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Law No. 67 Of 25 March 2004 (Republished) For Local Public Administration Authorities ' Choice *)

Original Language Title:  LEGE nr. 67 din 25 martie 2004 (*republicată*) pentru alegerea autorităţilor administraţiei publice locale*)

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LEGE no. 67 67 of 25 March 2004 (** republished) (* updated *) for election of local public administration authorities * *) ((updated until 23 February 2014 *)
ISSUER PARLIAMENT




-------------- ** **) Republicated pursuant to art. II of Government Emergency Ordinance no. 8/2005 amending and supplementing Law no. 67/2004 for the election of local public administration authorities, published in the Official Gazette of Romania, Part I, no. 175 of 1 March 2005, approved by Law no. 131/2005 , published in the Official Gazette of Romania, Part I, no. 420 of 18 May 2005, giving the texts a new numbering. Law no. 67/2004 was published in the Official Gazette of Romania, Part I, no. 271 271 of 29 March 2004. According art. 80 of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 of March 13, 2008, Titles II, III and IV of this Law shall enter into force on the date of commencement of the procedures provided by law for the first local elections organized after the publication of this Law in the Official Gazette + Chapter I General provisions General provisions + Article 1 (1) The present law regulates the election regime for local public administration authorities-local councils, county councils, mayors and presidents of county councils. ------------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (2) Local councils and county councils, mayors and chairmen of county councils shall be elected by universal, equal, direct, secret and freely expressed vote. ------------- Alin. ((2) of art. 1 1 has been amended by section 1 1 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (3) Local councils and county councils shall be elected on electoral districts, based on the list vote, according to the principle of proportional representation. (4) The mayors of the communes, cities, municipalities, sectors of Bucharest and the general mayor of Bucharest, as well as the presidents of the county councils shall be elected on electoral districts, by uninominal elections. ------------- Alin. ((4) of art. 1 1 has been amended by section 1 1 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (5) The deputy chairmen of the county councils, as well as the deputy mayors, shall be elected by indirect vote by the county councils, respectively ------------- Alin. ((5) of art. 1 1 has been amended by section 1 1 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (6) The provisions of this law regarding the local councils and mayors, as well as those regarding the municipal, city, municipal and district electoral districts of the city of Bucharest shall also apply accordingly to the Council General of Bucharest Municipality and the General Mayor of Bucharest, as well as the electoral district of Bucharest, if it is not ordered otherwise. + Article 2 (1) Romanian citizens shall exercise, equally, electoral rights, without privileges and without discrimination. (2) The right to vote is exercised only on the basis of the identity document provided in art. 126. + Article 3 (1) They have the right to choose Romanian citizens who have turned 18, including those who reach this age on election day. (2) For the election of the local council, the county council, the mayor, as well as the president of the county council each voter is entitled to one vote. ------------- Alin. ((2) of art. 3 3 has been amended by section 2 2 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (3) The right to vote shall be exercised only in the municipality, city, municipality or administrative-territorial subdivision of the municipality in which the voter is domiciled. (4) Citizens with the right to vote, who have established their residence in another administrative-territorial unit at least 3 months before the election date, may exercise their right to vote in the respective administrative-territorial unit, according to provisions of this law + Article 4 (1) They have the right to be elected councillors, mayors or presidents of county councils citizens with the right to vote who have reached, until the day of elections inclusive, the age of at least 23 years, if they are not prohibited from association in political parties, under art. 40 40 para. (3) of the Romanian Constitution, republished. ------------- Alin. ((1) of art. 4 4 has been amended by section 3 3 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (2) Only persons who have their domicile in the territory of the administrative-territorial unit in which they are to be elected can run (3) At the sectors of Bucharest municipality can run and be elected persons who are domiciled in Bucharest, regardless of the sector. + Article 4 ^ 1 ((1) The citizens of the European Union who have their domicile or residence in Romania have the right to choose and be elected under the same conditions as Romanian citizens, with the fulfilment of the provisions of this law. (2) The citizens of the European Union have the right to be elected only as a local councillor and county councillor. (3) For the purposes of this law, citizens of the European Union, other than Romania, are understood by citizens of the European Union. ------------- Article 4 ^ 1 has been introduced by section 4. 1 1 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 5 ((1) I cannot choose: a) debilies or mental alienations, placed under prohibition; b) persons deprived of electoral rights, for the duration established by final court decision. (2) They may not be chosen: a) citizens belonging to the categories provided for in art. 40 40 para. (3) of the Romanian Constitution, republished; b) persons belonging to the categories provided in par. ((1). + Article 6 (1) Candidates for local councils and county councils, as well as those for mayors shall be proposed by political parties or political alliances, constituted according to Law of political parties no. 14/2003 , republished, as amended. Applications may also be submitted by electoral alliances established under the conditions of this law, by the organizations of citizens belonging to the national minorities provided in art. 7, as well as independent candidacies. The lists of candidates for the election of local councils and county councils must be drawn up so as to ensure the representation of both sexes, except those containing only one candidate. ------------ Alin. ((1) of art. 6 6 has been amended by art. unique from LAW no. 338 338 of 10 December 2013 published in MONITORUL OFFICIAL no. 777 777 of 12 December 2013. (2) Electoral alliances may be constituted between political parties or political alliances at county or local level. A political party cannot be part, at the same level, than from a single electoral alliance. (3) The electoral alliances shall be registered at the electoral office of the county district or of the city of Bucharest, and in the cases provided in art. 31 31 para. (1) or in the event that elections are held in a single municipal, city or municipal electoral district, at the county electoral office or of the city of Bucharest, respectively at the electoral office of the constituency where they take place choices. ------------- Alin. ((4) of art. 6 6 has been repealed by section 6.6. 1 1 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. (5) A person may apply for a single local council and a single county council and only for a single office of mayor or county council president. ------------- Alin. ((5) of art. 6 6 has been amended by section 4 4 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (6) A person may run, at the same time, for the position of local councillor, county councillor and mayor. A person can run, at the same time, for the position of local councillor, county councillor and county council president. A person cannot run, at the same time, for the position of mayor and for the position of president of the county council. ------------- Alin. ((6) of art. 6 6 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. (7) The number of candidates on each list may be higher than the number of counselors established according to Local public administration law no. 215/2001 , republished, with up to a quarter of the number of mandates; fractions shall be completed at figure 1, regardless of their size. ------------- Alin. ((7) of art. 6 6 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. ((8) Candidates submitted on several lists of candidates or both on the lists and as an independent are void of law. + Article 7 (1) For the purposes of this law, the national minority shall mean that ethnicity which is represented in the Council of National Minorities. (2) The organizations of Romanian citizens belonging to the national minorities represented in Parliament can submit applications. ------------- Alin. ((2) of art. 7 7 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (3) May submit applications and other organizations of Romanian citizens belonging to legally constituted national minorities, which present to the Central Electoral Office a list of members. The number of members may not be less than 15% of the total number of citizens who in the last census declared themselves as belonging to that minority. ------------- Alin. ((3) of art. 7 7 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (4) If the number of members necessary to meet the conditions provided in par. (3) is more than 25,000 persons, the list of members must include at least 25,000 persons domiciled in at least 15 of the counties of the country and in Bucharest, but not less than 300 persons for each of these counties and for Bucharest. (5) The list of members shall be drawn up by localities and by county and shall include: the name of the organization, the names and surnames of the members, the date of birth, the address, the name, the series and the number of the identity document, their signatures, and the name of the person who drew it up. The person who has drawn up the list is obliged, together with it, to file a declaration on his own responsibility stating the veracity of the members ' signature. + Article 8 The organizations provided in art. 7 may participate in elections and submit lists of candidates only under the name and electoral sign of that organization. + Article 9 (1) The date of elections shall be determined by Government decision, at least 75 days before the voting. ------------- Alin. ((1) of art. 9 9 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. ((2) In the case of partial elections, organized in the situations provided by Law no. 215/2001 , republished as well as by Law no. 393/2004 on the status of local elected officials, with subsequent amendments and completions, the date of their deployment shall be established at least 35 days before the voting. In this case, the time limits provided for by this law, except for 24 hours, shall be reduced by half. If the half time reduction operation results in fractions of days equal to or greater than 12 hours, the rounding shall be made in addition; Fractions of less than 12 hours shall not be taken into account. ------------- Alin. ((2) of art. 9 9 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. ((3) Elections take place in one day, which may only be on Sunday. + Chapter II Organizing elections Organizing elections + Section 1 Electoral districts Electoral districts + Article 10 (1) For the election of local councils and mayors, each commune, city, municipality and administrative-territorial subdivision of the municipality constitutes an electoral district. (2) For the election of the county councils, the president of the county council and the General Council of Bucharest, each county, respectively the city of Bucharest, constitutes an electoral district. The numbering of the county electoral districts and the city of Bucharest is made by Government decision. ------------- Alin. ((2) of art. 10 10 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 11 (1) The numbering of electoral districts in each county, as well as of the district electoral districts of Bucharest municipality shall be made by the prefect, by order, within 3 days from the establishment of the election date. (2) The appointment is made starting with the county seat municipality and continues with the other municipalities, cities and communes, in the alphabetical order of each category of administrative-territorial units. + Article 12 The number of electoral district is brought to the attention of voters by the mayor, with the introduction to the attention of the delimitation and numbering of polling stations, according to the provisions of art. 15. + Section 2 Polling stations Polling stations + Article 13 In the country, electoral operations take place in the polling stations organized 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. ------------- Article 13 has been amended by section 1. 1 1 of art. II of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. + Article 14 (1) At the same polling station voters shall vote for the local council, the county council, the mayor and the president of the county council. ------------- Alin. ((1) of art. 14 14 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (2) In Bucharest, at the same polling station, voters vote for the local council of the sector, for the mayor of the sector, for the General Council of Bucharest, as well as for the general mayor of Bucharest. + Article 15 Repealed. ------------- Article 15 has been repealed by point (a). 2 2 of art. II of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. + Section 3 Electoral lists Electoral lists + Article 16 (1) Permanent electoral lists shall be drawn up, printed and updated according to Law no. 35/2008 , 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 16 has been amended by section 4. 3 3 of art. I of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. + Article 17 Repealed. ------------- Article 17 has been repealed by point (a) 4 4 of art. II of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. + Article 18 The mayors provide the necessary conditions for the voters ' consultation of the children on the permanent electoral lists, both at the town hall and at the polling station. + Article 19 (1) At the request of citizens with the right to vote, who have established at least 3 months before the vote of residence in the electoral district where elections are held, they are registered by the mayor in an additional electoral list, based on Identity card. (2) The mayor requests the deletion of the respective person from the copy on the permanent electoral list at his home. Request is made in writing or by telephone. Phone calls are recorded in a special register. (3) On the day of voting, the persons referred to in paragraph (1), not included in the supplementary lists, are entered in the supplementary list by the president of the electoral bureau of the polling station, based on the identity document. (4) In the supplementary list shall be entered by the chairman of the electoral bureau of the polling station and the persons omitted from the copy of the permanent electoral list, who shall cast their ballots and provide proof, with the identity document, that they reside within the radius the respective polling station. (5) The model and content of the supplementary electoral list shall be established under the conditions 125. + Article 20 A voter can only be entered in a single electoral list. + Article 21 (1) If the voter changes his domicile in another electoral district after submitting the copy from the permanent electoral list to the electoral office of the polling station, he shall exercise his right to vote in the electoral district of the new home, based on the provisional identity card. (2) On election day, at the electoral office of the polling station at the new home, the voter is registered in the supplementary electoral list by the president, based on the provisional identity card. (3) In the situation referred to in par. (1), the computerized record service of the person shall issue, at the request of the interested person, a provisional identity card, as a matter of urgency. + Article 22 (1) The mayor shall communicate to the electoral office of municipal, city or municipal district, as the case may be, as well as to the electoral district electoral office the number of voters resulting from the permanent and complementary electoral lists, within hours after they were set up. The mayors of the sectors of Bucharest municipality communicate the total number of voters to both the district electoral bureaus and the Electoral Office of Bucharest. Constituency electoral offices ensure the advertising of the total number of voters by display at their premises. (2) The final number of voters shall be communicated by the mayors to the constituency electoral bureaus 5 days before the election date, based on the data contained in the copies on the permanent electoral lists, in the copies of the electoral lists complementary and in the supplementary list. ------------- Article 22 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 22 ^ 1 (1) The supplementary electoral lists shall be of a permanent nature and shall include all citizens of the European Union with the right to vote who are in the records of the Romanian Immigration Office and have their domicile or residence in the locality for which they are drawn up list. (2) The supplementary electoral lists shall be drawn up and updated by the mayor together with the territorial formations of the Romanian Immigration Office. (3) The supplementary electoral lists shall be drawn up in two original copies and shall be signed by the mayor, the secretary of the administrative-territorial unit and the head of the territorial formation of the Romanian Immigration Office. Supplementary electoral lists shall be kept in special registers with detachable tabs. (4) The mayor, together with the territorial formations of the Romanian Immigration Office, updates the complementary electoral lists annually, until March 1. In the year when elections are held, the update of the lists is made no later than 45 days from the date of establishment of voting day. (5) Persons who have lost their electoral rights shall be removed from the supplementary electoral list, pursuant to the communication made to the mayor by the court, within 5 days from the final stay of the court decision. (6) If they no longer meet the conditions for exercising the right to vote provided for by this law or if they expressly request their deletion from the electoral lists by written request addressed to the mayor, as well as in case of death, citizens The European Union is radiated by the mayor from the complementary electoral lists. In case of death, the removal of European Union citizens from the complementary electoral lists is based on the communication made by the Romanian Immigration Office. ------------- Article 22 ^ 1 has been introduced by item 8 8 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 22 ^ 2 (1) The supplementary electoral lists shall necessarily include the following: the name and surname of the voter, the date and place of birth, the home Member State, the address to which he lives in Romania, the number of the electoral district. (2) Provisions of para. ((2)-(5) of art. 16 16 shall apply accordingly. (3) The mayors, together with the territorial formations of the Romanian Immigration Office, carry out children from the complementary electoral lists. Copies of the complementary electoral lists shall be submitted by the mayor, on the basis of minutes, in two copies, to the electoral bureaus of polling stations, 3 days before the election date. One copy is made available to voters for consultation and the other is used on Election Day. A copy of the copy shall be kept by the mayor. ((4) The copies of the supplementary electoral lists shall be signed by the mayor, the secretary of the administrative-territorial unit and the head of the territorial party of the Romanian Immigration Office. ((5) The copies of the supplementary electoral lists include the name and surname of the voter, the date and place of birth, the home Member State, the address to which he lives in Romania, the electoral district number, the polling station number and a column for the voter's signature. (6) Any inconsistency between the complementary electoral list and the copy drawn up according to par. (3) shall be settled by the mayor, immediately, on the basis of the data contained in the supplementary electoral list. (7) Any modification in the supplementary electoral list, after sending the children to the electoral office of the polling station, shall be communicated to him by the mayor, within no more than 24 hours. ------------- Article 22 ^ 2 was introduced by the section 8 8 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 22 ^ 3 ((1) Citizens of the European Union with the right to vote who have their domicile or residence in the electoral district where elections are held and are not in the records of the Romanian Immigration Office are registered, upon request, by the mayor in the electoral list complementary, on the basis of a document certifying their identity and a document certifying the address to which they live. (2) Provisions art. 18 18 shall apply accordingly. ((. The document certifying the address shall mean one of the following acts: a) acts concluded under the conditions of validity provided by the Romanian legislation in force, regarding the housing title, namely the sales contract, the rental contract and others; b) the written declaration of the host, natural or legal person, of reception in space, accompanied by one of the documents provided in lett. a); c) the applicant's self-declaration, accompanied by the check note of the public order officer, certifying the existence of a building, the fact that the applicant actually lives at the declared address, for the natural person who does not may present the documents referred to in point a) and b); d) the document issued by the city hall, showing that the applicant is registered in the Agricultural Register, for rural areas. ------------- Article 22 ^ 3 was introduced by the section 8 8 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 22 ^ 4 (1) On the day of voting, the chairman of the electoral bureau of the polling station shall register in the supplementary electoral list the citizens of the European Union omitted from the copy of the supplementary electoral list who shall cast their ballots and prove that they are domiciled residence in the territorial area of the respective polling station, with any of the documents issued by the Romanian Immigration Office or with one of the documents provided for in art. 22 ^ 3 para. ((3). (2) If the voter, citizen of the European Union, changes his address to which he lives in another electoral district after submitting the copy from the supplementary electoral list to the electoral office of the polling station, he shall exercise the right to vote in the electoral district of which the territorial area resides, on the basis of any valid identity document accompanied by the registration certificate attesting to the new address or, as the case may be, the permanent residence card or permanent residence permit attesting the previous address, accompanied by a certificate issued by the competent territorial formation of the Romanian Immigration Office, which attest to the current address. At the same time, in order to exercise the right to vote, the citizen of the European Union may address the mayor an application, accompanied by one of the documents provided by 22 ^ 3 para. (3); the mayor shall immediately communicate to the electoral bureau of the polling station, the request of the citizen of the European Union, for his registration in the supplementary electoral list. (3) In the situations provided in par. (2), the voter is registered, on the day of the elections, on the supplementary electoral list, by the president of the polling station in whose territorial area is the new address to which the person lives. ------------- Article 22 ^ 4 was introduced by the section 8 8 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Section 4 Electoral offices Electoral offices + Article 23 (1) For the organization and conduct of electoral operations shall be established, under the conditions of this law: Central Electoral Office, county electoral offices, constituency electoral offices and electoral bureaus of polling stations. (2) The electoral bureaus shall be composed only of citizens entitled to vote. Candidates cannot be members of the electoral bureaus. (3) In carrying out the tasks assigned to the electoral bureaus, their members shall exercise a function involving the state authority. The correct and impartial exercise of this function is mandatory. + Article 24 (1) The electoral bureaus of the municipal constituency shall consist of 7 members, those of the towns, municipalities and administrative-territorial subdivisions of the municipalities, of 9 members, and that of the city of Bucharest and those of the counties, of 15 members. (2) The electoral district electoral office consists of the president, a deputy of the electoral district and 5 representatives of political parties, political alliances and electoral alliances participating in elections in the electoral district That. (3) The electoral office of district, municipal and administrative-territorial subdivisions of the municipalities consists of the president, a deputy of the municipality and of 7 representatives of political parties, political alliances and electoral alliances participating in elections in the respective electoral district. (4) The electoral district office of the city of Bucharest and the electoral district electoral bureaus consist of the president, a deputy of the district and of 13 representatives of political parties, political alliances and alliances electoral parties participating in elections in the respective electoral districts. (5) The appointment of the President and his lessor shall be made in public session by the President of the Tribunal, within 20 days from the date of the election. The appointment is made, by lot, between the magistrates and the other jurists existing in the county or in Bucharest. The list of magistrates participating in the draw is drawn up by the president of the tribunal, and that of the other jurists, by the prefect, together with the president of the tribunal and one representative from each political party Parliamentary. The lists must include a number of people more than 10% than necessary. Magistrates and other jurists in the list who are not appointed presidents or their deputies remain at the disposal of the president of the tribunal, for the replacement, in special cases, of the holders. The list must include: name, surname, domicile, place of work, phones and signatures of making known of the proposed persons *). ------------- Alin. ((5) of art. 24 24 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. ------- (6) In the list provided in par. (5) Only jurists who, according to the affidavit, are not part of any political party, must be nominated. (7) If the number of magistrates and other jurists is insufficient, the list is completed by the prefect, at the proposal of the mayors, with other persons who enjoy prestige in front of the inhabitants, who do not belong, according to the declaration on their own responsibility, from any political party and having at least secondary education. (8) The date of the meeting in which the draw will be made shall be made public by the press, as well as by display at the door of the court, by the president of the tribunal, at least 48 hours before. The result of the draw is recorded in a minutes, signed by the president. (9) The draw is made on positions: president and deputy. (10) Minutes provided for in par. (8) constitutes the act of investiture. (11) At the written request of political parties, political alliances or electoral alliances, the president of the tribunal together with the prefect shall draw up and make available to them, within 48 hours of the request, the list containing the data necessary to be contacted by the chairmen of the constituency electoral bureaus and their deputies, as well as the addresses and telephone numbers of the headquarters of the constituency electoral bureaus. (12) The electoral district office, constituted according to the previous paragraphs, performs all its duties under this law, to be completed with representatives of political parties, political alliances and alliances electoral candidates who participate in elections in the respective constituency, after the completion of applications. (13) Within 5 days from the date until which applications may be proposed, the local branches of political parties, political alliances and electoral alliances must communicate, in writing, to the constituency electoral bureaus the names and the surnames of their representatives who are part of them. Communications submitted after that period shall not be taken into account. Communications may include a larger number of representatives for the same electoral office. (14) The completion of the constituency electoral bureaus with representatives of political parties, political alliances and electoral alliances shall be made, within 24 hours from the final stay of the candidates, by the President of the electoral, in the presence of persons delegated by political parties, political alliances and electoral alliances that have communicated representatives, in descending order of the number of candidates proposed by each political party, political alliance or the electoral alliance for the local council concerned, plus, where appropriate, the candidate for mayor, as well as the candidate for the position of president of the county council. In the case of the county district electoral office, respectively of the city of Bucharest, the number of all applications submitted by each political party, political alliance or electoral alliance for the county council or for its president, respectively for the General Council of Bucharest, as well as for local and primary councils, registered in the county, respectively in Bucharest. If the total number of representatives communicated according to par. (13) is lower than that of the members of the electoral bureau, the operation to appoint representatives shall be repeated until all places are filled. Only political parties, political alliances and electoral alliances that have proposed several representatives for the same electoral office participate in this phase. A political party, a political alliance or an electoral alliance cannot have more than 3 representatives in the electoral office of the same constituency. ------------- Alin. ((14) of art. 24 24 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (15) Persons who have the status of representatives of a political party, of a political alliance or electoral alliances in the constituency electoral office shall be established in the order mentioned in the communication provided in par. ((13). (16) If two or more political parties, political alliances or electoral alliances have proposed the same number of candidates, their representatives are part of the constituency electoral office, within the limits of seats not occupied by representatives political parties, political alliances and electoral alliances, according to par. ((14), in a more favourable situation; if the application of this provision is not possible for representatives of all political parties, political alliances and electoral alliances in a situation of equality to be included in the the electoral bureau, its chairman shall draw lots, in the presence of the delegates of political parties, political alliances and electoral alliances concerned. (17) If political parties, political alliances and electoral alliances do not nominate representatives, the president of the constituency electoral office shall complete the office, including by drawing lots, persons which are not part of any political party. The draw is made from a list drawn up according to par. (7), within 24 hours of the request of the President of the constituency electoral office. + Article 25 (1) The constituency electoral bureaus shall have the following tasks: a) follow the application of the legal provisions regarding elections in the electoral district in which it operates; b) verify that the permanent and complementary electoral lists have been updated and watch the preparation of the children on the permanent electoral lists and on the complementary electoral lists, as well as the organization of polling stations; ------------- Point b) of par. ((1) of art. 25 25 has been amended by section 4.2 10 10 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. c) register the lists of candidates and independent applications for local councils, as well as candidates for mayor and find their final stay; d) communicate to the electoral office of county district, respectively of the city of Bucharest, the name of political parties, political alliances, electoral alliances and organizations of citizens belonging to national minorities, who submitted lists full of candidates; e) make the necessary publications and displays on the lists of candidates and independent applications for councillors and candidates for mayor and president of the county council; ------------- Letter e) a par. ((1) of art. 25 25 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. f) establish, based on the number of voters registered in the permanent electoral lists and in complementary electoral lists, communicated according to the provisions of art. 22 22 para. (1), the number of supporters required for the submission of independent applications; ------------- Letter f) a par. ((1) of art. 25 25 has been amended by section 4.2 10 10 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. g) distribute to the electoral bureaus of polling stations the ballots, stamp of control and stamps with the mention "voted"; h) resolve the encounterments regarding their own activity and appeals regarding the operations of the electoral bureaus of the polling stations; i) the electoral office of municipal, city, municipal and district electoral district of Bucharest municipality, totals the votes cast and determines the outcome of the elections for the electoral district in which it operates; the counselors and the elected mayor the proving certificate of choice; j) the electoral office of county district, respectively of the city of Bucharest, totals the votes cast for the county council, for the president of the county council, respectively for the General Council of Bucharest and for the general mayor of Bucharest, and establishes the result of the elections; issues to the councillors, respectively the president of the county council and the general mayor of Bucharest, the proof certificate of the choice, transmit to the county council and the General Council Bucharest Municipality, minutes and other documents on the outcome of the elections for councillors, provided in art. 99 99 para. (5), with a view to validating the mandates; ------------- Letter j) a par. ((1) of art. 25 25 has been amended by section 4.2 8 8 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. k) organize, if applicable, the conduct of the second round of elections for mayors; l) communicate data on elections and their result, through the electoral district electoral office, respectively of the city of Bucharest, the Central Electoral Office and the Government and inform the population of the constituency electoral, by any means of advertising, the result of elections; m) I receive from the electoral bureaus of polling stations and hand over to judges, in whose territorial area they operate, the ballots used and uncontested, as well as those cancelled, the electoral lists used, the stamps and the other materials necessary for voting. (2) The full list of candidates shall mean the list that includes the maximum number of candidates for the position of councillor, in accordance with the provisions of art. 6 6 para. ((7). (3) The electoral bureaus of the county district and of the city of Bucharest accredit the internal observers. + Article 26 The constituency electoral office of the city of Bucharest organizes the election of the General Council of Bucharest and of the general mayor of Bucharest, fulfilling accordingly the other duties provided for in the present law for the county constituency electoral office. + Article 27 Within two days from the constitution of the constituency electoral offices, the prefects bring to the public knowledge the premises where they operate, as well as their activity program. ------------- Article 27 has been amended by section 6.6. 11 11 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 28 (1) The electoral bureaus of the polling stations are constituted by a president, a deputy of the polling stations and 5 members in the case of polling stations in communes and cities, respectively 9 members in the case of polling stations in municipalities and sectors Bucharest. ------------- Alin. ((1) of art. 28 28 has been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (2) The president and his deputy shall be appointed by the president of the tribunal, by drawing lots, among the persons registered on a list drawn up by the prefect, at the proposal of the mayors. The draw is done on functions. (3) The president and his deputy are, as a rule, jurists who, according to the affidavit, are not part of any political party. (4) If the number of jurists is insufficient, the list drawn up by the prefect according to par. (2) shall be completed with other persons proposed by the mayor, who have, as a rule, at least secondary education, enjoy prestige in the locality where they reside and do not belong to any political party. The list includes a number of people more than 10% than necessary. The persons referred to in the list, who are not designated presidents or their deputies, remain at the disposal of the president of the tribunal for the replacement, in special cases, of the holders established according to par. ((2). The list must contain the elements provided for in art. 24 24 para. ((5). (5) The provisions of art. 24 24 para. ((8) and (11) shall apply accordingly. (6) The appointment of the President and his lessor shall be made no later than 10 days before the election date. (7) The electoral bureaus of polling stations shall be completed with one representative of political parties, political alliances and electoral alliances participating in elections, in descending order of the number of candidates proposed, according to the Art. 24 24 para. ((14). (8) In order to appoint members of the electoral bureau of the polling station, the president of the constituency electoral office shall communicate to the chairpersons of the electoral bureaus of the polling stations, within 24 hours of their appointment para. (2), the number of candidates proposed by each political party, political alliance or electoral alliance. At the same time, political parties, political alliances and electoral alliances that have submitted lists of candidates or proposals for candidates for mayor in that constituency are obliged to communicate to the president of the electoral office of the polling station or, as the case may be, the chairman of the electoral district electoral office, city, municipal or sector, through the local organizations, the name and surname of their representative. The chairman of the municipal, city, municipal or sector electoral office shall immediately communicate the names and surnames of the representatives of the political parties to the electoral bureau of the polling station. Art. 24 24 para. ((14) shall apply accordingly. ------------- Alin. ((8) of art. 28 28 has been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (9) The appointment of the members of the electoral bureau of the polling station shall be made by its chairman, based on the communications provided in par. ((8). (10) The provisions of art. 24 24 para. (15)-(17) shall apply accordingly, the draw being made by the chairman of the electoral bureau of the polling station. (11) The operations for the appointment of members of the electoral bureau of the polling station shall be recorded in a report constituting the act of investiture. (12) The appointment of the members of the electoral bureau of the polling station and the conclusion of the minutes shall be made within 24 hours after the expiry of the term provided in par. (8), in the presence of delegates appointed by political parties, political alliances and electoral alliances. (13) The electoral bureaus of polling stations shall be constituted on the date of conclusion of the minutes provided in par. ((11). (14) If political parties, political alliances, electoral alliances or organizations of citizens belonging to national minorities who have proposed candidates for mayor and/or president of the county council participating in the second round of elections do not have representatives in the electoral bureaus of polling stations or in the electoral office of the respective constituency, the offices shall be completed with a representative of them. Applications shall be submitted in writing within 48 hours of the results of the first ballot. Provisions of para. ((8) shall apply accordingly. ------------- Alin. ((14) of art. 28 28 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. + Article 29 Electoral bureaus of polling stations shall have the following tasks: a) receive from mayors the copies of the permanent electoral lists, copies of supplementary electoral lists and supplementary electoral lists and ensure the necessary conditions for their verification by the voters; ------------- Letter a) of art. 29 29 has been amended by section 4.2 14 14 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. b) receive from the constituency electoral offices the ballots for the voters who are to vote at the respective section, the control stamp and the stamps with the mention "voted"; c) conduct the voting operations and take all the measures of order in the polling station premises and around it; d) count the votes and record the result of voting for the electoral districts for which it was voted at the respective section, distinctly for the local council, for the mayor, respectively the general mayor of Bucharest, for the county council and the president of the county council, respectively for the General Council of Bucharest; ------------- Letter d) of art. 29 29 has been amended by section 4.2 9 9 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. e) resolve the encounterments regarding their own activity; f) draw up and submit to the constituency electoral office the files provided for in art. 92 92; g) I hand over to the constituency electoral office the ballots used and unchallenged, as well as those cancelled, the electoral lists used, the stamps and the other materials necessary for voting. h) provides, on election day, data on the presence of the voting population, according to a schedule of deadlines set by the Central Electoral Bureau. ------------- Letter h) of art. 29 29 was introduced by section 4.2. 15 15 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 30 The electoral bureaus of the county district and of the city of Bucharest shall properly perform the duties provided for in art. 25, and the following tasks: a) follow the application of the legal provisions regarding elections in all electoral districts of the county, respectively of the city of Bucharest; b) ensure that the other electoral bureaus in the county, respectively in Bucharest, of the decisions of the Central Electoral Office and follow their application and observance; c) carries out the training of the chairmen of the municipal, city, municipal and sector electoral bureaus of the city of Bucharest and of the electoral bureaus of the polling stations in the county; d) realize the centralization of the number of complete lists submitted by political parties, political alliances, electoral alliances and citizens ' organizations belonging to national minorities, based on the communication received from the electoral offices of Municipal, city, municipal and sector district of Bucharest, and transmit to the Central Electoral Office the centralized situation, within 24 hours of preparation; e) receive from the electoral offices of communal, city, municipal, respectively sector district of Bucharest, the minutes containing the result of the elections, centralize the results per county, on political parties, alliances political, electoral alliances and independent candidates and release them. The result of the centralization of the data per county, respectively on the city of Bucharest, is recorded in a minutes, which is transmitted to the Central Electoral Office, according to the provisions + Article 31 (1) In the counties where partial local elections are held in at least two communal, municipal or municipal electoral districts shall be constituted a county electoral office consisting of 2 of the acting judges of the tribunal, determined by drawing lots by the President of the General Court. The draw is made on positions: president and deputy. The other provisions of art. 36 36 para. ((2) shall apply accordingly. (2) Within 24 hours from the establishment of the county electoral office according to par. (1), it shall be completed with one representative of the parliamentary political parties. (3) The county electoral offices constituted according to par. ((1) and (2) properly perform the duties provided for in this Law for the Central Electoral Office. Appeals over the way of organization and the composition of the county electoral office are resolved by the court. (4) In the counties where partial elections are held in a single electoral district no longer shall be constituted a county electoral office, the settlement of the complaints provided for in art. 37 37 para. ((1) lit. h) being made by the court in whose territorial area the respective electoral district is located. The Court shall rule no later than 3 days after the registration of complaints and appeals. The judgment is final. ---------- Alin. ((4) of art. 31 31 has been amended by section 2 2 of art. 48 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (5) Provisions of para. (1)-(4) shall also apply accordingly to the city of Bucharest. (6) In the situations provided in par. (4) the tasks provided in art. 7 7, art. 37 37 para. ((2), art. 56 56 para. ((1) and in art. 127 are fulfilled by the constituency electoral office, and the competence to settle appeals on the organization and composition of the constituency electoral office belongs to the tribunal. + Article 32 (1) If partial local elections are held in the same electoral district for both the local council and the mayor, municipal, city, municipal and subdivision electoral bureaus shall be established. the administrative-territorial of the municipalities, as the case may be, according to 24, the provisions of which shall apply accordingly. (2) The provisions of art. 24 shall also apply if elections are held for the county council, respectively for the General Council of Bucharest Municipality and/or for the president of the county council, respectively for the general mayor of Bucharest. ------------- Alin. ((2) of art. 32 32 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. + Article 33 In the case provided in art. 32 32 para. (1) the electoral bureaus of the polling stations shall be constituted under the conditions and after the distinctions provided in art. 28. + Article 34 (1) In cases where in a municipal, city, municipal electoral district, the administrative-territorial subdivision of a municipality or county is held elections only for the mayor, for the general mayor of the municipality Bucharest, respectively for the president of the county council, the constituency electoral offices, respectively the electoral bureaus of the polling stations are constituted according to art. 24 24 para. ((1)-(11) and art. 28 28 para. ((1)-(6). ------------- Alin. ((1) of art. 34 34 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. (2) The constituency electoral offices shall be filled with representatives proposed by the county organizations, respectively by the organization of the Bucharest municipality, of the parliamentary political parties, which shall submit candidate for mayor, general mayor, respectively by the president of the county council, as members, within the limits provided in art. 24 24 para. ((2), (3) and (4). The completion is made by the president of the constituency electoral office, within 24 hours of his appointment. The completion is made in descending order of the cumulative number of senators and deputies of each party. ------------- Alin. ((2) of art. 34 34 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. (3) If the number of members provided by law is higher than the number of parliamentary parties, the completion operation shall be repeated until the establishment of the office with the number of legally established members. (4) The electoral bureaus of the polling stations shall be completed with representatives proposed by the county organizations, respectively by the organization of the Bucharest municipality, of the parliamentary political parties, which shall submit candidate for mayor, mayor general, respectively president of the county council, as members, within the limits provided in art. 28 28 para. ((1). The completion is made by the president of the electoral bureau of the polling station, within 24 hours of his appointment, in descending order of the cumulative number of senators and deputies of each party. Provisions of para. ((3) shall apply accordingly. ------------- Alin. ((4) of art. 34 34 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. + Article 35 (1) If elections are held in Bucharest only for the public administration authorities at the municipal level, the sector electoral offices provided for in art. 35 35 of Law no. 373/2004 to elect the Chamber of Deputies and the Senate, with subsequent amendments and completions. (2) The electoral offices provided in par. (1) shall be constituted by a president and a deputy of the latter and of 6 members, appointed by the municipal organizations of the parliamentary political parties. If a parliamentary political party does not have an organization in Bucharest, the appointment of the representative is made by the central leadership of the party. (3) The President and his deputy are magistrates appointed by the President of the Bucharest Tribunal, at least 15 days before the election date, by drawing lots of the acting judges of the district court. The date of the public draw meeting is announced in writing to the parliamentary political parties, two days before the date of the deployment, by the President of the Bucharest Tribunal. Representatives of parliamentary political parties have the right to participate in the organization and conduct of the draw. ((4) The completion of the electoral office with representatives of parliamentary political parties shall be made by the President of the Office, within 24 hours of his appointment. The completion is made in descending order of the cumulative number of senators and deputies of each party. (5) If the electoral office cannot be completed by the number of members provided by law, since the number of parliamentary parties is lower than the members of the office, the completion operation shall be repeated until the organization with the legal number of members. (6) The electoral offices of the sectors of Bucharest shall adequately perform the tasks provided for in art. 36 36 and 89 of Law no. 373/2004 , with subsequent amendments and completions. + Article 36 (1) The Central Electoral Bureau is composed of 7 judges of the High Court of Cassation and Justice, the President and vice-presidents of the Permanent Electoral Authority and 11 representatives of political parties, political alliances and electoral alliances. (2) The appointment of judges shall be made in public session, no later than 5 days after the date of elections, by drawing lots, by the President of the High Court of Cassation and Justice, among the acting judges of the High Court. The result of the draw is recorded in a minutes signed by the president and the chief consultant of the High Court of Cassation and Justice, which constitutes the act of investiture. The date of the meeting for the draw is made public by the written and audiovisual press, by the president of the High Court of Cassation and Justice, at least 24 hours before. (3) Within 24 hours after the inauguration, the 7 judges shall choose from among them, by secret ballot, the chairman of the Central Electoral Office and its deputy. (4) Within 24 hours after the election of the President of the Central Electoral Office, the office shall be filled with the chairman and vice-presidents of the Permanent Electoral Authority and with one representative of the parliamentary political parties. (5) Within 48 hours of the final stay of applications, non-parliamentary political parties, political alliances and their electoral alliances, which have submitted complete lists for county councils in at least 18 counties, may propose. one representative in the Central Electoral Office until the number of 11 members is completed. The completion is based on the number of applications submitted for county councils by political parties, political alliances and electoral alliances, and in case of equality, by drawing lots. + Article 37 (1) The Central Electoral Office has the following tasks: a) aims to prepare children from permanent electoral lists and children from complementary electoral lists; ------------- Letter a) a par. ((1) of art. 37 37 has been amended by section 4.2 16 16 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. b) ensure the publication in the Official Gazette of Romania, Part I, of the name and electoral signs of political parties, political alliances, electoral alliances and organizations of citizens belonging to national minorities, legally constituted, who have the right to participate in the election of local public administration authorities, and communicate the list of all constituency electoral bureaus, immediately after their constitution; c) pursues and ensures the proper observance and application of the legal provisions regarding elections throughout the country; ensures the unitary interpretation of their provisions; d) solve the meetings regarding his/her own activity and appeals regarding the establishment, composition and activity of the electoral bureaus of the county district and of the city of Bucharest; e) receives and resolves any challenge regarding the organization and conduct of the election of local public administration authorities, other than those which, by this law, are given within the competence of constituency electoral bureaus or the courts; f) centralizes, based on the communications received from the county district electoral offices and the city of Bucharest, the number of complete lists submitted by political parties, political alliances, electoral alliances and organizations citizens belonging to national minorities and communicate to the Romanian Television Society and the Romanian Radio Broadcasting Society the centralized situation, within 24 hours of preparation; g) receives the minutes drawn up by the electoral bureaus of the county district and of the city of Bucharest, together with the minutes containing the result of the elections, drawn up by the electoral bureaus of communal constituency, city, municipal and sector of the city of Bucharest; it totals the results at national level, on political parties, political alliances, electoral alliances and independent candidates, separately for local councils, county councils, mayors, as well as for the chairmen of the county councils in the Official Gazette of Romania, Part I, and in the press; ------------- Letter g) a par. ((1) of art. 37 37 has been amended by section 4.2 11 11 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. h) resolves the complaints regarding electoral fraud, being able to order the annulment of elections from an electoral district, if it finds, based on the evidence administered, that the voting and the establishment of the election result took place by fraud of nature to modify the attribution of mandates in the respective electoral district; in such cases, it has the repetition of the vote, which takes place no later than two weeks after the finding of fraud. The new elections take place under the same conditions, using the same electoral lists and the same lists of candidates and independent candidates, except in cases where the office was ordered to cancel a list of candidates or proposals to independent applications, in charge of which the commission of the fraud has been held which has led to the annulment The existence of electoral fraud is established by the Central Electoral Bureau on a case-by-case basis, based on the evidence presented by those who invoked it; i) performs any other duties that are established by law. j) organizes and implements a system of data collection and periodical information of public opinion on the presence of the voting population, based on a representative sample at county and national level. ------------- Letter j) a par. ((1) of art. 37 37 was introduced by section 4.2. 17 17 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (2) The Central Electoral Office accredits, at the proposal of the Ministry of Foreign Affairs, foreign observers, as well as foreign media delegates and resolves appeals regarding accreditation or refusal of accreditation by the electoral office of the county district or of the city of Bucharest of the internal observers. (3) In the event of an electoral fraud, the request for annulment of elections from an electoral district can be made only by political parties, political alliances, electoral alliances or independent candidates who participated in elections and only within 48 hours of the vote being closed, under penalty of forfeiture. The application must be reasoned and accompanied by the evidence on which it is based The application may be granted only if the person who has notified the fraud is not involved in its production. The request must be resolved by the date of publication of the election result in the Official Gazette of Romania, (4) In the exercise of their duties, the Central Electoral Office shall issue decisions that are brought to the attention of the public sitting and by any means of advertising. The decisions of the Central Electoral Bureau are mandatory for all electoral offices in the country, as well as for all bodies with powers in electoral matters, from the date of bringing to the public meeting. (5) The decisions of the Central Electoral Office giving interpretations to certain provisions of this law shall be published in the Official Gazette of Romania, Part I. + Article 38 The Central Electoral Office ceases its activity after the publication in the Official Gazette of Romania, Part I, of the election result, according to the provisions of + Article 39 (1) Appeals on the organization and composition of electoral bureaus may be made within 48 hours after the appointment of the presidents and their deputies or, as the case may be, from the completion of the electoral bureaus with representatives of political parties, political alliances or electoral alliances. (2) Appeals shall be settled by the municipal, city, municipal or district electoral office of the city of Bucharest, if they concern the electoral bureau of the polling station, the county electoral district office or the Bucharest, if I look at the electoral office of municipal, city or municipal district, respectively sector of the city of Bucharest, of the Central Electoral Office, if I look at the electoral district electoral office or Bucharest, and the High Court of Cassation and Justice, if I look at the Bureau Electoral Central, within two days of registration of appeals. (3) The decision rendered is final and shall be communicated, in the case of the president of the electoral bureau and its deputy, within 24 hours, to the president of the tribunal who, in case of admission of the appeal, proceed to a new designation. ----------- Alin. ((3) of art. 39 39 has been amended by section 3 3 of art. 48 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 40 The electoral bureaus work in the presence of the majority of the members who compose them and adopt decisions with the majority In the event of a tie, the vote of the president is decisive. ------------- Article 40 has been amended by section 6.6. 18 18 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 41 (1) Representatives of political parties, political alliances and electoral alliances in electoral bureaus shall not receive and may not exercise other duties outside those provided for by this Law. (2) For good reasons, appreciated on a case-by-case basis, representatives of political parties in electoral bureaus may be replaced, at the request of those who proposed them, with the approval of the superior hierarchical electoral office, until the presence of voting, and in death, illness or accident, even on election day. ------------- Article 41 has been amended by section 6.6. 7 7 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. + Article 42 There may not be members of constituency electoral bureaus or electoral bureaus of polling stations candidates in elections, spouses, relatives and their afinii to the second degree inclusive, as well as persons who do not have the exercise. electoral rights. + Section 5-a Applications Applications + Article 43 The number of councillors for local councils and county councils is the one established by order of the prefect, according to the provisions Law no. 215/2001 , republished. + Article 44 Proposals for candidates for local councillors, county councillors, mayors and county council chairmen are made on electoral constituencies and are submitted to constituency electoral offices no later than 40 days. before the election date. ------------- Article 44 has been amended by section 44. 8 8 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. + Article 45 (1) Proposition of candidates shall be made in writing, in 4 copies, by political parties, political alliances, electoral alliances or organizations of citizens belonging to national minorities participating in elections, under the signature of the leadership their county organizations, and in the case of independent candidates, based on the list of supporters. (2) In the case of electoral alliances between political parties, the lists of candidate proposals must also be signed by the county leaders of each political party in the alliance. If the electoral alliances are constituted at the communal, city, municipal or sector level of Bucharest, the lists are signed by the alliance leadership and are countersigned by the management of each local organization in the coalition. (3) The lists of candidates must include the name, surname, place and date of birth, domicile, according to identity document, name, series and number of identity document, occupation, profession and political affiliation of candidates, and in the case of alliances, and the political party that proposed it. (4) The lists of candidates must be accompanied by the declarations of acceptance of the candidacy, signed and dated by the candidates. ------------- Alin. ((4) of art. 45 45 has been amended by section 20 20 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (5) The declaration of acceptance of the candidacy includes the name, surname, domicile, political party or alliance that proposed it, the profession, occupation and political affiliation of the candidate, his express consent to run for office that, as well as the stipulation that it meets the conditions provided by law to run. + Article 46 A person can only accept the candidacy for a single electoral district, unless the candidacy is submitted for both a local council and the county council. + Article 47 Political parties, political alliances and electoral alliances can propose a list of candidates in each electoral district for the local council, for the county council, a candidate for mayor and a candidate for office. President of the county council. ------------- Article 47 has been amended by section 6.6. 13 13 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. + Article 48 (1) Independent candidates for the position of councillor must be supported by a minimum of 1% of the total number of voters registered in the permanent electoral lists and supplementary electoral lists in that constituency, but no longer a little of 50 in the case of communes, 100 in the case of urban localities of Tier II and III and 1,000 in the case of counties, Bucharest, sectors of Bucharest and urban localities of rank I. ------------- Alin. ((1) of art. 48 48 has been amended by section 21 21 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (2) For the office of mayor, independent candidates must submit a list of supporters, which must include a minimum of 2% of the total number of voters registered in the permanent electoral lists and supplementary electoral lists in the constituency for which he is running, but not less than 200 in the case of communes, 300 in the case of cities, 1,000 in the case of municipalities and sectors of Bucharest and 5,000 in the case of Bucharest. Independent candidates for the position of county council president must present a list of supporters, comprising at least 2% of the total number of voters registered in the permanent electoral lists and electoral lists. complementary from the constituency for which he is running, but no less than 3,000. ------------- Alin. ((2) of art. 48 48 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. (3) No lists of independent candidates for the position of councillor shall be admitted. + Article 49 (1) The list of supporters must include the election date, the name and surname of the candidate, the position for which he is running, the name and surname of the supporter, the citizenship, the date of birth, the address, the name, the its signature, as well as the name and surname of the person who drew it up. In the case of citizens of the European Union, the name, series and number of the document issued by the Romanian Immigration Office shall be entered under the heading "Name, series and number of identity document" The person who has drawn up the list is obliged, together with it, to file a declaration on his own responsibility stating the veracity of the signature of the supporters. ------------- Alin. ((1) of art. 49 49 has been amended by section 22 22 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (2) The list of supporters constitutes a public act, with all the consequences provided by law. ((3) Supporters may be only Romanian citizens or citizens of the European Union with the right to vote who have their domicile or residence in the electoral district concerned. A supporter can support one candidate for local councillor, one at the position of county councillor, one at the position of county council president and one for mayor. ------------- Alin. ((3) of art. 49 49 has been amended by section 10 10 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. (4) Supporters of supporters shall be given their own responsibility. (5) The list of supporters must be accompanied by the declaration of acceptance of the candidacy, given under art. 45 45 para. ((4) and (5), and shall be submitted to the electoral office of the constituency for which he is running. + Article 50 (1) The constituency electoral office examines compliance with legal conditions for a person to be able to run, respect for substantive and form conditions of candidate lists, as well as the list of supporters. Applications that meet the legal conditions are registered. Applications that do not meet the legal substantive and form conditions shall be rejected by the constituency electoral office. (2) Two copies of the candidacy proposal shall be kept at the constituency electoral office. The other two copies, certified by the constituency electoral office by the signature of its president and by the application of the stamp, shall be returned to the depositor; one of the copies returned to the depositor shall be registered by him at the court in whose territorial area is the electoral district for which the candidacy is submitted, respectively to the court. (3) Within 24 hours from the registration of each application, one of the copies of the proposal for candidacy shall be displayed by the constituency electoral office at its headquarters, in a visible place. (4) The persons who on the date of submission of the application do not meet the legal conditions to be elected. The applications of these persons shall be rejected by the constituency electoral office. + Article 51 Candidates can opt out of candidacy until the date of final stay of applications. To this end, they shall submit to the constituency electoral office a declaration of waiver, signed and dated by the one concerned. ------------- Article 51 has been amended by section 1. 23 23 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 52 (1) The acceptance by the constituency electoral office of a candidacy may be challenged by citizens, political parties, political alliances and electoral alliances, no later than 48 hours after the application was posted. (2) The rejection by the constituency electoral office of a candidacy may be challenged by the candidate, political parties, political alliances or electoral alliances that have proposed the respective candidacy, no later than 48 hours after Rejection. (3) Appeals must contain the name and surname, address and quality of the objector, the name and surname of the person whose candidacy has been admitted or rejected, the presentation of the grounds of appeal, the date and signature of the objector and the indication, if applicable, of the person designated to represent him. (4) The appeal and, if applicable, the appeal application shall be submitted to the court competent to settle them, under penalty of nullity. ----------- Alin. ((4) of art. 52 52 has been amended by section 4 4 of art. 48 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (5) Appeals regarding admission or rejection of applications shall be settled within 48 hours after registration, by the court or tribunal, in whose territorial area the electoral district is located. The judgment is not communicated. (6) Against the judgment given in the appeal can be appealed within 24 hours of the ruling, to the higher hierarchical court. The call shall be resolved within 24 hours of registration. ----------- Alin. ((6) of art. 52 52 has been amended by section 4 4 of art. 48 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (7) The judgment in appeal is final. ----------- Alin. ((7) of art. 52 52 has been amended by section 4 4 of art. 48 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 53 After the expiry of the application deadline, plus, if applicable, the time limits provided for in art. 52 52 para. ((1), (2), (5) and (6), the constituency electoral offices conclude a report by which they find the final stay of the applications. The final applications shall be displayed at the headquarters of the constituency electoral office, as well as at the polling stations, after the establishment of their electoral bureaus, specifying the name and surname, political affiliation, profession and Candidate occupation. Definitive applications can also be made public by any means of mass information, the expenses being borne by those interested. + Article 53 ^ 1 (1) Citizens of the European Union may apply in the administrative-territorial unit where they are domiciled Proposals for applications shall be submitted under the same conditions as for Romanian citizens. ((2) Where the lists of candidates include citizens of the European Union, the following particulars shall be entered in their right: the name, surname, home Member State, place and date of birth, the address at which they live in Romania, the occupation, profession and political affiliation, and in the case of alliances, and the political party that proposed it. ((3) In the case of the application of a citizen of the European Union, the declaration of acceptance of the application includes the name, surname, home Member State, address in Romania, occupation, profession and political affiliation, to run for that office, as well as to specify that it meets the conditions provided by law to run. The declaration of acceptance of the candidacy is accompanied by a document certifying the address in Romania, according to art. 22 ^ 3 para. (3), or by a document issued by the Romanian Immigration Office. (4) With the submission of the application, in addition to the documents necessary for Romanian citizens, the citizens of the European Union present a document certifying their identity and a self-declaration containing the following mentions: a) that they are not deprived of the right to apply in the home Member State, following a final criminal or civil judgment; b) that they do not hold positions in another member state of the European Union, equivalent to incompatible functions in Romania with the status of local elected. (5) Within 24 hours from the submission of the application, the constituency electoral office shall reject by decision all proposals for applications that do not contain in the declaration on their own responsibility the mention provided in par. ((4) lit. a). ------------- Art. 53 ^ 1 was introduced by item 24 24 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Section 6 Ballot papers Ballot papers + Article 54 The models of the ballots are established by Government decision and are different for local councils, for county councils, respectively the General Council of Bucharest, and for mayors, respectively for the general mayor of Bucharest. the city of Bucharest, as well as for the presidents of ------------- Article 54 has been amended by section 4. 15 15 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. + Article 55 (1) The ballot consists of several tabs. On the inner pages of the ballot paper shall be printed quadrangles in sufficient number to include all lists of applications, namely all independent candidates, in such a way that the last page remains white for the application of the stamp of control of the polling station; the pages of the ballot are numbered. The ballots are ticking. (2) The squares shall be printed parallel to each other, two columns on the same page. The quadrangles are numbered, starting with the first quadrilateral of the left column of the first interior page, which receives the order number 1, and continuing with the first quadrilateral of the right column, which receives the order number 2, numbering continuing until the last quadrilateral. (3) At the angle on the upper left side of each quadrilateral shall be printed the name of the political party, political alliance, electoral alliance or organizations of citizens belonging to national minorities participating in elections or, where appropriate, the mention "Independent candidate", and in the angle on the top right the electoral sign is printed. (4) In the patrols of each ballot paper the lists of candidates shall be printed; candidates shall be identified on the list by name and surname and shall be entered in the order established by the political party, political alliance or electoral alliance that has submitted the list. (5) For the election of the mayor and the president of the county council shall be printed in the patrols of the ballot paper, outside the elements provided in par. ((3), name and surname of the candidate. ------------- Alin. ((5) of art. 55 55 has been amended by section 16 16 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (6) The dimensions of the ballot shall be established by the constituency electoral office, taking into account the number of patrols, as well as the space necessary for printing the name of the candidates and the other data provided in par. ((3), (4) and (5). (7) The voting bulletins shall be printed on paper provided from the state reserves, under the conditions established by Government decision. ------------- Alin. ((7) of art. 55 55 has been amended by section 25 25 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (8) In order to establish the number of orders on the ballots that include lists of candidates or independent candidates for councillors, for mayors, as well as for the chairmen of the county councils shall be done as follows: a) in the first stage, the lists submitted by the parliamentary political parties, political alliances and electoral alliances containing at least one parliamentary political party shall be included in the patrols of the ballot in the order resulting from the draw carried out by the president of the electoral district office, respectively of the city of Bucharest, in the presence of the majority of its ------------- Letter a) a par. ((8) of art. 55 55 has been amended by section 4.2 11 11 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. b) in the second stage, the lists submitted by the non-parliamentary political parties, the political alliances and their electoral alliances shall be printed in the following quadrangles of the ballot, in the order resulting from the draw made by the president of the electoral office of communal, city, municipal and sector constituency of Bucharest, respectively by the president of the county district electoral office and the city of Bucharest. ------------- Alin. ((8) of art. 55 55 has been amended by section 16 16 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. ((9) The order established according to par. ((8) lit. a) is valid for all electoral districts in the county, respectively in Bucharest, including for the county electoral district, respectively of the city of Bucharest. The order established according to para. ((8) lit. a) and b) is also valid in the case of the ballot for the election of the mayor and the president of the county council ------------- Alin. ((9) of art. 55 55 has been amended by section 16 16 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (10) For each independent candidate, including the independent candidates for mayor and the county council president, a distinct quadrilateral shall be printed in the final part of the ballot, in which they are enrolled in the the order of registration. ------------- Alin. ((10) of art. 55 55 has been amended by section 16 16 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. ((11) The order established according to par. (8)-(10) is communicated to the prefect by the president of the electoral district electoral office, respectively by the chairmen of the municipal, city, municipal and sector electoral bureaus of Bucharest, in hours after the draw was made. (12) The draw provided in par. (8) is made in the presence of representatives of political parties, political alliances and electoral alliances that submit lists of candidates. + Article 56 (1) Political parties, political alliances, electoral alliances and citizens ' organizations belonging to national minorities can establish electoral signs, which they communicate to the Central Electoral Bureau within 10 days of the establishment of it. ------------- Alin. ((1) of art. 56 56 has been amended by section 26 26 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (2) Political parties, political alliances and electoral alliances that participated in the previous local elections may keep their electoral signs, having the obligation to communicate to the Central Electoral Bureau according to par. ((1). The electoral signs used in the previous elections cannot be used by other political parties, political alliances or electoral alliances except with the written consent of those to whom they belonged, respectively of the parties that made up the alliance Initial. (3) Electoral signs cannot be contrary to the rule of law and good morals and cannot reproduce or combine the national symbols of the Romanian state, other states, 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 signs communicated to the Central Electoral Office must be clearly distinguished from the previously recorded ones, being forbidden to use the same graphic symbols, whatever the geometric figure in which they are framed. It can be used as an electoral sign the permanent sign declared when registering the political party or political alliance. (5) In all electoral districts, political parties, political alliances and electoral alliances, formed at national and county level, must use the same electoral sign. (6) In the case of new electoral signs, if the same sign is requested by several political parties, political alliances or electoral alliances, the award is made for the benefit of the political party, political alliance or electoral alliance that recorded the first sign. If the priority cannot be established, the draw made by the President of the Central Electoral Bureau is carried out. (7) The Central Electoral Office shall publish the electoral signs the day after the expiry of the term provided in par. (1) and communicate them to the prefects, until the date of final stay of the applications, in order to print them on the ballots. + Article 57 (1) The printing of ballot papers shall be ensured, through the care of the prefects, by the constituency electoral bureaus. (2) For the entire electoral district, the ballots are printed in letters of the same size, the same characters and the same ink, in an equal number with the voters registered in the electoral lists, with an extra 10%. (3) Through the care of the prefects, a copy of the first circulation for each type of ballot, from each electoral district, is presented to the members of the county electoral district office. They have the right to ask the prefect to reprint the ballots if the names of the candidates, the electoral sign or the name of political parties, political alliances or electoral alliances are incorrectly printed or not visible. (. Voting bulletins shall be printed no later than 10 days before the elections. + Article 58 (1) Ballots shall be distributed to electoral districts through the care of prefects. The ballots shall be taken by the mayor, together with the president of the constituency electoral office, on the basis of minutes, and shall be kept in special rooms, locked and sealed. The ballots shall be handed over to the chairmen of the electoral bureaus of polling stations, on the basis of minutes, at the latest in the presence of elections. (2) Distribution and handing over of ballots shall be made in sealed packages of 100 pieces each. + Article 59 At the headquarters of the town hall and the constituency electoral office, as well as at the premises of the polling stations, it is displayed, within 3 days from the expiry of the print deadline, one ballot from each category, after being targeted and cancelled by the president of the constituency electoral office. + Article 60 At the request of political parties, political alliances, electoral alliances or independent candidates participating in the elections, the constituency electoral office shall issue, for each, one ballot of each category, concerned and cancelled. + Section 7 Electoral campaign Electoral campaign + Article 61 The election campaign begins 30 days before the election date and ends on the Saturday preceding the election date at 7.00. + Article 62 (1) In the electoral campaign, candidates, political parties, political alliances, electoral alliances, as well as citizens have the right to express their opinions freely and without any discrimination, through rallies, gatherings, the use of television, the radio, the press and the other media. (2) During the electoral campaign, candidates shall be provided, in a non-discriminatory manner, with appropriate spaces to meet with voters. The spaces can be located at the city hall, in schools, universities, houses of culture, cultural hostels and cinemas and are provided on the basis of understanding on maintenance expenses. (3) The means used in the electoral campaign cannot contravene the law order. (4) It is forbidden to organize electoral campaign actions in military units, as well as in spaces in schools and universities during the course of the courses. + Article 63 (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 vote knowingly; b) of political parties, political alliances, electoral alliances, organizations of citizens belonging to national minorities and candidates, to make themselves known and to present their platforms, political programs and electoral offers; c) of the 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, as well as all candidates. + Article 64 (1) During the electoral campaign, information on the electoral system, voting technique, electoral campaign calendar, political programs, opinions and messages with electoral content must be presented exclusively in the following types of shows: a) informative broadcasts-in which information on the electoral system, voting technique and campaign activities of candidates can be disseminated; for this purpose the scheduled duration of the informative show can be increased by no more than 15 minutes; b) electoral broadcasts-in which candidates can present their political programs and electoral campaign activities; c) electoral debates-in which candidates, journalists, analysts and other guests call into question the electoral programs and themes of public interest. (2) Private radio and television stations, including cable television, can organize, within their own schedule, broadcasts of the type provided in par. ((1). (3) The missions referred to in par. (1) may not be considered electoral advertising. (4) Advertising spots of 20-30 seconds that urge the electorate to vote for a candidate or a list of candidates may be broadcast only within the broadcasts provided in par. ((1) lit. b) and c). (5) It is forbidden to buy broadcasting spaces in order to broadcast videos or electoral broadcasts. + Article 65 ((1) Access of parliamentary political parties, political alliances and their electoral alliances, as well as independent candidates for public broadcasting and television services, including those of the territorial studios of They are free. Non-parliamentary political parties, political alliances and their electoral alliances shall have free access to the territorial public broadcasting and television services only in so far as they submit lists of candidates in at least 50% of the electoral districts on the content of a county within the coverage of the respective territorial studios. The antenna time granted in these situations must be proportional to the number of full lists of candidates submitted in that territory and shall be calculated by the Romanian Television Society and the Romanian Radio Broadcasting Company within 24 hours after receiving the communication of the data transmitted by the Central Electoral Office. National public broadcasting and television services have access to non-parliamentary political parties, political alliances and electoral alliances that submit full lists of candidates in at least 50% of electoral districts of 15 counties. The antenna time is granted after the final stay of the applications, must be proportional to the number of full lists of candidates submitted and is calculated by the Romanian Television Society and the Romanian Radio Broadcasting Society hours after receiving the communication of the data transmitted by the Central Electoral Office. (2) The organizations of citizens belonging to national minorities have access to territorial and national public broadcasting and television services, if they participate in elections with lists of candidates in electoral districts in the counties and in proportional to their share in the total population of the county, respectively of Romania. (3) Until the calculation of the antenna times, according to par. (1) and (2) parliamentary political parties, their alliances and citizens ' organizations belonging to national minorities represented in Parliament receive antenna times in proportion to their parliamentary share. ((4) Access to political parties, political alliances, electoral alliances, as well as independent candidates and citizens ' organisations belonging to national minorities in private broadcasters, including cable television, is made free of charge only within the broadcasts that have an electoral character, according to the provisions of art. 64. (5) It is forbidden to contract airtime for advertising purposes, for and in favour of participants in the electoral campaign, or the disposal of the antenna times of candidates by commercial companies with public or private capital, institutions public, non-governmental organisations or individuals. (6) Political parties, political alliances and electoral alliances, independent candidates, as well as citizens ' organizations belonging to national minorities are required to request, at the latest 40 days before the election date, the management of public and private broadcasting and television stations or, as the case may be, their territorial studios for the granting of antenna times. Requests made after this deadline shall not be taken into account. ------------- Alin. ((6) of art. 65 65 has been amended by section 27 27 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (7) Antenna times at public and private broadcasters and televisions, including those by cable, are granted to political parties, political alliances and electoral alliances, every Monday, Tuesday, Wednesday, Thursday and Friday. Each independent candidate has the right to airtime, at the territorial studios, of no more than 5 minutes, summed up for the entire duration of the electoral campaign. Independent candidates from electoral districts in Bucharest municipality and those from county seat municipalities, who are not within the coverage of a studio, have access to national public broadcasting and television services in Bucharest. the same time interval of no more than 5 minutes, summed up for the entire duration of the electoral campaign. (8) Emissions transmitted during the broadcasting time to each political party, to each political alliance and electoral alliances, to independent candidates and to the organizations of citizens belonging to national minorities shall be carried out live or register, in the proportions set by them. (9) In the context of the electoral issues, the combination of colors, graphic signs or sounds is forbidden to evoke the national symbols of Romania or another state. + Article 66 (1) During the electoral campaign, candidates and representatives of political parties in competition have access to public and private broadcasters only on electoral broadcasts and debates, under the conditions of art. 63 63, 64 and 65. (2) During the electoral campaign, candidates and representatives of political parties in competition cannot be producers, makers or moderators of broadcasts made by public and private broadcasters. + Article 67 (1) Public and private broadcasters have the obligation to ensure, through technical and editorial measures, the coverage of the electoral campaign in a fair, balanced and impartial manner. (2) The information missions shall be subject to the obligation of objectivity, fairness and the correct information of the public. ((3) Candidates who already have public office may appear in informative broadcasts strictly on issues related to the exercise of their function. (4) If special facts or events of public interest are presented in the informative broadcasts, in addition to the point of view of the authorities, an opposite point of view must be presented. + Article 68 (1) Emissions and electoral debates must ensure equal conditions for all candidates in terms of freedom of expression, pluralism of opinions and equidistance. (2) In the framework of electoral broadcasts, candidates shall have the following obligations: a) not to endanger the constitutional order, the public order, the safety of persons and goods; b) not to make statements that may prejudice human dignity or public morals; c) to prove any accusations with criminal or moral incidence against another candidate; d) not incite hatred or discrimination on the grounds of race, religion, nationality, sex, sexual orientation or ethnicity. + Article 69 The makers and moderators of electoral broadcasts and debates have the following obligations: a) be impartial; b) to ensure the balance necessary to conduct the issue, giving each candidate participating in discussions the opportunity to present his opinions; c) to make clear the questions, without being biased or biased; d) ensure that the debate is maintained in the sphere of interest of the electoral campaign and the established topics; e) to intervene when, through behaviors or expressions, the guests violate the provisions of art. 68 68 para. (2); if the guests do not comply with the requests, the moderator may decide to interrupt his microphone or stop the show, as the case may be. + Article 70 (1) 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. + Article 71 hours before voting day are prohibited: a) the presentation of opinion polls or the dissemination of electoral advertising spots; b) inviting or presenting candidates in programs, except in the situations provided in art. 73 73 para. ((4); c) comments on the electoral campaign. + Article 72 On the day of voting it is forbidden to present polls conducted at the exit of the polls, before the vote is closed. + Article 73 (1) Candidates and political parties whose legitimate rights or interests have been harmed by the presentation in an electoral program of untrue facts shall be entitled to reply. ((2) Candidates and political parties whose legitimate rights or interests have been harmed by the presentation in an electoral program of inaccurate information shall be entitled to rectification. (3) The broadcasters have the following obligations regarding the right of reply and rectification: a) decide to grant or not grant the requested right no later than 24 hours after the receipt of a written request; if the request relates to a broadcast on the last day of the electoral campaign, the decision must be taken no more than 12 hours after receipt of the request; b) to communicate to the applicant, within the time limits provided in a), by telephone and/or in writing, the decision taken; in case of failure to grant the requested right, the reasons must be communicated to the applicant and the National Audiovisual Council; c) to broadcast, if it decides to grant the requested right, to rectify or reply within 48 hours from the receipt of the request; in the event that the issue covered by the complaint was broadcast on the last day of the campaign electoral, rectification or reply shall be disseminated in the presence of voting; d) to broadcast, if the National Audiovisual Council wins the applicant's cause, reply or rectification within the term and under the conditions communicated to the broadcaster. (4) In the presence of voting, broadcasters must provide in the programme, immediately after the evening information show, a broadcasting space for the dissemination of rectifications and replicas as a result of referrals referring to broadcasts in the last Campaign day. + Article 74 ((1) The broadcasters must ensure the registration of broadcasts for the electoral campaign under the conditions established by the National Audiovisual Council. (2) The records of broadcasts for the electoral campaign must be kept at the disposal of the National Audiovisual Council, during the electoral campaign and for 30 days after the official communication of the results. + Article 75 (1) Failure to comply with art. 63-74 draws on the application of sanctions Audiovisual Law no. 504/2002 , with subsequent amendments and completions. (2) The facts shall be found and the sanctions shall be applied by the National Audiovisual Council which shall self-report or be notified by those concerned. + Article 76 (1) Mayors are obliged until the start of the electoral campaign to establish special places for electoral display, taking into account the number of political parties, political alliances and electoral alliances that declare that they submit lists of candidates, candidates for mayor, as well as independent candidates. These places must be located in areas frequented by citizens, without the embarrassment of traffic on public roads and other activities in those localities. (2) The use of electoral display places is allowed to political parties, political alliances and electoral alliances participating in elections and independent candidates. (3) It is forbidden to use by a political party, political alliance, electoral alliance or independent candidate of special places of electoral display, so as to prevent their use by another political party, alliance politics, electoral alliance or independent candidate. On an electoral panel each political party, political alliance, electoral alliance or independent candidate can apply a single electoral poster. (4) 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. (5) In places other than those established according to par. (1) the electoral display is allowed only with the consent of the owners, administrators or, as the case may be, the holders. (6) Electoral posters combining colors or other graphic signs are prohibited so as to evoke the national symbols of Romania or another state. (7) Public order bodies shall be obliged to ensure the integrity of the panels and electoral posters. + Article 77 (1) Constituency electoral bureaus shall ensure the correct conduct of the electoral campaign in the constituency in which it operates, addressing complaints addressed to them regarding the prevention of a political party, political alliance, alliance electoral or independent candidate to conduct his electoral campaign under the conditions provided by law and in compliance with electoral deontology. (2) If the constituency electoral office considers, on the occasion of the resolution of the complaint, that administrative measures or the application of contravention or criminal sanctions are necessary, the competent authorities shall notify the competent authorities. (3) Against the solution given by the electoral office of communal, city, municipal or sector district of Bucharest municipality can be challenged at the electoral district electoral office, respectively at the electoral office of constituency of the city of Bucharest, and against the solution given by the county district electoral office or the constituency electoral office of the city of Bucharest can be appealed to the Central Electoral Office; the given solution the appeal is final. (4) The resolution of complaints and appeals shall be made within 3 days of their registration, and the decisions given shall be published in the press and shall be displayed visibly at the headquarters of the electoral office that issued them. (5) The electoral campaign, at national level, for the second round of elections starts from the date of official communication of the results of the first round of elections, except for the electoral campaign carried out through public broadcasting services and television. ------------- Alin. ((5) of art. 77 77 has been introduced by section 28 28 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (6) Within 24 hours of the totalling of votes at national level, public broadcasting and television services shall allocate new antenna times for political parties that have candidates in the second round of elections, proportionally. with the number of candidates, as well as for independent candidates. ------------- Alin. ((6) of art. 77 77 has been introduced by section 28 28 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Chapter III Holding elections Holding elections + Article 78 (1) Each polling station shall possess a sufficient number of cabins, ballot boxes and voting stamps, which shall be provided by the mayors. (2) The cabins and the boxes must be placed in the same room where the president of the electoral bureau of the polling station and its members operate. (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 election day, at 18.00, being obliged to order the necessary measures to ensure order and correctness of voting operations. The president of the electoral bureau of the polling station has the removal of electoral propaganda materials of any type from and from the building of the polling station headquarters. ------------- Alin. ((3) of art. 78 78 has been amended by section 29 29 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (4) The President shall arrange the fixing of the guard posts around the voting place. + Article 79 (1) On election day, at 6.00, the chairman of the electoral bureau of the polling station, in the presence of the other members, shall check the boxes, booths, existence of electoral lists, ballots and stamps necessary for voting, after which he closes and seals the ballot box by applying the control stamp of the polling station. (2) The President shall be obliged to ensure the application of the control stamp of the polling station on the ballot papers, on their last page. + Article 80 (1) 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. For this purpose his powers extend outside the polling station, up to a distance of 500 meters. (2) Foreign observers and internal observers, accredited for this purpose, may assist in conducting the voting operations. (3) Representatives of non-governmental organizations that have the sole purpose of defending human rights and are legally constituted may be accredited as internal observers. People designated by these organizations cannot be members of any political party. (4) Accreditation of internal observers can be challenged at the Central Electoral Office. (5) Outside the members of the electoral bureau of the polling station, candidates, persons accredited according to the law, as well as the representatives of the Romanian and foreign media, 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. (6) In order to maintain order in the polling station premises and its surroundings, the chairman of the electoral bureau of the polling station has at his disposal the necessary means of order, made available through the care of the prefects. + Article 81 Voting takes place in one day. It starts at 7.00 and closes at 21.00. + Article 82 (1) Voters shall vote only at the polling station where the street or locality is aronded, according to the delimitation made according to art. 15, and where they are registered in the copy of the permanent electoral lists, in the copy of the complementary electoral lists or in the supplementary list drawn up by the mayor according to the provisions of 19 19 para. ((1). ------------- Alin. ((1) of art. 82 82 has been amended by section 30 30 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (2) The access of voters to the voting hall takes place in series corresponding to the number of offices Each voter shall present the identity document to the electoral bureau of the polling station which, after checking the registration in the electoral list of the one concerned, entrusts him with the ballots and the stamp with the mention "voted". ((3) Voters shall vote separately, in closed cabins, by applying the stamp "voted" in the quadrilateral that includes the list of candidates or the name of the candidate they vote for. (4) The stamp with the words "voted" must be round and so dimensioned as to be less than the quadrangle in which it is applied. (5) After voting, voters bend the ballots so that the white page bearing the stamp of control remains outside and inserts them into the urn, taking care not to open. (6) The misrepresentation of the ballot does not attract the nullity of the vote, if the secret of the vote is ensured. (7) If the ballot opens in such a way that the secret of the vote is no longer insured, it shall be cancelled and given to the voter, only once, a new ballot, making mention of it in the minutes of the vote. voting operations. (8) The stamp with the mention "voted", entrusted for voting, shall be returned to the president, who shall apply it on the identity document, mentioning the date of the vote. In the case of voters who vote on the basis of the identity card, a sticker stamp is applied on its version with the mention "voted" and the date of the vote. (9) The President may take measures that the stationing of a voter in the polling booth should not be unduly extended. + Article 83 By exception to the provisions of art. 82 82 para. (1), the chairman and members of electoral bureaus of polling stations, as well as auxiliary technical staff and personnel in charge of maintaining order shall vote at the polling station where they perform their duties, if they reside in the establishment the administrative-territorial for which it is voted at that section. They must be registered by the chairman of the electoral bureau of the polling station in the supplementary list and must be removed from the copy on the permanent electoral list existing at the polling station in whose radius they reside, at request of the president of the electoral bureau of the + Article 84 Candidates and voters have the right to challenge the identity of the person who shows up to vote. In such cases, the identity of the concerned shall be determined by the chairman of the electoral bureau of the polling station by any means If the appeal is based, the president of the electoral bureau of the polling station stops the contested voter from voting, records the fact in a report and notifies the police authorities. + Article 85 (1) The chairman of the electoral bureau of the polling station may suspend the voting for thorough reasons. The suspension shall not exceed one hour and shall be announced by display at the door of the voting venue at least one hour in advance. The duration of all suspensions may not exceed two hours. (2) During the suspension, ballot boxes, stamps, ballots and all works of the electoral office remain under permanent guard, and members of the office cannot leave the polling room at the same time. (3) Persons who, according to art. 80 80 para. (5), have the right to attend the voting may not be required to leave the voting hall during the suspension of operations. + Article 86 (1) The presence of any person in the voting booths, outside the voting booth, shall be prohibited. (2) 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, in order to help him, an attendant chosen by him. Persons running in the constituency in whose territorial area the respective polling station is located cannot accompany other persons to the polling booth in order to help them vote. ------------- Alin. ((2) of art. 86 86 has been amended by section 31 31 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 87 (1) For non-transportable voters due to illness or disability, the president of the electoral bureau of the polling station may approve, at their written request, that a team of at least two members of the electoral bureau should travel with a special urn and with the material necessary for voting-the stamp with the mention "VOTED" and ballots-at the place where the voter is located, in order to carry out 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. (2) In the cases provided in par. ((1), voting shall be made only on the basis of an extract personally drawn up by the president of the electoral office on the copy of the permanent electoral list, the copy of the complementary electoral list or the additional list existing at The list shall be signed by the President and stamped, and the persons contained in these extracts must be removed from the other lists existing at the station. (3) In the manner provided in par. ((1) and (2) may vote only on persons residing in the territorial area of the respective polling station and only if the secret of the vote is ensured. Citizens of the European Union must comply, as appropriate, with the conditions laid down in Article 22 ^ 1 para. ((1), art. 22 ^ 3 para. ((1) or art. 22 ^ 4 para. ((1) and (2). ------------- Article 87 has been amended by section 6.6. 32 32 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 88 At 21.00 the president of the electoral bureau of the polling station declares the voting closed. + Chapter IV Establishment and finding of election results Establishment and finding of election results + Section 1 Establishment of voting results Establishment of voting results + Article 89 (1) After the closing of the polling station, the president, in the presence of the members of the electoral bureau, triggers the operations of counting the ballots and recording the voting result, as follows: a) seal the box slot, insert the stamps with the mention "VOTED" in an envelope that is sealed by applying 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 constituency electoral office; b) cancel the unmet ballots, by registering on the diagonal of the first page of the term "CANCELLED" or by applying a stamp with the mention "CANCELLED". The number of these bulletins shall be entered under the heading f) of the minutes provided by 90 90 para. ((3); c) establishes the number of voters registered in the copy of the permanent electoral list, respectively in the copy of the complementary electoral list received from the mayor of the administrative-territorial unit on whose radius the polling station is based It is forbidden, under sanction art. 103 lit. o), that on these lists there should be deleted, amendments or additions, other than those resulting from the application of art. 87 87 para. ((2). The result of the counting shall be entered a1, respectively a2 of the model of the minutes provided by art. 90 90 para. ((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 are recorded in the minutes in section 4.2. b1, b2, respectively b3 and b4 of the model provided for in art. 90 90 para. ((3); e) after the unsealing of the ballot box are the votes found in the box, highlighting separately the valid votes cast, respectively the votes void for the local council, mayor, county council, county council president or, as the case may be, the General Council of Bucharest Municipality and the General Mayor of Bucharest; f) read aloud, at the opening of each ballot, the list of candidates who was voted or, as the case may be, the name and surname of the independent candidate or the name and surname of the candidate for mayor or surname and surname candidate for president of the county council who was voted and shows the ballot to those present; open ballot papers are selected according to the local council, mayor, county council, council president county and, as the case may be, according to the General Council of Bucharest Municipality and the Mayor general of the city of Bucharest, are placed according to political parties, political alliances, electoral alliances and independent candidates and are counted and related separately; g) record the result of voting in separate tables for the local council, for the county council, for the mayor, respectively for the president of the county council, by a member of the electoral bureau of the polling station, designated by president; if the results are present and candidates are present, they have the right to draw up a table; in the case of Bucharest, a separate table for the General Council of Bucharest, as well as one for the general mayor of Bucharest; h) in the tables referred to in lett. g) the total number of voters, the total number of null votes, the lists of candidates or, as the case may be, the names and surnames of independent candidates, and the names and surnames of candidates for mayor and candidates for the position of president of the county council, as well as the number of valid votes cast for each; the tables thus drawn up are working tools for the completion of the minutes; i) 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 patrollers. The vote 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) The opening of the polls shall be made only in the presence of the members of the office and, where appropriate, of persons entitled to attend the voting As delegates, representatives of all political parties, political alliances and electoral alliances that participated in the elections and do not have representatives in the electoral office of the polling station can participate in the counting of votes. The accreditation of delegates is made by the electoral offices of communal, city, municipal or sector constituency, as the case may be, at the written request of the heads of the county organizations of political parties, political alliances and alliances electoral, made at least two days before the election date. ------------ Article 89 has been amended by section 6.6. 12 12 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. + Article 90 (1) After counting the votes, the chairman of the electoral bureau of the polling station concludes, separately for the local council, for the county council, for the mayor, as well as for the president of the county council one minutes, in two Exemplary. ------------- Alin. ((1) of art. 90 90 has been amended by section 18 18 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (2) In Bucharest, the president of the electoral bureau of the polling station concludes, according to the same model, and one minutes for the General Council of Bucharest and one for the general mayor of Bucharest. (. The minutes shall include: a) the total number of voters provided in the electoral lists existing in the polling station (section a = section a1 + section a2 + section a3 + section a4), of which: a1) the total number of voters according to the copy of the permanent electoral list (item a1 ≥ 1 b1); a2) the total number of voters according to the copy of the supplementary electoral list (item a2 ≥ 1 b2); a3) the total number of voters according to supplementary electoral lists (item a3 ≥ 1 b3); a4) the total number of voters for whom the special ballot box has been used (pt. a4 ≥ 1 b4); b) the total number of voters who went to the polls, registered in the existing electoral lists at the station (section b = section b1 + section b2 + section b3 + section b4), of which: b1) the total number of voters who went to the polls, registered in the copy of the permanent electoral list; b2) the total number of voters who went to the polls, registered in the copy of the supplementary electoral list; b3) the total number of voters who went to the polls, registered in the supplementary electoral lists; b4) the total number of voters who went to the polls, where the special ballot box was used; c) the total number of valid votes cast (pt. c ≤ section b-section d) c = amount of valid votes cast in section g); d) number of null votes; e) the number of ballots received (item ≥ c + section d + section f); f) number of ballots not used and cancelled; ------------ Letter f) a par. ((3) of art. 90 90 has been amended by section 4.2 13 13 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. g) the number of valid votes cast, obtained by each list of candidates or by each independent candidate for the position of councillor, or, as the case may be, the number of valid votes cast, obtained by each candidate for mayor or for the position of President of the County Council ------------ Letter g) a par. ((3) of art. 90 90 has been amended by section 4.2 13 13 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. h) the short exposure of the met and the way of settling them, as well as of the appeals submitted to the constituency electoral office; i) the state of the seals on the ballot at the end of voting. ------------- Alin. ((3) of art. 90 90 has been amended by section 34 34 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. ((4) The minutes shall be signed by the President and the members of the electoral bureau of the polling station and shall bear the stamp of control. The signatures shall be placed next to the name and surname and, as the case may be, of political affiliation, respectively after the indication of the abbreviated name of the political party they represent. (5) The lack of signatures of some members of the electoral bureau has no influence on the validity of the minutes and elections. The president mentioned the reasons for the signing. (6) The members of the electoral bureaus of the polling stations shall be issued, upon request, by the president of the electoral bureau a copy of each minutes. The application must be made in writing before the minutes are drawn up. + Article 91 (1) During the voting operations, the opening of the polls, the counting and the totalling of votes, as well as the registration of the voting result in the minutes, may be met with regard to these operations. (2) The electoral bureau of the polling station shall immediately decide upon the meetings. (3) Against the solution given during the resolution of the meeting, appeals may be made in writing. The appeals are presented to the president of the electoral bureau of the polling station, which issues a proof of receipt to the depositor + Article 92 (1) For the local council, for the county council, for the mayor, respectively for the president of the county council, a file containing: the minutes and the appeals made, as well as the null and those ballots Challenged. The files are sealed, stamped, transported with military guard and handed over to the constituency electoral office by the president of the electoral bureau of the polling station, no later than 24 hours after the end of the voting. The chairman of the electoral bureau of the polling station must be accompanied by at least 2 members of the office, determined by lot by the president. ------------- Alin. ((1) of art. 92 92 has been amended by section 19 19 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (2) The delivery of the files shall be made on the basis of minutes. + Section 2 Finding of election results Finding of election results + Article 93 (1) After receiving the files from the electoral bureaus of the polling stations, the municipal, city, municipal and sector electoral office of the city of Bucharest shall proceed to order them by categories of authorities of the local public administration for which elections were held. (2) The files containing the minutes with the result of the counting of votes for the county council, respectively for the General Council of Bucharest Municipality, and the other documents provided in art. 92 surrender to the deputy chairman of the electoral district electoral office on the basis of minutes, which, together with another member of the office, designated by lot carried out by the president of the office, transports them with security military and teaches them to the electoral office of county district, respectively of the city of Bucharest. (3) The provision of files to the electoral district electoral office shall be made on the basis of minutes in which the number of files provided for in the minutes referred to in par. (2) and the number of files actually handed over. + Article 94 (1) After receiving the files containing the minutes with the result of counting the votes from all electoral bureaus of the polling stations and after the resolution of the appeals, the municipal district electoral office, the city, municipal, sector of the city of Bucharest and county, respectively the constituency electoral office of the city of Bucharest, proceed to the totality of votes cast and to the attribution of mandates, under the conditions of this law. (2) For this purpose the constituency electoral office shall record, on the entire constituency, separately for each list of candidates or independent candidates, the number of votes obtained. (3) The electoral office of municipal, city, municipal, district, district, district of Bucharest, and the constituency electoral office of the city of Bucharest, sums up the number of votes obtained by each candidate for the office of mayor, respectively at the position of general mayor of Bucharest. (4) In the works carried out by the constituency electoral office may assist candidates and persons accredited for this purpose, as well as the persons referred to in art. 89 89 para. ((1). + Article 95 Elections for councillors, for mayors and for county council chairmen are valid, regardless of the number of voters who participated in the vote. ------------- Article 95 has been amended by section 6.6. 20 20 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. + Article 96 (1) For the distribution of councillor mandates, the constituency electoral office shall set the electoral threshold of the constituency, representing 5% of the total number of valid votes cast in that constituency. In the case of political alliances or electoral alliances, the 5% threshold is added for the second member of the 2% alliance. For alliances with at least 3 members, the electoral threshold is 8%. (2) The distribution of mandates shall be made in view only of political parties, political alliances, electoral alliances and independent candidates who have met the electoral threshold provided in par. ((1). (3) The distribution of the mandates of adviser shall be as follows: a) in the first stage, the constituency electoral office determines the number of seats incumbent on each list of candidates, as well as independent candidates, based on the electoral coefficient, determined by dividing the total number of valid votes expressed for all lists and independent candidates who met the electoral threshold at the total number of councillor mandates in the respective constituency; the constituency electoral office appoints to each list so many mandates of how many or the electoral coefficient is included in the total number of valid votes expressed for that list; the independent candidate who obtained a number of votes at least equal to the electoral coefficient is also declared elected. Votes are considered-unused for each list of candidates of political parties, political alliances and electoral alliances the votes that remained after the assignment of mandates, as well as those lower than the electoral coefficient; b) in the second stage, the constituency electoral office distributes the unassigned mandates, based on a table comprising political parties, political alliances and electoral alliances that met the electoral threshold, in descending order of the number of unused votes; the unassigned mandates are allocated to political parties, political alliances and electoral alliances, in order to register them in the table, one for each political party, political alliance and alliance electoral. If the distribution of all mandates is not successful, the operation shall be repeated until they are exhausted. (4) Where none of the citizens ' organisations belonging to national minorities other than the Hungarian one has obtained at least one term of office, a term of office shall be awarded to the organisation which has entered the first stage of the first stage of the the electoral threshold and obtained the highest number of valid votes cast among all these organizations. (5) If during the operations referred to in par. (3) it is noted that two or more political parties, political alliances or electoral alliances have the same number of unused votes, before the assignment of the last remaining mandate to be assigned, it is assigned to the political party, the alliance political or electoral alliance that has obtained the highest number of valid votes cast; if the number of valid votes cast is equal, the distribution of the mandate is by lot. (6) The assignment of the mandates shall be made by the constituency electoral office in order to register the candidates on the list and start with the list of candidates for whom the most votes have been cast. (7) If a political party, political alliance or electoral alliance is due more than the candidates registered in the list, the remaining mandates shall be assigned to the other lists of candidates or independent candidates, according to the provisions of par. ((3). (8) If no political party, no political alliance or electoral alliance makes the electoral threshold, and the number of independent candidates who have achieved the electoral threshold is lower than the number of mandates of councillor from This constituency, the difference in mandates is distributed to the first 3 political parties, political alliances or electoral alliances, in descending order of the number of valid votes cast for each. Each political party, every political alliance or electoral alliance is assigned a mandate. The operation is repeated until all mandates are exhausted. ((9) Candidates entered in the lists, who have not been elected, shall be declared alternates in those lists. In case of holiday of the mandates of councillors elected on lists of candidates, the alternates will occupy the places become vacant, in the order in which they are entered in the lists, if, until the date of validation of the mandate for filling the vacancy, the parties political or, as the case may be, political alliances or electoral alliances on whose lists the alternate candidates confirm in writing, under the signature of the county leaders of the political parties, respectively of those political parties that constituted alliances political or electoral alliances, that the alternates belong to the respective political party or from one of the political parties that constituted political alliances or electoral alliances, as the case may be. ------------- Therefore, in accordance with art. 147 of the Romanian Constitution republished in the Official Gazette no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Accordingly, from 14 February 2008 to 30 March 2008, the provisions art. 96 96 para. ((10) of Law no. 67/2004 were suspended by law, ceasing its legal effects on March 31, 2008, as the legislator did not intervene for the consistent implementation of the text criticized with the provisions of the Constitution. + Article 97 (1) For the office of mayor, the centralization of votes is made by the constituency electoral office. (2) The candidate who received the highest number of valid votes cast in the first round of elections is declared elected mayor. (3) In the event of a runoff, a new ballot will be held two weeks after the first round, which will be attended only by the candidates who are in this situation. ------------- Article 97 has been amended by section 6.6. 1 1 of the single article of LAW no. 129 129 of 23 June 2011 , published in MONITORUL OFFICIAL no. 444 444 of 24 June 2011. + Article 97 ^ 1 (1) For the position of president of the county council, the centralization of votes is made by the electoral district electoral office. (2) The candidate who received the highest number of valid votes cast in the first round of elections is declared elected president of the county council. (3) In the event of a runoff, a new ballot will be held two weeks after the first round, in which only the candidates who are in this situation will participate. ------------- Art. 97 ^ 1 was introduced by item 21 21 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. + Article 98 If the runoff situation intervenes between 2 candidates for mayor, between which the second round of elections is to be held, and one of them dies, gives up or no longer meets the conditions provided by law to be elected, there will be no more elections, the constituency electoral office declaring the other candidate mayor. ------------- Article 98 has been amended by section 6.6. 2 2 of the single article of LAW no. 129 129 of 23 June 2011 , published in MONITORUL OFFICIAL no. 444 444 of 24 June 2011. + Article 99 (1) The electoral office of communal, city, municipal, district, district of Bucharest and county district, respectively of the city of Bucharest concludes separately one minutes for the local council and for the mayor, respectively for the county council and for the president of the county council, as well as for the General Council of the Municipality of Bucharest and for the general mayor of Bucharest, as the case may be, centralizing votes, finding the outcome of elections and assigning warrants. ------------- Alin. ((1) of art. 99 99 has been amended by section 22 22 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (. The minutes shall include: a) the total number of voters provided in the electoral lists in the electoral district (section a = section a1 + section a2 + section a3 + section a4), of which: a1) the total number of voters according to the children on the permanent electoral lists (item a1 ≥ 1 b1); a2) the total number of voters according to the children on the supplementary electoral lists (item a2 ≥ 1 b2); a3) the total number of voters according to supplementary electoral lists (item a3 ≥ 1 b3); a4) the total number of voters for whom the special ballot box has been used (pt. a4 ≥ 1 b4); b) the total number of voters who went to the polls, registered in the electoral lists in the electoral district (section b = section b1 + section b2 + section b3 + section b4), of which: b1) the total number of voters who went to the polls, registered in the copies of the permanent electoral lists; b2) the total number of voters who went to the polls, registered in the copies of the supplementary electoral lists; b3) the total number of voters who went to the polls, registered in the supplementary electoral lists; b4) the total number of voters who went to the polls, where the special ballot box was used; c) the total number of valid votes cast (pt. c ≤ section b-section d), (pt. c = amount of valid votes cast in section g); d) the total number of null votes; e) the number of ballots received (item ≥ c + section d + section f); f) number of ballots not used and cancelled; ------------ Letter f) a par. ((2) of art. 99 99 has been amended by section 4.2 14 14 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. g) the total number of valid votes cast, obtained by each candidate list or by each independent candidate for the position of councillor, or, as the case may be, the total number of valid votes cast, obtained by each candidate for the position of mayor, president of the county council, respectively of general mayor of Bucharest; ------------ Letter g) a par. ((2) of art. 99 99 has been amended by section 4.2 14 14 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. h) the names and surnames of the candidates chosen for the local council, respectively the county council and the General Council of the Municipality of Bucharest, the political party, the political alliance or the electoral alliance that proposed the candidate independent; ------------ Letter h) a par. ((2) of art. 99 99 has been amended by section 4.2 14 14 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. i) the name and surname of the mayor, the president of the county council, respectively of the general mayor of Bucharest elected and the political party, political alliance or electoral alliance that proposed or the mention of independent candidate; ------------ Letter i) a par. ((2) of art. 99 99 has been amended by section 4.2 14 14 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. j) the brief exposure of the meetings and appeals made and the decisions rendered by the constituency electoral office. The rulings handed down by constituency electoral bureaus are final. ------------- Alin. ((2) of art. 99 99 has been amended by section 35 35 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. ((3) The minutes shall be drawn up in two copies and shall be signed by the President and the other members of the constituency electoral office and shall bear his stamp. (4) The lack of signatures of some members of the constituency electoral office has no influence on the validity of the minutes. The president mentioned the reasons for the signing. (5) A copy of the minutes for the local council, for the county council, respectively for the General Council of the Municipality of Bucharest, together with the meetings, appeals and minutes received from the electoral offices of polling stations, forming a file, sealed and signed by the president and members of the constituency electoral office, shall be submitted to the local council, respectively to the county council or, as the case may be, to the General Council of Bucharest, in order to validate mandates, according to the provisions Law no. 215/2001 , republished. For the mayor and for the president of the county council, the file formed according to this paragraph shall be submitted, with military security, no later than 48 hours, to the court or, as the case may be, to the tribunal in whose territorial area the constituency is located electoral for which elections were held, and in the case of the general mayor of Bucharest, at the Bucharest Court, in order to validate the mandates, according to the provisions Law no. 215/2001 , republished. ------------- Alin. ((5) of art. 99 99 has been amended by section 22 22 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (6) The second copy of the minutes drawn up by the municipal, city, municipal or sector electoral office of the city of Bucharest shall be sent, within 24 hours, to the electoral district electoral office, respectively of Bucharest municipality. (7) On request, members of the constituency electoral bureaus or representatives of political parties, political alliances and electoral alliances that submitted the lists of candidates, as well as independent candidates shall be issued, in a manner compulsory, by the chairman or deputy chairman of the electoral office a certified copy of the respective minutes. The request must be made in writing before the minutes are drawn up. (8) The electoral office of municipal, city, municipal or county constituency, as the case may be, shall issue the proof certificate of the elections to the local councillors and the mayor, respectively to the county councillors and the president of the county council. ------------ Alin. ((8) of art. 99 99 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. (9) For the general mayor of Bucharest, as well as for the members of the General Council of Bucharest, the proof certificates of the elections are issued by the Electoral District Office of Bucharest, and for councillors and for the district mayor, by the sector constituency electoral office. + Article 100 (1) Based on the minutes provided in art. 99 99 para. (5) and (6) and of its own minutes, the electoral district electoral office, respectively of the city of Bucharest centralizes the votes and the result of the elections by county, political parties, political alliances, electoral alliances and candidates independent and conclude a minutes for local councillors, for county councillors and for councillors of Bucharest, respectively for mayor, for the president of the county council and for the general mayor of the municipality Bucharest. ------------- Alin. ((1) of art. 100 100 has been amended by section 23 23 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. (2) The minutes shall be concluded in two copies, within 24 hours from the receipt of all the minutes from the constituency electoral bureaus, and shall include: a) the total number of voters provided in the electoral lists in the electoral districts of the county (section a = section a1 + section a2 + section a3 + section a4), of which: a1) the total number of voters according to the children on the permanent electoral lists (item a1 ≥ 1 b1); a2) the total number of voters according to the copy of the supplementary electoral list (item a2 ≥ 1 b2); a3) the total number of voters according to supplementary electoral lists (item a3 ≥ 1 b3); a4) the total number of voters for whom the special ballot box has been used (pt. a4 ≥ 1 b4); b) the total number of voters registered in the electoral lists in the county, who went to the polls (section b = section b1 + section b2 + section b3 + section b4), of which: b1) the total number of voters who went to the polls, registered in the copies of the permanent electoral lists; b2) the total number of voters who went to the polls, registered in the copies of the supplementary electoral lists; b3) the total number of voters who went to the polls, registered in the supplementary electoral lists; b4) the total number of voters who went to the polls, where the special ballot box was used; c) the total number of valid votes cast (pt. c ≤ section b-section d), (pt. c = amount of valid votes cast in section g); d) the total number of null votes; e) the number of ballots received (item ≥ c + section d + section f); f) number of ballots not used and cancelled; ------------ Letter f) a par. ((2) of art. 100 100 has been amended by section 4.2 16 16 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. g) the total number of valid votes cast, obtained by the lists of candidates for the office of councillor, grouped according to political parties, political alliances or electoral alliances, as well as according to independent candidates, or, as the case may be, the total number of valid votes cast, obtained by candidates for mayor and candidates for president of the county council, grouped according to political parties, political alliances, electoral alliances and in office by independent candidates; ------------ Letter g) a par. ((2) of art. 100 100 has been amended by section 4.2 16 16 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. h) the total number of mandates of councillors, grouped according to political parties, political alliances, electoral alliances and according to independent candidates; i) the total number of mandates for mayor, grouped according to political parties, political alliances, electoral alliances and according to independent candidates. ------------- Alin. ((2) of art. 100 100 has been amended by section 36 36 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. (3) The minutes shall be signed by the president and by the members of the district electoral office, respectively by the constituency of the city of Bucharest, and bear his stamp. (4) The lack of signatures of some members of the office has no influence on the validity of the minutes. The president mentioned the reasons for the signing. (5) A copy of the minutes shall be submitted, within 24 hours from the drawing up, together with the minutes received from the electoral offices of constituencies, with military security, to the Central Electoral Office. (6) The electoral office of county district, respectively of the city of Bucharest, releases, through the official monitor of the county, the result of the elections for the county concerned, respectively for the city of Bucharest. + Article 100 ^ 1 The candidate who was elected as president of the county council is part of it, has the right to vote and leads the meetings of the county council, according to the legal provisions. ------------- Art. 100 ^ 1 was introduced by item 24 24 of art. 77 77 of Title II of LAW no. 35 35 of 13 March 2008 , published in MONITORUL OFFICIAL no. 196 196 of 13 March 2008. + Article 101 (1) The provisions of this chapter regarding the electoral bureaus of polling stations shall also apply accordingly to the electoral bureaus of polling stations in Bucharest. (2) The provisions regarding the municipal, city and municipal district electoral bureaus shall also apply accordingly to the district electoral bureaus of the city of Bucharest and, as the case may be, to the electoral bureau of Constituency of Bucharest Municipality. (3) The provisions regarding the electoral bureaus of the county district shall apply, if appropriate, to the constituency electoral office of the city of Bucharest. + Article 102 Candidates elected both as a local councillor and as a county councillor are obliged, within 10 days from the date of the last validation, to opt for one of the two qualities. The places thus become vacant shall be completed according to art. 96 96 para. ((9) and (10). The provisions of this article also apply to the members of the General Council of Bucharest, who cannot be at the same time members of the local councils of the sectors of Bucharest. + Chapter V Contraventions ----------- Head title. V has been amended by section 1 1 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 103 The following facts are contraventions: a) the registration, knowingly, of a voter in several electoral lists; the registration in the electoral lists of fictitious persons or who do not have the right to vote, the signing of the list of supporters in violation of the provisions of art. 49 49; b) violation of the provisions regarding the display of lists of candidates and independent candidates or the use of electoral signs; c) keeping registers with permanent electoral lists and supplementary electoral lists in improper conditions; ------------- Letter c) of art. 103 103 has been amended by section 4.2 37 37 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. d) failure to carry out the communications stipulated by the law and not to operate them in the permanent electoral lists and supplementary electoral lists; ------------- Letter d) of art. 103 103 has been amended by section 4.2 37 37 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. e) carrying out operations in permanent electoral lists and supplementary electoral lists by unauthorized persons; ------------- Letter e) of art. 103 103 has been amended by section 4.2 37 37 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. f) non-communication to the Permanent Electoral Authority of the changes made in the permanent electoral list; ------------- Lit. f) of art. 103 103 has been amended by section 4.2 5 5 of art. II of EMERGENCY ORDINANCE no. 4 4 of 5 February 2014 , published in MONITORUL OFFICIAL no. 111 111 of 13 February 2014. g) failure by the organizers of the measures necessary for the normal conduct of electoral assemblies, as well as the distribution, including by candidates, of alcoholic beverages during assemblies or, on the day of voting, in the perimeter of polling stations, delimited according to art. 80 80 para. ((1); h) destruction, damage, soiling, coverage by writing or in any other way of electoral lists, platforms-program displayed or any other posters or announcements of electoral propaganda; i) displaying the means of electoral propaganda in places other than those allowed according to the legal provisions; j) acceptance by a person of his registration in several lists of candidates for the same public authority; k) non-bringing to public knowledge by the members of the constituency electoral bureaus of the proposals for applications; l) refusal to allow access to the persons referred to in art. 80 80 para. (5) in the voting place; m) refusal to comply with the provisions of the president of the electoral bureau of the polling station on ensuring order in the voting place and in the surroundings, according to the provisions of art. 80 80 para. ((1); n) handing the ballot to a voter who does not present the identity document; ------------ Lit. n) of art. 103 103 has been amended by section 4.2 2 2 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. o) violation by the president of the electoral bureau of the polling station of the provisions of art 89 and the preparation of minutes in violation of the provisions of art. 90 90; p) leave by the members of the electoral bureau of the polling station premises before the election result is established and the signing of the verbal; q) the continuation of electoral propaganda after the end of the electoral campaign according to 61, by launching, displaying or distributing electoral materials of any type, as well as the advice of voters, on the day of voting, at the headquarters of polling stations or in the perimeter provided for in art. 80 80 para. (1), to vote or not to vote on certain political parties, political alliances, electoral alliances or independent candidates; ------------- Letter q) of art. 103 103 has been amended by section 4.2 37 37 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. r) the wearing, during the voting, by the members of the electoral bureau of the polling station or by accredited persons, by badges, badges or other means of electoral propaganda; s) the unjustified absence of the president, his lessor or members of the electoral bureaus, established according to the provisions of this law, from their activity; s) refusal of the chairman of the electoral office or its deputy to issue a certified copy of the minutes to persons entitled according to the provisions of this law; t) non-compliance with the provisions of art. 16 16 para. ((2). t) printing without the right of ballots, in order to use them on the day of election. ------------- Letter t) of art. 103 103 was introduced by section 4.2. 3 3 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 104 The contraventions provided in art. 103 lit. h), i), l), t) and t) are sanctioned with a fine of 600 lei to 1,000 lei, those provided in lett. c)-f), with a fine of 1,000 lei to 1,400 lei, those provided in lett. j), k) and o)-s), with a fine of 1,400 lei to 2,000 lei, and those provided in lett. a), b), g), m) and n), with a fine from 2,200 lei to 3,000 lei. ------------- Article 104 has been amended by section 6.6. 4 4 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 105 (1) The finding of contraventions and the application of sanctions provided in art. 103, respectively art. 104, shall be made by: a) policemen, for the facts provided in art. 103 lit. a), b), g)-i), k)-n), q) and t); ------------- Lit. a) a par. ((1) of art. 105 105 has been amended by section 4.2 5 5 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. b) mayors and their powers, for the facts provided in art. 103 lit. e) and h); c) the president of the constituency electoral office, for the facts provided in art. 103 lit. j), o), p) and r); d) the president of the electoral bureau, in case of committing the contraventions by the members of the electoral bureau, or the president of the superior hierarchical electoral office, in case of committing contraventions by the lower or by their deputies, for the facts provided in art. 103 lit. s) and s); e) the powers of the President of the Permanent Electoral Authority, for the facts provided in art. 103 lit. a), b), c), d), e) and f); f) prefects and sub-prefects, for the facts provided in art. 103 lit. t). (2) 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 art. 104, the finding agent making mention of this possibility in the minutes. ((3) Contraventions provided for in art. 103 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. + Article 106 Repealed. ------------- Article 106 has been repealed by point 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 107 Repealed. ------------- Article 107 has been repealed by point (a) 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 108 Repealed. ------------- Article 108 has been repealed by point 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 109 Repealed. ------------- Article 109 has been repealed by point (a) 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 110 Repealed. ------------- Article 110 has been repealed by point (a) 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 111 Repealed. ------------- Article 111 has been repealed by point (a) 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 112 Repealed. ------------- Article 112 has been repealed by point 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 113 Repealed. ------------- Article 113 was repealed by point (a). 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 114 Repealed. ------------- Article 114 has been repealed by point (a) 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 115 Repealed. ------------ Article 115 has been repealed by point (a) 6 6 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 116 Goods intended or used to commit the contraventions provided in art. 103 lit. i), r) and t) or results from their commission shall be confiscated. ------------ Article 116 has been amended by section 6.6. 7 7 of art. 143 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter VI Transitional and final provisions Transitional and final provisions + Article 117 (1) The expenses for the organization and conduct of elections shall be borne from the local budgets of the communes, cities, municipalities, sectors of Bucharest, counties or Bucharest, as the case may be. (2) The headquarters, endowment and expenses of the Central Electoral Office shall be provided by the Government. The headquarters and endowment of the county district electoral offices and, as the case may be, of the county electoral offices shall be provided by the mayors of the county seat municipalities, together with the presidents of the county councils and the prefects, and those of electoral bureaus of communal, city, municipal and sector district of Bucharest, as well as those of polling stations, by the mayor, together with prefects. (3) The members of the electoral bureaus, statisticians and auxiliary technical staff shall be granted an allowance established by Government decision. + Article 118 The prefects and sub-prefects cannot run and cannot participate in the actions of the electoral campaign, under the sanction of dismissal from office, unless they resign at least 50 days before the election date. + Article 119 Acts drawn up in the exercise of electoral rights provided for in this Law shall be exempt from stamp duty. + Article 120 (1) The Government, the chairmen of the county councils and the mayors must ensure, in order to support the activity of the electoral bureaus, the statisticians and the necessary auxiliary technical staff, The auxiliary technical staff of the Central Electoral Office is provided by the Ministry of Interior and Administrative Reform together with the Permanent Electoral Authority, and the necessary statisticians, by the National Institute of Statistics. ------------- Alin. ((1) of art. 120 120 has been amended by section 40 40 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. ((2) Members of electoral bureaus, statisticians and auxiliary technical staff, who have the status of employment contract or are appointed to a public office, shall be considered posted, during the period of their activity, at the offices electoral. (3) Accredited delegations may assist in electoral operations only if they present the act of accreditation. They cannot intervene in any way in the organization and conduct of elections, having only the right to refer the president to the electoral office in case of irregularities. Any act of propaganda for or against a political party, a political alliance, electoral alliances or independent candidate or attempt to influence the voter's option, as well as violation in any way of the accreditation act attract the application of legal sanctions, the cancellation of accreditation by the electoral office that found the deviation, and on the day of voting, the immediate removal of the respective person from the polling station. + Article 121 (1) The court's judgment of the meetings, appeals and any other requests provided for by this law shall be made according to the rules established by law for the injunction, with the mandatory participation of the prosecutor. (2) Against final judgments, rendered by the courts under this law, there is no remedy. ----------- Alin. ((2) of art. 121 121 has been amended by section 5 5 of art. 48 of LAW no. 76 76 of 24 May 2012 published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 122 (1) The terms per day, provided for by this law, shall be calculated from the day when they begin to run until, including, on the day they are fulfilled, even if these are not working days. (2) During the entire period of the elections, the electoral bureaus and the courts must ensure the permanence of the necessary activity in order to exercise by citizens the electoral rights. The program of their activity for the entire electoral period is displayed in a visible and strictly observed place. + Article 123 (1) Persons deprived of electoral rights by final judicial decision shall not participate in the vote and shall not be considered in determining the total number of voters, for the entire duration established by decision. (2) For persons held on the basis of a preventive arrest warrant, the provisions of art. 87 87 on the special ballot box, in so far as this means of voting is requested. (3) Under the conditions of paragraph (2) vote only on persons residing in the territorial area of the municipal, city or municipal electoral district in which elections take place. + Article 124 For the purposes of this law, the organizations of Romanian citizens belonging to legally constituted national minorities are assimilated to political parties The organizations of Romanian citizens belonging to national minorities who have their own parliamentary group in both Houses of Parliament are assimilated to parliamentary political parties. ------------- Article 124 has been amended by section 4.2. 41 41 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 125 (1) With the date of elections, the Government shall establish, by decision, at the proposal of the Ministry of Interior and Administrative Reform and of the Permanent Electoral Authority, the calendar of actions during the electoral period and the necessary expenses preparation and conduct in good conditions of local elections. Decision on setting the election date, the decision on the expenses necessary to prepare and conduct in good conditions the local elections and the decision for the approval of the calendar program for the the organization and conduct of elections for local public administration authorities shall be published together in the Official Gazette of Romania, Part I. (2) Within 5 days from the establishment of the election date, at the proposal of the Ministry of Interior and Administrative Reform and of the Permanent Electoral Authority, the Government shall establish, by decision, the technical-organizational measures necessary for good organization and conduct of elections, the model of the copy of the permanent electoral lists, the model of the copy of the supplementary electoral lists, the model of the supplementary electoral list, the model of the extract from the supplementary electoral list and the list supporters, as well as the stamps of constituency electoral bureaus and of the Central Electoral Bureau, the model of the control stamp and the stamp with the mention "VOTED", the model of the sticker stamp. At the same time, the Government establishes, by decision, at the proposal of the National Institute of Statistics, the model of minutes for recording the voting result. (3) At least 20 days before the election date, the Permanent Electoral Authority shall establish by decision which shall be published in the Official Gazette of Romania, Part I, the model of the certificate of choice of councillors, mayor and County council president ------------ Alin. ((3) of art. 125 125 has been amended by section 19 19 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. (4) The provision and receipt of forms, stamps and other materials necessary for voting shall be made on the basis of minutes. ------------- Article 125 has been amended by section 6.6. 42 42 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 126 (1) By identity document, for Romanian citizens, for the purposes of this law, the identity card, the provisional identity card, the identity card or the diplomatic or service passport, aflata/found within the validity period, shall be understood, and in the case of students in military schools, military service card. ((. Citizens of the European Union may exercise their right to vote on the basis of any valid document attesting their identity. ------------- Article 126 has been amended by section 6.6. 43 43 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 127 The electoral bureaus of the county district and of the city of Bucharest accredit as internal observers only the citizens with the right to vote empowered by a non-governmental organization that has as its object of activity the defense of rights man, legally established at least 6 months before the start of the electoral campaign. + Article 128 Persons designated as internal observers may not be members of a political party; accreditation shall be granted for all polling stations within the county electoral district or Bucharest municipality, only at the request of the organizations mentioned in art. 127, accompanied by the written declaration of each observer that it will comply with the accreditation conditions; the declaration is held on its own responsibility and constitutes an act of public law, with all the consequences provided by law; the conditions of accreditation are those provided in art. 120 120 para. ((3) and are mentioned in the act of accreditation. + Article 129 Non-governmental organizations referred to in 127 the provisions of art. 120 120 para. ((3). + Article 130 The Government shall determine the duration and conditions for keeping the ballots used, the contested ones, as well as the unintended ones, the stamps and the other materials necessary for voting. + Article 131 (1) The provisions of this Law shall apply accordingly to the elections held during a term of office, following the dissolution of local or county councils or councils of certain sectors of the city of Bucharest or of the General Council of Bucharest Municipality, as well as following the invalidation or vacant declaration of the office of mayor or president of the county council. (2) One year before the expiry of the normal term of office no more elections are held for local councils, county councils, mayors, presidents of county councils, for the General Council of Bucharest, for the mayor general of Bucharest Municipality. ------------ Article 131 has been amended by section 6.6. 20 20 of art. I of EMERGENCY ORDINANCE no. 32 32 of 19 March 2008 , published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. + Article 132 By the name of the constituency electoral office, used in this law, it is understood the electoral office of communal, city, municipal constituency, including the city of Bucharest, and the county, as well as the subdivision administrative-territorial of the municipality. + Article 132 ^ 1 The Permanent Electoral Authority shall develop materials and programmes to inform the citizens of the European Union of their electoral rights and their modality to exercise them. ------------- Art. 132 ^ 1 was introduced by item 44 44 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. + Article 133 Law no. 70/1991 on the local elections, republished in the Official Gazette of Romania, Part I, no. 79 of 18 April 1996, as amended and supplemented, shall be repealed. Art. 4 ^ 1, 22, 22 ^ 1-24 ^ 4, art. 25 25 para. ((1) lit. b) and f), art. 27 27, art. 37 37 para. ((1) lit. a), art. 48 48 para. ((1) and (2), art. 49 49 para. ((1) and (3), art. 53 ^ 1, art. 82 82 para. ((1), art. 87, 89, art. 90 90 para. ((3), art. 99 99 para. ((2), art. 100 100 para. ((2), art. 103 lit. c)-e) and q), art. 106 106 para. ((2), art. 126 126 and 132 ^ 1 transpose Council Directive 94 /80/EC of 19 December 1994 laying down detailed rules for the exercise of the right to vote and to be elected to municipal elections for citizens of the Union residing in a Member State whose nationality does not hold it, published in the Official Journal of the European Communities no 368 of 31 December 1994, as amended. ------------- This entry was introduced by section 6.6. 45 45 of art. I of EMERGENCY ORDINANCE no. 20 20 of 27 February 2008 , published in MONITORUL OFFICIAL no. 177 177 of 7 March 2008. ----------