliged to ensure the application of the control stamp on the ballot papers, on his last page, which will remain white. ... + Article 33 (1) The chairman of the electoral bureau of the polling station shall be obliged to take the necessary measures to ensure that the referendum takes place in good conditions. ... (2) The powers of the President, in this regard, shall also lie outside the voting place, in its court, at the entrances to the court, around the voting place, as well as on the streets and in public squares, up to a distance of 500 meters. ... (3) Apart from members of the electoral bureau of the polling station and delegates accredited by the Central Electoral Office no other person can be stationed in public places in the polling area or in the voting place over the time required for conducting the voting operation. ... (4) In order to maintain order the chairman of the electoral bureau of the polling station will have the necessary means of order, provided by the prefects, together with the Ministry of Interior. ... + Article 34 The vote will open at 7.00 and end at 23.00. ------------- Article 34 has been amended by section 4. 4 4 of art. unique from LAW no. 153 153 of 24 July 2012 , published in MONITORUL OFFICIAL no. 511 511 of 24 July 2012, which introduces the 5 5 ^ 2 al art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. + Article 35 Citizens participating in the referendum will receive a ballot, the dimensions of which will be determined by the Central Electoral Bureau, in the case of the national referendum, respectively by the constituency electoral office, in the case of the local referendum. The square with the mention "YES" or "NO" will have a side of 4 cm. The models of the ballots are set out in Annexes no. 1A and 1B. ------------- Article 35 has been amended by section 6.6. 6 6 of art. I of EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012. + Article 36 Citizens are called upon to rule by "YES" or "NO" on the issue subject to the referendum. + Article 37 (1) The access of the participants to the referendum shall take place in the series corresponding to the number of offices. Each participant will present to the electoral bureau of the polling station the identity document or certificate that holds the place of identity document. Electoral office, after verification of registration in the electoral list or after registration in the supplementary electoral list provided for in art. 21, will hand the participant the ballot and the stamp with the mention "Voted". ... (2) The participant in the referendum will express his will individually, in a closed booth, applying the stamp "Voted" only in one of the two squares of the ballot, corresponding to his option. ... (3) After voting on the referendum participant will bend the ballot, so that the white page, which bears the stamp of control, will remain outside, after which it will enter it into the urn, taking care not to open. ... (4) The stamp entrusted for voting shall be returned to the President, who shall apply on the voter card the stamp of control of the polling station. ... (5) The President may take measures that the stationing of the voting in the polling booth should not be unduly extended. ... + Article 38 (1) The chairman of the electoral bureau of the polling station may suspend the voting for thorough reasons. ... (2) The suspension may not exceed one hour and will be announced by display on the door of the voting place. The duration of all suspensions may not exceed two hours. ... (3) During the suspension of the ballot boxes, stamps, ballots and all works of the electoral office will remain under permanent guard. ... + Article 39 (1) The presence of any person in the voting booths outside the voting booth shall be prohibited. ... (2) 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 the polling booth an attendant chosen by him, in order to help him. ... + Article 40 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 health or social protection institutions, in which the non-transportable are hospitalized, the chairman of the electoral bureau of the polling station shall designate from the bureau a number of members who travel with a special ballot box and the material needed to vote at the place where the vote is concerned, in order to carry out the voting. + Article 41 (1) After the closing of voting the chairman of the electoral bureau of the polling station shall proceed with the cancellation of unmet ballots and at the opening of the polls, in the presence of the members of the office and, as the case may be, of persons accredited to attend Referendum. ... (2) The President will read aloud, at the opening of each bulletin, the answer voted and will show the ballot to those present. ... (3) There are void ballots that do not carry the stamp of control of the polling station, the ballots of a model other than the approved legal one, those on which the stamp "Voted" was applied in both squares or was not applied on any of them. If the stamp exceeds the square's sides, but the option is obvious, the bulletin will not be counted null. ... (4) Null buletins do not enter into the calculation of valid votes cast. ... (5) After the end of the counting of votes, a report shall be concluded that shall be signed by the President and the other members of the office and shall be submitted, within 24 hours, to the constituency electoral office. ... + Article 42 (1) During the voting and opening operations of the polls, appeals may be made against these operations. ... (2) Appeals shall be made in writing and shall be submitted to the chairman of the electoral bureau of the polling station, who shall issue proof of receipt. ... (3) The chairman of the electoral bureau of the polling station will immediately decide on appeals whose resolution does not suffer delay. ... + Article 43 (1) In order to record the results of the national referendum, the minutes of which the models are set out in Annexes no. 2-4. ... (2) The result of the local referendum shall be recorded in minutes whose models are set out in Annexes no. 5 5 and 6. ... + Article 43 ^ 1 (1) Minutes to record the result of the referendum, accompanied by null and contested ballots, appeals and copies of permanent electoral lists and supplementary electoral lists completed at the section voting, will be submitted to the superior hierarchical electoral office by the president of the electoral bureau of the polling station, accompanied by 2 members of the office, established by lot, and military guard. ... (2) The voting buletins used, the unintended and cancelled, the stamps from the polling station shall be submitted for archiving at the court to which the administrative-territorial unit is aronded within the radius of which the polling station is located. ... (3) In the case of the national referendum, the minutes drawn up by the electoral bureaus of the polling stations abroad, accompanied by all the meetings and appeals regarding the electoral operations of the electoral bureau of the voting, are transmitted by electronic means to the electoral office for polling stations abroad, through the care of diplomatic representations, no later than 24 hours after their reception. The accuracy of the data in these minutes is confirmed by the president or deputy of the electoral bureau for polling stations abroad, which records and stamps the documents received. Countersigned minutes are used in centralizing the voting result. ... (4) The minutes drawn up by the county electoral bureaus, of the sectors of Bucharest, respectively by the electoral office for polling stations abroad, in the case of national referendums, accompanied by all the minutes of the the subordinate polling stations, together with the copies of the permanent electoral lists, namely the electoral tables used, as well as the unresolved appeals, will be submitted to the Central Electoral Office. ... (5) The Central Electoral Bureau will submit copies of the permanent electoral lists, namely the electoral tables used within the polling stations of the Permanent Electoral Authority, which will verify them in order to detect any votes multiple, within 60 days of the date of the referendum. If the Permanent Electoral Authority finds the existence of persons who have exercised their vote several times, will refer the criminal prosecution bodies to the application of the provisions of art. 387 of the Criminal Code. ... ------------- Alin. ((5) of art. 43 ^ 1 has been amended by section 4.2 1 1 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. ------------- Article 43 ^ 1 has been amended by point (a) 6 6 of art. I of EMERGENCY ORDINANCE no. 103 103 of 30 September 2009 , published in MONITORUL OFFICIAL no. 656 656 of 2 October 2009. + Article 44 The results centralized at national level by the Central Electoral Bureau, including the number of valid votes cast for each response on the ballot and the number of null votes, shall be submitted, with military security, to the Court Constitutional, within 24 hours of the conclusion of the centralization. + Article 45 (1) The Constitutional Court shall submit to the Parliament a report on the observance of the procedure for the organization and conduct of the national referendum and ... (2) The law on revision of the Constitution or, as the case may be, the measure of dismissal of the President of Romania shall enter into force on the date of publication in the Official Gazette of Romania, Part I, of the Constitutional Court's decision confirming the Referendum. ... (3) The Constitutional Court publishes the referendum result in the Official Gazette of Romania, Part I, and in the press. ... + Article 46 (1) The Prefect shall supervise the organization and conduct of the local referendum, including the observance of the deadlines for carrying out the activities provided ... (2) Within 24 hours from the receipt of the decision of the local or county council, establishing the organization of the local referendum, the prefect will inform the Department for Local Public Administration of the Ministry of Public Function. ... + Article 47 The Ministry of Public Function will inform the Government about the local referendum + Article 48 The technical-organizational measures regarding the national referendum shall be established by the Romanian Government within 10 days from the date on which the referendum was announced. + Chapter V Contraventions ------------- The title of Chapter V has been amended by point 2 2 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 49 It constitutes contraventions, insofar as, according to the law, are not crimes, the following facts: a) the registration, knowingly, of a person in several electoral lists of the locality of domicile; the registration in the electoral lists of fictitious persons or who do not have the right to vote; ... b) refusal to comply with the provisions of the president of the electoral bureau of the polling station on ensuring order from the voting place and in the surroundings, according to the provisions of art. 33 33 para. ((2) and (3); ... c) unjustified refusal to hand the ballot and the voting stamp to the person entered in the list and who presents an identity document, as well as to hand the ballot to a person who does not present this act; ... d) leaving the polling station premises before the referendum result is established and the minutes are signed by the members of the electoral bureau of the polling station; ... e) the unjustified absence of the president or members of electoral bureaus, established according to the provisions of this law, from their activity. ... f) printing without right, for use on the day of the referendum, of ballots. ... ------------- Lit. f) of art. 49 49 was introduced by section 4.2. 3 3 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 50 The contraventions provided in art. 49 lit. a)-d) is sanctioned with a fine of 500 lei per 1,000 lei, and those provided in lett. e) and f), with a fine of 1,000 to 5,000 lei. ------------- Article 50 has been amended by section 6.6. 4 4 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 51 (1) Finding the contraventions provided in art. 49 is made by minutes drawn up by: ... a) the police officers and sub-officers, for the acts referred to in lett. a)-c) and f); ... ------------- Lit. a) a par. ((1) of art. 51 51 has been amended by section 4.2 5 5 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. b) the president of the constituency electoral office, for the act provided in lett. d); ... c) the chairman of the electoral bureau, in the case of its members, as well as the president of the superior hierarchical electoral office, in the case of the presidents ... (2) In the case of contraventions provided in art. 49 lit. d) and e), with the conclusion of the minutes the ascertaining agent will also apply the fine. ... ((3) Contraventions provided for in art. 49 are also applicable to the provisions of Law no. 32/1968 * *) on the establishment and sanctioning of contraventions. ... (4) The minutes of finding the contraventions provided in art. 49 lit. a)-c) and f) will be submitted to the court in whose territorial area the contravention was committed, which will apply the sanction. ... ------------- Alin. ((4) of art. 51 51 has been amended by section 6 6 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 52 Repealed. ------------- Article 52 has been repealed by point (a) 7 7 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 53 Repealed. ------------- Article 53 was repealed by point (a). 7 7 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 54 Repealed. ------------- Article 54 has been repealed by point (a) 7 7 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 55 Repealed. ------------- Article 55 was repealed by point (a). 7 7 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 56 Repealed. ------------- Article 56 was repealed by point (a). 7 7 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 57 Repealed. ------------- Article 57 was repealed by point (a). 7 7 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 58 Repealed. ------------- Article 58 was repealed by point (a). 7 7 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 59 Goods intended, used or resulting from the commission of the contraventions provided in art. 49 lit. f) it is confiscated. ------------- Article 59 has been amended by point 8 8 of art. 75 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 60 Annexes no. 1A, 1B and 2-6 are an integral part of this law. + Chapter VI Transitional and final provisions + Article 61 The expenses for holding and holding the referendum shall be borne as follows: a) of the state budget, for the national referendum; ... b) from the budget of the commune, city or county, as the case may be, for the local referendum. ... + Article 62 Provisions Head. XII of Law no. 68/1992 for the election of the Chamber of Deputies and the Head. VI of Law no. 70/1991 on local elections shall apply accordingly, insofar as the present law does not otherwise be ordered. + Article 63 (1) This law shall enter into force 30 days after its publication in the Official Gazette of Romania, Part I. ... (2) The same date shall be repealed Decree-Law no. 29/1990 on the establishment of national referendum, published in the Official Gazette of Romania, Part I, no. 11 11 of 17 January 1990, as well as any other provisions to the contrary. ... This law was adopted by the Chamber of Deputies at the meeting of October 26, 1999, in compliance with the provisions of 74 74 para. ((1) and of art. 145 of the Romanian Constitution. PRESIDENT CHAMBER OF DEPUTIES ION DIACONESCU This law was passed by the Senate at the meeting of 8 February 2000, in compliance with the provisions of art. 74 74 para. ((1) and of art. 145 of the Romanian Constitution. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS + Annex 1A ROMANIA BALLOT PAPER for the national referendum of the date ....... on ....... ┌ ┌ ------ | | | | | YES | | | | └ └ ------ Issue subject to referendum .......... ┌ ┌ ------ | | | | | NO | | | | └ └ ------ + Annex 1B ROMANIA BALLOT PAPER for the local referendum on ........ on ......... ┌ ┌ ------ | | | | | YES | | | | └ └ ------ Issue subject to referendum .......... ┌ ┌ ------ | | | | | NO | | | | └ └ ------ + Annex 2 County *) .......................... Commune (city, municipality, sector Bucharest Municipality) ............ Polling station no. ............... MINUTES on the national referendum results on .......... 1. Number of persons in the referendum list ........................................... 2. Number of participants * *) ........................................................................ 3. Number of ballots received to be used ...................................... 4. Number of ballots left unsupported ................................................. 5. Number of valid votes cast in the reply "YES" ............................................. 6. Number of valid votes cast in the reply "NO" ............................................. 7. Number of votes null .................................................................................... 8. Number of contested votes ...................................................................... 9. Number of welcome and appeals received .................................................. 10. Number of met and appeals resolved ............................................. 11. The number of meetings and appeals submitted to the constituency electoral office .......... 12. Short exposure of the way of resolving the encounterments and appeals .................... President of the Electoral Bureau, Members: ......................................... .............................. ((name, surname, signature and stamp) (name, surname and signature) Date .................... -------- *) Bucharest Municipality, if the polling station is part of this municipality. ** **) The number of participants must be equal to the amount resulting from the addition of the figures from item 5 5, 6 and 7. ------------- Annex 2 has been replaced by Annex 1 EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012, according to point 7 7 of art. I of the same normative act. + Annex 3 Constituency Electoral Office ................................... MINUTES on the national referendum results on ............... 1. Number of persons in the referendum list ............................................ 2. Number of participants *) .......................................................................... 3. Number of ballots received to be used ....................................... 4. Number of ballots left unmet .................................................. 5. Number of valid votes cast in the reply "YES" .............................................. 6. Number of valid votes cast in the reply "NO" .............................................. 7. Number of votes null ............................................................................. 8. Number of contested votes ....................................................................... 9. Total number of encounterments and appeals .................................................... 10. The number of met and appeals resolved by the electoral bureaus of polling stations .................. 11. Short exposure of the way of settling the welcome and appeals by the electoral bureaus of polling stations ........................... 12. The number of meetings and appeals submitted to the constituency electoral office ........... 13. Short notice of how to resolve the meetings and appeals by the constituency electoral office ............................ President of the Electoral Bureau, Members: ......................................... .............................. ((name, surname, signature and stamp) (name, surname and signature) Date .................... --------- * *) The number of participants must be equal to the amount resulting from the addition of the figures from item 5 5, 6 and 7. ------------- Annex 3 has been replaced by Annex 2 EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012, according to point 7 7 of art. I of the same normative act. + Annex 4 Central Electoral Office ......................... MINUTES on the national referendum results on ............... 1. Number of persons in the referendum list ....................................... 2. Number of participants *) ..................................................................... 3. Number of ballots received to be used .................................. 4. Number of ballots left unsupported ............................................. 5. Number of valid votes cast in the reply "YES" ......................................... 6. Number of valid votes cast on the answer "NO" ......................................... 7. Number of votes null ........................................................................ 8. Number of contested votes .................................................................. 9. Total number of encounterments and appeals ............................................. 10. The number of meetings and appeals resolved by the constituency electoral offices ....................................... 11. Short notice of how to resolve the meetings and appeals by the constituency electoral bureaus ........................ 12. The number of meetings and appeals submitted to the Central Electoral Bureau ................ 13. Short notice of how to resolve the meetings and appeals by the Central Electoral Office ...................................... President of the Electoral Bureau, Members: ......................................... .............................. ((name, surname, signature and stamp) (name, surname and signature) Date .................... --------- * *) The number of participants must be equal to the amount resulting from the addition of the figures from item 5 5, 6 and 7. ------------- Annex 4 has been replaced by Annex 3 EMERGENCY ORDINANCE no. 41 41 of 5 July 2012 , published in MONITORUL OFFICIAL no. 452 452 of 5 July 2012, according to point 7 7 of art. I of the same normative act. + Annex 5 County *) ................................ The municipality (city, municipality, muni- Bucharest) ...................... Polling station no. ..................... MINUTES on the local referendum results on .................... 1. Number of persons in the referendum list ................. 2. Number of participants * *) .............................................. 3. Number of ballots received to be used ............ 4. Number of ballots left unmaintained ....................... 5. Number of valid votes cast on the answer "YES" .................... 6. Number of valid votes cast on the answer "NO" .................... 7. Number of votes null .................................................... 8. Number of contested votes ............................................ 9. The number of welcome and appeals received ........................ 10. Number of met and appeals resolved .................... 11. Short notice of how to resolve the greetings and Appeals ................. President of the Electoral Bureau, Members: ................................. ................................. ........................... ((name, surname, signature and stamp) (name, surname and signature) Date ............................. ---------- *) Bucharest Municipality, if the referendum is organized at its level. ** **) The number of participants must be equal to the amount resulting from the addition of the figures from item 5 5, 6 and 7. + Annex 6 County *) ............................... The municipality (city, municipality, muni- Bucharest) ..................... Constituency .......................... MINUTES on the local referendum results on .................. 1. Number of persons in the referendum list .............. 2. Number of participants * *) ........................................... 3. Number of ballots received to be used ......... 4. Number of ballots left unsupported .................... 5. Number of valid votes cast on the answer "YES" ................ 6. Number of valid votes cast on the answer "NO" ................ 7. Number of votes null ............................................... 8. Number of contested votes ......................................... 9. Number of welcome and appeals received ..................... 10. Number of met and appeals resolved ................. 11. Short notice of how to resolve the greetings and Appeals ....................... President of the Electoral Bureau, Members: ................................ ............................... ((name, surname, signature and stamp) (name, surname and signature) Date ............................. -------------- *) Bucharest Municipality, if the referendum is organized at its level. ** **) The number of participants must be equal to the amount resulting from the addition of the figures from item 5 5, 6 and 7. -------
