Republic of Moldova: Parliamentary Elections: March 22, 1998 (Book1 Document Date: 1998
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Date Printed: 11/03/2008 JTS Box Number: IFES- 8 Tab Number: 7 Document Title: Republic of Moldova: Parliamentary Elections: March 22, 1998 (book1 Document Date: 1998 Document Country: Moldova IFES ID: R01758 Parliamentary Elections March 22,1998 IFES edition This project was made possible --\ by a grant from the US. Agency USAlll for International Development. This material is in the public domain and may be reproduced without permission. Citation of the source is welcomed and appreciated. ACKNOWLEDGMENTS IFES Moldova would like to thank the following people for their important contributions: Mr. Paul S. DeGregorio (Director of Outreach Development, University of Missouri St. Louis, USA), Daniel Finn (IFES Legal Consultant) for reviewing the manuscript and suggesting improvements and Ms. Katja Stenghelin (Director of Studies, Open World House English School, Republic of Moldova) for final proofreading. The data processing program package for the Central Electoral Commission and computerized preparation and publishing of this brochure was carried out by TISH Ltd, Director Valeriu Rusnac. Design by Oleg UsatAi 0 TISH Ltd., Chiginhu, 1998 ISBN 9975-947-04-2 CZU 342.843(478.9)(094.57)R46 Printed in the Republic of Moldova CONTENTS CHAPTER I ELECTION-RELATED LEGISLATION AND DOCUMENTATION CHAPTER 2 ---m DOCUMENTS OF THE CENTRAL ELECTORAL COMMISSION CHAPTER 3 I I RESULTS OF THE ELECTION IN THE REPUBLIC, DISTRICTS AND LOCALITIES CHAPTER 4 I --I THE CONSTITUTIONAL COURT'S RESOLUTION ON THE RESULTS 4 IWTERNATIOWAL FOUWOATIOW FOR ELECTION SYSTEMS 1-3 ELECTORAL CODE (EXTRACT) ~dobtedNovember 21,1997, No 1381-XI11 1-34 RESOLUTION OF THE PARLAMENT OF THE REPUBLIC OF MOLDOVA REGARDING THE CONFIRMATION OF THE CENTRAL ELECTORAL COMMISSION MEMBERSHIP Adopted December 16,1997, No 1405-XI11 ELECTION-RELATED LEGISLATION AND DOCUMENTATION I.1-1 1-ZIMOLOOVA. MARCH 22, 1998. PARLIAMENTARY ELECTIONS INTERNATIONAL FOUNDATION FOR ELECTION SYSTEMS ELECTQRAL CODE (EXTRACT) The will ofthe people is the foundation ofthe state's power. This will is expressed byfree elections which are conducted periodically based on an universal, equal, direct, secret and freely expressed vote. The state guarantees the expression of a citizen'sfree will by defending the. democratic principles and the norms of electoral laws. This Code establishes the method of organizing and conducting elections of the m Parliament of the Republic of Moldova, the President of the Republic of Moldova and the local public administrative bodies, and organizing and conducting referenda. Parliament adopts this Code. TITLE I GENERAL PROVISIONS CHAPTER 1. conducting a referendum. It also stands for the actions of citizens, parties, socio-political orga- GENERAL DEFINITIONS AND nizations, electoral blocs, electoral associations PRINCIPLES and state organs for the preparation of voter rolls,' the nomination and registration of candi- Article 1. General Definitions Used in dates, pre-election campaigning, voting and the This Code tabulation of results, as well as for other elec- tion related actions under current laws. For purposes of this Code, the following tern have the indicated meanings: "General elections" refers to any type of elec- tions conducted within one day - Sunday, or "Electoral poster" refers to electoral appeals, any other day indicated in the decree estab- statements, photos and other materials of lishing the date of elections, throughout the electoral candidates, used for purposes of entire territory of the republic. electoral propaganda. "Electoral bloc" refers to voluntary union of "Pre-election propaganda" refers to the pre- two or more parties and/or socio-political or- paration and distribution of information seek- ganizations registered with the Central Elec- ing to determine the voters to vote for one or toral Commission for joint participation in the another electoral candidate. elections. "Voter" refers to a citizen of the Republic of "Electoral campaign" refers to the time peri- Moldova eligible to vote. od commencing for each electoral candidate 'iElection"unless specified otherwise, refers to on the day he is registered with the Central the election in the Republic of Moldova of dep- Electoral Commission or district electoral uties in Parliament, the office of President or council, and ending on the day of his exclu- at the kvel of local public adminisbation, or sion or the day of elections. ELECTION-RELATED LEGISLATION AND DOCUMENTATION 1-3 "Candidate" refers to an individual runnine.- "Locality" herein refers to the territorial-ad- for an eligible public position on behalf of par- ministrative units, organized according to cur- ties, socio-political organizations- and elector- rent laws (districts, municipalities, cities, vil- a1 blocs, or irrespective of these. lages (communes)and territorial-administrative "Independent candidate" refers to an individ- units with special status). ual proposing his candidacy for an eligible "Electoral bodies" shall refer to bodies that public position, independently of parties, so- organize the election of deputies in Parlia- cio-political organizations and electoral blocs. ment, the office of President or at the level of "District" refers to an administrative elector- local public administration and referenda. al unit where elections and referenda are or- "Socio-political organizationsnrefersto par- ganized and conducted. ties, fronts, leagues, political and people's "Electoral contestants" refers: movements, registered under current laws on parties and socio-political organizations. - in a Presidential election, to candidates for the position of President, registered by the "Parties" shall refer to voluntary citizen or- Central Electoral Commission; ganizations, organized and registered accord- ing to the law on parties and other socio-po- -in a Parliamentary election, to indepen- litical organizations. dent candidates, as well as parties, socio- political organizations and electoral blocs An "electoral period" refers to the time peri- whose lists of candidates have been regis- od commencing with the day the date of elec- tered by the Central Electoral Commission; tions is officially announced and ending on the ciay the election results are confirmed by - in the case of elections for positions in local the relevant bodies. public administration, to individuals run- ning for the position of mayor or indepen- "Persons entitled to assist at the electoral pro- dent candidates, parties, socio-political or- cedures" refers to observers of the electoral can- .ganizations, and electoral blocs registered didates at precincts, foreign observers acaedit- by the respective district electoral councils. ed by the Ministry of Foreign Affairs, observers accredited by the Central Electoral Commission, "Central ElectoralCommission" refers to the as well as representatives of mass media. commission of the same name which operates continuously under this Code. "Referendum" refers to the vote of the people with respect to the major issues of state and "Voting rights" refers to a citizen's constitu- society as a whole, aiming at their solution, tional right to elect, be elected and vote with as well as to citizen consultation on local is- respect to the most important issues of the sues of special interest. state and society (of general and/or local in- terest). Article 2. Principles of the Participation "List of candidates" refers to the list of candi- in Elections dates proposed by parties, socio-political or- (1) Citizens of the Republic of old ova par- ganizations and/or electoral blocs for prtici- ticipate in elections on the basis of uni- pation in the election. versal, equal and direct suffrage, with free "Voter rol1s"refers to the lists of citizens with and secret voting. the right to vote residing within the territory (2) Participation in elections is based on a cit- of a precinct. izen's free will. No one can exercise any "Petition" refers to the list of signatures col- influence on a voter to motivate him to lected in support of candidates or to initiate a participate or not in the elections, or on referendum. the expression of a voter's free will. 1-4 MOLDOVA. MARCH 22, 1998. PARLIAMENTARY ELECTIONS IWTERNATIOMAL FOUNOATIOM FOR ELECTION SYSTEMS (3) Citizens of the Republic of Moldova re- Article 10. Voting for One Electoral siding outside the country shall enjoy full Candidate voting rights under this Code. Represen- tatives of diplomatic and consular mis- An individual votes for one electoral candi- sions shall be obliged to help these citi- date in an election, and expresses one will zens exercisetheir vbting rights. .with respect to each question in a referendum. Article 3. Universality of Voting CHAPTER 2. THE RIGHT TO ELECT AND . Citizens of the Republic of Moldova have the right to elect and be elected irrespective of BE ELECTED. LIMITATIONS race, nationality, ethnic origin,.language, re- ligion, gender, opinion, political affiliation, Article 11. The Right to Elect property or social origin. Citizens of the Republic of Moldova who, by the day of the elections, have reached the age Article 4.Equality of Voting of 18, have the right to vote in elections in the Each voter has one vote in one election. All Republic of Moldova, except for those de- votes have equal legal effect. prived of this right. Article 5. Direct Voting Article 12. The Right to Be Elected A voter votes in elections on his own. Voting Citizens of the Republic of old ova eligible on behalf of other individuals is prohibited. to vote and meeting the requirements set forth in this Code have the right to be elected. Article 6. Secret Voting Article 13. Limitations Voting in elections or referenda is secret. The possibility of'control of a voter's will shall be (1)'~hefollowing individuals cannot vote: excluded. a) those who do not meet the requirements specified in Article 11; Article 7. Free Voting b) those declared incompetent or deprived No one has the right to exert any pressure on of their voting rights by a final decision a voter to make him vote or not, nor to pre- of a court of law; vent him from expressing his will. c) those sentenced to incarceration by a fi- nal decision of a court of law.