Law No. 3 Of 22 February 2000 On The Organisation And Conduct Of The Referendum

Original Language Title:  LEGE nr. 3 din 22 februarie 2000 privind organizarea şi desfăşurarea referendumului

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Law No. 3 of 22 February 2000 (* updated *) on the Organization and conduct of the referendum (updated until 3 June 2016 *) ISSUER-PARLIAMENT------the Parliament of Romania adopts this law chapter I General provisions Article 1 In Romania national sovereignty belongs to the people, who shall exercise it through its representative bodies and by referendum.


Article 2 (1) of the National Referendum constitutes form and direct means of consultation and expression of the will of the Romanian people sovereign: the revision of the Constitution);
  

b) dismissal of the President;
  

c) matters of national interest.
  

(2) under this law can organize and conduct local referendum and on some issues of special interest for the territorial-administrative units.
  

(3) in the referendum the populace can be consulted regarding one or more issues as well as on an issue of national interest and a matter of local interest, on separate ballots.
  


Article 3 issues that, according to art. 148 of the Constitution *), shall not be subjected to revision cannot be put to referendum.


Article 4 shall be entitled to participate in the referendum, all Romanian citizens who have reached the age of 18 until the day of the referendum, with the exception of debililor or alienaţilor put under interdiction, mentally as well as persons convicted by final judgment to loss of electoral rights.


Article 5 (1) of the National Referendum and local referendum shall be organized and conducted under the provisions of this law.
  

(2) the referendum is valid if it participates in at least 30% of the number of persons entered on the electoral lists.
  

— — — — — — — — — — — —-. (2) of article 9. 5 was amended by section 1 of article. 1 of law No. 341 of 16 December 2013, published in MONITORUL OFICIAL nr. 787 of 16 December 2013.

(3) the result of the referendum is validated if valid options represent at least 25 percent of those registered on the electoral lists.
  

— — — — — — — — — — — —-. (3) art. 5 was introduced by section 2 of art. 1 of law No. 341 of 16 December 2013, published in MONITORUL OFICIAL nr. 787 of 16 December 2013.


Chapter II national referendum section 1 referendum revising the Constitution in article 6 (1) of the Constitution revision and the procedure are subject to the rules laid down in article 21. 146 and 147 of the Constitution), and the Organization and conduct of the referendum shall be determined by law.
  

(2) the Organization and conduct of the referendum on the revision of the Constitution, as well as its outcome.
  


Article 7 (1) citizens have the right to participate in the referendum to be decided by "YES" or "no" to the following question stated on the ballot: "do you agree with the law, to revise the Constitution in the form approved by the Parliament?"
  

(2) the result of the referendum shall be determined according to a majority of the votes validly cast, as follows: — — — — — — — — — — — —-the introductory part of paragraph 1. (2) of article 9. 7 was amended by section 3 of article 9. 1 of law No. 341 of 16 December 2013, published in MONITORUL OFICIAL nr. 787 of 16 December 2013.
 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ absolute numbers per cent ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ a) number of persons entered on the lists for the referendum b) number of participants (c)) the number of votes validly cast the "Yes" Answer d) Number of valid votes cast to answer "no" s) void votes ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ second section of the referendum on the dismissal of the President of Romania Article 8 Referendum to remove the President of Romania shall be binding and shall be fixed by decision of the Parliament under the conditions laid down in article 21. 95 of the Constitution).


Article 9 the citizens who participate in the referendum shall be entitled to vote "YES" or "no" to the following question stated on the ballot: "do you agree with the dismissal of the President?"


Article 10 dismissal of the President of Romania shall be approved if, following the referendum, the proposal has met the majority of the votes validly cast.
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Art. 10 was modified by art. in accordance with law No. 131 of 17 July 2012, published in MONITORUL OFICIAL nr. 489 17 July 2012.


Section 3 of the referendum on matters of national interest in article 11 (1) the President of Romania, after consulting Parliament, may be required to express the will of the people through referendum on matters of national interest.
  

(2) Matters subject to the conduct of the referendum and its date shall be determined by the President of Romania, by Decree.
  

(3) the views of the Parliament regarding the referendum initiated by the President of Romania to be expressed by means of a decision adopted in a joint sitting of the two chambers of the Court, by a majority vote of Deputies and senators present, not later than 20 calendar days from the request of the President.
  

— — — — — — — — —-. (3) art. 11 was amended by paragraph 2 of article 9. in accordance with law No. 62 of 10 April 2012 was published in MONITORUL OFICIAL nr. 247 of 12 April 2012, which amends section 2 of art. From the EMERGENCY ORDINANCE nr. 103 of 30 September 2009, published in MONITORUL OFICIAL nr. Nr. 656 of 2 October 2009.

(4) If the Parliament is unable to convey its views within the time limit laid down in paragraph 1. (3) the President of Romania shall issue a decree on holding the referendum after the expiry of that period, the constitutional procedure for consultation of Parliament and felt satisfied.
  

— — — — — — — — — — —-. (4) article. 11 was reintroduced by point 3 of article 1. in accordance with law No. 62 of 10 April 2012 was published in MONITORUL OFICIAL nr. 247 of 12 April 2012, which complements art. From the EMERGENCY ORDINANCE nr. 103 of 30 September 2009, published in MONITORUL OFICIAL nr. Nr. 656 from October 2, 2009, with 2 ^ 1.


Article 12 (1) the legal effects Ceased.
  

— — — — — — — — — — —-. (1) of article 1. 12 ceased legal effect according to the DECISION of the CONSTITUTIONAL COURT No. 567 of 11 July 2006, published in MONITORUL OFICIAL nr. 613 of 14 July 2006.

(2) all citizens are called upon to adjudicate through the "Yes" or "no" on the referendum issue, deciding by a majority of the votes validly cast.
  

— — — — — — — — — — — —-. (2) of article 9. 12 was amended by paragraph 4 of art. 1 of law No. 341 of 16 December 2013, published in MONITORUL OFICIAL nr. 787 of 16 December 2013.


Chapter III, article 13 local referendum (1) Issues of special interest from the territorial administrative units and territorial-administrative subdivisions of municipalities may be subject, under the present law, the approval of local residents through a referendum.
  

(2) local referendum can be organised in all the villages and towns of the commune or town components times only in some of them. In the case of the referendum at the County, it may be held in all municipalities and towns in the County times only in some of them, who are directly concerned.
  

(3) the draft laws or legislative proposals amending the territorial limits of communes, towns and counties shall be submitted to Parliament for adoption only after prior consultation of the citizens of the respective administrative-territorial units, by referendum. In this case the Organization of the referendum is binding.
  


Article 14 (1) local referendum-related matters shall be determined by the local councils or County, as applicable, upon the proposal of the Mayor, the President of the County Council or of a third of the number of Councillors, District Councillors.
  

— — — — — — — — — — —-. (1) of article 1. 14 was amended by article in law No. 551 of 18 December 2003, published in Official Gazette No. 922 of 22 December 2003.

(2) all citizens are called upon to adjudicate through the "Yes" or "no" on the referendum issue, deciding by a majority of the votes validly cast at the level of the respective administrative-territorial unit.
  


Chapter IV common provisions concerning referendum in article 15 (1) the subject matter and the date of national referendum shall be determined as follows: (a)) by law, if a referendum on the revision of the Constitution, in compliance with art. 147 paragraph 1. (3) of the Constitution);
  

b) Decree of Parliament, if the referendum concerning the dismissal of the President of Romania, in compliance with art. 95 para. (3) of the Constitution);
  

c) by the Decree of the President of Romania, in the case of referendum on matters of national interest.
  

(2) Bringing to the attention of national public referendum date is through the Official Gazette of Romania, part I, and the press, radio and television.
  


Article 15 ^ 1 (1) in the event that the referendum takes place simultaneously with the electoral process for election of the Chamber of Deputies and the Senate, respectively, for the election of the President of Romania times European Parliament elections or local elections, the Organization and conduct of the referendum shall be subject to the provisions of law No. 35/2008 for the election of the Chamber of Deputies and of the Senate and on modification and completion of the law No. 67/2004 for the election of local public administration authorities, local public administration, law No. 215/2001 and of the law nr. 393/2004

on the status of local elected officials, with subsequent amendments and additions, the law No. 370/2004 for the election of the President of Romania, with subsequent amendments and additions, the law No. 33/2007 relating to the Organization and conduct of elections for the European Parliament, as amended and supplemented, where appropriate.

(2) In the situation referred to in paragraph 1. (1) elections shall be conducted both within the same polling stations, electoral operations being carried out by the same electoral offices, established under the law.
  

(3) the Government shall determine by a schedule for carrying out the actions needed for the referendum, the budget and expenses necessary for the Organization and conduct of elections, the electoral list, copy the model of the additional electoral list or, if applicable, the election tables, the Central Electoral Office stamp, the county electoral board, the Electoral Board of the municipality of Bucharest, the electoral board for the polling stations abroad stamp model control of polling stations and the model of the stamp with the words «VOTE», ballot design, pattern stamp, sticker printing, management and use, measures to be taken by Central and local public authorities for the proper organisation and conduct of elections.
  

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Art. 15 ^ 1 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 103 of 30 September 2009, published in MONITORUL OFICIAL nr. 656 of 2 October 2009.


Article 16 (1) the subject matter and the date of local referendum shall be established and shall be available to the public at least 20 days before its unfolding.
  

(2) local referendum can be organized in a single day, which can be only on Sundays.
  

(3) the public knowledge of the date of local referendum shall be made by any mass media.
  


Article 16 ^ 1 *) (1) in the event that the local referendum held at the same time as the municipal elections, the Organization and conduct of local referendum shall be conducted on the basis of law No. 115/2015 for the election of local public administration authorities, the modification of the law on local public administration no. 215/2001, as well as for the modification and completion of the law #. 393/2004 on the status of local elected officials.

(2) in the case referred to in paragraph 1. (1) elections shall be conducted both within the same polling stations, electoral operations being carried out by the same electoral offices of polling stations, set up according to law No. 115/2015.

(3) in the case referred to in paragraph 1. (1) voters shall vote on the basis of electoral lists and electoral lists drawn up in accordance with additional separate law, using the same stamps.
  

(4) the Office of the electoral district set up for local elections in the town, city, municipality or County, as applicable, in which the local referendum meets appropriately the powers provided for in art. 28. (5) costs for the production of ballot papers for local referendum shall be borne by the budget.
  

(6) in the case referred to in paragraph 1. (1) article. 84 of law nr. 115/2015 shall apply accordingly.
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Art. 16 ^ 1 was introduced by art. From the EMERGENCY ORDINANCE nr. 11 May 15, 2016, published in MONITORUL OFICIAL nr. 367 may 12, 2016.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 361 dated 26 May 2016, published in MONITORUL OFICIAL nr. 419 of 3 June 2016, it was considered the plea of unconstitutionality of the provisions of Emergency Ordinance of Government No. 15/2016, it was found that the provisions of Emergency Ordinance of Government No. 15/2016 for completing law No. 3/2000 on the organisation and conduct of the referendum are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, as of 3 June 2016, the provisions cited above are suspended by operation of law, and to cease legal effect on 18 July 2016, if the legislature does not intervene to amend the provisions under attack.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 17 (1) operations for referendum shall be held in the electoral districts and polling stations, organized according to the provisions of law No. 35/2008, with subsequent amendments and additions, based on the children's permanent voter lists and other electoral lists provided by law, except as provided for in article 10. 15 ^ 1 of this Act, which shall apply accordingly.
— — — — — — — — — — — —-. (1) of article 1. 17 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 103 of 30 September 2009, published in MONITORUL OFICIAL nr. 656 of 2 October 2009.

(2) permanent Updating of voter lists is done by the mayors, according to the provisions of law No. 68/1992 of law No. 70/1991, republished, with subsequent amendments, no later than 5 days from the date of the day of the referendum.
  


Article 18 of the electoral lists, Display if the law makes provision for such an operation, the numbering and demarcation, bringing to the attention of the public polling stations and voting premises shall be made according to the provisions of law No. 68/1992 and law No. 70/1991, republished, with subsequent amendments, within 48 hours of the completion of the time limit laid down in article 21. 17 para. (2) article 19 (1) citizens have the right to verify the entries in the voter lists. Greetings against omissions, erroneous entries, and any errors in the lists are made to public authorities which compiled the lists, they will be required to adjudicate on the spot or within 24 hours of registration.
  

(2) Appeals against the provisions taken by the public authorities referred to in paragraph 1. (1) later than deciding 48 hours in court the residing in the referendum or participant, in the case of those enrolled in additional voters, by the District Court in whose territorial RADIUS lie the electoral vote which drew up the list. The judgment is final; It shall communicate to interested parties within 24 hours of delivery.
  

— — — — — — — — — — — —-. (2) of article 9. 19 was modified by art. 36 of the law nr. 76 of 24 may 2012, published in MONITORUL OFICIAL nr. 365 of 30 may 2012.


Article 20 (1) citizens residing in other than that in which they have their habitual residence may ask the Mayor of that place, in the case of local referendums, their inclusion on the list. 3 days before the date of the referendum does not make entries in these lists.
  

— — — — — — — — — — — —-. (1) of article 1. 20 was amended by section 5 of art. From the EMERGENCY ORDINANCE nr. 103 of 30 September 2009, published in MONITORUL OFICIAL nr. 656 of 2 October 2009.

(2) drawing up the Electoral Body referred to in paragraph 1. (1) is bound to wax your home town hall of deletion in the case of persons on the electoral roll of that.
  


Article 21 the citizen who, in the national referendum, was in a different locality than the one in which shall be entered in the electoral list may exercise their right to vote in that locality, at any polling station, to be entered in a supplementary list of the President of the electoral voting based on identity document or of the ownership that you instead of ID.


Article 22 (1) the public authorities which compiled the voters they will submit to the bureaus of the polling station two days before the referendum date.
  

(2) Any subsequent change shall communicate forthwith to the bureaus of the polling station.
  


Article 23 For the Organization and conduct of the referendum, within 5 days from the date of the day of the referendum shall be established, where necessary, the Central Electoral Bureau, district electoral offices, offices of the sectors of Bucharest, the electoral board for polling stations organized outside the country, as well as bureaus of the polling station.
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Art. 23 was amended by paragraph 2 of article 9. in accordance with law No. 153 of 24 July 2012, published in MONITORUL OFICIAL nr. 511 of 24 July 2012, which amends section 2 of art. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.


Article 24 (1) the Central Electoral Bureau is made up of seven judges of the Supreme Court of Justice, one of whom will perform as President, as well as of one delegate of each political party represented in Parliament).
  

(2) the designation of the seven judges shall be made not later than 3 days from the date of the day of the referendum by the President of the Supreme Court of Justice, by drawing lots from a list of all judges in the exercise of the Court.
  

(3) the President of the Central Electoral Board is elected by secret ballot by the members of the Committee not later than 24 hours after the nomination.
  


Article 25


(1) the Central Electoral Bureau shall ensure the updating of electoral lists, in drawing up these children and their transmission to the polling precinct, oversees the conduct of the referendum, correct centralised at national level its results, which it will submit to the Constitutional Court.
  

(2) the Central Electoral Bureau resolves complaints which are addressed, except those that are given in other bureaus or competence of the courts.
  

(2 ^ 1) In exercising the functions conferred on it, shall be adopted by the Central Electoral Bureau decisions are brought to their attention in the open court and through any means of advertising. The Central Electoral Board's decisions are binding on all authorities, public institutions and bureaus, as well as all bodies involved in the field from the date of the referendum, in order to make an informed in open court.
— — — — — — — — — — — —-. (2 ^ 1), art. 25 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.
(2 ^ 2) For the correct operation of the referendum, the Central Electoral Bureau shall issue judgment in interpreting law, decisions shall be published in the Official Gazette of Romania, part I. — — — — — — — — — — — —-. (2 ^ 2) of art. 25 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.

(3) where an all-round election fraud at a polling station or in a constituency, the Central Electoral Bureau ordering referendum results within that polling stations or, as the case may be, within the electoral district concerned.
  

(4) the President of the Central Electoral Bureau and withdraw accreditation to representatives of mass media.
  


Article 26 (1) if the national referendum, electoral bureaus of counties and the municipality of Bucharest, election offices of the sectors of Bucharest and for electoral precincts organized outside the country shall consist of a Chairman and not more than 6 delegates of political parties represented in Parliament; in the case of the referendum, the electoral offices of counties and Bucharest, the communes, towns and municipalities, the sectors of Bucharest, as well as the offices of the electoral precinct shall consist of a Chairman and not more than 6 delegates of political parties represented in the City Council or County.
  

— — — — — — — — — — — —-. (1) of article 1. 26 was amended by section 3 of article 9. in accordance with law No. 153 of 24 July 2012, published in MONITORUL OFICIAL nr. 511 of 24 July 2012, which amends section 4 of article. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.
(1 ^ 1) In the case of the organisation of a national referendum, is electoral bureaus only at the county level and the municipality of Bucharest, the electoral Office for precincts organized outside the country, as well as the offices of the electoral district of the municipality of Bucharest.
— — — — — — — — — — — —-. (1 ^ 1), art. 26 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.

(2) the district electoral offices Chairmen of counties and the municipality of Bucharest, election Office for precincts 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 of the municipality of Bucharest, where appropriate, not later than 3 days after the day of the referendum, by drawing lots.
  

— — — — — — — — — — — —-. (2) of article 9. 26 was amended by section 3 of article 9. in accordance with law No. 153 of 24 July 2012, published in MONITORUL OFICIAL nr. 511 of 24 July 2012, which amends section 4 of article. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.
(2 ^ 1) Presidents of district electoral offices of municipalities, cities and municipalities are established by the President of the Tribunal, no later than 3 days after the day of the referendum, by drawing lots.
— — — — — — — — — — —-. (2 ^ 1), art. 26 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 27 of 25 April 2007, published in MONITORUL OFICIAL nr. 278 of 25 April 2007.
(2 ^ 2) Presidents of the bureaus of polling stations are established by the President of the County Court or of the municipality of Bucharest, where appropriate, with at least 7 days before the day of the referendum, by drawing lots.
— — — — — — — — — — —-. (2 ^ 2) of art. 26 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 27 of 25 April 2007, published in MONITORUL OFICIAL nr. 278 of 25 April 2007.

(3) the draw is made on a list which shall include, in the following order: judges and prosecutors, and other lawyers in the county or municipality of Bucharest, which are not part of a political party.
  

(4) if the number of Jurists is insufficient, the draw is made on another list that will include people from other, culminating with a reputation neştirbită and which do not belong to any political party.
  

(5) the list other than lawyers, judges and prosecutors as well as the list of persons referred to in the preceding paragraph shall be prepared by the prefect, the Mayor's proposal, and will be forwarded to the President of the County Court or of the municipality of Bucharest within 48 hours after the day of the referendum.
  

(6) persons referred to in paragraph 1. (3) and (4) shall be made taking into account their domicile.
  


Article 27 (1) the designation of delegates of political parties, under art. 24, is binding and shall communicate in writing to the Chairman of the Central Electoral Board, not later than 5 days after the day of the referendum.
  

— — — — — — — — — — —-. (1) of article 1. 27 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 27 of 25 April 2007, published in MONITORUL OFICIAL nr. 278 of 25 April 2007.
(1 ^ 1) Designation of delegates of political parties in electoral offices of counties and the municipality of Bucharest, according to art. 26 para. (1), shall be binding and shall communicate in writing to the President of the Office of the electoral district or County of the municipality of Bucharest, not later than 5 days after the day of the referendum.
— — — — — — — — — — —-. (1 ^ 1), art. 27 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 27 of 25 April 2007, published in MONITORUL OFICIAL nr. 278 of 25 April 2007.
(1 ^ 2) Designation of delegates of political parties in electoral offices of municipalities, towns and municipalities, according to art. 26 para. (1), shall be binding and shall communicate in writing to the President of the Office of the electoral district or County of the municipality of Bucharest, not later than 5 days after the day of the referendum.
— — — — — — — — — — —-. (1 ^ 2) of art. 27 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 27 of 25 April 2007, published in MONITORUL OFICIAL nr. 278 of 25 April 2007.
(1 ^ 3) Designation of political party delegates in polling precinct, according to art. 26 para. (1), shall be binding and shall communicate in writing to the Chairman of the electoral board, with at least 3 days before the day of the referendum.
— — — — — — — — — — —-. (1 ^ 3) of art. 27 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 27 of 25 April 2007, published in MONITORUL OFICIAL nr. 278 of 25 April 2007.

(2) if the political parties cannot appoint, by mutual agreement, the representatives in the polling, it will hold the drawing of lots by the President of the Office in this election of delegates.
  

(3) if the polling cannot complete according to the preceding paragraph, they will work with the existing number of members.
  


Article 28 (1) the district electoral Offices of counties and Bucharest, the communes, towns and municipalities meet the following main tasks: to) make the necessary publications and displays;
  

b) solve immediately or within 24 hours of referral, concerning its work greetings and appeals with respect to the operations of the electoral precinct;
  

c) total referendum results from the polling stations in the county or, if appropriate, in the municipality of Bucharest and at the latest 24 hours after the closing of the poll, they shall submit to the Central Electoral Board, in the case of the national referendum, along with the documents underlying them.
  

(2) in case the referendum electoral bureaus of counties and Bucharest city meet, accordingly, the powers of the Central Electoral Board.
  


Article 29 bureaus working in the presence of half plus one of the total number of their members and take decisions if a majority of the members present.


Article 30 (1) for the referendum Campaign begins on the date of the public notice of the date of the referendum.
  

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Alin. (1) of article 1. 30 was modified by art. The EMERGENCY ORDINANCE nr. 92 of 9 October 2003, published in Official Gazette No. 710 of 10 October 2003.

(2) in the campaign for the referendum, political parties and citizens have the right to express their views freely and without discrimination, through rallies, public gatherings and through means of mass media.
  


(3) the means used in the campaign for the referendum should not be contrary to the rule of law.
  


Article 31 (1) Each polling station must have a sufficient number of booths, urns and stamps.
  

(2) the ballot boxes to be stacked and Booths in the same room that the President's Office. Booths, ballot boxes and stamps will provide by the town councils of communes, towns, municipalities and sectors of Bucharest, along with constables.
  

(3) the model of seals that will be used at a national referendum shall conform to the model approved by law No. 68/1992 and for local referendum shall be as approved by Government decision No. 270/1996.
  

(4) the President of the electoral precinct must be present on the premises of the polling stations on the eve of the day of the referendum, at 18.00, and is obliged to take the necessary steps to prepare for voting operations.
  

(5) the President shall order the attachment of guard stations around the premises.
  


Article 32 (1) on the day of the referendum, the electoral Bureau Chairman, 6.00 the polling stations in the presence of the other members, check the ballot boxes, voter lists, ballots and the stamps, after which shut down and sealed ballot boxes, by applying the stamp of the Department.
  

— — — — — — — — — — — —-. (1) of article 1. 32 was amended by paragraph 4 of art. in accordance with law No. 153 of 24 July 2012, published in MONITORUL OFICIAL nr. 511 of 24 July 2012, introducing item 5 ^ 1 of art. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.

(2) the President shall ensure that the inspection stamp on the ballots, on the last page of it that will remain white.
  


Article 33 (1) the President of the electoral board is obliged to take the necessary measures to ensure that the referendum to arise in good condition.
  

(2) the powers of the President, in this respect, is in and out of the restaurant, its courtyard, the courtyard entrances around the premises, as well as on the streets and in the public markets, up to a distance of 500 metres.
  

(3) in addition to the members of the electoral vote and the delegates accredited by the Central Electoral Bureau nor any other person can not stay parked in public places in the polling station or in the voting over the time required to perform the operation.
  

(4) in order to maintain the order of the President of the electoral voting section will have at its disposal the necessary means of orders, provided by prefects, along with the Interior Ministry.
  


Article 34 the ballot will open on the hour 7.00 and will end at the time of 23.00.
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Art. 34 was amended by paragraph 4 of art. in accordance with law No. 153 of 24 July 2012, published in MONITORUL OFICIAL nr. 511 of 24 July 2012, introducing item 5 ^ 2 of art. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.


Article 35 Citizens participating in the referendum will receive a voting bulletin, whose dimensions will be established by the Central Electoral Bureau, in case the referendum at the national level, the Office of the electoral district, if the referendum. The square with the words "Yes" or "no" will have the 4 cm. models of ballot papers are provided in the appendices. 1A and 1B.
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Art. 35 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 of 5 July 2012.


Article 36 citizens are called upon to adjudicate through the "Yes" or "no" on the referendum issue.


Article 37 (1) access to the participants in the referendum vote is held in the appropriate series number 20. Each participant will present the electoral voting identity card or certificate that you instead of ID. After checking the electoral enrollment in the electoral roll or after enrolling in additional electoral list referred to in article 1. 21, will be handed over to the participant the ballot and stamp "voted".
  

(2) a participant in the referendum will express the will of the individual in an enclosed cabin, applying "voted" stamp only in one of the two squares of the ballot design, its corresponding option.
  

(3) after the participant voted will bend referendum ballot papers, such as video, which bears the stamp of the inspection, to remain apart, after which you will insert into the pot, taking care not to open.
  

(4) the stamp for voting shall be returned to be entrusted to the President, which will be applied on the voter's control Department stamp.
  

(5) the President may take action as stationing one who votes in the voting booth should not be unduly extended.
  


Article 38 (1) the President of the electoral precinct may suspend voting for good reasons.
  

(2) the suspension shall not exceed one hour and will be announced through the display on the door of the restaurant. The duration of all suspensions may not exceed two hours.
  

(3) during the suspension of polling boxes, ballots, stamps and all electoral will remain under permanent guard.
  


Article 39 (1) any person Present in the voting booths in addition to that vote is prohibited.
  

(2) a participant in the referendum, which, for good reasons, established by the President of the electoral vote, cannot vote alone, has the right to call in the voting booth a caregiver of his choice, in order to help him.
  


Article 40 For non-individuals because of illness or disability, at the request of those who are in this situation, or at the request of the management organs of the ocrotiri health care institutions or social, in which the netransportabili lies hospitalized, Chairman of the Department of electoral voting from Bureau designates a number of members that are moving with a special ballot boxes and voting material required at the spot where the cause in order to carry out the voting.


Article 41 (1) After the closing of the voting of the electoral Board Chairman of voting will proceed to the annulment of ballot papers and ballot boxes at the opening of the neîntrebuinţate in the presence of members of the Office and, where applicable, the persons accredited to participate in the referendum.
  

(2) the President will read aloud, at the opening of each bulletin, and will show the answer voted ballot papers of those present.
  

(3) shall be null and void ballots which bears the stamp of the voting section, reports a different model than the one legally approved, those who "voted" stamp was applied in both squares, or was not applied to any one of them. If the stamp exceeds the sides of the square, but the option is obvious, the bulletin will not be considered void.
  

(4) ballots void does not enter into the calculation of the votes validly cast.
  

(5) after completion of the counting of the votes will conclude a protocol to be signed by the Chairman and the other members of the Bureau and shall, not later than 24 hours, electoral constituency.
  


Article 42 (1) during voting operations and to open the ballot boxes and întâmpinări can be made with respect to these appeals.
  

(2) Appeals shall be formulated in writing and shall be submitted to the Chairman of the electoral board, which will release proof of receipt.
  

(3) the President of the electoral voting will decide without delay on the complaints whose solution do not suffer from delay.
  


Article 43 (1) for the national referendum results shall be drawn up in written form as examples of which are given in appendices. 2-4. (2) the result of the referendum shall be recorded in minutes which models are set out in annex No. 5 and 6.
  


Article 43 (1) ^ 1 minutes for the outcome of the referendum, together with ballots void and the challenged, formulated complaints and copies of voter's permanent and additional completed voter at the polling station, the election will be submitted to the Office of the President of the hierarchically superior electoral board of the Department, accompanied by 2 members of the Bureau, established by drawing lots , and military guard.
  

(2) the ballot papers used the neîntrebuinţate and cancelled stamps from the polling station shall be submitted to the Court toward archiving which is part of the administrative-territorial unit within the polling station.
  

(3) if the national referendum, the minutes prepared by the bureaus of polling stations abroad, accompanied by all the greetings and appeals regarding the operations of the electoral voting, are transmitted by electronic means to the electoral board for the polling stations abroad, by the diplomatic representations, within 24 hours of receipt. Accuracy of these reports is confirmed by the President or Deputy for electoral polling stations abroad, recording and stamped documents received. The minutes should be used in the centralization of the result of voting.
  


(4) the minutes drawn up by the County election offices, of the sectors of Bucharest, the electoral Office for the polling stations abroad, in the case of national referendums, accompanied by all the minutes of polling stations from subordinates, together with copies of voter's permanent electoral tables used, respectively, as well as unresolved, complaints will be submitted to the Central Electoral Bureau.
  

(5) Central Electoral Bureau shall forward copies of the electoral lists, namely the electoral tables used within the polling station Electoral Authority, they will check for possible multiple votes within 60 days from the date of the referendum. In the event that the Permanent Electoral Authority will ascertain the existence of persons who have exercised the vote several times, will refer the matter to the prosecution pursuant to the provisions of art. 387 of the penal code.
  

— — — — — — — — — — — —-. (5) article. 43 ^ 1 was amended by section 1 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
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Art. 43 ^ 1 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 103 of 30 September 2009, published in MONITORUL OFICIAL nr. 656 of 2 October 2009.


Article 44 the results centralised 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 votes, shall be null and void, with a military guard at the Constitutional Court, within 24 hours of the end of the collection.


Article 45 (1) the Constitutional Court shall submit to the Parliament a report on the observance of the procedure for organizing and conducting the national referendum and confirm its results.
  

(2) the law revising the Constitution or, where appropriate, dismissal from Office of the President of Romania entered into force following its publication in the Official Gazette of Romania, part I, of the decision of the Constitutional Court confirming the results of the referendum.
  

(3) the Constitutional Court shall publish the result of the referendum in the Official Gazette of Romania, part I, and in the press.
  


Article 46 (1) the prefect will oversee the Organization and conduct of the referendum, including deadlines for carrying out the activities provided for in this law.
  

(2) within 24 hours of receipt of the decision of the local Council or the County by which it determines the Organization of the referendum, the President will inform the local public administration Department of the Ministry of public function.
  


Article 47 of the Public Function Ministry will inform the Government about the outcome of the referendum.


Article 48 technical and organisational Measures relating to national referendum shall be determined by the Government within 10 days from the date on which the referendum has been announced.


Chapter V-Contraventions — — — — — — — — — the title of chapter V was amended by paragraph 2 of article 9. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 49 Constitute offences, in so far as, under the law, the following acts are criminal offences: a) inclusion, with good science, people in several election lists of the home; inclusion in the electoral roll fictitious persons or which have the right to vote;
  

b) refusal to comply to the provisions of the President's electoral polling regarding ensurance from voting and polling place nearby, according to the provisions of article 3. 33 para. (2) and (3);
  

c) unreasonably refusing to hand out the ballot and polling station stamp of the person entered in the list and showing identification, as well as the handing over of the ballot paper to a person who did not submit to this act;
  

d) leaving the premises of the polling station before setting the result of the referendum and signed the minutes of the election of the Bureau members of the polling station;
  

It's unjustified absence of the President), or of members of electoral offices, established under the provisions of this law, of their business activity.
  

f non-printing), to be used in the referendum, ballots.
  

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Lit. f) art. 49 was introduced by point 3 of article 1. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Offences referred to in article 50 art. 49 lit. a)-(d)) shall be imposed with a fine from 500 to 1,000 lei lei, and those referred to. e) and (f)), with a fine from 1,000 to 5,000 lei.
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Art. 50 was amended by paragraph 4 of art. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 51 (1) the finding of violations under article 4. 49 is done through minutes prepared by: a) police officers and enlisted, for the facts referred to. the-c)) and (f));
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 51 was amended by section 5 of art. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

b) President Office electoral district, for the Act referred to. d);
  

c) President, electoral board if its members, as well as the Chairman of the electoral board upwards, if Presidents bureaus hierarchically inferior.
  

(2) in the case of offences referred to in articles. 49 lit. d) and (e)), with the conclusion of the minutes will be applied to the claim agent and fine.
  

(3) the Offences referred to in articles. 49 are applicable to them and the provisions of law No. 32/68 *) relating to the establishment and sanctioning violations.
  

(4) the minutes of the offences mentioned in article 1. 49 lit. the-c)) and f) will be submitted to the Court in whose territorial RADIUS was committed that offence, which penalty will apply.
  

— — — — — — — — — — — —-. (4) article. 51 was amended by section 6 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 52 Repealed.
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Art. 52 was repealed by point 7 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 53 Repealed.
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Art. 53 was repealed by point 7 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 54 Repealed.
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Art. 54 was repealed by point 7 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 55 Repealed.
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Art. 55 was repealed by point 7 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 56 Repealed.
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Art. 56 was repealed by point 7 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 57 Repealed.
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Art. 57 was repealed by point 7 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 58 Repealed.
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Art. 58 was abrogated by point 7 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 59 the goods intended for, used or resulted from committing the offences mentioned in article 1. 49 lit. f) shall be forfeited.
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Art. 59 was amended by section 8 of article. 75 of law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 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 expenses for organization and holding of referendum supports as follows: a from the State budget), for national referendum;
  

b) the budget of the commune, town or County, as applicable, for the referendum which was organized at the local level.
  


Article 62 the provisions of cap. XII of the law. 68/1992 for the election of the Chamber of Deputies and the Senate and head. Vi of law No. 70/1991 concerning local elections properly apply, to the extent that this law does not provide otherwise.


Article 63 (1) this law enter into force 30 days after its publication in the Official Gazette of Romania, part I.
  

(2) on the same date shall repeal the Decree-Law nr. 29/1990 on the establishment of a national referendum, published in the Official Gazette of Romania, part I, no. 11 of 17 January 1990, as well as any other provisions to the contrary.
  

This law was adopted by the Chamber of deputies at its meeting on 26 October 1999, in compliance with the provisions of art. 74 para. (1) and of article 23. 145 of the Constitution of Romania.

PRESIDENT of the CHAMBER of DEPUTIES ION DIACONESCU this law was adopted by the Senate at its meeting on 8 February 2000, in compliance with the provisions of art. 74 para. (1) and of article 23. 145 of the Constitution of Romania.

SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS Annex 1A ROMANIA NEWSLETTER voting for National Referendum date. upon.

                                                        ┌──────┐
                                                        │ │
                                                        │ DA │
                                                        │ │
                                                        └──────┘

    Problema supusă referendumului .


                                                        ┌──────┐
                                                        │ │
                                                        │ NU │
                                                        │ │
                                                        └──────┘


Anexa 1B

                     ROMÂNIA

                   BULETIN DE VOT
pentru Referendumul local din data de .. asupra

                                                        ┌──────┐
                                                        │ │
                                                        │ DA │
                                                        │ │
                                                        └──────┘

    Problema supusă referendumului .

                                                        ┌──────┐
                                                        │ │
                                                        │ NU │
                                                        │ │
                                                        └──────┘


Anexa 2

Judeţul*) ..
The commune (town, municipality, Bucharest) the polling station No.
Report on the results of the national referendum.
1. The number of persons entered on the list for the referendum.
2. Number of participants *) 3. The number of ballots received to be used in. ..
4. The number of the remaining neîntrebuinţate ballots.
5. The number of valid votes cast to answer "Yes" 6. The number of valid votes cast to answer "no" to 7. The number of null votes.
8. the number of disputed votes.
9. The number of complaints received întâmpinărilor and. ..
10. The number of complaints settled întâmpinărilor and 11. The number of complaints lodged with the Office întâmpinărilor and electoral district.
12. short Exposure of the întâmpinărilor settlement and complaints.
The Chairman of the electoral board, Members:
(name, surname, signature and stamp) (name, surname and signature)
Date and. ..
— — — — — — — — *) Bucharest, where the polling station is part of this municipality.
*) Number of participants must be equal to the amount resulting from the additional digits in points 5, 6 and 7.
— — — — — — — — — — — — — Annex 2 was replaced with the annex 1 of the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 from July 5, 2012, in accordance with paragraph 7 of article. From the same normative act.


Annex 3 district electoral Office. ..
Report on the results of the national referendum on the 1. The number of persons entered on the list for the referendum. ..
2. Number of participants *).
3. The number of ballots received to be used 4. The number of remaining ballots neîntrebuinţate..
5. The number of valid votes cast to answer "Yes".
6. The number of valid votes cast to answer "no".
7. Number of votes void. ..
8. Number of votes challenged and. ..
9. The total number of complaints întâmpinărilor and. ..
10. The number întâmpinărilor and complaints resolved by the polling precinct 11. Brief exposition of how to settle complaints by the întâmpinărilor and polling precinct 12. The number of complaints lodged with the Office întâmpinărilor and electoral district s. ..
13. short Exposure of the întâmpinărilor settlement and complaints by the Office of the electoral district.
The Chairman of the electoral board, Members:
(name, surname, signature and stamp) (name, surname and signature)
Date and. ..
— — — — — — — — — *) number of participants must be equal to the amount resulting from the additional digits in points 5, 6 and 7.
— — — — — — — — — — — — — Annex 3 was replaced by Annex 2 of the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 from July 5, 2012, in accordance with paragraph 7 of article. From the same normative act.


Annex 4, the Central Electoral Bureau.
Report on the results of the national referendum on the 1. The number of persons entered on the list for the referendum 2. Number of participants *) 3. The number of ballots received to be used.
4. The number of remaining ballots neîntrebuinţate 5. The number of valid votes cast to answer "Yes.".
6. The number of valid votes cast to answer ' no '. ..
7. the number of null votes 8. The number of disputed votes 9. Total number of întâmpinărilor and appeals 10. Întâmpinărilor and number of complaints dealt with by the district electoral offices 11. Brief exposition of how to resolve the întâmpinărilor and appeals by district electoral offices 12. The number of complaints lodged with the întâmpinărilor and the Central Electoral Board.
13. short Exposure of the întâmpinărilor settlement and complaints by the Central Electoral Bureau a. ..
The Chairman of the electoral board, Members:
(name, surname, signature and stamp) (name, surname and signature)
Date and. ..
— — — — — — — — — *) number of participants must be equal to the amount resulting from the additional digits in points 5, 6 and 7.
— — — — — — — — — — — — — Annex 4 was replaced with the annex 3 of the EMERGENCY ORDINANCE nr. 41 of 5 July 2012, published in MONITORUL OFICIAL nr. 452 from July 5, 2012, in accordance with paragraph 7 of article. From the same normative act.


Annex 5.) County.
                                  The commune (town, municipality, cipiului muni-Bucharest).
                                  The polling station No.

                   Report on the results of the referendum over. ..

  1. The number of persons entered on the list for the referendum. ..
  2. Number of participants *).
  3. The number of ballots received to be used 4. The number of remaining ballots neîntrebuinţate..
  5. The number of valid votes cast to answer "Yes".
  6. The number of valid votes cast to answer "no".
  7. Number of votes void. ..
  8. Number of votes challenged and. ..
  9. The number of complaints received and întâmpinărilor 10. Întâmpinărilor and number of complaints resolved. ..
 11. short Exposure of the întâmpinărilor settlement and complaints. ..

      The Chairman of the electoral board, Members: (name, surname, signature and stamp) (name and signature) Data.

— — — — — — — — — — *) Bucharest, where the referendum will be organized at its level.
*) Number of participants must be equal to the amount resulting from additional figures in paragraphs 5, 6 and 7.


Annex 6 County *).
                                   The commune (town, municipality, cipiului muni-) Constituency. ..

                   Report on the results of the referendum on the 1. The number of persons entered on the list for the referendum. ..
  2. Number of participants *).
  3. The number of ballots received to be used 4. The number of remaining ballots neîntrebuinţate..
  5. The number of valid votes cast to answer "Yes".
  6. The number of valid votes cast to answer "no".
  7. Number of votes void. ..
  8. Number of votes challenged and. ..
  9. The number of complaints received and întâmpinărilor 10. Întâmpinărilor and number of complaints resolved. ..
 11. short Exposure of the întâmpinărilor settlement and complaints. ..

   The Chairman of the electoral board, Members: .
  (name, surname, signature and stamp) (name, surname and signature)

            Date and. ..

— — — — — — — — — — — — — — *) Bucharest, where the referendum will be organized at its level.
*) Number of participants must be equal to the amount resulting from additional figures in paragraphs 5, 6 and 7.

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