International Election Observation Mission to Moldova General Local Elections 20 October and 3 November 2019 FINAL REPORT December 2019 The English version of this report is the only official document of ENEMO EOM. International Election Observation Mission to Moldova General Local Elections 20 October and 3 November 2019 FINAL REPORT December 2019 The English version of this report is the only official document of ENEMO EOM. ENEMO European Network of Election Monitoring Organizations International Observation Mission to Moldova General Local Elections, 20 October and 3 November 2019 ENEMO Bul. Josipa Broza 23A 81 000 Podgorica, Montenegro e-mail: [email protected] www.enemo.eu Published by: ENEMO - European Network of Election Monitoring Organizations Editors: Dritan Taulla Pierre Peytier Authors: Dritan Taulla Pierre Peytier Oleg Reut Ana Mihajlovic Maja Milikic ENEMO’s international observation mission for the 20 October 2019 General Local Elections in Moldova is financially supported by the European Union, Sweden and the Embassy of the Netherlands. The content of the document is the sole responsibility of ENEMO and does not necessarily represent the position of the donors. TABLE OF CONTENTS EXECUTIVE SUMMARY ..........................................................................................1 INTRODUCTION AND ACKNOWLEDGMENTS ..........................................................8 I. BACKGROUND AND POST-ELECTION DEVELOPMENTS ......................................9 II. LEGAL FRAMEWORK AND ELECTORAL SYSTEMS .............................................11 Legal framework....................................................................................................11 Electoral System ..................................................................................................13 III. ELECTION MANAGEMENT BODIES ...................................................................14 Central Electoral Commission ...............................................................................14 District Electoral Councils ....................................................................................18 Polling Stations (PS) and Precinct Electoral Bureaus (PEBs) ...................................19 IV. REGISTRATION OF VOTERS................................................................................21 V. CANDIDATE REGISTRATION...............................................................................24 VI. ELECTORAL CAMPAIGN AND CAMPAIGN FINANCE ..........................................28 Electoral Campaign...............................................................................................28 Campaign Finance.................................................................................................32 VII. MASS MEDIA...................................................................................................36 VIII. GENDER REPRESENTATION............................................................................39 IX. NATIONAL MINORITIES ...................................................................................41 X. INCLUSION OF PERSONS WITH DISABILITIES.....................................................42 XI. COMPLAINTS AND APPEALS .........................................................................43 XII. ELECTION DAY(S) ...........................................................................................46 XIII. OBSERVERS ..................................................................................................49 RECOMMENDATIONS ...........................................................................................51 Priority Recommendations ...................................................................................51 Other Recommendations ......................................................................................51 To the Parliament of Moldova ................................................................................51 To Electoral Contestants .......................................................................................54 To the Central Electoral Commission .....................................................................54 To the Government and Other Institutions involved in the Electoral Process............56 ABOUT ENEMO .....................................................................................................58 ABBREVIATIONS ..................................................................................................60 ANNEXES ............................................................................................................61 Annex 1. Statistical report on evaluation of PEBs done by ENEMO observers .......61 First round (20 October 2019) ................................................................................61 Second round (3 November 2019) ..........................................................................71 Annex 2. Information on the IEOM ........................................................................82 Core Team (CT) ....................................................................................................82 Long-Term Observers (LTOs) ................................................................................83 GENERAL LOCAL ELECTIONS - MOLDOVA 2019 EXECUTIVE SUMMARY ENEMO assessed that both rounds of local elections were conducted in international standards. However, legal shortcomings in the Electoral Code,an overall including efficient a lack manner, of clear mostly legal in provisions line with Moldovanfor the second legislation round, and as electoral process, whereas minor irregularities were observed on both electionwell as late days. regulations, Observed shortcomings left a significant in the amount electoral of processuncertainties were mainly in the related to registration of candidates, election campaign rules, campaign election administration, voters’ rights, and the complaints and appeals process.finance oversight, ENEMO mediadeems regulation,essential conductingefficiency, and a comprehensivetransparency of andthe inclusive electoral reform that would aim to ensure an electoral process fully aligned with internationally recognized standards and best practices for democratic elections, as laid down in key international documents to which Moldova is a party. On 15 September 2019, the European Network of Election Monitoring Organizations (ENEMO) deployed an International Election Observation Mission (IEOM) to Moldova to observe the General Local Elections of October and the Statement of Preliminary Findings and Conclusions on the2019. First After Round, observing on 22 theOctober, first round the IEOM and stayedissuing in an the Interim country Report to observe on 13 the mayoral run-off contest, which took place on 3 November. The mission issued a second Interim Report, followed by its Statement of Preliminary Findings and Conclusions for the Second Round of election, presented on 5 November. The mandate and scope of the IEOM was limited to monitoring of the 20 October and 3 November (second round) General local elections; the IEOM did not monitor parliamentary by-elections, which were held on 20 October in four single-mandate constituencies. However, selected aspects of said parliamentary elections were taken into account in the analysis, to the extent that they affected certain elements of the local elections. Elections were held in all level I and level II administrative-territorial units, with the exception of Transdniestria and the municipality of Bender which are not currently under the de facto control of Moldovan authorities. Citizens went to the polls to elect 898 mayors and 11,580 local councilors for a 4-year term. Simultaneously on 20 October, parliamentary by-elections were held in four single-mandate constituencies. The results of the elections were overall accepted both by most electoral Following complaints challenging the result of elections, courts granted 17contestants recounts, and and by in high only state one officials, case the including recount changedthrough publicthe result statements. for one councilor mandate. 1 Despite the overall positive assessment of the latest legal amendments, ENEMO notes that the legal framework still contains a number of shortcomings and loopholes, which should be addressed, especially with regard to provisions regulating collection of signatures by independent candidates, campaigning, misuse of administrative resources, election dispute resolution, and several aspects of the second round. the second round of elections, including active suffrage rights for citizens whoA significant reach the number voting of age, shortcomings or change residence were noted in-between with regard the to two regulating rounds, regulatedtimeframes and for leave campaigning, space for rulescomplaints for campaign to remain finance, pending etc. duringMoreover, the secondtimeframes round’s for Electionchallenging Day. the The results CEC undertook of the first steps round to areregulate inadequately some of the aspects not clearly regulated in the law, such as voting rights between the two rounds and mobile voting for the second round, however, other aspects remained unregulated. Elections were administered by a four-tiered election administration: Central Election Commission (CEC), 35 Level II District Electoral Councils or Municipality Electoral Councils (DECs / MECs), 896 Level I DECs, and 1,969 Precinct Electoral Bureaus (PEBs). ENEMO assessed the structure of the Moldovan electoral