FINAL REPORT FINAL REPORT November 2020 International Election Observation Mission Presidential Elections in Moldova 1 and 15 November 2020 1 IEOM PRESIDENTIAL ELECTIONS - MOLDOVA 2020 2 FINAL REPORT International Election Observation Mission Presidential Elections in Moldova 1 and 15 November 2020 FINAL REPORT FEBRUARY 2021 The English version of this report is the only official document of ENEMO EOM. 3 IEOM PRESIDENTIAL ELECTIONS - MOLDOVA 2020 4 FINAL REPORT International Election Observation Mission to Moldova Presidential Election, 1 and 15 November 2020 ENEMO Bul. Josipa Broza 23A 81 000 Podgorica, Montenegro email: [email protected] www.enemo.eu Published by: ENEMO - European Network of Election Monitoring Organizations Editors: Dritan Taulla Bosko Nenezic Authors: Dritan Taulla Bosko Nenezic Oleg Reut Reald Keta Milos Antic Ana Mihajlovic Ivan Shushkin ENEMO’s international observation mission for the November 1 Presidential Elections in Moldova was financially supported by the Delegation of the European Union, Government Offices of Sweden, the Kingdom of the Netherlands, and the National Democratic Institute. The content of the document is the sole responsibility of ENEMO and does not necessarily represent the position of the donors. 5 IEOM PRESIDENTIAL ELECTIONS - MOLDOVA 2020 6 FINAL REPORT CONNTENT EXECUTIVE SUMMARY 9 INTRODUCTION AND ACKNOWLEDGMENTS 12 I. BACKGROUND AND POST-ELECTION DEVELOPMENTS 14 II. LEGAL FRAMEWORK AND ELECTORAL SYSTEM 16 COVID-19 pandemic: restrictions and measures influencing elections 18 III. ELECTION MANAGEMENT BODIES 19 Central Electoral Commission (CEC) 20 District Electoral Councils (DECs) 22 Precinct Electoral Bureaus (PEBs) 23 IV. REGISTRATION OF VOTERS 26 V. REGISTRATION OF CANDIDATES 28 VI. ELECTION CAMPAIGN AND CAMPAIGN FINANCE 30 Campaign environment 30 Campaign Finance 33 VII. MEDIA 36 VIII. GENDER REPRESENTATION 39 IX. NATIONAL MINORITIES 40 X. INCLUSION OF PERSONS WITH DISABILITIES 41 XI. COMPLAINTS AND APPEALS 42 Legal framework 42 Electoral disputes 43 XII. ELECTION DAYS 46 XIII. OBSERVERS 49 RECOMMENDATIONS 51 RECOMMENDATIONS 51 Priority Recommendations 51 Other Recommendations 52 To the Parliament of Moldova 52 To Electoral Contestants 53 To the Central Electoral Commission 53 To the Government and Other Institutions involved in the Electoral Process 53 ABOUT ENEMO 54 LIST OF ABBREVIATIONS 55 ANNEXES 56 Annex 1. ENEMO observers 57 Annex 2. Statistical reports on evaluation of PEBs by short-term observers on Election days 60 First round – 1 November 60 Second round – 15 November 74 Annex 3. Irregularities in the open data published by the CEC 89 7 IEOM PRESIDENTIAL ELECTIONS - MOLDOVA 2020 8 FINAL REPORT EXECUTIVE SUMMARY The November 2021 Presidential Elections were competitive and conducted mostly in line Contestants could campaign freely, despite restrictions imposed to protect public health and voterswith the were electoral presented legal withframework a wide ofrange Moldova, of choice. in a relatively professional and efficient manner. The voter turnout was high in both rounds of the election, with a sharp increase in the second. Ms. Maia Sandu was elected President of the Republic with 57.72% of votes cast in the second on 20 November and the result was validated by the Constitutional Court of Moldova on 10 Decemberround. The 2020. Central Maia Election Sandu Commission was sworn adoptedin as President the final of protocol the Republic with theon 24result December of the election 2020. The election related legal framework of Moldova is mostly in line with international standards and good practices and ensures conditions for holding of democratic elections, despite the lack good faith. Many previous recommendations of ENEMO and other international and domestic observersof clarity and have effective not been regulation addressed on and specific still pose matters a challenge that can in be implementing misused, if not elections. undertaken in level of trust in its impartiality was seemingly hindered, especially before the second round of theAlthough election, the due CEC to managed its rather the passive technical approach aspects to of handling the electoral of complaints process efficiently, and legal thenotices, overall as well as the level of disagreement amongst its members on most pressing matters. The CEC sessions were open to media and observers, as well to the public through online streaming. The CEC also published scanned election results protocols of all polling stations for both rounds and, on Election Days provided real-time live updates on voter turnout and preliminary results, which contributed to increasing the transparency of the electoral process. However, minutes of CEC sessions during the second round were not posted online, reducing transparency. New procedures for training of lower-level commissions were established by the Center for Continuous Electoral Training (CCET), including online, whereas special trainings were also organized for different stakeholders involved in the electoral process. However, the level of knowledge of PEB members on the opening, voting, counting and tabulation procedures varied, although this did not seem to negatively affect the overall process. District Electoral Councils (DECs) and Precinct Electoral Bureaus (PEBs) were formed within inthe implementing legal deadline the and electoral in fulfillment process. of legal All requirements.PEBs established Most abroad observed managed DECs performedto organize their the voting,duties efficientlyamidst different and professionally, restrictions imposed especially in inhost terms countries of managing due to theand COVID-19 supporting pandemic. the PEBs A citizen can sign in support of only one candidate, which could be considered a restriction especiallythat challenges for independent political pluralism. candidates, Although as three the required of the four number candidates of signatures that could that notneed gather to be collected by candidates is in line with best practice, such requirements proved to be burdensome, showing that a number of signatures, initially deemed invalid by the CEC, were instead valid. the required number of signatures were independent. Two candidates were registered after 9 IEOM PRESIDENTIAL ELECTIONS - MOLDOVA 2020 This has once again brought into attention previous concerns of ENEMO about the signature verification process, showing it to be open to discretion and human error, resulting in possible unjustified prevention of candidates to stand for election. candidate registration process was ultimately inclusive. Eight candidates, including two women Although the signature collection process and verification can be assessed as burdensome, the ofcontested votes contested the election the secondin the first round, round. two Since weeks no later. candidate managed to acquire more than half of the votes to win the election in the first round, the two candidates with the highest number The voter registration is passive and continuous. The State Register of Voters included 3,287,140 voters, 2,798,306 of which assigned to administrative-territorial units of level II in the country; 256,203 voters from Transnistria; 232,631 voters who do not have a registered domicile or residence, including those who have emigrated abroad. Voters residing in Transnistria and those without a registered address were included in the supplementary voters lists on Election day. Overall, contestants were able to communicate their messages freely to the electorate, and political choices, the campaign was competitive. Messages from the main candidates focused on socialfreedom and of economic assembly issues, was upheld. the geopolitical With a variety orientation of candidates of the country, reflecting infrastructure a broad spectrum projects, of and corruption, yet many campaign topics do not fall under the direct jurisdiction of the the campaign. President. Gender equality policies, language or identity issues did not prominently feature in of campaigning causing the campaigns to be redirected more to the media. The electoral campaignThe COVID-19 was pandemicmostly peaceful and public and calm,health although concerns instances significantly of negative altered thecampaign style and tactics methods and offensive language were often noticed. Political polarization was particularly evident during the second round of the election. possible pressure on employees to attend campaign events. Many allegations of vote buying, ENEMO EOM noticed many instances of the use of advantages of the incumbency or office and subsidies to public sector employees, misuse of administrative resources and similar were increased involvement of public officials (especially mayors), approving of Government conditions. The pressure on public employees and those of large companies increased between theexpressed two rounds, as concerns even leadingby EOM tointerlocutors, intimidation bringing of voters. into As question the campaign fair and progressed, equal campaigning aspects campaigned or endorsed candidates before the second round of the election. of functioners’ campaign were noticed more frequently, as many public officials actively Besides the fact that the CEC was not particularly proactive in handling different allegations instruments offered to this institution by the Electoral Code. ENEMO raises concerns about the related to campaign financing, it can be asserted that this was also due to, inter alia limited legal expenditures,lack of effective especially institutional when oversight