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Law No. 33 Of 16 January 2007 On The Organization Of Elections For The European Parliament

Original Language Title:  LEGE nr. 33 din 16 ianuarie 2007 privind organizarea şi desfăşurarea alegerilor pentru Parlamentul European

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LEGE no. 33 33 of 16 January 2007 (** republished) (* updated *) on the organisation and conduct of the European Parliament elections * *) ((updated until 13 February 2014 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to the provisions art. 80 80 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, giving the texts a new numbering. Law no. 33/2007 on the organization and conduct of elections for the European Parliament was published in the Official Gazette of Romania, Part I, no. 28 of 16 January 2007, and subsequently amended and supplemented by: - Government Emergency Ordinance no. 1/2007 on certain measures for the organization and conduct of elections for the European Parliament, published in the Official Gazette of Romania, Part I, no. 97 97 of 8 February 2007, rejected by Law no. 251/2009 , published in the Official Gazette of Romania, Part I, no. 462 462 of 3 July 2009; - Government Emergency Ordinance no. 8/2007 for amendment art. IV of Government Emergency Ordinance no. 1/2007 on certain measures for the organisation and conduct of elections for the European Parliament and art. 9 ^ 2 para. ((1) of Law no. 33/2007 on the organization and conduct of elections for the European Parliament, published in the Official Gazette of Romania, Part I, no. 134 134 of 23 February 2007, rejected by Law no. 290/2009 , published in the Official Gazette of Romania, Part I, no. 653 653 of 2 October 2009; - Government Emergency Ordinance no. 84/2007 to amend and supplement Law no. 33/2007 on the organisation and conduct of elections for the European Parliament, amending art. IV para. (6) of Government Emergency Ordinance no. 1/2007 on certain measures for the organisation and conduct of elections for the European Parliament and for art. 3 of Government Emergency Ordinance no. 15/2007 on certain measures regarding the election of members from Romania to the European Parliament in 2007, published in the Official Gazette of Romania, Part I, no. 602 602 of 31 August 2007, approved by Law no. 339/2009 , published in the Official Gazette of Romania, Part I, no. 781 781 of 16 November 2009; - Government Emergency Ordinance no. 11/2009 to amend and supplement Law no. 33/2007 on the organization and conduct of elections for the European Parliament, published in the Official Gazette of Romania, Part I, no. 134 of 4 March 2009, approved with amendments by Law no. 303/2009 , published in the Official Gazette of Romania, Part I, no. 676 676 of 8 October 2009; - Government Emergency Ordinance no. 55/2009 to amend and supplement Law no. 33/2007 on the organization and conduct of elections for the European Parliament, published in the Official Gazette of Romania, Part I, no. 380 of 4 June 2009, approved by Law no. 316/2009 , published in the Official Gazette of Romania, Part I, no. 692 692 of 14 October 2009. + Chapter I General provisions General provisions + Article 1 (1) The present law establishes the general legal framework for the organization and conduct of the election of members from Romania to the (2) Members of Romania in the European Parliament shall be elected by universal, equal, direct, secret and freely expressed suffrage, under the conditions of this Law. (3) The mandate of the members of Romania in the European Parliament is 5 years. + Article 2 For the purposes of this law, the Member State of origin means the State whose nationality the citizen of the European Union, other than Romania, has. + Article 3 Romania's representation in the European Parliament is made according to art. 9 9 and 24 of the Act concerning the conditions of accession and the adjustments to the Treaties on which the European Union is founded in the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of The Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, The Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania on the accession of the Republic of Bulgaria and Romania to the European Union, signed by Romania in Luxembourg on 25 April 2005 2005, ratified by Law no. 157/2005 . + Article 4 (1) Members from Romania to the European Parliament shall be elected on the basis of the list, according to the principle of proportional representation, and on the basis of independent applications. (2) For the election of members from Romania to the European Parliament, the territory of Romania constitutes a single electoral district. + Article 5 (1) The Community voter means any citizen of a Member State of the European Union, other than Romania, who has the right to choose in Romania for the European Parliament, having his domicile or residence in Romania, in accordance with provisions of this law (2) By voter a national is understood any citizen of Romania, with domicile or residence in the country or abroad, who has the right to choose the members of Romania in the European Parliament in accordance with the provisions of this law. (3) The Community eligible person means any citizen of a Member State of the European Union who has the right to be elected to the European Parliament, having his domicile or residence in Romania, in accordance with the provisions of this Law. (4) For the purposes of this law, the reference day means the voting day for the members of Romania in the European Parliament. (5) Romanian citizens who are 18 years of age, fulfilled until the reference day inclusive, have the right to choose members from Romania to the European Parliament. (6) They do not have the right to vote on debilies and mental alienations put under prohibition and persons who, on the reference day, are sentenced by final court decision to the loss of electoral rights. (7) Romanian citizens who have the right to vote and have fulfilled, until the reference day inclusive, the age of 23 have the right to be elected to the European Parliament. ((8) Provisions of para. (5)-(7) shall also apply to Romanian citizens who have their domicile or residence abroad and have the right to vote in accordance with the provisions of this law. ((9) Citizens of the Member States of the European Union within the meaning of Article 17 17 para. (1) of the Treaty establishing the European Community, with subsequent amendments and completions, which reside or reside on the territory of Romania, have the right to vote and to be elected as members of Romania in the European Parliament, in the same conditions as well as Romanian citizens, subject to the requirements of this law. (10) For the election of members from Romania to the European Parliament, both the national voter and the Community voter are entitled to one vote. + Article 6 (1) For the purposes of this Law, the electoral period shall mean the time period starting on the date of the public knowledge of the reference day and ending with the publication in the Official Gazette of Romania, Part I, of the result elections; the electoral period includes the time between the date of bringing to the public knowledge of the reference day and the starting date of the electoral campaign, the electoral campaign, the actual conduct of voting, counting and centralization vote, determining the result of voting, assignment of mandates, validation of elections and publication of the election result in the Romanian Official Gazette, Part I. (2) For the purposes of this law, an identity document issued by the Romanian state, namely the identity card, the provisional identity card, the identity card or the diplomatic passport, the diplomatic passport electronic, service passport, electronic service passport, simple passport, simple electronic passport, temporary simple passport, and in the case of students from military schools, military service card. (3) Simple passport, simple electronic passport and temporary simple passport can be used to exercise the right to vote only by Romanian citizens abroad or by Romanian citizens domiciled abroad. + Article 7 (1) Political parties, political alliances and citizens ' organizations belonging to national minorities may associate with each other only at national level, on the basis of protocol, constituting an electoral alliance, in order to participate in elections for members of Romania in the European Parliament. A political party, a political alliance or an organization of citizens belonging to national minorities can only be part of a single electoral alliance. The electoral alliance that participated in the previous elections, regardless of their type, under a name can only keep it if it has not changed its original component. That name may also not be used by another alliance. (2) The protocol establishing the electoral alliance shall be submitted to the Central Electoral Office within 48 hours of its establishment. (3) The Central Electoral Office shall speak at the public sitting on the admission or rejection of the protocol establishing the electoral alliance within 24 hours of its registration. (4) The decision of the Central Electoral Office for the admission of the protocol establishing the electoral alliance can be challenged by any natural or legal person interested in the High Court of Cassation and Justice, within 24 hours of the display. (5) The decision of the Central Electoral Bureau to reject the protocol establishing the electoral alliance can be challenged by the signatories of the protocol to the High Court of Cassation and Justice, within 24 hours of the display. (6) The High Court of Cassation and Justice shall rule on the appeals provided in par. ((4) and (5) within 24 hours of the registration of the appeal, by final decision *) ---------- * *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012. (7) Political parties, political alliances and citizens ' organizations belonging to national minorities that constituted an electoral alliance may propose candidates only from the electoral alliance. (8) The protocol establishing an electoral alliance, which was accepted by decision of the Central Electoral Bureau and which remained final, as a result of non-testing or as a result of the delivery of the High Court of Cassation and Justice, may be abolished only by agreement of the signatory parties to the protocol establishing the electoral alliance. (9) The agreement to abolish the protocol establishing an electoral alliance shall be submitted to the Central Electoral Office at least 4 days before the deadline for submitting applications. ((10) Provisions of para. ((3)-(6) shall apply accordingly in the case of the agreement to abolish the protocol establishing an electoral alliance. (11) In case of abolition of the protocol establishing an electoral alliance after the deadline for the submission of electoral signs, the members of the disbanded electoral alliance shall participate in elections without electoral sign. (12) The other provisions of this law relating to political alliances shall also apply accordingly to electoral alliances. + Article 8 (1) Romanian citizens belonging to the following categories: judges of the Constitutional Court, lawyers of the people, magistrates, active members of the army, police and other categories of civil servants, including those with special status, established by organic law, cannot be elected as members from Romania to the European Parliament. (2) Community eligible persons belonging to categories similar to those referred to in par. (1), in the states whose citizens are, cannot be elected as members from Romania to the European Parliament. + Article 9 (1) Without prejudice to the incompatibilities provided for in the 1976 Act concerning the election of members of the European Parliament by direct universal suffrage, as amended, the membership of the European Parliament shall be incompatible with the quality of deputy or senator in the Romanian Parliament, member of the Romanian Government, with the functions provided in art. 81 81 and 82 of book I Title IV Head. III section 2 of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignity, public and business functions, the prevention and sanctioning of corruption, with subsequent amendments and completions, or with equivalent functions in Member States of the European Union ((2) Within 30 days from the date of validation of the outcome of the elections to the European Parliament, persons in the situation of incompatibility must opt between the mandate of the European parliamentarian and the function generating the incompatibility, resigning from one of these functions. (3) After the expiry of the term provided in par (2), if there is or continues to be a case of incompatibility with the functions provided in art. 81 81 and 82 of book I Title IV Head. III section 2 of Law no. 161/2003 , with subsequent amendments and completions, persons in incompatibility are considered to be resigned as a European parliamentarian. The resignation is found by decision of the Permanent Electoral Authority, which is published in the Official Gazette of Romania, Part I, and is communicated to the European Parliament. (4) The National Integrity Agency finds the cases of incompatibility between the mandate of the European parliamentarian and the functions provided in par. (1) and communicate them to the Permanent Electoral Authority within 15 days of the finding. (5) After the case, the Permanent Electoral Authority shall notify the European Parliament of the incompatibility cases provided by art. 7 7 para. (1) and (2) of the 1976 Act, in which the members of Romania are found in the European Parliament, or find, according to par. (3), the resignation of persons in incompatibility. ((6) No later than 15 days after the validation of the mandates, the members of Romania in the European Parliament are obliged to declare their wealth and interests at the National Integrity Agency, using the forms provided by the annex to Law no. 115/1996 for the declaration and control of the wealth of dignitaries, magistrates, persons with management and control positions and civil servants, with subsequent amendments and completions, and the Annex to Government Decision no. 506/2003 on the establishment of the Register model of declarations of interests, as amended. Declarations of assets and interests shall be displayed on the website of the National Integrity Agency and shall be updated annually. (7) The Permanent Electoral Authority shall carry out the necessary formalities to accept the declared candidates elected to the European Parliament. (8) Except in the cases provided for in par. (3) The finding of termination of the European Parliament's mandate shall be made in accordance with the 1976 Act and the Rules of Procedure of the European Parliament. + Article 10 (1) The reference day is Sunday. Bringing to the public knowledge of the reference day is made at least 90 days before, by publishing in the Official Gazette of Romania, Part I, the Government's decision on the establishment of the reference day. (. The reference day shall be fixed within the period determined for that purpose by the Council of the European Union. + Chapter II Exercising the right to vote and being elected as a member of Romania in the European Parliament Exercising the right to vote and being elected as a member of Romania in the European Parliament + Article 11 (1) Permanent electoral lists shall be drawn up, printed and updated according to 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. (2) The provisions of Law no. 35/2008 , with subsequent amendments and completions, regarding the meetings and appeals against omissions, wrong entries and any errors in the lists shall apply accordingly. ((3) The copies of the permanent electoral lists shall be drawn up, printed and made available to the electoral bureaus of the polling stations, according to Law no. 35/2008 , with subsequent amendments and completions. ----------- Article 11 has been amended by section 1. 1 1 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. + Article 12 (1) At the latest 60 days before the reference day, citizens with the right to vote of the Member States of the European Union, other than Romania, who have their domicile or residence in Romania may make applications for registration in the special electoral lists. These applications shall be submitted in writing to the mayor of the locality of domicile or residence, accompanied by a copy of a valid identity document. (2) The special electoral lists include the name and surname of the community voter, the citizenship and the address to which the community voter lives in Romania. (3) The model and content of the application shall be established by the Government, by decision *), at the proposal of the Ministry of Administration and Interior and of the Permanent Electoral Authority. The application constitutes a public act and is subject to art. 292 of the Criminal Code. ---------- * *) See Government Decision no. 220/2009 for the approval of the application of the application for registration in the special electoral lists, which shall be made by the Community voter, as well as the model of the affidavit, which shall be submitted by the Community eligible person in the elections for members of Romania in the European Parliament, published in the Official Gazette of Romania, Part I, no. 146 146 of 9 March 2009. (4) For the purposes of this Law, the valid identity document of the Community voter or of the person eligible for the Community shall mean any document issued by the Member State of which the citizen is the holder, other than Romania, and which is considered identity document in the issuing state. ((5) The Mayor shall communicate to the applicant the answer on request within 10 days from the date of its registration. (6) The special electoral lists shall be signed by the mayor and the secretary of the administrative-territorial unit. A copy of the special electoral lists shall be kept by the mayor and the other shall be handed over to the court in whose territorial area the respective administrative-territorial unit is located. (7) Community voters shall remain registered in the special electoral lists until they request the deletion from these lists or until they are removed because they no longer meet the conditions for exercising the right to choose. The removal of community voters from the special electoral lists is carried out by the mayor. (8) The meetings regarding the refusal of registration, omissions, wrong entries and any other errors in the special electoral lists shall be made in writing to the mayor of the administrative-territorial unit, which shall be obliged to settle them no later than 3 days from the record. ((9) Appeals with regard to the settlement of the greetings shall be submitted in writing, within 5 days from the communication, to the court in whose territorial area the citizen of the Member State of the European Union is domiciled or residing, other than Romania, and shall be settled by it no later than 3 days after registration. (10) At the latest 30 days before the reference day, the mayors shall transmit to the Permanent Electoral Authority, in order to fulfill the attribution provided in art. 15, children from applications for registration in special electoral lists accompanied by copies of identity documents. (11) The mayor carries out children from the special electoral lists, which include the community voters from each polling station. Two days before the reference day, the mayor teaches two copies of the children on the special electoral lists, based on minutes, electoral bureaus of polling stations. One copy shall be made available to the voters for consultation and the other shall be used on the reference day. A copy of the copy shall be kept by the mayor. ((12) The children on the special electoral lists shall be signed by the mayor and the secretary of the administrative-territorial unit. ((13) The children on the special electoral lists include the name and surname of the community voter, the citizenship, the address to which the community voter lives in Romania, according to the application under which the community voter was registered in the lists special election, polling station number and a column intended for the voter's signature. (14) Any discrepancy between the special electoral list and the copy on it shall be settled by the mayor immediately, by disposition, on the basis of the data contained in the special electoral list. ((15) The mayor shall communicate, in writing, immediately to the electoral bureau of the polling station and to the Permanent Electoral Authority any modification in the special electoral list, after the handover of the copy to the electoral bureau of the polling station. + Article 13 (1) National voters who on the day of reference are in a locality other than their domicile can exercise their right to vote at any polling station, being registered by the president of the electoral bureau of the polling station in the lists additional election. (2) Members of the electoral bureau of the polling station and persons responsible for maintaining order shall vote at the polling station where they operate and are registered in supplementary electoral lists. ((3) National voters who on the day of reference are abroad shall vote at any polling station organized abroad and shall be registered in supplementary electoral lists. ((4) Voters who exercise their right to vote by means of the special ballot box shall be entered in supplementary electoral lists. (5) In the supplementary electoral lists, the voters who show up to vote and prove with the identity document that they reside in the territorial area of the respective polling station, but were omitted from the permanent electoral list or from copy of this existence at the polling station. (6) Provisions of para. ((1)-(4) shall apply accordingly to Community voters. + Article 14 (1) The proposal for a candidacy or the application for admission of the independent candidate of the citizen of a Member State of the European Union, other than Romania, must be accompanied, in addition to the documents provided for in art. 16 16 or art. 17, as the case may be, of a self-declaration stating the following: a) nationality, date and place of birth, last address in the home Member State, home address or residence in Romania; b) that he is no longer running for the European Parliament elections in another Member State of the European Union; c) that it has not been deprived of the right to be elected to the home Member State on the basis of an individual judgment or an administrative decision, provided that the latter is subject to appeal; d) the local community or the constituency of the state whose citizen is where he was last entered in the electoral list. ----------- Alin. ((1) of art. 14 14 has been amended by section 2 2 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. (2) The declaration provided in par. ((1) is subject to art. 326 326 of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions. ----------- Alin. ((2) of art. 14 14 has been amended by section 2 2 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. (3) Provisions art. 16 16 and 17 shall apply accordingly. (4) The model of the declaration provided in paragraph ((1) lit. a) is established by the Government, by decision *), at the proposal of the Ministry of Administration and Interior and of the Permanent Electoral Authority. (5) Within 24 hours from the admission of the application of the Community eligible person, the Central Electoral Office shall transmit to the Permanent Electoral Authority a copy of its application file. + Article 15 (1) The Permanent Electoral Authority shall notify the authorities with similar responsibilities in the other Member States of the European Union: a) the information contained in the applications for registration in the special electoral lists of the community voters, no later than 20 days before the reference day; b) the information in the self-declarations provided in art. 14 14 para. ((1), no later than 24 hours from the date of their receipt from the Central Electoral Office, in order to verify the candidate's eligibility. ----------- Alin. ((1) of art. 15 15 has been amended by section 3 3 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. (2) The Permanent Electoral Authority shall respond to requests for verification of the eligibility of Romanian citizens who submitted their applications in the Member State of residence, within a maximum of 5 working days from the date of receipt of the application or in a shorter term if possible and if so requested by the State of residence. ----------- Alin. ((2) of art. 15 15 has been amended by section 3 3 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. ((3) Necomunication of the response to the notification provided in par. ((1) lit. b), within the period provided in art. 19 19 para. ((2), cannot attract the rejection of the application of the Community eligible person. ----------- Alin. ((3) of art. 15 15 has been amended by section 3 3 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. ((4) Where the Permanent Electoral Authority is informed, by an authority with similar responsibilities in another Member State of the European Union, that an eligible Community person has lost the right to be elected or that it shall also apply in the Member State of origin, namely that a Romanian citizen has been entered in the electoral lists of the Member State of residence, shall take the measures provided for by law to: a) preventing the exercise of the right to be elected at the same elections both in the home Member State and in Romania, preventing the exercise of the right to be elected by persons who have been prohibited from exercising this right, as well as to prevent the exercise of the mandate by persons who have run without the right to be elected; b) the deletion from the copy of the permanent electoral list of Romanian voters registered in the electoral lists of another Member State of the European Union. ----------- Alin. ((4) of art. 15 15 has been amended by section 3 3 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. (5) The Permanent Electoral Authority shall communicate to the electoral bodies or competent authorities, as the case may be, the information received from the authorities with similar responsibilities in the other Member States of the European Union nationals and Community eligible persons, for the purposes of applying paragraph 1. ((4), no later than 48 hours after the date of their receipt. ----------- Alin. ((5) of art. 15 15 has been amended by section 3 3 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. (6) The Permanent Electoral Authority is the only public authority in Romania that can exchange information on electoral rights of Romanian citizens and other European Union member states with the authorities with responsibilities similar to other Member States of the European Union. (7) The Romanian public authorities have the obligation to support the Permanent Electoral Authority in carrying out the tasks provided in par. ((1)-(6). + Article 16 (1) It may propose lists of candidates only political parties, political alliances and organizations of citizens belonging to legally constituted national minorities, as well as electoral alliances constituted under the conditions of this law. The lists of candidates for the election of members from Romania to the European Parliament shall be submitted to the Central Electoral Office, no later than 60 days before the reference day. ((2) The lists of candidates shall be submitted in writing, in 4 copies-an original copy and 3 copies-shall be signed by the management of the political party, the organization of citizens belonging to national minorities, political alliance or electoral alliance or by persons expressly empowered to sign and include their name, surname, surname of their parents, place and date of birth, nationality, address, political affiliation, occupation and profession of candidates. ((3) The candidates proposed by a political party, a political or electoral alliance must be part of the respective political party or, as the case may be, from a political party, a member of that alliance. (4) In order to be registered with the Central Electoral Office, the lists of candidates proposed by political parties, organizations of citizens belonging to national minorities, political alliances or electoral alliances must be accompanied by a list of at least 200,000 supporters. The list of supporters shall be submitted in one (. The list of candidates shall be accompanied by the following documents: a) a copy of the list of supporters b) copy of the identity document of each candidate; c) the declarations of acceptance of the application, drawn up in 4 copies; the declaration of acceptance of the candidacy is signed and dated personally by the candidate and includes the name, surname, surname of the parents, place and date of birth, citizenship, address, the political affiliation, occupation and profession of the candidate, express consent to run, as well as specifying the fulfilment of all the conditions provided by law to run; d) declarations of assets and interests of the candidates set out in the Annex to Law no. 115/1996 ,, as amended and supplemented, and by the Annex to the Government Decision no. 506/2003 , as amended, completed and signed by the candidates, drawn up in two copies; e) self-declarations of candidates in the sense that they have had or not the quality of workers of the Securitate or its collaborators, the model of which is set out in the Annex to Government Emergency Ordinance no. 24/2008 on access to your own file and the disclosure of Security, approved with amendments and additions by Law no. 293/2008 , drawn up in two copies. (6) The declarations of assets and interests of the candidates shall be published on the website of the Central Electoral Office, within 48 hours of the final stay of the candidates. The self-declarations of candidates in the sense that they have had or not the quality of workers of the Securitate or its collaborators are submitted, within 24 hours of registration, to the National Council for the Study Security Archives. (7) Two copies of the list of candidates and declarations of acceptance of the candidacy, certified by the President of the Central Electoral Office by signature and application of the stamp, shall be returned to the depositor, who has the obligation to submit a copy of each to the Bucharest Court. (8) The lists of candidates for the election of members from Romania to the European Parliament shall be drawn up to ensure the representation of both sexes. (9) The number of candidates on each list may be no more than 10 higher than the number of mandates to which Romania is entitled in the European Parliament. (10) Each political party, organization of citizens belonging to national minorities, political alliance or electoral alliance participating in the elections to the European Parliament under the present law may submit only one list of candidates. (11) Failure to comply with par. (8) attracts the invalidity of the list of candidates Nullity is found by decision of the Central Electoral Bureau. + Article 17 (1) He may run as an independent Romanian citizen or citizen of another Member State of the European Union who has the right to be elected and is supported by at least 100,000 voters. The application for admission of independent candidacy shall be submitted to the Central Electoral Office, in 4 copies, accompanied by a copy of the list of supporters, at least 60 days before the reference day. (2) The application for admission of independent candidacy includes the name, surname, surname of the parents, nationality, domicile, place and date of birth, occupation and profession of the candidate, as well as his signature. (3) Provisions art. 16 16 para. ((5) and (6) shall apply accordingly. Two copies of the proposal for independent candidacy, certified by the President of the Central Electoral Office by signature and application of the stamp, shall be returned to the depositor, who has the obligation to submit a copy to the Bucharest Court. (4) No lists of independent candidates can be submitted. Independent candidates are not allowed on the lists of candidates submitted by political parties, political alliances or electoral alliances. Independent applications of members of political parties, political alliances, electoral alliances or citizens ' organizations belonging to national minorities shall not be admitted. + Article 18 (1) A voter may support a single political party, political alliance, electoral alliance, organization of citizens belonging to national minorities or independent candidate. (2) The list of supporters constitutes a public act, under the sanction provided by art. 292 of the Criminal Code. At the end of the list, the person who prepared it is obliged to make a declaration on his own responsibility, stating the veracity of the signatures of the supporters. The model of the list of supporters and that of the affidavit are established by decision *) of the Government. ---------- * *) See Government Decision no. 77/2007 on the model of the list of voters who support political parties, citizens ' organizations belonging to national minorities, political alliances or electoral alliances, as well as that of the list of voters who support the independent candidate elections for members of Romania in the European Parliament, published in the Official Gazette of Romania, Part I, no. 99 of 8 February 2007, corrected in the Official Gazette of Romania, Part I, no. 100 100 of 9 February 2007. + Article 19 (1) The Central Electoral Office shall verify the fulfilment of the substantive and form conditions provided by this law for applications, shall admit the applications that meet these conditions or reject the applications that do not meet the legal conditions. (2) Admission or rejection of applications by the Central Electoral Office shall be made by decision, within 10 days from their registration. ----------- Alin. ((2) of art. 19 19 has been amended by section 4 4 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. (3) The Central Electoral Office shall draw up the minutes from which the date and time of the admission decisions are displayed or, as the case may be, to reject the application. ((4) Candidates may waive applications until the date of final stay of applications. To this end, they declare in writing on their own responsibility that they give up their candidacy. The declaration is submitted to the Central Electoral Office (5) Political parties, citizens ' organizations belonging to national minorities and political or electoral alliances may withdraw applications from the list and submit other proposals to complete the list of candidates by the deadline of submission of applications. The withdrawal of applications shall be made by a written request signed by the same persons who sign the lists of initial candidates. (6) In the event of a waiver of the candidacy or death of a candidate after the deadline for submission of applications, political parties, organizations of citizens belonging to national minorities and political or electoral alliances have not possibility of replacing the candidate. (7) A person may accept only one application. If a person is running the same election for the European Parliament several times, the proposals for his candidacy are null and void. Nullity is found by decision of the Central Electoral Bureau. + Article 20 (1) Within 24 hours of registration, the Central Electoral Office shall publicly inform the lists of candidates and independent applications it received, by display at its headquarters, at the headquarters of the county electoral bureaus, of the electoral bureaus of the sectors of Bucharest and at the headquarters of the electoral bureau for polling stations abroad, as well as through the Romanian Television Society and the Romanian Radio Broadcasting Society. (2) Until the end of 45 days before the reference day, national voters, community voters, political parties, citizens ' organizations belonging to national minorities, political alliances and electoral alliances may contest Applications. (3) Appeals regarding the admission or rejection of applications shall be submitted in writing to the Bucharest Court and shall be settled by him no later than two days after registration. (4) The decision may appeal, within 24 hours of delivery, to the Bucharest Court of Appeal. The appeal shall be resolved within two days of registration. Judgment is final. *) ---------- * *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012. (5) Within 24 hours from the expiry of the deadlines provided in par. (2)-(4), the Central Electoral Bureau finds, on the basis of minutes, the final stay of applications and communicates to electoral bureaus the lists of candidates and independent candidates registered, in the order resulting from the application appropriate provisions Law no. 373/2004 **), with subsequent amendments and completions. ---------- ** **) Law no. 373/2004 to elect the Chamber of Deputies and the Senate, published in the Official Gazette of Romania, Part I, no. 887 of 29 September 2004, as amended and supplemented, was repealed by art. 76 76 of 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, published in the Official Gazette of Romania, Part I, no. 196 196 of 13 March 2008, with subsequent amendments and completions. (6) In order to establish the number of orders on the ballots of political parties, organizations of citizens belonging to national minorities, political alliances and electoral alliances that submitted lists of candidates, as well as candidates independent, shall be done as follows: a) in the first stage, the lists of candidates of political parties, of the organizations of citizens belonging to national minorities, of political alliances and electoral alliances among them, which have members in the European Parliament, are registered in the patrols of the ballot in the order resulting from the draw made by the President of the Central Electoral Bureau; the list of the first party, the first political alliance, the first electoral alliance, the first organization of citizens belonging national minorities extracted/extracted from the urn shall be printed in the quadrilateral number of order 1; the list of the second political party, the second political alliance, the second electoral alliance, the second organization of citizens belonging to the national minorities extracted/extracted is printed in the quadrilateral . Printing continues until the lists of candidates of all political parties, political alliances, electoral alliances, as well as of citizens ' organizations belonging to national minorities continue; b) in the second stage, the lists of political parties, political alliances and electoral alliances, as well as of the organizations of citizens belonging to legally constituted national minorities that do not have members in the European Parliament shall be printed in the following quadrangles of the ballot, in the order resulting from the draw made by the President of the Central Electoral Bureau. + Article 21 (1) For the organization and conduct of operations specific to the electoral period, the Central Electoral Bureau, the county electoral bureaus, the electoral office for polling stations abroad, the electoral bureaus of the Bucharest municipality and electoral bureaus of polling stations. (2) The electoral bureaus shall be composed only of citizens entitled to vote. Candidates in elections, husband, wife, relatives and their afinii to the second degree including may not be members of the electoral bureaus. (3) In carrying out their duties, the members of the electoral bureaus shall exercise a function involving the state authority. The correct and impartial exercise of the office of member of the electoral office is mandatory. Failure to comply with this obligation entails legal, civil or criminal liability, as appropriate. (4) No one may at the same time be a member of two or more electoral bureaus. (5) The minutes drawn up on the occasion of the establishment and completion of electoral bureaus shall attest to the membership of the electoral bureau. + Article 22 (1) The county electoral bureaus, the electoral bureau for polling stations abroad, the electoral bureaus of the Bucharest sectors and the electoral bureaus of the polling stations work in the presence of the majority of their members and adopt decisions with a majority vote of the members (2) The Central Electoral Office shall work in the presence of the majority of its members and shall adopt decisions and decisions with the vote of (3) In the event of equal votes, the vote of the President shall be decisive. + Article 23 ((1) Representatives of political parties, organizations of citizens belonging to national minorities, political or electoral alliances among them in electoral bureaus cannot receive and cannot exercise other tasks outside those provided by this law. ((2) Representatives of political parties, organizations of citizens belonging to national minorities, political or electoral alliances among them in electoral offices can be replaced, at the request of those who proposed them, with the approval higher hierarchical electoral office, until the presence of voting, and in case of death, illness or accidents, even on the reference day, in compliance, as the case may be, with the conditions provided in art. 24, 26, 28 and 29. (3) The membership of an electoral office shall be terminated by law if the prosecution has been ordered for the commission of a crime provided for by this law. The finding of the termination of the membership of an electoral office is made, within 48 hours after the intervention of the case, by the president of the superior hierarchical electoral office, and in the case of the Central Electoral Office, by President of the High Court of Cassation and Justice. Provisions of paragraph ((2) shall apply accordingly. + Chapter III Organisation and conduct of elections Organisation and conduct of elections + Article 24 (1) The Central Electoral Bureau is composed of 5 judges of the High Court of Cassation and Justice, the President and vice-presidents of the Permanent Electoral Authority and no more than 10 representatives of political parties, citizens ' organizations belonging to national minorities, political or electoral alliances between them participating in the elections. (2) The appointment of the 5 judges shall be made by the President of the High Court of Cassation and Justice, in public session, within 5 days from the public knowledge of the reference day, by drawing lots, of the acting judges of the Court. The date of the public drawing session shall be announced in writing, two days before, by the President of the High Court of Cassation and Justice, political parties and organizations of citizens belonging to national minorities who have members of the European Parliament and shall be made public by the media. (3) A representative, designated as such, of each political party and of every organization of citizens belonging to national minorities who has members of the Parliament, shall be entitled to participate in the organization and conduct of the draw. European. The result of the draw is recorded in a minutes, signed by the president and the first-magistrate-assistant of the High Court of Cassation and Justice. (4) Within 24 hours of the investiture, the appointed judges shall choose from among them, by secret ballot, the chairman of the Central Electoral Office and its deputy. Within 24 hours of the election of the President of the Central Electoral Bureau, the Central Electoral Bureau shall enter the chairman and deputy chairpersons of the Permanent Electoral Authority, as well as one representative of each political party and of every citizen's organisation belonging to national minorities which have members in the European Parliament. The Permanent Electoral Authority communicates to the President of the Central Electoral Office, as soon as it was elected, the list of political parties and citizens ' organizations belonging to national minorities that have members in the European (5) The establishment of the Central Electoral Office shall be recorded in a report that represents the act of investiture. In this composition, the Central Electoral Office performs all its duties according to this law. (6) Within two days from the final stay of applications, each political party, organization of citizens belonging to national minorities, political or electoral alliance between them participating in elections and which has no members The European Parliament shall communicate in writing to the Central Electoral Bureau the name and surname of their representative. Communications submitted after that period shall no longer be taken into account. The completion of the Central Electoral Office with the proposed representatives shall be made by drawing lots, within 24 hours from the expiry of the deadline in which the communications are made, by the President of the Central Electoral Office, in the presence of the members of the office and persons delegated by political parties, citizens ' organizations belonging to national minorities, political alliances and electoral alliances among them who communicated the representatives. + Article 25 (1) The Central Electoral Office has the following tasks: a) ensure the application and unitary interpretation of the provisions of this law; ensure the publication in the Official Gazette of Romania, Part I, of the list including the electoral names and signs of political parties, political alliances, alliances electoral and organizations of citizens belonging to legally constituted national minorities, who have the right to participate in elections; b) ascertains the fulfilment of the substantive and form conditions provided by this law for applications; c) communicate to the county electoral bureaus, sector electoral bureaus and electoral bureau for polling stations abroad the applications admitted and make them known through public radio and television services; d) solve the welcome regarding his/her own activity and appeals regarding the activity of the county electoral bureaus, the electoral bureaus of the sectors of Bucharest and the electoral bureau for the polling stations in abroad; appeals are resolved by decisions that are binding on the electoral office concerned, as well as for the public authorities and institutions to which they refer, under the sanctions provided for by this law; if for the resolution of a meeting or appeals is necessary in fact checks, they are carried out in the presence of a judge of the Central Electoral Office; such checks cannot be made on the reference day; e) ascertains, on the basis of communications received from the lower hierarchical electoral offices, whether there are political parties, political alliances, electoral alliances and organizations of citizens belonging to national minorities who met the threshold electoral provided in art. 51 51 para. ((1) and independent candidates who have met the electoral coefficient provided for in art. 51 51 para. (2) and shall release, within 24 hours from the finding, the list of political parties, political alliances, electoral alliances and organizations of citizens belonging to national minorities who met the electoral threshold and candidates independents who have met the electoral coefficient; f) receives from the county electoral offices, the electoral bureaus of the sectors and from the electoral office for polling stations abroad the minutes provided in art. 50; centralizes the valid votes cast for each political party, political alliance, electoral alliance, organization of citizens belonging to national minorities and independent candidate who meets the condition provided in lett. e) and ensures the distribution and assignment of mandates; g) annuls the outcome of the elections if it finds that voting or determining the outcome of the elections took place by frauds of a nature to modify the attribution of mandates and order the repetition of the vote in the polling stations where it was found fraud; h) may order the recount of votes in a polling station or the restoration of the centralization of votes and the result of elections in a county, sector or polling stations abroad, if it finds, on the basis of evidence administered, that errors were committed or inconsistencies were recorded between the data recorded in the verbale; i) organizes and implements a system of data collection and regular information of public opinion on the presence of the voting population, based on a representative sample at county and national level; j) transmit to the Permanent Electoral Authority, after the publication of the results of the elections in the Official Gazette of Romania, Part I, the materials necessary for the drafting of the White Paper (2) The Central Electoral Office shall perform any other duties provided for by this Law. (3) The request for annulment of elections for electoral fraud can be made only by political parties, citizens ' organizations belonging to national minorities, political or electoral alliances among them, who participated in elections, as well as independent candidates. The application shall be submitted to the Central Electoral Office no later than 24 hours after the end of the voting, under penalty of forfeiture. The application must be thoroughly motivated and accompanied by the evidence on which it is based. Lack of evidence attracts rejection of demand The application may be granted only if it has been such as to amend the attribution of the mandates. The resolution of the request for cancellation of elections by the Central Electoral Office must be made no later than 48 hours after registration. No later than 10 days after the date of admission of the request for annulment of the elections, a new election is organized in the polling stations where electoral fraud was found. The county electoral office, the district electoral office of the city of Bucharest or the electoral office for polling stations abroad and local public authorities or, as the case may be, the Ministry of Foreign Affairs will ensure the smooth new election. It will take place only in the polling stations where the fraud was found, based on the electoral lists used and with the proper application of the provisions of this law. Electoral operations on vote counting and the finding of results shall be suspended until the new results are achieved. (4) After settling the requests for annulment of elections for electoral fraud and centralizing the result of elections, the Central Electoral Office validates the elections and ensures the publication of their result in the Official Gazette of Romania, Within 48 hours of the publication of the election result in the Official Gazette of Romania, Part I, the Central Electoral Bureau ceases its activity. (5) In the exercise of their duties under the provisions of this law, the Central Electoral Bureau shall adopt decisions and decisions. The decisions of the Central Electoral Bureau are given for the unitary interpretation of this law and are generally binding. Decisions of the Central Electoral Bureau are given for the unitary application of the provisions of this law, as well as in the resolution of the meetings and appeals that are within its competence. 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 electoral matters. Decisions shall be made known by display and by any means of advertising, and decisions shall be published in the Official Gazette of Romania, Part I. + Article 26 (1) The county electoral office or the district of Bucharest municipality shall consist of 3 judges, a representative of the Permanent Electoral Authority designated by the latter by decision and of no more than 10 representatives of political parties, citizens ' organisations belonging to national minorities, political or electoral alliances between them participating in the elections. (2) The appointment of the judges shall be made in public session, 60 days before the reference day, by the president of the tribunal, by drawing lots, of the acting judges thereof, or in the case of the electoral office of the sector Bucharest, among the acting judges of the district court. The date of the meeting is brought to public attention, through the press, by the president of the tribunal, at least 24 hours before. The draw is made on positions, president and deputy, and is recorded in a minutes signed by the president of the tribunal, which constitutes the act of investiture. The county electoral office or the Bucharest municipality sector thus constituted performs all its duties according to this law, to be completed within 24 hours with the representative of the Permanent Electoral Authority. (3) At the latest 15 days before the reference day, the county electoral office or the Bucharest municipality sector shall be completed with one representative of each political party, of each organization of citizens belonging to the national minorities, political or electoral alliances that have members in the European Parliament and participate in elections. Until this date, political parties, citizens ' organizations belonging to national minorities, political or electoral alliances among them that participate in elections and have members in the European Parliament have the obligation to transmit the name and the first name of their representative office of the county electoral office or of the city Communications submitted after that period shall no longer be taken into account. (4) Within 5 days from the expiry of the term provided by par. (3) the office shall be completed with one representative of each political party, of each organization of citizens belonging to national minorities, political or electoral alliances between them participating in elections and not has members in the European Parliament by the President of the Office, by drawing lots in the presence of the members of the office and of the persons delegated by the political parties, the citizens ' organisations belonging to the the electoral alliances that communicated the representatives. Until this date, political parties, citizens ' organizations belonging to national minorities, political or electoral alliances between them participating in elections and not having members in the European Parliament have an obligation to transmit the county electoral office or the Bucharest municipality sector the name and surname of their representatives. Communications submitted after that period shall no longer be taken into account. + Article 27 (1) The county electoral offices or the sectors of Bucharest municipality have the following tasks: a) follow and ensure the unitary application and compliance with the provisions of this law by all authorities, institutions and bodies with electoral responsibilities within the county or sector of the city of Bucharest; together with the prefects, the training of the chairmen of the electoral bureaus of the polling stations and their deputies; b) resolve the encounterments regarding their own activity and appeals regarding the operations of electoral bureaus of polling stations; appeals are resolved by decisions that are binding on the electoral office concerned, such as and to the public authorities and institutions to which it refers, under the sanctions provided for by this Law; c) watch over the organization of polling stations in advance; distribute, on the basis of minutes, together with the mayors, the ballots, the control stamps, the stamps with the mention "VOTED" and the other materials necessary for the electoral process electoral bureaus of polling stations; d) based on the table submitted by the Permanent Electoral Authority, which includes the community voters registered in the special electoral lists, confirms, at the request of the electoral bureaus of the polling stations in their territorial area, that the voters communitarians who are to vote according to art. 13 are registered in the special electoral lists; e) totals the valid votes cast for each candidate list and each independent candidate and communicates the results of the Central Electoral Office in order to establish the electoral threshold; f) centralizes the results of the counting of votes for the county or sector of the city of Bucharest in which the Central Electoral Office operates and forwards the minutes provided by 50, the minutes received from the electoral bureaus of the polling stations, the files including the electoral lists used in the polling stations, bent on polling stations and on types of lists, as well as all the meetings and the appeals received; g) I teach, on the basis of minutes, to the county courts, respectively to the Bucharest Tribunal null and contested ballots, as well as the other documents and materials held, which are not handed over to the Central Electoral Office. (2) The county electoral bureaus and electoral bureaus of the sectors of Bucharest municipality shall perform any other tasks under this law. ((3) The decisions of the county electoral office or of the Bucharest municipality sector shall be made public by display or by any other means of advertising. (4) If it finds inconsistencies between the data contained in the minutes received from the electoral bureaus of the polling stations, the county electoral office or the Bucharest municipality sector, electoral of the polling station to make the necessary corrections, to be attested by the signature and by the application of the control stamp of the polling station. + Article 28 (1) The electoral bureau for polling stations abroad consists of 3 sitting judges of the Bucharest Tribunal, a representative of the Permanent Electoral Authority designated by this decision and no more than 10 representatives of the political parties, political alliances, electoral alliances or citizens ' organizations belonging to national minorities participating in elections. (2) Provisions art. 26 26 para. ((2)-(4) shall apply accordingly. (3) The electoral bureau for polling stations abroad has the following tasks: a) ensure the timely organization of polling stations abroad, monitor and ensure uniform application and compliance with the legal provisions regarding elections by all authorities, institutions and bodies with responsibilities in electoral matters for the organization of elections abroad; ensures the training of the chairmen of electoral bureaus of polling stations and their deputies; b) resolve the encounterments regarding their own activity and appeals regarding the operations of electoral bureaus of polling stations abroad; appeals are resolved by decisions that are binding on the electoral bureau in question, as well as for the public authorities and institutions to which it relates, under the sanctions provided for by this Law; c) distribute to the electoral bureaus of polling stations abroad, through the Ministry of Foreign Affairs, on the basis of minutes, ballots, control stamps, stamps with the mention "VOTED", as well as the other necessary materials electoral process; d) no later than 5 days before the reference day, receives from the Permanent Electoral Authority the table containing the Romanian citizens exercising their right to vote in the elections to the European Parliament in another Member State of the Union European, as well as the table comprising the community voters registered in the special electoral lists that they transmit, through the Ministry of Foreign Affairs, to the electoral bureaus of polling stations abroad; e) totals the number of valid votes cast for each list of candidates and independent candidates, which they communicate to the Central Electoral Bureau in order to establish the electoral threshold; f) centralizes the results of elections in polling stations abroad and submits to the Central Electoral Office the minutes provided by art. 50, the minutes received from the electoral bureaus of the polling stations, as well as all the meetings and appeals. (4) The electoral bureau for polling stations abroad shall perform any other tasks assigned to it according to the law. ((. Decisions shall be made public by display or by any other means of advertising. (6) If it finds inconsistencies between the data contained in the minutes received from the polling stations organized abroad, the electoral office for polling stations abroad requests the president of the electoral bureau of the polling station to make the necessary corrections, to attest to them by signature and by applying the control stamp of the polling station. Art. 49 49 para. ((9) shall apply accordingly. + Article 29 (1) The electoral bureaus of the polling stations shall be composed of a president, a deputy of the latter, who are usually magistrates or other jurists, as well as 7 representatives of political parties, organizations of citizens belonging to national minorities, political or electoral alliances between them participating in the elections. Electoral bureaus of polling stations cannot operate with fewer than 5 members. (2) The appointment of the chairmen of the electoral bureaus of the polling stations and their deputies shall be made no more than 10 days before the reference day, by the president of the tribunal, in the public meeting announced 48 hours before, by drawing lots, on positions, between magistrates or other jurists existing in the county or in Bucharest. (3) The lists of magistrates who will participate in the draw shall be drawn up by the president of the tribunal, and those of other jurists, by the prefect, together with the president of the tribunal, no later than 30 days before the day of reference. The lists will include a number of people higher than at least 10% than necessary, which are reserved at the disposal of the president of the tribunal, for the replacement, in special cases, of the holders. (4) In the lists provided in par. (3) only jurists who do not have political affiliation will be passed and meet the conditions provided by art. 21 21 para. ((2). (5) If the number of jurists is insufficient, the list will be completed, on the proposal of the prefect, with other persons with a good reputation in the locality, who are not part of any political party and of any organization of citizens belonging to national minorities who participate in the elections and who are not relatives up to the fourth degree with any of the candidates. (6) The list proposed by the prefect will include a number of persons with at least 10% more than necessary, which is available to the president of the tribunal. The list will contain: the names, surnames, addresses, phones and acceptance signatures of the proposed persons. The list will be accompanied by self-declarations of the proposed persons regarding the fulfilment of the conditions provided in par. ((4). (7) The proposals of persons from the list drawn up by the president of the tribunal and those from the lists drawn up by the prefect must be endorsed by the Permanent Electoral Authority, based on the evaluation of the activity carried out in the previous their type, as chairmen of the electoral bureaus of the polling stations and their deputies, where appropriate. The lists are submitted for approval to the Permanent Electoral Authority, by the prefects, in the format requested by it. The opinion of the Permanent Electoral Authority shall be communicated to the prefects and presidents of the courts no later than 5 days before the appointment of the chairpersons of the electoral bureaus of the polling stations and their deputies. (8) The grouping in the list of persons for the drawing of lots shall be made in view of the need for the dwellings of these persons to be located near the headquarters of the electoral bureau of the polling station. The result of the draw is recorded in a report signed by the president of the county court. The minutes constitute the investiture act. (9) No later than 48 hours after the draw, the President of the Tribunal shall transmit to the county electoral office or, as the case may be, the sector electoral bureaus the list of persons designated as chairpersons of the electoral bureaus of polling stations Their deputies. (10) Not later than two days after the expiry of the term provided in par. (9), political parties, organizations of citizens belonging to national minorities, political or electoral alliances between them participating in elections are obliged to communicate to the county electoral office, respectively to the electoral office of sector, in the case of the city of Bucharest, the list of their representatives in the electoral bureaus of polling stations, in the form of a table containing the following: the residence and the method of contact, respectively the telephone number, the fax or the address of email. A political party, an organization of citizens belonging to national minorities, a political or electoral alliance among them that participate in elections can have in an electoral office of a polling station no more than 3 representatives. ((11) The completion of electoral bureaus of polling stations with representatives of political parties, organizations of citizens belonging to national minorities, political or electoral alliances between them is made by the president of the office county electoral, respectively by the president of the electoral bureau of the city sector of Bucharest, in the presence of representatives of political parties, citizens ' organizations belonging to national minorities, political of these in the county electoral office or in the electoral office of the respective sector, within 48 hours after the expiry of the period provided for in paragraph 1 ((10). The operations to complete the electoral bureaus of polling stations can take place on both days and are recorded in the minutes that constitute the investiture documents. Electoral bureaus of polling stations shall be considered as constituted on the date of their completion with representatives of political parties, organizations of citizens belonging to national minorities and political or electoral alliances among them. (12) The order to complete the electoral bureaus of polling stations is as follows: a) in the first stage, the electoral bureaus of polling stations shall be completed with one representative proposed by each political party, organization of citizens belonging to national minorities, political or electoral alliance between them which participate in elections and has members in the European Parliament; b) in the second stage, the electoral bureaus of polling stations shall be completed with one representative proposed by each political party, organization of citizens belonging to national minorities, political or electoral alliance between them which participate in elections and does not have members in the European Parliament; the appointment of their representatives is made according to the order established at the completion of the county electoral office or the Bucharest c) if, according to the order established at the completion of the county electoral office, a political party among those provided in lett. a) or b) has the right to a representative in an electoral office, but for that electoral office did not propose any representative, when completing the respective electoral office, the political party between those provided in lit. a) or b) immediately following, which proposed a representative for that office. (13) If, following the performance of the operations provided in par. (12), there are electoral bureaus of polling stations that could not be completed with the maximum number of members provided by par. (1), their completion shall be as follows: a) the order of completion shall be established by drawing lots of all political parties, organizations of citizens belonging to national minorities, political or electoral alliances between them participating in elections and having proposed representatives in the electoral bureaus of polling stations; b) each electoral office that could not be completed with the maximum number of members shall be completed, in the order established according to lit. a), with one person representing the second option of the political party for the respective electoral office; if, according to the order provided in lett. a), a political party has the right to a representative in an electoral office, but for that electoral office does not have a second option, when completing the respective electoral office, the political party immediately following that has a second option for that office; c) if there are still electoral bureaus of polling stations that could not be completed with the maximum number of members, the operation provided in lett. b) is repeated with persons representing the third option for the respective electoral bureaus. (14) If, following the performance of the operations referred to in par. (13), there are also electoral bureaus of polling stations that do not have at least 5 members, respectively president, deputy and 3 members, they are to be completed with persons from the list proposed by the prefect, provided in par. ((5) and (6). (15) At the written request of the delegates of political parties, organizations of citizens belonging to national minorities, political or electoral alliances among them, who have appointed representatives in the electoral bureaus of polling stations, the president of the county electoral office or, as the case may be, of the electoral bureau of the sector shall provide them with certified copies of the minutes of completion of the electoral bureaus of the polling stations. (16) Within two days from the expiry of the deadline for completing the electoral bureaus of polling stations, the president of the county electoral office or, as the case may be, of the electoral office of the sector shall communicate to mayors, through the prefects, the composition of electoral bureaus of polling stations within the territorial area of their localities. + Article 30 (1) The electoral bureaus of the polling stations abroad shall be made up of a president, appointed by the head of the diplomatic mission, as a rule within it, and a number between 2 and 6 members established by the president of the electoral bureau for polling stations abroad, from a list drawn up by the Ministry of Foreign Affairs, no later than 30 days before the reference day, on the proposal of political parties, organizations of citizens belonging to minorities national, political or electoral alliances between them participating in the elections and which have members in the European Parliament. If the number of persons proposed by them is insufficient, the list is completed by the Ministry of Foreign Affairs with other persons with a good reputation and without political affiliation. The list is submitted for approval to the Permanent Electoral Authority by the Ministry of Foreign Affairs, in the format requested by it. The opinion of the Permanent Electoral Authority shall be communicated to the Ministry of Foreign Affairs no later than 5 days before the appointment of the chairpersons of the electoral bureaus of the polling stations and their deputies. (2) All expenses related to transport, accommodation, meals and other current expenses of members of electoral bureaus of polling stations abroad shall be borne by those who designate them. + Article 31 (1) The electoral bureaus of polling stations shall have the following tasks: a) receive from mayors, on the basis of minutes, two days before the reference day, two children from the permanent electoral lists and two children from the special electoral lists, which include the voters of the polling station; each type of list is made available to voters for consultation and a copy is used on the reference day; b) receive, on the basis of minutes, from the mayors the ballots, the control stamp and the stamps with the mention "VOTED", the forms for the conclusion of the minutes, other printed and material necessary to carry out the electoral process, such as and a cancelled ballot, as the case may be, by the president of the county electoral office, the Bucharest municipality sector or the electoral office for polling stations abroad, which they will display at the polling station headquarters in a visible place, in the day before the elections; electoral bureaus of the sections voting abroad receive these materials through the Ministry of Foreign Affairs; c) conduct the voting operations, take all the order measures at the polling station and around it; d) count the votes and record the voting results; e) resolve the encounterments regarding their own activity; f) I hand over to the county electoral bureaus or, as the case may be, to the electoral office of the minutes sector comprising the voting results, null and contested ballots, together with the meetings, appeals and materials to which they refers, as well as the files including the electoral lists used in the polling station, filed by types of lists; the electoral bureaus of the polling stations abroad teach the minutes including the voting results, null and contested ballots, together with the greetings, appeals and the materials to which they refer, through the Ministry of Foreign Affairs, to the electoral bureau for polling stations abroad or, if it has ceased its activity, to the Bucharest Tribunal; the electoral lists used in the polling stations abroad, bent on polling stations and by types of lists, are handed over to the Permanent Electoral Authority by the Ministry of Foreign Affairs; g) I teach, on the basis of minutes, the representative of the court in whose territorial area they are based and who are at the headquarters of the county electoral office or, as the case may be, at the headquarters of the sector electoral office unchallenged, as well as those cancelled, stamps and other materials used in the conduct of voting; electoral bureaus of polling stations abroad submit these materials to diplomatic representations, which, within 3 months of at the publication of the election result in the Romanian Official Gazette, Part I, For the purpose of melting by specialised economic operators; h) provides, on the reference day, data on the presence of the voting population, according to a program established by the Central Electoral Bureau. (2) The electoral bureaus of the polling stations shall perform any other duties incumbent upon them according to the law. (3) After teaching, the materials provided in par. ((1) lit. a) and b) shall be sealed by the chairmen of the electoral bureaus of the polling stations and shall be kept, until their transport to the premises of the polling stations, under guard, in a single space provided by the mayor of the unit administrative-territorial in which they operate. In the case of polling stations abroad, after receipt, the materials provided in lett. b) shall be sealed by the chairmen of the electoral bureaus of the polling stations and shall be kept, until their transport to the premises of the polling stations, in a single space provided by the head of the diplomatic representation in the state Respectively. + Article 32 (1) Political parties, citizens ' organizations belonging to national minorities, political or electoral alliances among them, as well as independent candidates may contest the training and composition of electoral bureaus, no later than 48 years. hours after the expiry of the term of establishment or, as the case may be, of completing these offices. (2) Appeals shall be submitted to the superior hierarchical electoral office or, if the appeal relates to the Central Electoral Office, to the High Court of Cassation and Justice and shall be resolved by them no later than two days after the registration. The decision of the superior hierarchical electoral office or, as the case may be, the judgment delivered by the High Court of Cassation and Justice is final ---------- * *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012. + Article 33 County electoral bureaus, district electoral offices, electoral office for polling stations abroad and electoral bureaus of polling stations cease their activity after the date of handover to hierarchical electoral offices superior to the minutes of recording and centralizing the voting results, which they have drawn up, provided that the lack of any errors or inconsistencies in them are confirmed. + Article 34 (1) On the national territory, electoral operations shall be conducted in the polling stations organized according to Law no. 35/2008 , with subsequent amendments and completions. ----------- Alin. ((1) of art. 34 34 has been amended by section 5 5 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. ((2) Abrogat. ----------- Alin. ((2) of art. 34 34 has been repealed by section 6.6. 6 6 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. ((3) Abrogat. ----------- Alin. ((3) of art. 34 34 has been repealed by section 6.6. 6 6 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. ((4) Abrogat. ----------- Alin. ((4) of art. 34 34 has been repealed by section 6.6. 6 6 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. ((5) Abrogat. ----------- Alin. ((5) of art. 34 34 has been repealed by section 6.6. 6 6 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. ((6) Abrogat. ----------- Alin. ((6) of art. 34 34 has been repealed by section 6.6. 6 6 of art. IV of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. (7) In addition to the diplomatic missions and consular offices of Romania one or more polling stations are organized for voters who are abroad on the reference day. (8) Outside the polling stations provided in par. (7), may be organized, with the consent of the government of that country, polling stations and localities other than those in which the diplomatic missions or consular offices are based. (9) The appointment of polling stations abroad shall be determined by the Minister of Foreign Affairs by order. Within the period provided in par. (5), the Minister of Foreign Affairs brings to the public attention the numbering of each polling station abroad, as well as the places of voting. (10) The premises of the polling stations referred to in par. (7) and (8) shall be organized and equipped by the Ministry of Foreign Affairs. To this end, the Ministry of Public Finance shall allocate the necessary + Article 35 (1) The electoral campaign shall begin 30 days before the reference day and end on the morning of Saturday preceding the reference day at 7.00. (2) In the electoral campaign candidates, political parties, political alliances and electoral alliances, citizens ' organizations belonging to national minorities participating in elections, as well as citizens have the right to express their opinions free and without any discrimination, through rallies, gatherings, marches, as well as through the media. The organization of rallies, assemblies and marches can be done only with the authorizations provided by the legislation in force. (3) The means used in the electoral campaign cannot contravene the law order. (4) In military units, in educational establishments, during the educational program, in the premises of diplomatic representations, as well as in prisons, electoral campaign actions of any type are prohibited. (5) During the electoral campaign the mayors assure candidates, in a non-discriminatory manner, appropriate spaces to meet with voters. + Article 36 (1) The electoral campaign, through the services of audiovisual programs, public and private, must serve the following general interests: a) of the electorate-to receive correct information, so that they can exercise their right to vote in the knowledge of the cause; b) of political parties, political alliances, electoral alliances, citizens ' organizations belonging to national minorities participating in elections and independent candidates-to make themselves known and to present their platforms, political programmes and electoral offers; c) of broadcasters-to exercise their rights and responsibilities arising from the profession of journalist. (2) Public and private broadcasters are obliged to ensure, within the audiovisual program services, to conduct a fair, balanced and fair electoral campaign for all political parties, political alliances, alliances electoral, citizens ' organizations belonging to national minorities participating in elections, as well as for independent candidates. + Article 37 (1) During the electoral period, in the case of presentation of opinion polls with electoral content, they must be accompanied by the following information: a) the name of the institution that carried out b) the date or time period during which the survey was conducted and the methodology used; c) sample size and maximum margin of error; d) who requested and who paid the survey. (2) The television or surveys taken on the street among the electorate shall not be presented as representative for public opinion or for a particular social or ethnic group. (3) 48 hours before the reference day it is forbidden to present opinion polls, televots or investigations made on the street. (4) Opinion surveys may be conducted at the exit from the polls institutes of polling of public opinion or companies or non-governmental organizations that are in the object of activity conducting opinion polls and which are accredited by The Central Electoral Office, by decision, in this regard. Their survey operators have access, based on the accreditation of the institution for which they work, in the area of protection of the polling station, provided for in art. 45 45 para. ((6), without having access inside the polling station premises. (5) On the day of voting, it is forbidden to present polls taken at the exit from the polls, before the end of voting. + Article 38 (1) Political parties, political alliances, electoral alliances, citizens ' organizations belonging to national minorities participating in elections, as well as independent candidates are required to request, until the date of final stay of applications, the management of public radio and television services for the granting of antenna times. Requests beyond this deadline shall not be taken into account. ((2) Access of political parties, political alliances, electoral alliances and organizations of citizens belonging to national minorities participating in elections, as well as independent candidates for public radio and television services is free. Private radio and television stations will practice the same rate on the show and on the time unit for all political parties, political alliances, electoral alliances, citizens ' organizations belonging to national minorities participating at the elections, and the antenna times offered to them must be proportionate to those practiced by public posts. Failure to comply with the provisions of this paragraph by private radio and television stations shall entail their sanction. The sanctions are established by decisions of the National Audiovisual Council. (3) It is forbidden to introduce electoral advertising spots in broadcasts other than electoral ones. (4) Within 48 hours after the final stay of applications, the Romanian Radio Broadcasting Society and the Romanian Television Society establish, on the basis of the communication made by the Central Electoral Office, the schedule for the electoral campaign and distribution of antenna times for the access of political parties, organizations of citizens belonging to national minorities, political alliances, electoral alliances and independent candidates for public radio and television services, Having regard to the following share of the allocated antenna times: a) 4/5 of the antenna times are distributed equally to political parties, to the organizations of citizens belonging to national minorities who have members in the European Parliament and who participate in elections, as well as to political or electoral alliances of these; b) 1/5 of the antenna times are distributed equally to political parties, political alliances, electoral alliances, citizens ' organizations belonging to national minorities that do not have members in the European Parliament participating in elections, as well as independent candidates. + Article 39 Within 30 days from the establishment of the reference day, the National Audiovisual Council establishes, by decision, the rules of conduct through the audiovisual programs services of the electoral campaign for the election of members of Romania in the European Parliament. + Article 40 (1) Mayors are obliged after the deadline for submitting applications, but until the start of the electoral campaign, to establish, by provision, special places for the electoral display, in which to place electoral billboards, holding The number of political parties, citizens ' organizations belonging to national minorities, political or electoral alliances between them participating in elections, as well as independent candidates. At the same time, the mayor's disposition is made public by display at the town hall. (2) Special places for display must be established in public places frequented by citizens, so that participants in elections can use them without embarrassing traffic on public roads and other activities in the localities That. In advance, the mayors are obliged to ensure the removal from the public space of any electoral propaganda materials left over from the previous electoral campaigns. ((3) The use of special places for electoral display is allowed only for political parties, citizens ' organizations belonging to national minorities, political or electoral alliances between them participating in elections, as well as for independent candidates. (4) It is forbidden to use by political party, political alliance, electoral alliance, organization of citizens belonging to national minorities participating in elections or independent candidate of special places for electoral display so as to prevent their use by another political party, political alliance, electoral alliance, organization of citizens belonging to national minorities participating in elections or by another independent candidate. (5) The electoral display is allowed in places other than those established according to par. (2) only with the written consent of the owners or, as the case may be, of the holders and only with the taking of the measures imposed by the legislation in force to ensure (6) On an electoral panel each political party, political alliance, electoral alliance, organization of citizens belonging to a national minority participating in elections under the present law or independent candidate may apply a single electoral poster. An electoral poster located in the places provided in par. ((1) may not exceed the dimensions of 500 mm one side and 300 mm the other side, and the one by which an electoral meeting is convened, 400 mm one side and 250 mm the other side. (7) Electoral posters combining colors in a succession reproducing the flag of Romania or another state are prohibited. (8) It is prohibited to display for electoral purposes by applying on the walls or pillars supporting bridges, tunnels, viaducts, on road signs, orientation and road information panels, as well as on electronic regulatory systems. of circulation. (9) Electoral propaganda activities cannot affect in any way green spaces, nature reserves and ecological protected areas. (10) The use of minors under the age of 16 for the distribution or placement of electoral propaganda materials is prohibited. (11) After the end of the electoral campaign, the dissemination of electoral messages in audio, visual or mixed format on digital screens located in public or private places, as well as through specially arranged vehicles, shall be prohibited. (12) The mayor, with the support of public order bodies, is obliged to ensure the integrity of the panels, electoral posters and other electoral propaganda materials located in authorized places. (13) Local councils may approve the installation on the public domain by candidates, political parties, political alliances and electoral alliances of provisional arrangements for the purpose of distributing electoral propaganda materials, if by Their location shall not be placed on road or pedestrian traffic restrictions. (14) The electoral campaign may take place in a state other than Romania only in compliance with the legislation in force of that state. + Article 41 (1) The county electoral bureaus, the electoral bureaus of the sectors of Bucharest and the electoral office for the polling stations abroad shall ensure the correct conduct of the electoral campaign, resolving, by decisions, the complaints they are directed at preventing a political party, a political alliance, an electoral alliance or an organization of citizens belonging to a national minority participating in elections or an independent candidate to conduct the electoral campaign under the conditions provided by law (2) If the county electoral bureaus, the electoral bureaus of the sectors and the electoral bureau for polling stations abroad consider, on the occasion of the resolution of the complaint, that administrative measures or the application of some Contravention or criminal sanctions, notify the competent authorities. (3) Against the decisions of the county electoral bureaus, the district electoral bureaus and the electoral bureau for polling stations abroad can be challenged at the Central Electoral Office, no later than 48 hours after the to them. The decisions given over the appeals are final. (4) The resolution of complaints and appeals shall be made within 3 days of their registration. (5) Appeals made within the legal period against decisions adopted by the county electoral bureaus, district electoral bureaus and electoral bureau for polling stations abroad shall suspend their execution. (6) Decisions adopted by the county electoral bureaus, district electoral bureaus and the electoral office for polling stations abroad shall become enforceable from the dates on which the deadlines for their appeal expire. + Article 42 (1) The model, dimensions and printing conditions of the ballots shall be established by Government decision, within 5 days from the establishment of the reference day, at the proposal of the Permanent Electoral Authority and of the Ministry of Administration and the Interior. (2) The voting bulletins shall be printed in letters of the same size and the same characters and with the same ink in so many copies as many voters are registered in the permanent and special electoral lists, with a supplement of 10%. The printing of ballot papers shall be provided by the Ministry of Administration and the Interior, which shall reply that all required ballots shall be printed at least 10 days before the reference day. The ballots are ticking. (3) At least 15 days before the reference day, the layout of the ballot shall be submitted by the Ministry of Administration and Interior to the members of the Central Electoral Bureau. The presentation of the ballot paper is invited and delegates of political parties, political alliances, electoral alliances and citizens ' organizations belonging to national minorities who participate in elections and do not have representatives in The Central Electoral Office as well as independent candidates. The operation to present the ballot shall be recorded in a report that shall be signed by all persons present. Any objections shall be made on the spot, with subsequent objections not being taken into account. Members of the Central Electoral Bureau and empowered delegates have the right to request the Ministry of Administration and the Interior to modify the layout and correct printing of ballots, if the candidates ' names, the electoral sign, the name political parties, political alliances, electoral alliances or citizens ' organizations belonging to national minorities are incorrectly printed or not visible. (4) At the written request of political parties, political alliances, electoral alliances, organizations of citizens belonging to national minorities participating in elections or independent candidates, the Central Electoral Office shall issue, for each, a ballot, targeted and cancelled by its president. + Article 43 (1) Electoral signs shall be established and communicated to the Central Electoral Office by each political party, political alliance, electoral alliance or organization of citizens belonging to national minorities participating in elections, as well as independent candidates, at least 60 days before the reference day. Electoral signs cannot be contrary to the rule of law. (2) The electoral signs communicated to the Central Electoral Office must be clearly distinguished from each other, being forbidden to use the same graphic symbols, whatever the geometric figure in which they are framed. Parties and political alliances can use as a sign the permanent sign with which they registered with the Bucharest Court. (3) The electoral signs cannot reproduce or combine the national symbols of the Romanian state, of other states, of the European Union, of international bodies or religious cults. Except for political parties that are members of international political organizations, they can use the sign of the respective organization as such or in a specific combination. (4) The electoral sign used by a political party, political alliance, electoral alliance, organization of citizens belonging to a national minority, legally registered since 1990, belongs to him by right if he used it first, respectively the first, and cannot be appropriated or used by another political party, political alliance, electoral alliance, organization of citizens belonging to a national minority subsequently registered or by an independent candidate except with the consent of those to whom it belonged, respectively of the parties that made up the political alliance or initial electoral alliance. (5) If the same electoral sign is requested by several political parties, political alliances, electoral alliances, organizations of citizens belonging to national minorities participating in elections or independent candidates, assigning will benefit the political party, the political alliance, the electoral alliance, the citizens ' organization belonging to the national minority or the independent candidate who registered the first, respectively the first, the sign. (6) Within 24 hours after the expiry of the term provided by par. (1), the Central Electoral Office shall admit, by decision, the electoral signs that meet the conditions provided by par. ((1)-(5) and reject, by decision, the electoral signs that do not meet these conditions. (7) Appeals regarding the admission or rejection of electoral signs shall be submitted, in writing, to the Bucharest Court, no later than 24 hours after the expiry of the term provided in par. ((6), and shall be settled by him no later than two days after the registration of the appeal. The decision is final and is communicated to the objectors and the Central Electoral Bureau, no later than 24 hours. *) ---------- * *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012. (8) The Central Electoral Office shall ensure the public knowledge of the electoral signs admitted the day after the expiry of the term provided in par. ((6) or, as the case may be, the term provided in par. (7), by publishing on its own website and in the Official Gazette of Romania, Part I. (9) The political alliance or electoral alliance that participated in the previous elections under a name can only preserve it if it has not changed its original component or if none of the political parties that have left the alliance declare that it is not agreed that the said name should be kept by that alliance in its new form. Also, that name cannot be used by another political alliance or electoral alliance. (10) Political parties, citizens ' organizations belonging to national minorities, political alliances, electoral alliances and independent candidates can participate in elections without electoral sign. + Article 44 (1) Confectionation of the stamps of the county electoral bureaus, of the electoral bureaus of the sectors of Bucharest municipality and of the electoral bureaus of polling stations shall be carried out through the care of The making of the stamp of the electoral office for the polling stations abroad and the stamps of the electoral bureaus of the polling stations abroad is carried out through the care of the Ministry of Foreign Affairs. (2) The stamp of the Central Electoral Office and the stamps with the mention "VOTED" shall be made by the Ministry of Administration and Interior. (3) The voting bulletins, the control stamps and the stamps with the mention "VOTED", the forms for the conclusion of the minutes, the copies on the electoral lists, the forms of supplementary electoral lists and the other materials necessary to carry out the electoral process shall be taken by the prefect, together with the chairman of the county or sector electoral office, on the basis of minutes, and shall be kept in special rooms, locked and sealed. These materials are distributed, through mayors, to the presidents of the electoral bureaus of polling stations, on the basis of minutes, at the latest two days before the elections. For polling stations abroad, the takeover and handover of these materials are made, on the basis of minutes, by the president of the electoral office for polling stations abroad, with the support of the Ministry of Foreign Affairs. (4) The provision and distribution of ballots shall be made in sealed packages of 100 pieces or multiple of 100 pieces, on the basis of minutes. (5) In the presence of elections, a ballot shall be displayed at the headquarters of each polling station, targeted and cancelled, as the case may be, by the president of the county electoral office, the Bucharest municipality sector or the electoral bureau for polling stations from abroad. + Article 45 (1) Each local polling station must possess a sufficient number of ballot boxes, cabins, stamps with the mention "VOTED", proportional to the number of voters registered in the copies of the permanent and special electoral lists and with the number estimated voters who will be enrolled in the supplementary voter rolls as well as a special ballot box. (2) The cabins and ballot boxes must be placed in the same room where the electoral office of the polling station is located. The cabins and ballot boxes shall be ensured by the mayors of the communes, towns, municipalities and administrative-territorial subdivisions of the municipalities, together with the prefects. (3) The chairman of the electoral bureau of the polling station together with its members must be present at the polling station, on the eve of the reference day, at 18.00, being obliged to order the necessary measures to ensure order and correctness of voting operations. The chairman of the electoral bureau of the polling station has the removal of electoral propaganda materials of any type from and from the polling station. (4) The President will order the fixing of the guard posts around the voting place. (5) On the reference day, the activity of the electoral bureau of the polling station begins at 6.00. The chairman of the electoral bureau of the polling station, in the presence of the other members and, as the case may be, of the observers, shall check the ballot boxes, electoral lists, ballots and stamps, recording in the minutes provided in art. 49 the number of persons registered in the copies of permanent electoral lists, copies of special electoral lists, as well as the number of stamps with the mention "VOTED". As it opens the sealed packages, the president ensures the application of the control stamp on the last page of each ballot in them. After the end of these operations, the President shall close and seal the ballot box by applying the control stamp. (6) The president of the electoral bureau of the polling station is obliged to take the necessary measures for the elections to proceed in good conditions. His duties, in this regard, also extend outside the polling place, in his yard, in the entrances to the yard, around the voting place, as well as on the streets and in public squares up to a distance of 500 m. (7) The measures ordered by the chairman of the electoral bureau of the polling station shall be brought to public attention by visible display. (8) The administrative measures ordered by the electoral offices regarding the electoral display shall be carried out by the mayor of the administrative-territorial unit, as soon as they have been communicated to him. (9) In order to maintain order, the chairman of the electoral bureau of the polling station shall have the necessary means of order, provided by the mayor and the prefect, together with the representatives of the Ministry of Administration and (10) Apart from the members of the electoral bureau of the polling station, candidates and observers, no other person can be stationed in public places in the polling area or in the voting place more than the time required for voting. (11) During voting, members of electoral bureaus shall be prohibited, persons responsible for maintaining order and persons accredited to wear badges, badges or other means of electoral propaganda. (12) On the day of voting, between 7.00-21.00 are prohibited the marketing and consumption of alcoholic beverages in the protection space of the polling station provided in par. ((6). (13) For polling stations abroad, the provisions of this Article shall apply, where appropriate, to taking into account the specific conditions for their organisation. + Article 46 (1) Voting begins at 7.00 and ends at 21.00. At the premises of the polling stations, the voting time is displayed in a visible place. ((2) Voters may vote at the polling station where they are registered in the copy of the permanent electoral list or in the copy of the special electoral list or at any other polling station, under the conditions provided by art. 13. (3) The access of voters to the voting hall takes place in series corresponding to the number of offices The national voter and the community voter shall present the identity document, namely the identity document of the electoral bureau of the polling station. The chairman of the electoral bureau of the polling station or the member designated by him shall verify that the voter is registered in the copy of the permanent electoral list or on the special electoral list, after which the voter signs in the list at the position intended. On the basis of the signature in the copy of the permanent electoral list or on the special electoral list, the chairman or member of the electoral bureau of the polling station appointed by him shall entrust the voter with the ballot and the stamp with the "" VOTED " which he will apply on the ballot. If the voter, for well-founded reasons, found by the president of the electoral bureau of the polling station, cannot sign in the electoral list, the president makes a mention in the list, confirmed by his signature and another member of the electoral bureau. (4) If the voter is not registered in the copy of the permanent electoral list or on the special electoral list, the president of the electoral bureau of the polling station or the member designated by him shall check whether the provisions of art. 13 are met and stop the voter from voting, if these provisions are not met. (5) Romanian citizens who on the day of reference are abroad vote for the election of members from Romania to the European Parliament only if they are not found in the table drawn up by the Permanent Electoral Authority, which includes Romanian citizens exercising the right to vote in the European Parliament elections in another Member State of the European Union. (6) Community voters who on the day of reference wish to vote at a polling station other than where they are registered in the copy of the special electoral list shall vote only if the county electoral office or the sector electoral office confirms, at telephone request of the president of the electoral bureau of the polling station, that they were registered in the special electoral lists. Community voters who on the day of reference are abroad vote to elect members from Romania to the European Parliament only if they are found in the table drawn up by the Permanent Electoral Authority, which includes voters community registered in the special electoral lists. ((7) Voters shall vote separately in closed quarters, applying the stamp with the entry "VOTED" within the quadrilateral comprising the list of candidates or the surname and name of the independent candidate they vote for. The stamp with the words "VOTED" shall be so dimensioned as to be smaller than the quadrangle. (8) The presence of any person in the voting booths, outside the voting booth, shall be prohibited. The voter 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, to help him. It cannot be among the observers or members of the electoral bureau of the polling station. (9) After voting, voters will bend the ballots, so that the unprinted page bearing the stamp of control stays outside, and will enter them into the urn, taking care not to open. The wrong bending of the bulletin does not attract its nullity. (10) At the request of the voter, if he misapplied the stamp with the mention "VOTED", but did not enter the ballot in the box, the president of the electoral bureau of the polling station may issue, only once, a new bulletin, withholding and cancelling the initial ballot and making the appropriate mention in the minutes provided for in art. 49. (11) The stamp entrusted for voting shall be returned to the President or to those members of the electoral bureau of the polling station appointed by him, after which the President or that member applies on the identity document or, as the case may be, on the document of identity of the voter stamp with the mention "VOTED" and the date of the vote or, as the case may be, a sticker stamp with the mention "VOTED" and the date of elections. (12) The President may take measures that the stationing of a voter in the polling booth should not be unduly extended. ((13) Candidates and any voter have the right to contest the identity of the person who shows up to vote. In this case, the identity shall be established by the chairman of the electoral bureau of the polling station by any legal means (14) If the appeal is based, the chairman of the electoral bureau of the polling station will stop the contested voter from voting, will record the fact in a report and will refer this situation to the competent authorities. (15) The chairman of the electoral bureau of the polling station may suspend voting for thorough reasons. The total duration of the suspensions may not exceed one hour. The suspension is announced by display at the door of the polling station headquarters as soon as the event that triggered the suspension occurred. (16) During the suspension, ballot boxes, stamps, ballots and other documents and materials of the electoral bureau of the polling station will remain under permanent guard. During the suspension he cannot leave the polling room more than half of the members of the electoral bureau of the polling station at the same time. Candidates and observers who attend the voting cannot be forced to leave the polling place during this time. (17) The chairman of the electoral bureau of the polling station or, failing that, the deputy is obliged to receive and register any written complaint regarding irregularities produced during the voting process, submitted by members of the bureau electoral of the polling station, candidates, observers or voters present in the polling station for the exercise of the right to vote. If the complaint is submitted in double copy, the president of the electoral bureau of the polling station, respectively his deputy will mention on the copy that remains to the person submitting the complaint that he became aware of the respective referral and the number under which it is registered. + Article 47 (1) For non-transportable voters for reasons of illness or invalidity, the president of the electoral bureau of the polling station may approve, at their written request, submitted at the latest in the presence of elections, accompanied by copies of certain acts medical or other official documents showing that those persons are untransportable, that a team of at least 2 members of the electoral bureau should travel with a special ballot box and voting material-stamp with the entry 'VOTED' and ballots-at the place where the voter is located, in order to conduct the voting. Only one special ballot box shall be used within a polling station. The special ballot box can be transported only by members of the electoral bureau of the polling station. The special ballot box can only be moved within the territorial radius of the polling station. (2) In the cases provided in par. (1) the voting shall be based on an extract from the supplementary electoral list. Persons entered in the extract from the supplementary electoral list must be removed from the other lists existing at the station. ((3) Provisions of para. ((1) and (2) shall apply accordingly to persons detained, held on the basis of a preventive arrest warrant or to persons who are in the execution of a custodial sentence, but who have not lost their electoral rights. + Article 48 (1) At 21.00, the chairman of the electoral bureau of the polling station shall declare the voting completed and shall order the closing of the voting hall. ((2) Voters who at 21.00 are in the hall where they are voted may exercise their right to vote. + Article 49 (1) After the closing of the voting hall, the president, in the presence of the members of the electoral bureau, shall carry out the operations of counting the ballots and recording the voting result, as follows: a) check the status of the seals on the ballot boxes, seal the slot of the ballot boxes, enter the stamps with the mention "VOTED" in an envelope that is sealed by the application of the control stamp of the polling station. The disappearance of one or more stamps shall be recorded in the minutes that will accompany the handover of the materials received at the court in whose territorial area they are based; b) cancel the unintended ballots, by registering on the diagonal of the first page of the term "CANCELLED" and the application of the control stamp of the polling station; if there are packages with intact ballots, the mention "CANCELLED" applies only once on that package; the number of these bulletins shall be entered in box d) of the minutes provided for in paragraph 1. ((3); c) establishes the number of voters registered in the copy of the permanent electoral list, respectively in the copy of the special electoral list received from the mayor of the administrative-territorial unit in whose radius the polling station is based; prohibited, under the sanction of the law, that on these lists there should be deleted, amendments or additions, with the exceptions provided in art. 11 11 para. ((17) and (18), art. 12 12 para. ((14) and (15) and art. 47 47 para. ((2). The result of the counting will be in section a1 and pt. a2, from the model of the minutes provided in par. ((3); d) determine the number of voters present at the polls, by counting the signatures registered on the existing electoral lists in the polling station. The results will be recorded in the minutes in section 4.2. b1, b2 and pt. b3, of the model provided in par. ((3); e) unseal the ballot box, one by one, and count the votes found therein; f) are void the ballots on which the stamp of control of the polling station was not applied, the ballots of a model other than the approved legal one, the ballots on which the stamp "VOTED" was not applied or to which the stamp is applied on several quadrangular; voting is valid if, although the stamp applied has exceeded the limits of the quadrilateral, the voter's option is obvious; null ballots do not enter into the calculation of valid votes cast. (2) At the opening of each bulletin, the president reads aloud the list of candidates who was voted or, as the case may be, the name and surname of the independent candidate voted and shows the ballot to those present. Open ballots are grouped by political parties, political alliances, electoral alliances, as well as organizations of citizens belonging to national minorities and independent candidates, are counted and linked separately. Null votes, candidate lists or first names and names of independent candidates and valid votes cast for each shall be recorded in a separate table by one member of the electoral bureau of the polling station, designated by the president. (3) After the opening of the polls and counting of votes, the chairman of the electoral bureau of the polling station will conclude a minutes, in 3 copies, which includes: a) the total number of voters registered in the copy of the permanent electoral list and in the copy of the special electoral list (item a = section a1 + section a2), of which: a1) the total number of voters registered in the copy of the permanent electoral list (item a1 ≥ 1 b1); a2) the total number of voters registered in the copy of the special electoral list (item a2 ≥ 1 b2); b) the total number of voters registered in the electoral lists existing at the polling station, who went to the polls (section b = section b1 + section b2 + section b3), of which: b1) the total number of voters registered in the copy of the permanent electoral list, who went to the polls; b2) the total number of voters registered in the copy of the special electoral list, who went to the polls; b3) the total number of voters registered in the supplementary electoral list, who went to the polls; c) number of ballots received (item c >/= section d + section e + section f); d) number of ballots not used and cancelled; e) valid votes cast (section e f) number of null votes; g) the number of valid votes cast obtained by each candidate list or by each independent candidate; h) the exposure, in short, of the met, as well as of the appeals submitted to the county electoral office, of the Bucharest municipality sector or to the electoral office for polling stations abroad; i) the state of the seals on the ballot at the end of voting. ((4) In section h) the minutes will also mention the situations in which: a) the number of ballots found in the box differs from the number of voters who voted, resulting from the counting of signatures from the permanent, additional and special electoral lists; b) the number of ballots found in the box gathered with that of unmet and cancelled ballots differs from the total number of ballots received. (5) The minutes shall be signed by the chairman of the electoral bureau of the polling station and by the other members and shall bear the stamp of control of the electoral bureau. The lack of signatures of some members of the polling station office does not influence the validity of the minutes. The president will mention the reasons that prevented the signing. (6) A copy of the minutes shall be displayed in visible place at the electoral bureau of the polling station. (7) The members of the electoral bureaus of the polling stations shall be issued, upon request, a copy of the minutes, certified by all those who signed the original. (8) Two copies of the minutes provided in par. (3), accompanied by all the complaints and appeals regarding the electoral operations of the electoral bureau of the polling station, the null and contested ballots, as well as the electoral lists used make up a sealed file and stamped. No later than 24 hours after the end of voting, the file is submitted to the county electoral office or, as the case may be, to the electoral bureau of the Bucharest municipality sector by the president of the electoral bureau of the polling station, with armed security, accompanied, upon request, by other members of the respective electoral bureau. (9) 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 polling station, are transmitted by electronic means at the electoral office for polling stations abroad, through the care of diplomatic missions and consulates, no later than 24 hours after receiving them. The accuracy of the data in these minutes is confirmed by telephone by the president or deputy of the electoral bureau for polling stations abroad, which countersign and stamp the documents received. Countersigned minutes are used in the centralization of voting results. (10) Within 24 hours from the receipt of the file provided in par. (8), the county electoral office or, as the case may be, of the Bucharest municipality sector send a copy of each minutes drawn up by the electoral bureaus of the polling stations to the court in whose territorial area they carry out activity; the electoral office for polling stations abroad sends a copy, countersigned and stamped, of each minutes drawn up by the electoral bureaus of polling stations abroad, to the Bucharest Tribunal. (11) Political parties, citizens ' organizations belonging to national minorities, political or electoral alliances among them that participated in elections, as well as independent candidates can obtain copies from the copies of the minutes provided in par. ((10). + Article 50 (1) After receiving the minutes from all the electoral bureaus of the polling stations and after the settlement of the received and appeals received, the county electoral office, the electoral office of the Bucharest municipality sector or the office Elections for polling stations abroad conclude a centralizing report of indicators included in the minutes of polling stations, as follows: a) the total number of voters registered in the copies of the permanent electoral lists and in the special electoral lists (section a = section a1 + section a2), of which: a1) the total number of voters registered in the copies of the permanent electoral lists (item a1 ≥ 1 b1); a2) the total number of voters registered in the copies of the special electoral lists (item a2 ≥ 1 b2); b) the total number of voters registered in the electoral lists, who went to the polls (section b = section b1 + section b2 + section b3), of which: b1) the total number of voters registered in the copies of the permanent electoral lists, which went to the polls; b2) the total number of voters registered in the copies of the special electoral lists, which went to the polls; b3) the total number of voters registered in the supplementary electoral lists, who went to the polls; c) number of ballots received (item c >/= section d + section e + section f); d) number of ballots not used and cancelled; e) valid votes cast (section e f) number of null votes; g) the number of valid votes cast obtained by each candidate list or by each independent candidate; h) how to resolve appeals and welcome received. (2) The provisions of art. 49 49 para. ((5) and (7) shall apply accordingly. (3) The minutes provided in par. (1) together with the minutes received from the electoral bureaus of the polling stations, as well as with all the meetings and appeals, forming a sealed file, stamped and signed by the members of the county electoral bureau, of the electoral bureau of the sector of Bucharest or of the electoral bureau for polling stations abroad, as well as all the files containing the electoral lists used in the polling stations, except those organized abroad, Folded on polling stations and by types of lists, shall be submitted with armed guard at the Bureau Electoral Central, no later than 48 hours after receiving the last minutes from the electoral bureaus of polling stations. + Article 51 (1) For political parties, citizens ' organizations belonging to national minorities, political alliances and electoral alliances, the electoral threshold for the award of mandates represents 5% of the total valid votes cast, at national level. (2) Independent candidates may be assigned seats if they have obtained, each in part, a number of valid votes cast at least equal to the national electoral coefficient. The national electoral coefficient represents the entire part of the ratio between the total number of valid votes cast and the number of seats of European parliamentarians returning to Romania. + Article 52 (1) The attribution of European parliamentary mandates shall be made, in compliance with the conditions laid down in art. 51, by the Central Electoral Bureau, as follows: a) in the first stage, the Central Electoral Bureau calculates the electoral threshold and the national electoral coefficient and establishes, in descending order of the number of valid votes cast, the list of political parties, organizations of citizens belonging to national minorities, political alliances, electoral alliances and independent candidates who may be assigned seats; b) in the second stage, the mandates are distributed at the level of the national constituency for the selected lists under the conditions laid down in lett. a) by the d' Hondt method. The d' Hondt method of distribution of mandates consists in the division of valid votes cast for each list and independent candidate, selected under the conditions laid down in lett. a), at 1, 2, 3, 4 ... up to the total number of mandates to be assigned, and the ranking of these cates in descending order. The number of seats allocated to each list corresponds to the total number of cates for each list contained in the ordered string, until the distribution of all the mandates; c) the independent candidate who would return at least one term of office shall be assigned a single mandate, regardless of how many mandates have resulted from the calculation. In this case, the distribution of the other mandates shall continue to be made, for lists or independent candidates, in compliance with the conditions provided in lett. a) and b) and the provisions of art. 51 51 para. ((1). (2) The minutes, drawn up according to the law, shall be signed by the president or his deputy and by the other members of the Central Electoral Bureau, in the presence of which he was drawn up. The lack of signature of some office members does not affect the validity of the minutes and the elections. The president mentioned the reasons for the signing. (3) The Central Electoral Office shall hand the elected candidates an ascertaining certificate of election. (4) After receiving the minutes from all the county offices, the electoral bureaus of the sectors of Bucharest municipality or the electoral office for the polling stations abroad, the Central Electoral Office shall conclude a report on centralization of votes and assignment of mandates, as follows: a) the total number of voters registered in the copies of the permanent electoral lists and in the special electoral lists (section a = section a1 + section a2), of which: a1) the total number of voters registered in the copies of the permanent electoral lists (item a1 >/= section b1); a2) the total number of voters registered in the copies of the special electoral lists (item a2 >/= section b2); b) the total number of voters registered in the electoral lists, who went to the polls (section b = section b1 + section b2 + section b3), of which: b1) the total number of voters registered in the copies of the permanent electoral lists, which went to the polls; b2) the total number of voters registered in the copies of the special electoral lists, which went to the polls; b3) the total number of voters registered in the supplementary electoral lists, who went to the polls; c) number of ballots received (item c >/= section d + section e + section f); d) number of ballots not used and cancelled; e) valid votes cast (section e f) number of null votes; g) the number of valid votes cast obtained by each candidate list or by each independent candidate; h) the number of valid votes cast, obtained by each list of candidates who met the electoral threshold and by each independent candidate who met the electoral coefficient (in descending order of the number of valid votes cast); i) the list of cates calculated according to the method d' Hondt for each list of candidates who met the electoral threshold and for each independent candidate who met the electoral coefficient; j) sorted list of cates calculated according to the method d' Hondt; k) the number of mandates assigned to each candidate list or to each independent candidate (in descending order of the number of seats); l) list of members chosen for the European Parliament m) list of alternate members for the European Parliament. (5) The Central Electoral Bureau shall hand over to the Permanent Electoral Authority the files containing the electoral lists used in the polling stations, filed on polling stations and by types of lists. Upon notification of political parties, organizations of citizens belonging to national minorities, political alliances, electoral alliances and independent candidates participating in elections, made no later than 15 days from the date of validation the result of the elections and accompanied by the evidence on which it is based, the Permanent Electoral Authority checks the electoral lists used within the polling stations to which the complaint refers, in order to discover the cases in which a person has voted without having the right to vote or voted several times on the same day of reference. The term of verification of the electoral lists used in the polling stations is 6 months after their receipt. If the Permanent Electoral Authority discovers indications regarding the commission of the crime provided in art. 387 of the Criminal Code, it notifies the competent prosecution bodies. ----------- Alin. ((5) of art. 52 52 has been amended by section 1 1 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. (6) Upon expiry of the term provided in par. (5) for the verification of the electoral lists used in the polling stations, the Permanent Electoral Authority ensures their electronic archiving by an electronic archiving service provider, according to Law no. 135/2007 on archiving documents in electronic form. + Article 53 The following facts are contraventions: a) the knowingly enrolment of a voter in several permanent or special electoral lists, the registration in the electoral lists of fictitious persons or who do not have the right to vote; b) keeping registers with permanent electoral lists or registers with special electoral lists in improper conditions; c) failure to carry out the communications stipulated by the law and not to operate them in the permanent electoral lists and in the special electoral lists; d) performing operations in the permanent electoral lists and in special electoral lists by unauthorized persons; e) the non-communication to the judges of the changes made in the copy of the permanent electoral list or of the special electoral list existing at the f) signing the list of supporters in violation of art. 18 18; g) violation of the provisions on the display of proposals for applications provided for in art. 20 20 para. ((1); h) use of the electoral sign registered with the Central Electoral Office by a political party, organization of citizens belonging to national minorities, a political alliance, electoral alliance or independent candidate, by another party political, organization of citizens belonging to national minorities, political alliance, electoral alliance or independent candidate; i) failure by the organizers of the measures necessary for the normal conduct of electoral assemblies, as well as the distribution and consumption of alcoholic beverages during these meetings; j) destruction, damage, soiling, writing coverage or in any way of electoral lists, with the exceptions provided in art. 49 49 para. ((1) lit. c); k) non-compliance with 35 35 para. ((2) and (4) and of art. 40 40 para. (3)-(7); display of electoral lists and children on them; destruction, damage, soiling, writing coverage or in any way platforms-program displayed or any other posters or advertisements of printed electoral propaganda; l) acceptance by a person several times of the application to the same elections for the European Parliament; m) non-compliance with decisions and decisions of electoral offices; non-compliance with decisions and instructions of the Permanent Electoral Authority; n) printing, without right, of ballots for their use on election day; ----------- Lit. n) of art. 53 53 has been amended by section 4.2 2 2 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. o) refusal to allow access of accredited persons to the polling station premises, except in cases where the president of the electoral bureau of the polling station limits the access of accredited persons to the polling station premises due to the size p) refusal to receive and register a written complaint submitted in accordance with the provisions of art. 46 46 para. ((17); q) refusal to comply with the provisions of the chairman of the electoral bureau of the polling station on ensuring order in the voting place and in the surroundings; r) handing the ballot to a voter who does not present the act or, as the case may be, the identity document or who refuses to sign in the electoral list in which he is registered for the receipt of the ballot and stamp with the mention "VOTED"; non-compliance with 46 46 para. ((8); ----------- Lit. r) of art. 53 53 has been amended by section 4.2 2 2 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. s) non-application of the stamp with the mention "VOTED" or of the sticker stamp on the act or, as the case may be, the identity document, as well as their detention, without valid reasons, by the members of the electoral bureau of the polling station; s) non-compliance with 49 49 para. (2); the preparation by the electoral bureaus of the polling stations of the minutes, in violation of the provisions of this law; t) continuation of electoral propaganda after its conclusion, as well as advising on voting day of voters at polling stations headquarters to vote or not to vote for a certain political party, political alliance, electoral alliance, organization of citizens belonging to a national minority or independent candidate; t) the wearing during voting, by the members of the electoral bureaus of polling stations, persons responsible for security or by accredited persons, by badges, badges or other means of electoral propaganda; u) violation by members of electoral bureaus of the obligation to participate in the activity of these offices; v) refusal of the chairman of the electoral bureau or its deputy to issue a certified copy of the minutes to persons entitled according to the provisions of this law; w) violation of accreditation conditions by accredited persons and survey operators of polling institutes, companies or non-governmental organizations that have been accredited by the Electoral Bureau Central by decision; x) non-compliance with 34 34; y) non-compliance with 36 36, of art. 37 37 para. ((1)-(3) and (5) and of art. 38 38 para. ((2)-(4); z) non-compliance with 40 40 para. ((8)-(11); z ^ 1) 45 45 para. ((12). + Article 54 (1) Contraventions provided in art. 53 lit. b), c), d), e), g), j), k), l), m), o), p), s), t), u), v) and z) shall be sanctioned with a fine of 1,000 lei to 2,500 lei, those from lit. f), h), q), t), w), x) and z ^ 1), with a fine of 1,500 lei to 4,500 lei, those from lit. a), i), n), r), s) and y), with a fine from 4,500 lei to 10,000 lei. (2) Finding the contraventions provided in art. 53 and application of sanctions provided in par. ((1) shall be made by: a) the officers, agents and sub-officers of the Romanian Police, the Romanian Border Police and the Romanian Gendarmerie, for the facts provided in art. 53 lit. i), k), n), o), q), r), t), w), z) and z ^ 1); b) the president of the county electoral office, the sector electoral office or the electoral office for polling stations abroad, for the facts provided in art. 53 lit. j), p), s) and v); c) President of the Central Electoral Office, for the facts provided in art 53 lit. f), g), h) and l); d) the chairman of the electoral bureau, in case of committing the contraventions by its members, or the president of the superior hierarchical electoral office, in case of committing the contraventions by the presidents of the or by their deputies, for the facts provided in art. 53 lit. n), s), t), u) and v); e) the powers of the President of the Permanent Electoral Authority, for the facts provided in art. 53 lit. a), b), c), d), e) and x); f) the powers of the President of the Permanent Electoral Authority, if the act provided for in art. 53 lit. m) is committed by central or local public administration authorities and if the act provided for in art. 53 lit. y) is committed by someone other than broadcasters; the president of the electoral office, if the act provided for in art. 53 lit. m) is committed by the members of the electoral bureau, or the president of the superior hierarchical electoral office, in case of committing the act provided in 53 lit. m) by the presidents of the lower hierarchical electoral offices; police officers, if the act provided for in art. 53 lit. m) is committed by other natural or legal persons; g) The National Audiovisual Council, which is self-reported or can be notified by those interested, for the facts provided in art. 53 lit. y), if they are committed by broadcasters. ((3) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (1), the finding agent making mention of this possibility in the minutes. ((4) Contraventions provided for in art. 53 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. (5) The commission by the members of the electoral offices of the contraventions provided in par. (1) attracts replacement with other persons according to art. 24, 26, 28 and 29, at the request of the president of the superior hierarchical electoral office or of the President of the Central Electoral Office + Article 55 Repealed. ----------- Article 55 was repealed by point (a). 3 3 of art. 195 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). 3 3 of art. 195 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). 3 3 of art. 195 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). 3 3 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 59 Repealed. ----------- Article 59 has been repealed by point (a) 3 3 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 60 Repealed. ----------- Article 60 has been repealed by point (a) 3 3 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 61 Repealed. ----------- Article 61 has been repealed by point (a). 3 3 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 62 Repealed. ----------- Article 62 was repealed by point (a). 3 3 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 63 Repealed. ----------- Article 63 has been repealed by point (a) 3 3 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 64 Repealed. ----------- Article 64 has been repealed by point (a) 3 3 of art. 195 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter IV Transitional and final provisions Transitional and final provisions + Article 65 (1) The Permanent Electoral Authority exercises the powers provided for in art. 65 65 para. ((1) of 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. ((2) Provisions Law no. 334/2006 on the financing of the activity of political parties and electoral campaigns, republished, with subsequent additions, shall be applied accordingly. (3) I am an exception to the provisions of para. (. Where the Community rules on the matter are directly applicable. (4) In order to apply the provisions of this law, the Permanent Electoral Authority or, as the case may be, the Central Electoral Office shall adopt decisions and instructions, which shall be published in the Official Gazette of Romania (5) The Permanent Electoral Authority together with the competent public authorities shall carry out the necessary formalities for the acceptance of the members of the European Parliament. + Article 66 (1) Within no more than 5 days after the public meeting of the reference day, the Government shall establish by decision, at the proposal of the Permanent Electoral Authority and the Ministry of Administration and Interior, the calendar schedule for the implementation of the necessary actions for the election of the members of Romania to the European Parliament, the budget and the necessary expenses for the preparation, organization and conduct of the elections, the model of the copy of the special election, copy of the special electoral list, electoral list additional, of the extract from the supplementary electoral list, the model of the list of supporters, the model of the Central Electoral Bureau, of the county electoral office, of the sector electoral office of Bucharest, of the electoral office for the 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 model of the sticker stamp, the measures to be taken by the central public authorities and local for the proper organization and conduct of elections. ((2) In no more than 15 days after the public meeting of the reference day, the Permanent Electoral Authority shall establish by decision, which shall be published in the Official Gazette of Romania, Part I, the model of the declaration of acceptance of the candidacy, the model of the list of candidates, the model of the application for admission of independent candidacy, the model of the application for waiver of candidacy and the model of the certificate (3) The Permanent Electoral Authority shall inform, in a timely manner and in an appropriate manner, the Community voters and the eligible Community persons on the conditions and modalities of exercising the right to choose and to be elected in Romania. (4) At least 20 days before the reference day, the Government shall establish by decision, at the proposal of the National Institute of Statistics, with the advisory opinion of the Permanent Electoral Authority, the model of the minutes of consigning and centralization of voting results. + Article 67 (1) The expenses for carrying out electoral operations shall be borne by the state budget. (2) The headquarters of the Central Electoral Office shall be provided by the Government, the electoral bureau for polling stations abroad by the Ministry of Foreign Affairs, the headquarters of the county electoral bureaus of prefects and the presidents of the county councils, and of the sector electoral bureaus, as well as of the electoral bureaus of the polling stations of mayors, together with the prefects. (3) The expenses for equipping the premises of the electoral bureaus provided in (2) shall be ensured from the state budget. ((4) The acts drawn up in the exercise of the electoral rights provided for in this Law shall be exempt from stamp duty. + Article 68 (1) The Government shall ensure, in order to support the activity of the Central Electoral Office, the county electoral bureaus, the electoral bureaus of the sectors of Bucharest and the electoral bureau for polling stations abroad Necessary statisticians The Ministry of Administration and Interior, together with the Permanent Electoral Authority, provides the auxiliary technical staff necessary to the Central Electoral Office, the county electoral bureaus and the electoral bureaus of the Bucharest and the Ministry of Foreign Affairs, together with the Permanent Electoral Authority, provides the necessary auxiliary technical staff to the electoral office for polling stations abroad. (2) During the period of time the electoral offices operate, their members, statisticians and auxiliary technical staff receive an allowance per day of activity, established by Government decision. (3) For the allowance provided in par. (2) is retained, is due and only income tax is transferred, according to the law. (4) During the entire period of the performance of the duties on the organization and conduct of elections for the European Parliament, the institutions to which the employees referred to in par. (2) provide them with due salary rights, according to the law. + Article 69 (1) The judgment by the courts of the meetings, appeals or any other requests regarding the electoral process shall be made according to the rules established by law for the injunction, with the mandatory participation of the prosecutor. (2) Against the final judgments given by the courts under the present law there is no appeal. *) ---------- * *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012. (3) The final decisions of the courts rendered as a result of the meeting, appeals or any other requests regarding the electoral process shall be communicated immediately to the interested electoral bureaus. *) ---------- * *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012. + Article 70 (1) The terms per day, provided for by this law, comprise the day when they start to run and end at 24.00 of the day when they are fulfilled, even if they are not working days. (2) During the entire electoral period, the electoral bureaus shall operate according to the program established by the Central Electoral Bureau by the regulation on organization and functioning of The courts ensure the permanence of the activity in order to exercise by citizens the electoral rights. + Article 71 (1) The voting bulletins used or not used, the null, the minutes and the stamps necessary for voting, the other materials used in the electoral process, received by the courts of the county electoral offices, of the the sectors of Bucharest, from the electoral office for polling stations abroad or from the electoral bureaus of polling stations, as well as the lists of supporters received by the High Court of Cassation and Justice of the Bureau Electoral Central are kept in the archive, separate from the other documents of the courts, for 3 months from the date of publication of the election results in the Official Gazette of Romania, Part I. (2) After the expiry of the term provided in par (1), the courts, with the support of the prefects, will teach on the basis of minutes, for the melting, the specialized economic operators the ballots used or unmet, the null ones, the minutes and the necessary stamps voting, the other materials used in the electoral process, as well as the lists of supporters. ((3) The lists of supporters from the European Parliament elections of 25 November 2007 shall be handed over by the Permanent Electoral Authority to the specialised economic operators. + Article 72 ((1) The candidates entered in the lists, who have not been elected, remain on the respective lists in the order in which they were registered. ((2) In case of holiday of the mandates of the members of Romania in the European Parliament, occurred as a result of resignation, loss of electoral rights, incompatibility with the quality of European parliamentarian or death, mandates for seats holidays are attributed to the following on the lists of candidates, in the order in which they were registered on these lists, if until the date of validation for the filling of vacancies the parties or political parties on the lists to which they ran confirm, in written, that belong to them. ((3) The vacancy of the mandates of the members of Romania in the European Parliament, occurred as a result of a prior agreement on resignation or waiver of this position, is considered null and void. The prior agreement on the waiver of the position of member of Romania in the European Parliament cannot be the reason for the holiday of office + Article 73 (1) At all electoral operations carried out by electoral bureaus of polling stations may assist, outside their members, persons accredited under the conditions of this law. (2) For the purposes of this law, the following shall be understood by accredited persons: a) internal and external observers; b) internal and external representatives of the media; c) delegates of political parties, organizations of citizens belonging to national minorities, political or electoral alliances among them who participate in elections and do not have representatives in electoral offices. (3) The representatives of non-governmental organizations who have as their main object of activity the defense of democracy and human rights, which are legally constituted at least 6 months before the day of the reference. People designated by these organizations as internal observers cannot have political affiliation. (4) The persons in contractual relations with these institutions and who are designated in this regard by their management may be accredited as internal representatives of the Romanian media. The persons designated by these institutions as internal media representatives may not have political affiliation. (5) The accreditation of internal observers and internal media representatives shall be made by the county electoral bureaus, the electoral bureaus of the sectors of Bucharest and the electoral bureau for polling stations abroad, for all polling stations within their competence, at the written request of the management of non-governmental organizations or media institutions in Romania, made at least 5 days before the election date. (6) The accreditation of external observers and external representatives of the media is made by the Permanent Electoral Authority, at the proposal of the Ministry of Foreign Affairs, for all electoral offices. (7) Only persons proposed by those non-governmental organizations who present a certificate issued by the Permanent Electoral Authority regarding the fulfilment of the provisions of par. ((3). (8) Can be accredited as internal representatives of the media only the persons proposed by those media institutions who present a certificate issued by the Permanent Electoral Authority on the fulfilment of the provisions of par. ((4). (9) Accreditation of delegates of political parties, organizations of citizens belonging to national minorities, political or electoral alliances between them participating in elections and not having representatives in electoral bureaus shall be made by to the county electoral bureaus, the district electoral bureaus or the electoral office for polling stations abroad, for the respective electoral bureaus, at the written request of the heads of the county organizations of the parties political, political alliances and electoral alliances, made at least two days before election date. (10) Accredited persons may assist in electoral operations on the day of voting, starting at 6.00 and ending with the time of conclusion and signing by members of the electoral bureau of the polling station of the minutes of finding the results of voting in that section, only if they present the act of accreditation, which is also valid in copy. They cannot intervene in any way in the organization and conduct of elections, having only the right to notify the president of the electoral office in writing in case of finding an irregularity. Any act of electoral propaganda, as well as violation in any way of the act of accreditation attract the application of legal sanctions, suspension of accreditation by the electoral office that found misconduct, and on the day of voting, immediate removal of the respective person in the polling station. (11) At the electoral office of the polling station, accredited persons can be stationed only in the space established in this regard in the polling room by the president of the electoral bureau of the polling station. The accreditation allows the access of its holder and in the special space arranged in this regard to the county electoral office, the Bucharest municipality sector or the electoral office for the polling stations abroad that issued the accreditation. (12) Contests on accreditation or rejection of the accreditation request by the county electoral office, electoral office of the Bucharest municipality sector or by the electoral office for polling stations abroad shall be submitted, in no more than two days after the decision is displayed, at the courthouse in whose territorial area the electoral office operates and shall be settled by it no later than two days after registration. Judgment is final. *) ---------- * *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012. (13) Appeals regarding the rejection by the Permanent Electoral Authority of the request for issuing the certificate provided in par. (7) or (8) shall be submitted no later than two days after the communication of the answer to the Bucharest Court of Appeal and shall be resolved by it within two days of registration. Judgment is final. *) ---------- * *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012. + Article 74 ((. The first elections to the European Parliament shall be held and shall be held by 31 December 2007 at the latest. (2) By exception to the provisions of art. 1 1 para. (3), the mandate of the members of Romania in the European Parliament, awarded on the basis of the first organized elections, ceases at the end of the 2004-2009 legislative + Article 75 At the first elections for the European Parliament organized in Romania, for the purpose of exercising the right to vote and to be elected as members from Romania to the European Parliament, citizens of the Member States of the European Union have the obligation to present a self-declaration that they did not exercise their right to vote and to be elected in the European Parliament elections held in 2004. + Article 76 The Central Electoral Office confirms the results of the suffrage and ensures the publication in the Official Gazette of Romania, Part I, of the results of the election of members from * This law transposes Council Directive no. 93 93 /109/EC COMMISSION DECISION of 6 December 1993 laying down the rules for the exercise of the right to choose and to be elected to the European Parliament for the citizens of the Union residing in a Member State where they are not nationals, published in the Official Journal of the European Union European Communities no. L 329 of 30 December 1993 and the 1976 Act concerning the election of members of the European Parliament by direct universal suffrage published in the Official Journal of the European Communities no. L 278 of October 8, 1976, as amended. NOTE: We reproduce below art. II of Government Emergency Ordinance no. 11/2009 to amend and supplement Law no. 33/2007 on the organisation and conduct of elections for the European Parliament, approved with amendments Law no. 303/2009 ,, which is not incorporated into the republished form and which shall continue to apply as its own provisions: "" Art. II. -In no more than 5 days after the entry into force of this emergency ordinance, the Permanent Electoral Authority establishes, by decision * *), which is published in the Official Gazette of Romania, Part I, the model of the certificate attesting as a citizen Romanian was not deprived of the right to be elected to Romania or that such a ban is not known by the Romanian authorities. " ---------- ** **) See Decision of the Permanent Electoral Authority no. 3/2009 for the approval of the model of the certificate attesting that a Romanian citizen was not deprived of the right to be elected in Romania or that such a ban is not known by the Romanian authorities, published in the Official Gazette of Romania, Part I, no. 154 154 of 12 March 2009. -----