Print   

LAW No 68/1992

ON THE ELECTION TO THE CHAMBER OF DEPUTIES AND THE SENATE

SOURCE: ACEEEO and IFES, Election Law Compendium of Central and Eastern Europe, Kiev 1995.

CHAPTER I. GENERAL PROVISIONS

ARTICLE 1.

The Chamber of Deputies and the Senate shall be elected by universal, equal, direct, secret, and freely expressed suffrage, under the conditions of the present law.

ARTICLE 2.

Each voter has the right to cast a single vote for the election to the Chamber of Deputies and a single vote for the election of the Senate.

ARTICLE 3.

1. Deputies and Senators shall be elected in constituencies on the basis of a list system and independent candidatures, according to the principle of proportional representation.

2. The norm of representation for the election to the Chamber of Deputies shall be of one Deputy to seventy thousand inhabitants.

3. The norm of representation for the election to the Senate shall be of one Senator to one hundred and sixty thousand inhabitants.

4. The number of Deputies and Senators which will be elected shall be determined by relating the number of inhabitants of each constituency to the norms of representation provided under paragraphs (2) and (3), to which it shall be added one Deputy or Senator seat for what exceeds half the representation norm, without the number of Deputies being smaller than four, and that of Senators smaller than two.

5. The number of inhabitants taken into account, according to paragraph (4), shall be that existing on July 1 of the preceding year, published in the Statistical Year Book of Romania. If, at least five months before the date of elections, a general census of the population takes place, the number of inhabitants taken into account shall be that resulting from the census, and published by the National Committee for Statistics.

6. The numbering of the constituencies, and the number of Deputies and Senators which are to be elected in each constituency are provided in Schedule No. 1.

ARTICLE 4.

1. Legally constituted organizations of citizens belonging to a national minority, which in the elections have not obtained at least one Deputy or Senator mandate shall have the right, together, according to Article 59, paragraph (2) of the Constitution, to a deputy mandate, if they have obtained throughout the country at least five per sent of the average number of validly expressed votes throughout the country for the election of one Deputy.

2. The organizations of citizens belonging to national minorities participating in the elections shall be, as far as electoral operations are concerned, juridically equivalent to political parties.

3. Organizations of citizens belonging to national minorities which have participated in the elections on the common list of these organizations shall also benefit by the provisions under paragraph (1); in this case, if no candidate from the common list has been elected, a Deputy mandate shall be assigned for all the organizations which have proposed the list, under the observance of the provisions under paragraph (1).

4. The provisions under paragraph (3) shall not apply to an organization of citizens belonging to a national minority which has participated in the elections on the common list with a party or another political formation, or both on common lists, according to paragraph (3), and on their own separate lists.

5. The Deputy mandate assigned according to paragraph (1) or (3) shall be granted over and above the total number of Deputies resulting from the norm of representation.

ARTICLE 5.

1. The candidacies for the Chamber of Deputies and for the Senate shall be proposed on separate lists of candidates only by parties and other political formations constituted according to the law.

2. The number of candidates on each list can be greater than the number of mandates resulting from the norm of representation by two to one quarter of these mandates; fractions shall be rounded up to the figure one.

3. In the same constituency, a party, a political formation, or a coalition of these ones shall be allowed to propose, for each of the Chambers of Parliament, only a single list of candidates. Coalitions of parties and of political formations shall be allowed to be made only at the national level. Parties and political formations from electoral coalitions shall be allowed to participate in elections only on the lists of the coalition. A party or a political formation can belong only to a single electoral coalition.

4. The lists of candidates shall also specify the political affiliation of the candidates, as the case may be.

5. An independent candidate can participate in elections only individually, and if he or she has the support of at least 0.5% of the total number of voters registered in the permanent lists of the localities situated in the constituency in which he or she has put up their candidature. Independent candidatures on lists of candidates proposed by parties or political formations, or by coalitions of these ones shall not be permitted, nor shall be permitted lists of independent candidates.

6. One person may stand as candidate either for a Deputy mandate, or for a Senator one, and only in a single constituency.

7. Candidatures on several lists of candidates, or both on lists and as independents shall be void.

ARTICLE 6.

1. The date of elections shall be settled, and publicly announced by the Government, at least sixty days before the election day, and up to the passage of five days since the date when the terms provided under Article 60, paragraph (2) of the Constitution start to be counted.

2. Elections shall take place in a single day, which shall be only Sunday.

3. The sequential number of the ballot on the voter’s card shall be established and announced publicly by the Government at the same time as the date of elections.

4. The public announcement shall be made through the "Monitorul Oficial" of Romania and through the press.

CHAPTER II. VOTER LIST AND VOTER’S CARDS

SECTION 1. VOTER LIST

ARTICLE 7.

The voter lists shall include the citizens with the right to vote. They shall be permanent or special.

ARTICLE 8.

1. The permanent voter lists shall be drawn up for each locality, and they shall include all the citizens with the right to vote who have their domicile in the locality for which these lists were prepared. Romanian citizens residing abroad may, at their request, be registered in the permanent voter lists of the locality where they were born, or where they had their last domicile in the country. The request shall be presented to the Diplomatic Mission of Romania in the country where they reside, or to the local council directly.

2. The permanent voter lists shall be drawn up by the mayors of the communes, towns, municipalities, or of the territorial-administrative subdivisions of the municipalities.

3. The permanent voter lists shall be drawn up at communes by villages, and at towns, municipalities, and territorial-administrative subdivisions of municipalities, by streets.

4. The permanent voter lists shall specify the name and surname, date of birth, and residence of the voters, according to the running number of the buildings in which they live, as well as the number of the constituency.

5. The permanent voter lists shall be drawn up in two official fair copies signed by the mayor and the secretary of the local council, and they shall be filed in two special registers with detachable leaves, one of which shall be kept by the secretary of the local council and the other by the court of first instance in whose territorial area the respective locality is situated.

6. The mayor shall compulsorily inform the court of any changes in the voter lists.

ARTICLE 9.

1. The permanent voter lists shall be updated by the mayors, every year in January as well as within fifteen days at the most after the date established as polling day.

2. Deceased persons shall be struck off from the voter list on the basis of a notification received from the local public service where the demise was recorded. The notification shall be transmitted within twenty four hours.

3. Persons who have lost the Romanian citizenship shall be struck off from the voter list on the basis of a notification from the Ministry of Justice.

4. Disfranchised persons shall be struck off from the voter list on the basis of a notification, ex officio, from the judicial instance.

ARTICLE 10.

1. Each voter shall be registered only in a single permanent voter list.

2. The registration in the permanent voter lists is compulsory. In case of change of domicile, the authority competent to effect the change shall be compelled, ex officio, to communicate to the mayor the necessary data for the registration of the respective citizen in the voter list at the new domicile and for correspondingly striking him off from the voter list of the locality of the former domicile.

ARTICLE 11.

Special voter lists shall be drawn up in the cases provided by the present law, and they shall specify the name and surname, domicile, date of birth, number and series of the identity paper of the voter. The lists shall be signed by the president of the electoral commission of the polling station where they were drawn up.

ARTICLE 12.

1. The voters have the right to verify their registration in the voter lists. Objections against omissions, wrong registrations, and against any possible errors in the lists shall be presented to the authorities which have drawn up the lists, and these shall be compelled to settle the objection by an order within three days at the most after the date of registration.

2. Complaints of the orders passed shall be settled within three days at the most after their registration, by the court of first instance in whose territorial area the voter resides, or, in the case of those recorded in special lists, by the court of first instance in whose territorial area the electoral commission of the polling station which has drawn up the list is situated. The judgment delivered shall be executory. Against the judgment passed an appeal can be made within forty eight hours after its declaration. The appeal shall be settled within three days after its registration.

3. Objections formulated with regard to the special lists from abroad shall be settled by the head of the diplomatic mission or by his deputy. Complaints of the dispositions given by the head of the diplomatic mission or by his deputy shall be registered at the seat of the mission and shall be sent for settling to the court of first instance of the first district of the municipality of Bucuresti, the provisions of paragraph (2) being correspondingly applied.

ARTICLE 13.

1. The mayors who have drawn up the permanent voter lists shall send a copy of the lists, including the voters in each polling station, to the electoral commission of the polling stations, within twenty four hours from their setting up.

2. Modifications that have taken place after the copies of the voter lists have been sent shall be notified to the court of first instance and to the electoral commission of the polling station within twenty four hours.

SECTION 2. VOTER’S CARDS

ARTICLE 14.

1. The right to vote shall be exercised only on the basis of a voter’s card, issued under the terms of the present law. Romanian citizens from abroad can also vote without a voter’s card.

2. The form of the voter’s card is presented in Schedule No. 2.

3. Each voter shall receive only one voter’s card.

ARTICLE 15.

1. The voter’s cards shall be permanent and they shall be valid for all electoral consultations with a national character, according to the number of polls provided in their content, and they shall be handed over to the voters registered in the permanent voter lists of the locality in which they leave their domicile.

2. The voter’s card shall be kept and used only by the holder.

ARTICLE 16.

1. The voter’s card shall be drawn up by the mayor of the locality where the voter resides.

2. The voter’s card shall be handed over on the basis of the identity paper only to the holder, under his signature, by:

a) the mayor who has drawn it up;

b) the mayor of the locality where the voter has his residence, within ten days after the voter’s request; the mayor to whom the request was directed shall ask the mayor of the locality where the voter has his residence to send the voter’s card, and the latter, in sending the card, shall make the adequate mention in the permanent voter list of the locality;

c) the electoral commission of the polling station of the locality where the voter has his residence, for voter’s cards which have not been taken over; to this end, the voter’s cards which have not been taken over shall be handed over by the mayor, three days before the election day, to the electoral commission of the polling station, on the basis of an official report stating the number of voter’s cards, the names, surnames, and residences of the holders.

3. The domicile or place of residence shall be proved only with the identity paper.

4. After the voter lists have been updated according to Article 9, paragraph (1), the voter’s cards for citizens who shall be eighteen years of age by January, or who shall reach this age up to the election day inclusive shall be drawn up and handed over according to the provisions of paragraphs (1) and (2).

5. Complaints and objections concerning the drawing up and the delivering of the voter’s cards shall be made with the observance of the provisions of Article 12, which shall apply accordingly.

6. An account of the voter’s cards shall be kept by the secretary of the local council.

ARTICLE 17.

1. In case of loss or destruction of the voter’s card, regardless of the motive, a duplicate may be issued by the mayors provided under Article 16, paragraph (2), sub-paragraphs (a) and (b), who shall make a mention of this on the permanent voter list of the locality.

2. The duplicate shall be issued at the request of the holder and on his responsibility. The original declared lost or destroyed shall be void de jure.

CHAPTER III. POLLING STATIONS

ARTICLE 18.

1. Polling stations shall be organized in localities, as follows:

a) in localities with a population over two thousand inhabitants, one polling station for each lot of one thousand to two thousand inhabitants;

b) in communes with under two thousand inhabitants, one single polling station.

2. Polling stations can also be organized in villages or clusters of villages with a population of up to one thousand inhabitants, located farther than five kilometers from the polling station in the residence of the commune.

ARTICLE 19.

1. Separate polling stations can be organized in military units as well as in hospitals, maternity hospitals, sanatoria, invalid homes, and homes for aged people, having at least fifty voters.

2. Polling stations can also be organized in railway stations, bus terminals, ports, and airports, for voters who, on election day, are traveling.

3. For regular day students and for schoolboys and schoolgirls who have the right to vote, and whose residence is not in the locality in which they are educated, a polling station shall be organized in each student’s or pupil’s hostel, for a number starting from five hundred to two thousand voters.

4. At the polling stations organized in military units there shall vote only the military belonging to the respective unit, and at those for students and pupils, only the students and pupils from the affiliated teaching units.

ARTICLE 20.

1. A polling station shall be organized at each of Romania’s diplomatic mission and consular office for the voters that are members of these representations and their families as well as for Romanian citizens traveling or living abroad who on election day shall be in the respective countries. These polling stations shall be part of the constituency of the municipality of Bucuresti.

2. On ships flying the Romanian flag, which are navigating on election day, polling stations shall be organized, belonging to the constituency of the place where the ship is registered.

ARTICLE 21.

Voters shall vote both for the Chamber of Deputies and for the Senate at the same polling station.

ARTICLE 22.

1. The delimitation of the polling stations shall be established by the local councils of the communes, towns, municipalities, or territorial-administrative subdivisions of the municipalities.

2. All polling stations from a constituency shall be numbered, regardless of the localities, starting with the residential locality of the county, respectively with that of the Ilfov Agricultural District, and continuing with those from the municipalities, the other towns, and then with those from the communes, in alphabetical order; in municipalities with territorial-administrative subdivisions, the numbering shall be made under the observance of the order of these subdivisions, provided by the law.

3. The prefects are obliged to carry out the numbering of all polling station within ten days after the fixing of the election date, and to give public notice of this numbering and of the delimitation of each polling station, indicating also the place where the voting will take place.

4. The mayors of the localities and the secretaries of the local councils shall ensure all the data, information, and support necessary for the prefects to fulfill the obligations provided under paragraph (3).

CHAPTER IV. ELECTORAL COMMISSIONS

ARTICLE 23.

1. For the purpose of the proper conduct of electoral proceedings, the Central Electoral Commission, constituency commissions, and electoral commissions of polling stations shall be set up for each voting, under the conditions of the present law.

2. The electoral commissions shall be formed only of citizens which have a vote; candidates cannot be members of the electoral commissions.

3. In achieving the attributions incumbent upon the electoral commissions, all members which they are formed of shall be deemed to exercise a function which implies State authority. The correct and impartial exercise of this function is compulsory.

ARTICLE 24.

1. The Central Electoral Commission shall be formed of seven judges of the Supreme Court of Justice and sixteen representatives of the parties, political formations, and their coalitions, participating in the voting.

2. The designation of the seven judges shall be made in a public sitting, within five days after the fixing of the election date, by the president of the Supreme Court of justice, by drawing lots, from among all the active judges of the Court. The result of the lots shall be recorded in a minute signed by the president and the head adviser of the Supreme Court of Justice, which shall also constitute the act of investiture. The date of the sitting shall be made publicly known through the press by the president of the Supreme Court of Justice, at least forty eight hours in advance.

3. Within twenty four hours after the investiture, the designated judges shall elect among them, by secret ballot, the president of the Central Electoral Commission. In this organization, the Central Electoral Commission shall exercise all the attributions that are incumbent upon it, according to the present law, and it shall next be completed with the representatives of the parties, political formations, and their coalitions.

4. Within two days from the date up to which nominations can be made, the parties, political formations, and their coalitions participating in the election shall communicate in writing to the Central Electoral Commission the number of the lists of candidates from all the constituencies, as well as the name and surname of their representatives. Notifications transmitted after this term shall be disconsidered.

5. The designation of the representatives of the parties, political formations or of their coalitions to the Central Electoral Commission shall be made in decreasing order of the share of the number of lists of candidates notified by each party, political formation or their coalitions, according to paragraph (4), in the number of the constituencies throughout the country. A party, political formation, or a coalition of them cannot have more than five representatives.

6. Persons having the quality of representatives of a party, political formation, and their coalitions in the Central Electoral Commission shall be established in the order mentioned in the notification provided under paragraph (4).

7. In case more parties, political formations and their coalitions have handed in the same number of lists, the designation of their representatives shall he made by casting lots, by the president of the Central Electoral Commission, in the presence of the persons delegated by the parties, political formations and their coalitions involved.

8. The completion of the Central Electoral Commission with the representatives of the parties, political formations, and their coalitions shall be made within twenty four hours after the expiration of the term provided under paragraph (4), by the president of the Central Electoral Commission, assisted by three judges, in the presence of the persons delegated by the parties, political formations, and their coalitions which have notified the representatives. The minutes drawn up by the president regarding the way in which the representatives were established shall constitute the act attesting to their quality as members of the Central Electoral Commission.

ARTICLE 25.

1. The Central Electoral Commission shall have the following attributions:

a) it shall supervise the updating of the voter lists; it shall follow up the application of the legal provisions regarding the elections throughout the country’s territory; it shall ensure their uniform interpretation;

b) it shall settle objections referring to its own activity and complaints with regard to the proceedings of the constituency commissions;

c) it shall receive from the constituency commissions the minutes stating the number of validly expressed votes for each list of candidates, and it shall establish if there are parties, political formations, and their coalitions which have not accumulated at least three per cent of the votes validly expressed throughout the country; it shall notify within twenty four hours from the finding, the constituency commissions and make public the parties, political formations, or their coalitions which are in this situation;

d) it shall verify and record the result of the voting; it shall calculate the votes that were not taken into account throughout the country for each party, political formation, and their coalitions fulfilling the condition provided under sub-paragraph (c); it shall ensure the centralized distribution and spreading by constituencies of the mandates which are their due;

e) it shall attest to the allotment of a Deputy mandate to organizations of citizens belonging to the national minorities which have met the conditions provided under Article 4; it shall issue a certificate attesting the Deputy designated on this basis;

f) it shall cancel the voting in a constituency in case the voting and the returns have taken place by fraud of a nature to modify the allotment of the mandates, and it shall order the voting to be repeated;

g) it shall carry out any other obligations which devolve upon it in accordance with the present law.

2. In case the settling of a complaint shall require verifications of facts, these shall be carried out in the presence of a judge from the Central Electoral Commission. Such verifications cannot be made on election day.

3. A complaint for the voiding of the voting in a constituency can be presented only by the parties, political formations, and their coalitions, or by independent candidates participating in the election, within forty eight hours after closure of the polling station, under sanction of the loss of this right. The request must be motivated and it shall be presented together with the proofs on which it is based. The petition may be admitted only if the party having signed is not involved in the fraud. The dispositions of paragraph (2) shall apply correspondingly. The petition shall be settled by the Central Electoral Commission up to the date when the election returns shall be published in the "Monitorul Oficial" of Romania.

4. The decisions of the Central Electoral Commission shall be made known in a public meeting.

ARTICLE 26.

1. The constituency commission shall be constituted of three judges and not more than eight representatives of the parties, political formations, and their coalitions, participating in the voting in the constituency in which the electoral commission operates.

2. The designation of the three judges shall be made in a public sitting, within five days after the fixing of the election date, by the president of the tribunal, by drawing lots from among the active judges of the county tribunal or of the tribunal of the municipality of Bucuresti. The date of the sitting shall be made publicly known through the press by the president of the tribunal, at least forty eight hours in advance. The result of the drawing of lots shall be recorded in a minute signed by the president, which shall constitute the act of investiture. Within twenty four hours from their designation the judges shall, by secret ballot, elect the president of the constituency commission. The commission thus constituted shall fulfill all the duties incumbent upon it according to the present law, and it shall be completed with the representatives of the parties, political formations, and their coalitions, participating in the elections.

3. Within two days from the date up to which the candidatures can be put forward, the parties, political formations, and their coalitions shall notify in writing to the constituency commissions the number of the candidatures on the lists of candidates registered in the respective constituency as well as the name and surname of the representatives. Notifications transmitted after this term shall not be taken into consideration.

4. The designation of the representatives of the parties, political formations, and their coalitions in the constituency commission shall be made in the decreasing order of the share of the number of candidates notified by each party, political formation, and their coalitions, according to paragraph (3), in the total number of candidates from the notifications received. A party, political formation, or their coalition cannot have more than three representatives.

5. The completion of the electoral commission with the representatives of’ the parties, political formations, and their coalitions shall be made according to the provisions of Article 24 paragraphs (6) and (8), which shall apply accordingly. In the event that several parties, political formations, and their coalitions have proposed the same number of candidates, the designation of candidates shall be made by lots, by the president of the constituency commission in the presence of the delegates of the parties, political formations, and coalitions involved.

ARTICLE 27.

1. The constituency commissions shall have the following attributions:

a) they shall follow up the application of the statutory provisions regarding the voting in the constituency in which they operate, and they shall supervise the timely organization of the polling stations;

b) they shall record the candidatures put forward and shall certify their final character;

c) they shall make the necessary publications and postings provided by the law with regard to the lists of candidates and independent candidatures;

d) they shall settle the objections regarding their own activity and the complaints regarding the proceedings of the electoral commissions of the polling stations within the framework of the constituencies in which they functioning;

e) they shall distribute to the electoral commissions of the polling stations the ballot papers, control stamp, and the stamps with the mention "Voted";

f) they shall add up the election returns from the polling stations, and send to the Central Electoral Commission the minutes including the number of votes validly expressed for each list of candidates;

g) on the basis of the findings of the Central Electoral Commission with regard to the parties, political formations, and their coalitions which have not received at least three per cent of the votes validly expressed throughout the country, they shall ascertain the election returns for the constituency, and issue to the Deputies or Senators, as the case may be, a certificate attesting their election;

h) they shall submit to the Central Electoral Commission the minutes including the election returns as well as the objections, complaints, and minutes received from the electoral commissions of the polling stations;

i) they shall fulfill any other attributions incumbent upon them according to the law.

2. The decisions of the constituency electoral commission shall be made known in a public sitting.

ARTICLE 28.

1. The electoral commissions of the polling stations shall be formed of a president, a deputy-president and not more than seven members.

2. The president and his deputy shall, as a rule, be magistrates or jurists who do not belong to any party or political formation, and are designated by the president of the county tribunal or of the tribunal of the municipality of Bucuresti fifteen days before election day, by lots from a list set up by the prefects and notified by them to the president of the tribunal at least five days before drawing lots.

3. In case the number of jurists is insufficient, the list shall be completed with other persons of blameless reputation and who do not belong to any party or political formation.

4. The list proposed by the prefect shall include a number of persons by ten per cent greater than the necessary one, the excess being a reserve at the disposition of the president of the tribunal; the list shall specify the names and surnames, addresses, telephone numbers and signatures of acceptance of the persons proposed.

5. The grouping in the list of the persons, in order to draw lots, shall be made by taking into consideration the necessity for their homes to be as close as possible to the seat of the electoral commission of the polling station.

6. The electoral commissions of the polling stations shall be constituted at the date of designation of their members.

7. The members of the electoral commissions of the polling stations shall be drawn from one representative of each party, political formation, and their coalitions, participating in the ballot, in decreasing order of the number of candidates put forward in the respective constituency.

8. To this end, the president of the constituency commission shall notify the presidents of the electoral commissions of the polling stations, within twenty four hours after their designation, according to paragraph (2), of the number of candidates proposed by each party, political formation, and their coalitions. Likewise, each of the parties, political formations, and their coalitions shall be compelled to notify the president of the electoral commission of the polling station within the same term of the name and surname of their representative.

9. If two or more parties, political formations or their coalitions have the same number of candidates, their representatives shall enter into the composition of the electoral commission of the polling station within the limit of the seats not occupied by the representatives of the parties, political formations, and their coalitions, which, according to paragraph (7), shall be in a more favorable situation; if, by application of this provision, it shall not be possible for all representatives to be included in the composition of the electoral commission, its president shall proceed to the drawing of lots, with the observance of the provisions of Article 26, paragraph (5), which shall apply correspondingly.

10. In the event the parties, political formations, and their coalitions should not have designated their representatives, or the number of their representatives should be insufficient, the completion of the electoral commissions of the polling stations shall be made by the president of the tribunal with persons from the list provided under paragraph (4), by drawing lots.

11. The designation of the members of the electoral commission of the polling station shall be made by its president, on the basis of the notifications provided under paragraph (8) or, as the case may be, of the provisions under paragraph (9), by a document specifying the method used in establishing the representatives, which shall constitute the document attesting their quality as members in the electoral commission of the polling station; the drawing up of the minute shall be made within twenty four hours after the expiry of the term provided under paragraph (8), with participation of the interested parties, political formations, and their coalitions, if to this end they have sent one delegate each.

ARTICLE 29.

The electoral commissions of the polling stations shall have the following attributions:

a) they shall receive the copy of the voter lists notified according to Article 13, paragraph (1), and the voter’s cards that have not been claimed according to Article 16, sub-paragraph (c), and from the constituency commissions, the ballot papers for the voters that are to vote at the polling station, the control stamp, and the stamps with the mention "voted";

b) they shall conduct the polling, and shall take all the necessary measures for keeping order in and around the building of the polling station;

c) they shall count the votes and record the voting returns;

d) they shall settle the objections with reference to their own activity;

e) they shall submit to the constituency commissions the minutes attesting to the voting returns, together with the electoral complaints presented and the documents to which they refer;

f) they shall hand over, with a protocol, the cast and uncontested ballot papers as well as the voided ones, the stamps and other materials required for the voting to the court of first instance in whose territorial area they have their seat; the special voter lists from the polling stations constituted in military units shall be transmitted to these units under military guard, and they shall be preserved by the commander of the unit.

ARTICLE 30.

The electoral commissions shall sit in the presence of the majority of the members of whom they are composed, and they shall take decisions by the vote of the majority of the present members.

ARTICLE 31.

The representatives of the parties, political formations, and of their coalitions in the electoral commissions cannot receive other accreditations provided by the present law.

ARTICLE 32.

1. The parties and political formations participating in the voting, as well as the independent candidates may question the mode of formation and the composition of the electoral commissions within forty eight hours at the most after the expire of the term for their setting up or for the completion of these commissions, as the case may be.

2. Complaints shall be settled by the constituency commission, if they concern the electoral commission of the polling station, by the Central Electoral Commission, if they concern the constituency commission, and by the Supreme Court of Justice, if they concern the Central Electoral Commission, within two days after their filing. The decision shall be final.

CHAPTER V. NOMINATIONS

ARTICLE 33.

1. Nominations of candidates shall be made by constituencies, and they shall be presented to the constituency commissions not later than thirty days before the election day.

2. Nominations of candidates shall be made in writing, in four copies, by the parties and political formations participating in the voting, and they shall be signed by their leadership or the persons designated to sign, and in the case of independent candidates, on the basis of the list of supporters.

3. The list of supporters shall specify the polling date, the name and surname of the candidate, the name and surname, date of birth, address, series and number of the identity paper, and signature of the supporters as well as of the person having drawn up the list.

4. The list of supporters shall constitute a public document involving all the consequences provided by the law.

5. Supporters can be only citizens who have the right to vote.

6. One supporter can give his support only to a single candidate for the Chamber of Deputies and for the Senate.

7. The adhesions of the supporters shall be given on their own responsibility.

8. The nominations of candidates provided under paragraph 2 shall specify the name, surname, domicile, place and date of birth, occupation and profession of the candidates, and they shall be attended by the declaration of acceptance of the candidacy, written, signed, and dated by the candidate.

9. The declaration of acceptance shall specify the name, surname, political affiliation, profession and occupation of the candidate, his express consent to stand as a candidate as well as the specification that he meets the conditions provided by the law in order to be nominated for election.

ARTICLE 34.

1. Persons who, at the date of nomination, do not fulfill the conditions provided by Article 35 of the Constitution in order to be eligible, shall be disqualified for standing as candidates.

2. Likewise, prefects, sub-prefects, and heads of the public services and of other governmental authorities decentralized in territorial-administrative units shall be disqualified from standing as candidates in the constituencies constituted in the territorial-administrative units in which they exercise or have exercised their functions for the past six months previous to the election date.

3. The President of Romania, in case he is elected Senator or Deputy, shall be required to choose between the quality of Member of Parliament or president up to the date of validation.

ARTICLE 35.

1. The constituency commission shall examine the observance of the legal conditions for a person to be able to stand as candidate, and it shall register the nominations which meet these conditions.

2. Two copies of the nomination for candidate shall be kept at the constituency commission, another shall be registered at the tribunal whose territorial area covers the constituency, and a fourth, certified by the commission, shall be returned to the person who has made the registration.

ARTICLE 36.

1. Up to and including twenty days before election day, the citizens, parties, and other political formations may question the nominations.

2. To this end, within twenty four hours after the registration of the nomination, one of the copies of the nomination proposal shall be posted at the seat of the constituency commission.

3. Petitions questioning the registration or rejection of the nominations shall be settled by the tribunal whose territorial area covers the constituency within two days at the most after the filing of the petition. The decision shall not be notified.

4. An appeal may be entered with the court of superior instance against the decision on the questioning within twenty four hours after the decision was delivered. The appeal shall be settled within two days after its filing.

5. The complaint shall specify the name, surname, address, and the capacity of the contestant, the name and surname of the candidate, a statement of the grounds for the questioning, the date and signature of the person entering the petition, and of the person designated to represent him or her, as the case may be.

6. The questioning and appeal shall be entered with the competent instance under sanction of nullity.

7. After expiry of the terms provided under paragraphs (l), (3), and (4), the constituency commissions shall draw up a document declaring the nominations final, and they shall post up the final nominations at their seat and order the printing of the ballot papers.

CHAPTER VI. BALLOT PAPERS

ARTICLE 37.

The ballot papers shall be printed, and the necessary stamps for the voting shall made under observance of the forms provided in Schedule No. 3.

ARTICLE 38.

1. The size of the ballot paper shall be established by the constituency commission, taking into account the number of the lists of candidates, and of the independent candidates, as well as the space required for their printing.

2. The ballot papers shall be printed on white and sufficiently thick paper so that the printed name and the vote cast should not be distinguishable on the back.

3. A sufficient number of quadrilaterals shall be printed on the pages of the ballot paper to include the names of all the candidates, except on the last page which shall remain blank, for the control stamp; the pages shall be numbered.

4. The ballot papers shall be stapled.

5. The quadrilaterals shall be printed parallel to one another, in two columns on the same page.

6. In the upper left hand corner of the quadrilateral there shall be printed the name of the party, political formation, or of their coalition participating in the voting, or, as the case may be, the mention "Independent Candidate", and in the upper right hand corner, the electoral sign.

7. In the quadrilaterals of each ballot paper the lists of candidates shall be printed in the order resulted from the drawing of lots carried out by the constituency commission; the candidates shall be identified on the list by name and, as the case may be, by the political affiliation.

8. For each independent candidate, a distinct quadrilateral shall be printed in the final part of the ballot paper, in the registration order of the nominations.

ARTICLE 39.

1. Electoral signs shall be established by each party, political formation or their coalition, or by each independent candidate, and it shall be notified to the Central Electoral Commission within three days from its establishment.

2. The electoral signs used in the preceding elections cannot be used by other parties, political formations, their coalitions or by independent candidates unless they have the assent of those to whom they belonged, respectively of the parties which formed the initial coalition.

3. In case the same electoral sign should be requested by several parties, political formations, their coalitions, or by independent candidates, the allotment shall be made to the benefit of the party, political formation, their coalitions, or independent candidate having first registered the respective sign, or in case of concomitant registration, or of impossibility to establish the priority, by drawing lots, by the president of the Central Electoral Commission, within twenty-four hours after the expiry of the term provided under paragraph (1).

4. The electoral signs cannot be contrary to the legal order.

5. The Central Electoral Commission shall ensure the publication of the electoral signs on the next day after expiry of the term provided under paragraph (1).

ARTICLE 40.

A coalition of parties having participated in previous elections under a certain denomination can preserve it only if no change has occurred in its initial composition. Likewise, the respective denomination cannot be used by another coalition.

ARTICLE 41.

1. For the entire constituency, the ballot papers shall be printed with letters of the same size and type, and with the same ink, in as many copies as there are voters in the constituency with a supplement of ten per cent.

2. The printing of the ballot papers shall be ensured by the constituency commissions, through the agency of the prefects. The prefects shall be responsible for all the necessary ballot papers to be printed, at least ten days before the date of elections.

ARTICLE 42.

1. The ballot papers shall be handed over to the president of the constituency commission, who shall distribute them to the presidents of the electoral commissions of the polling stations at least two days before the date of elections. The handing over and the distribution shall be made in sealed parcels of one hundred copies, on the basis of minutes.

2. Two copies of the ballot papers, initialed and canceled by the president of the constituency commission, shall be posted one day before polling at the seat of the law courts of first instance as well as at the seat of each polling station.

ARTICLE 43.

At the request of the parties, political formations, their coalitions, or of the independent candidates participating in the voting, the constituency commission shall deliver two initialled and cancelled ballot papers to each of them.

CHAPTER VII. ELECTORAL CAMPAIGN

ARTICLE 44.

1. The electoral campaign shall start when the date of elections has been made public and it shall be closed two days before polling day.

2. In the electoral campaign, the candidates, parties, political formations, all the social organizations, and citizens shall have the right to express their opinions freely and without any discrimination, through meetings, assemblies, the use of radio and television, of the press and of all the other means of mass information.

3. The means used in the electoral campaign shall not violate the law.

4. Any commercial advertising procedure through the press, radio and television for purposes of electoral propaganda shall be prohibited.

5. The organization of the electoral campaign activities in military units shall be prohibited.

ARTICLE 45.

1. The parties and political formations participating in the electoral campaign may, by special law, receive funds from the State budget. The classes of activities carried on within the framework of the electoral campaign which can thus be financed shall be established by the law on the granting of funds. The parties and political formations which have not obtained at least five per cent of the votes validly expressed throughout the country shall return the funds within two months after the election day.

2. The funds received after the opening of the electoral campaign from natural or legal persons in the country, except the subventions provided under paragraph (1), can be used for the electoral campaign of a party or political formation only if they have previously been declared publicly.

3. The funds of the electoral campaign, either directly or indirectly, by natural or legal persons from abroad shall be prohibited. The sums thus received shall be confiscated and paid in as revenue to the State budget.

4. The funds of the electoral campaign of a party, political formation, their coalition, or of an independent candidate by a public authority, a public institution, self-managing public company, or a company in which the State holds most or all of the capital shall be prohibited.

5. Funds for the electoral campaign from the State budget or from other legal or natural persons shall be received only through an authorized financial agent designated for this purpose by the leadership of the party or political formation involved.

6. The authorized financial agent shall be accountable jointly with the party or political formation by which he or she was designated for the lawfulness of the expenses incurred from the subventions granted, and for the observance of the provisions under paragraph (2).

7. The authorized financial agent can be a natural or legal person.

8. A party or political formation can have several authorized financial agents; in this case, the authorization by which they are designated shall specify the limits of their mandate.

9. Several parties or political formations shall be permitted to use the services of one and the same authorized financial agent.

10. The capacity of the authorized financial agent shall be obtained only after official registration with the Ministry of Economic Affairs and Finance and publication in the press.

11. The provisions of the present article shall also apply correspondingly to independent candidates who receive funds from natural and legal persons from the country.

ARTICLE 46.

1. The access to the public services of radio and television broadcasting within the framework of the electoral campaign shall be guaranteed under the conditions of the present article.

2. The parties, political formations, and independent candidates represented in Parliament shall have access to the public services of radio, and television broadcasting subventioned from the State budget. The remaining parties, political formations, and independent candidates shall have access to the respective services on the basis of contracts concluded by the authorized financial agents representing them with the corresponding institutions of the Romanian Radio and Television Broadcasting Companies, unique tariffs per unit of broadcasting time being charged.

3. The parties and political formations participating in the elections shall be under the obligation, forty-eight hours before the date established for polling day, to apply to the management of the public services of radio and television broadcasting, for the granting of broadcasting time. Requests after this term shall not be taken into account.

4. The time-table for the electoral campaign and the allotment of broadcasting time shall be established by a special parliamentary commission together with representatives of the public services of radio and television broadcasting within not more than five days after the opening of the electoral campaign. The allotment shall be made by taking into account that the broadcasting time allotted to the parties and political formations represented in Parliament, under the conditions of paragraph (2), must be twice as long as that allotted to the other parties and political formations, and that it must be proportional to their parliamentary share.

5. After the conclusion of the period for nominations, a new time-table and a new allotment of broadcasting time shall be made, according to paragraph (4), proportionally to the number of the lists of candidates handed in throughout the country. The parties, political formations, and their coalitions which have not handed in lists of candidates in at least ten constituencies shall forfeit the right to broadcasting time over the central radio and television broadcasting stations. Proof of the nominations shall be made with a certificate issued by the constituency commission.

6. Independent candidates shall exercise their right to broadcasting time only once, equally, for a duration from five minutes to one hour, depending on the established time-table and on their number.

7. Interviews, feature reports, and other similar radio and television broadcasting services of general interest for the information of the citizens shall not be included in the right to broadcasting time.

ARTICLE 47.

1. The mayors shall have the obligation, within five days after the beginning of the electoral campaign, to establish special places for the electoral posting up, taking into account the number of parties, political formations, and their coalitions which declare that they will put up lists of candidates, and of persons who declare that they will stand in the elections as independent candidates.

2. The mayors shall ensure that the special places for electoral posting up is stipulated in market places, streets, and other public places frequented by citizens, without hindering the circulation on public roads and other activities in the respective localities. As a preliminary matter, the mayors shall ensure that any posters, graffiti, and signs left over from previous electoral campaigns are removed.

3. The use of places for electoral posters shall be permitted only for parties, political formations, and their coalitions, and for independent candidates participating in the polls.

4. The use by a party, political formation, their coalition, or by independent candidates of the special places for electoral posters so as to prevent their use by another party, political formation, their coalition, or independent candidate shall be prohibited.

5. In places other than those established according to paragraph (1) the posting of electoral bills shall be permitted only with the agreement of the owners or of the holders, as the case may be.

6. On an electoral panel, each party, political formation, coalition of these, or independent candidates shall not put up more than a single electoral poster.

7. The size of an electoral poster shall not exceed 500 mm by 300 mm, and that for summoning an electoral meeting, 400 mm by 250 mm.

8. Electoral posters combining colors so as to evoke the flag of Romania or that of other countries shall be prohibited.

9. The police are under an obligation to ensure the integrity of the panels and electoral posters.

ARTICLE 48.

1. The constituency commissions shall supervise the correct conduct of the electoral campaign in the constituency in which they function, settling the complaints that are presented to them with regard to the obstruction of a party, political formation, coalition of these, or an independent candidate to carry on their electoral campaign under the conditions provided for by the law and by observing electoral ethics.

2. If the constituency commission shall consider, when settling a complaint, that administrative measures or the application of contraventional or penal sanctions are necessary, they shall notify the competent authorities.

3. A petition questioning the settlement by the constituency commission may be presented to the Central Electoral Commission; the settlement of this contestation shall be final.

4. The settlement of complaints and contests shall be made within three days after their registration, and the decisions given shall be published in the press and visibly posted at the seat of the electoral commission by which they were issued.

CHAPTER VIII. CONDUCT OF THE VOTING

ARTICLE 49.

1. Each polling station shall have a sufficient number of polling-booths, ballot-boxes, and voting stamps, proportional to the number of voters on the lists notified by the mayors.

2. The polling-booths and ballot-boxes shall be placed in the same room with the president’s office. The polling-booths, ballot-boxes, stamps, and other materials required by the electoral commission of the polling station shall be ensured and provided by the mayors of the communes, towns, municipalities, and of the territorial-administrative sub-divisions of the municipalities, together with the prefects.

3. The stamps and other materials required by the electoral commissions of the polling stations shall be handed over by the mayors to the presidents of the polling stations on the basis of minutes at least two days before the date of elections. After taking over the ballot papers and the stamps, the president of the ballot station shall ensure their safe storage.

4. The printed forms and other printed matter necessary for the voting shall be handed over to the electoral commission of the polling station on the basis of a document specifying the kind and number of copies of each printed matter.

5. The president of the electoral commission of the polling station shall be present at the seat of the polling station on the eve of election day, at 18:00 hours, and it shall be his duty immediately to take the necessary measures for ensuring order and correctness of voting.

6. The president shall order the fixing of the watch-posts around the polling station.

ARTICLE 50.

1. On election day, at 5:00 hours, the president of the electoral commission of the polling station, in the presence of the other members of the commission, shall verify the ballot-boxes, the existence of the voter lists, of the ballot papers and stamps, after which he shall close and seal the ballot-boxes by applying the control stamp of the polling station.

2. The president shall then make sure that the control stamp is also applied on the ballot papers.

ARTICLE 51.

1. The president of the electoral commission of the polling station shall take the necessary measures for the polling to proceed in good conditions.

2. His powers in this respect shall also extend outside the building of the polling station, in its yard, to the entries into the yard, around the building of the polling station as well as in the streets and public open places, within a radius of five hundred meters.

3. Except members of the electoral commission of the polling station, candidates and accredited delegates, no other person shall remain in the public places from the polling zone or in the polling station more than the necessary time for voting.

4. Accreditation of the delegates shall be made by the Central Electoral Commission for the Romanian press, films, radio and television, and by the Ministry of Foreign Affairs for the foreign press, films, radio and television, and for representatives of certain soliciting international organizations. Infringement of the conditions of accreditation shall, de jure, cancel the accreditation.

5. Accredited observers may attend the voting only if they produce the accreditation document. They shall in no way intervene in the organization and proceeding of the voting, having only the right to inform the president of the electoral commission in case irregularities of which they have become aware. Any act of propaganda for or against a party, political formation, coalition of these ones, or individual candidates or to attempt to influence the voter’s option, as well as the violation in any way, of the conditions set out in the accreditation document shall involve application of legal sanctions, suspension of the accreditation by the electoral commission which has ascertained the violation, and, on polling day, the immediate removal of the respective person from the polling station.

6. For keeping order, the president of the electoral commission of the polling station shall use the necessary agents provided by the prefects together with the Ministry of Home Affairs.

7. For the duration of the polling, members of the electoral commissions and accredited persons shall be prohibited from wearing or exhibiting any badges, or other signs of electoral propaganda.

ARTICLE 52.

Voting shall start at 6:00 a.m., and it shall take place up to 9:00 p.m., when the polling station shall be closed. The president of the electoral commission of the polling station can extend the voting after 9:00 p.m., but not later than 12:00 a.m., subject to the approval of the constituency commission.

ARTICLE 53.

1. The voters may vote at the polling station where they have their place of permanent residence or at the polling stations organized according to Articles 19 and 20 above. Voters voting at polling stations organized according to Articles 19 and 20 shall be registered in special voter lists.

2. The voters who, on polling day shall be in another locality than that in which they are registered in the lists of voters, can exercise their right to vote on the basis of their voter’s card at any polling station, where they shall be registered in a special voter list by the electoral commission of the polling station.

3. The provisions of paragraph (2) above shall also apply to Romanian citizens residing abroad who, ‘on polling day, shall be in the country, on the basis of their passport.

ARTICLE 54.

1. The access of the voters to the polling room shall take place in series corresponding to the number of polling booths. Each voter shall present the voter’s card and the identity paper to the electoral commission of the polling station; after checking the voter’s registration in the voter list or, as the case may be, in the special voter list provided under Article 53, the voter shall be given the ballot papers and the polling stamp, under signature in the voter list. If an voter presents a duplicate of the voter’s card, the electoral commission of the polling station shall mention this in the voter list.

2. The voters who, according to Article 16, paragraph (2), sub-paragraph (c) have received their polling card from the polling station shall confirm the receipt by signing in the minutes drawn up by the mayors when handing over the unclaimed voter’s cards.

3. If an voter, for reasons found by the president of the commission of the polling station, is not able to sign the voter list, this shall be mentioned in the list, and confirmed under signature by a member of the electoral commission.

4. The voters shall vote separately in closed polling-booths, by applying the stamp bearing the mention "Voted" within the quadrilateral of the ballot paper which includes the list of candidates or the name and surname of the independent candidate whom they wish to vote.

5. The stamp with the mention "Voted" shall be of smaller size than that of the quadrilateral.

6. After voting, the voters shall fold the ballot papers so that the white page bearing the control stamp shall remain on the outside, and they shall introduce them into the ballot-box, taking care that they shall not unfold.

7. The wrong folding of the ballot paper does not entail the voiding of the vote.

8. In case the ballot paper opens by mistake, at the voter’s request it shall be made void, and it shall be replaced by a new ballot paper only once, a corresponding mention being made in the minutes of the polling proceedings.

9. The stamp entrusted to the voter for the voting shall be returned to the president of the polling commission, after which the said president shall apply it on the voter’s card in the place corresponding to the number of suffrage.

10. The president can take measures that an voter’s stay in the polling-booth shall not be unduly extended.

ARTICLE 55.

The presidents and members of the electoral commissions of the polling stations as well as the persons whose duty is to maintain order shall vote at the polling station where they carry on their activity, after their registration in the special voter list provided under Article 53 above.

ARTICLE 56.

1. The candidates as well as any other voter shall have the right to question the identity of the person reporting to the polls. In this case, the person’s identity shall be established by the president making use of any lawful means.

2. In case the questioning is found to be justified, the president shall prevent the questioned voter from voting and enter the incident in the minutes, while informing the police authorities of this incident.

ARTICLE 57.

1. The president of the electoral commission of the polling station can, for good reasons, suspend the voting.

2. The suspension cannot exceed one hour, and it shall be announced by posting a bill at the door of the voting building at least one hour earlier. The total duration of the suspensions cannot exceed two hours.

3. During the suspension, the ballot boxes, stamps, polling papers, and other documents and materials of the electoral commission shall remain under permanent guard, while members of the electoral commission shall not leave the polling room all at the same time.

4. Persons who shall assist at the voting, as stipulated in Article 51, paragraph (3), cannot be compelled to leave the polling room during this time.

ARTICLE 58.

1. The presence of any person in the polling-booth except that of the voter shall be prohibited.

2. A voter who, for good reasons, found by the president of the electoral commission of the polling station, cannot vote alone shall have the right to call into the polling-booth an attendant of his or her own choice for helping him. This person cannot be one of the observers or Members of the electoral commission of the polling station.

ARTICLE 59.

For the voters who are not capable of being removed for reasons of illness or invalidity, at the request of those who are in this situation, or of the administration bodies of the health or social protection institutions in which those who are not capable of being removed are confined, the president of the electoral commission of the polling station shall designate, from among members of the commission, a number of persons to go with a special ballot-box and the necessary material for voting to the place where the voter is confined so that the polling may be effected.

ARTICLE 60.

At 9:00 p.m. or at the time up to which the extension of the polling should have been approved under the terms of Article 52, the president of the electoral commission of the polling station shall declare the voting concluded and shall order the polling station to be closed.

CHAPTER IX. COUNTING AND TABULATION OF THE VOTES

SECTION 1. TABULATION OF VOTES AT THE POLLING STATIONS

ARTICLE 61.

1. After conclusion of the voting, and in the presence of the members of the commission and, as the case may be, of the candidates and persons accredited to assist in the voting, the president of the electoral commission of the polling station shall proceed to make an inventory of and seal the stamps with the mention "Voted", and to count and cancel the ballot papers left unused, to verify the seals on the ballot-boxes, and after conclusion of these operations, to open the ballot-boxes.

2. On opening each ballot paper, the president shall read aloud the list of candidates which was voted or, as the case may be, the name and surname of the independent candidate voted and will show the ballot paper to those present. The opened ballot papers shall be arranged by parties, political formations, and their coalitions as well as by independent candidates, and they shall be counted and bound up separately.

3. Ballot papers which do not bear the control stamp of the polling station, ballot papers of another form than the lawfully approved one, ballot papers which do not bear the stamp "Voted", or in which the stamp is applied on two or more quadrilaterals shall be void. The vote shall also be valid in case that, although the stamp applied has exceeded the limits of the quadrilateral, the option of the voter is obvious.

4. The voided ballot papers shall not enter in the calculation of the validly expressed votes.

5. The result of the voting for the Chamber of Deputies and for the Senate shall be recorded in two separate tables. Each of the tables shall be drawn up by a separate member of the electoral commission of the polling station designated by the president. If, at the recording of the results, the candidates are also present, they too shall have the right to draw up a table for each of the Chambers of Parliament.

6. In the tables provided under paragraph (5) above shall be recorded the void votes, the lists of candidates or names and surnames of the independent candidates and the validly expressed votes for each of them.

ARTICLE 62.

1. After opening the ballot-boxes and counting the votes, the president of the electoral commission of the polling station shall draw up minutes in two copies, one for the Chamber of Deputies and one for the Senate, which shall specify:

a) the number of voters according to the permanent voter lists;

b) the number of voters that have participated in the voting; the breakdown of this number into voters from the permanent voter list and from the special list;

c) the total number of validly expressed votes;

d) the number of void votes;

e) the number of votes validly expressed in favor of each list of candidates or of each independent candidate;

f) a brief statement of the objections and questions and the manner of their settlement as well as of the questions presented for settlement to the constituency’s commission;

g) the state of the seals on the ballot boxes at the conclusion of the voting;

h) the number of ballot papers received;

i) the number of unused and voided ballot papers.

2. The minutes shall be signed by the president and by the members of the commission, and they shall have the control stamp applied on them. The signatures shall be put opposite the name, surname, and, as the case may be, political affiliation of each member.

3. On request, a duplicate certified by all those who have signed the minutes shall be issued to all members of the electoral commissions of the polling station who have signed the first copy, the request shall be made before the minutes is drawn up.

4. Missing signatures of some members of the commission shall not affect the validity of the minutes. The president shall mention the reasons which have prevented them from signing.

ARTICLE 63.

1. Throughout the duration of the electoral proceedings and opening of the ballot boxes, objections and questions can be made with regard to these proceedings by the candidates, members of the electoral commission as well as voters (up to the conclusion of the polling).

2. Questionings shall be made in writing, and they shall be presented to the president of the electoral commission of the polling station, who shall issue a certificate of receipt .

3. The president of the electoral commission of the polling station shall decide forthwith on the questions whose settlement suffers no delay.

ARTICLE 64.

1. For the Chamber of Deputies and for the Senate a file shall be created for each which shall include the minutes and the petitions questioning the electoral proceedings of the polling station as well as the void ballot papers and the questioned ones. The sealed files and the stamps shall be forwarded to the constituency commission by the president of the electoral commission of the polling station and by the members of the commission, under military guard, within not more than twenty-four hours after the closure of the polling station.

2. Within twenty-four hours after the receipt of the file, the constituency commission shall send one copy of the minutes to the tribunal in whose territorial area of competence the constituency lies; the parties and political formations as well as the independent candidates may obtain authenticated copies of the minutes.

SECTION 2. TABULATION OF VOTES IN THE CONSTITUENCIES

ARTICLE 65.

1. After receiving the minutes with the results of the counting of the votes, the constituency commission shall draw up separate minutes for the Chamber of Deputies and for the Senate specifying the votes validly expressed for each party, political formation, or their coalition, which they shall forward within twenty-four hours to the Central, Electoral Commission.

2. After receiving from the Central Electoral Commission the report with regard to the parties political formations, or their coalitions which have not obtained at least three per cent of the votes validly expressed throughout the country, the constituency commission shall proceed, according to Article 66, to assign the mandates of Deputy, respectively of Senator.

3. Candidates and accredited persons shall also have the right to assist at the proceedings of the constituency commission.

ARTICLE 66.

1. The assignment of mandates to the candidates on the lists shall be made by having in view only the parties, political formations, or their coalitions which have obtained throughout the country at least three per cent of the votes validly expressed separately for the Chamber of Deputies and for the Senate.

2. The assignment of the mandates shall be made only after the communication of the Central Electoral Commission with regard to the parties, political formations, and their coalitions which have obtained at least three per cent of the total number of validly expressed votes throughout the country, distinctly for the Chamber of Deputies, and for the Senate.

3. The distribution and assignment of the Deputy and Senator mandates shall be carried out in two stages: at the level of each constituency, and at the level of the whole country.

4. At the level of the constituency, the electoral commission shall establish the electoral coefficient of the constituency separately for the Chamber of Deputies and for the Senate, by dividing the number of Deputies and Senators that are to be elected in that constituency into the total number of votes validly expressed for all the lists of candidates, political formations, and their coalitions which meet the condition provided under paragraph (1) and also for the independent candidates; to each list as many mandates shall be assigned as many times the electoral coefficient of the constituency is included in the votes validly for that list; the assignment of mandates shall be made by the constituency commission in the order of registration of the candidates on the list; a mandate shall also be assigned to each independent candidate having obtained a number of votes validly expressed at least equal to the electoral coefficient for Deputies or Senators, as the case may be. The remaining votes, that are those that have not been used, or are inferior to the electoral coefficient, obtained by the lists of candidates of the parties, political formations, and their coalitions which do not meet the condition provided under paragraph (1) above, as well as the mandates that could not be assigned by the constituency commission shall be communicated by it to the Central Electoral Commission to be centrally assigned.

5. The Central Electoral Commission shall total the unused votes and those less than to the constituency coefficient from all constituencies, for each party, political formation, or their coalition which meet the condition provided under paragraph (1), throughout the country, for the Chamber of Deputies and for the Senate separately; the number of votes thus obtained for each party, political formation or their coalition shall be divided by 1,2,3,4, etc., making as many divisions as there are mandates which could not be assigned at the level of the constituencies; the quotients resulting from the division, regardless of the list from which they come, shall be classified in decreasing order down to the number of non-assigned mandates; the smallest of these quotients shall constitute the electoral coefficient throughout the country for Deputies and, seprate for Senators; as many mandates of Deputy or, as the case may be, of Senators shall be assigned to each party, political formation or their coalition as many times the electoral coefficient throughout the country shall enter into the total number of votes validly expressed for the respective party, political formation or coalition, resulting by totalling the unused votes and those less than the constituency coefficient.

6. The spreading of the mandates distributed by the constituencies shall be made by the Central Electoral Commission as follows:

a) For each party, political formation or their coalition, which shall have received mandates according to paragraph (5), the number of unused votes or of those lower than the constituency coefficient, from each constituency, shall be divided by the total number of votes validly expressed for that party, political formation or coalition considered in distributing the mandates throughout the country.

The result thus obtained for each constituency shall be multiplied by the number of mandates due to the party, political formation, or their coalition. The data obtained shall be classified in decreasing order at country level, and in separately decreasing order within the framework of each constituency.

For each constituency, the first parties, political formations or their coalitions shall be taken into account within the limit of the mandates that have remained undistributed in the respective constituency. The last number in this operation shall represent the distributor of that constituency.

The next step shall be the distribution of the mandates by constituencies in the order of the parties, political formations, their coalitions as well as of the constituencies on the ordered list for the entire country as follows: the first number from the ordered list for the whole country shall be divided by the distributor of the constituency from which it originates, resulting the number of mandates that are due to the respective constituency. The procedure shall be continued in the same way with the following numbers from the ordered list for the whole country.

If the number of mandates due to a party, political formation, or their coalition from a constituency have been exhausted, the operation shall be continued without these.

If the number from the ordered list for the whole country is less than the constituency distributor, a mandate shall be granted.

b) In case the granting of mandates in the order resulting from the provisions under sub-paragraph (a) should not be possible, the Central Electoral Commission shall take into account the constituency in which the party, political formation, or their coalition have the greatest number of candidates or one candidate to whom no mandates were assigned, and if, in this way too, there should have remained mandates unindividualized by constituencies, it shall take into account the constituency in which the party, political formation, or the respective coalition have the greatest number of unused votes, or the greatest number of votes inferior to the constituency coefficient.

c) If after application of the provisions under sub-paragraphs (a) and (b) there shall have remained mandates not spread over the constituencies, the Central Electoral Commission shall establish, on the basis of an agreement, the parties, political formations, or their coalitions to which these mandates shall be due according to paragraph (5), and failing an agreement, by drawing lots, within twenty-four hours after the previous operations were dosed.

7. The mandates spread over the lists of candidates according to paragraph (6) shall be assigned by the constituency commission to candidates in the order of their registration in the list.

8. Within twenty-four hours after the closing of each assignment operation, the constituency commission shall issue a certificate attesting to the election of the Deputies and Senators to whom mandates have been assigned.

9. The candidates registered in the lists who have not been elected shall be declared alternate candidates on the respective lists. In case of vacancy of the mandates of Deputies or of Senators elected on lists of candidates, the alternate candidates shall occupy the places that have become vacant, in the order in which they are registered in the lists, if up to the date of validation for the occupation of vacant seats, the parties or political formations on whose lists the alternate candidates have been nominated shall confirm in writing that they belong to them.

ARTICLE 67.

1. The constituency commission shall draw up minutes, separately, for the Chamber of Deputies and for the Senate with regard to all the electoral operations, centralization of the votes, counting and returning of the votes, and assigning of the mandates.

2. The minutes shall specify:

a) the number of the voters from the constituency, according to the permanent voter lists;

b) the total number of voters having participated in the polls; the breakdown of this number by voters on the permanent lists and on the special ones;

c) the total number of votes validly expressed;

d) the total number of votes validly expressed on each list of candidates and for each independent candidate;

e) the number of void votes;

f) the manner of assigning the mandates according to Article 66, the name and surname of the elected candidates as well as the party, political formation, or their coalition which has proposed them, as the case may be;

g) the mandates that could not be assigned at the level of the constituency as well as the votes validly expressed that are to be total, according to Article 66, throughout the country;

h) a brief account of the objections and questioning petitions received, and of the decisions taken by the constituency commission.

3. The minutes, together with the objections, questionings, and the minutes received by the electoral commissions of the polling stations, forming a file, closed, sealed, and signed by the members of the electoral commission shall be forwarded, under military guard, to the Central Electoral Commission, within forty-eight hours at the most after receiving the communication from the Central Electoral Commission referring to the spreading by constituencies of the mandates centrally distributed throughout the country.

ARTICLE 68.

1. The Central Electoral Commission shall settle the objections and questions presented, after which they shall draw up separate minutes for the Chamber of Deputies and for the Senate, specifying for the entire country:

a) the total number of voters according to the permanent voter lists;

b) the total number of voters having participated in the polls;

c) the total number of votes validly expressed;

d) the total number of void votes;

e) the finding with regard to the manner of application by the constituency commissions of the provisions under Article 66, paragraph (4);

f) the allotment throughout the country of the mandates according to Article 66, paragraph (5) and their spreading by constituencies according to paragraph (6) of the same article;

g) the organizations of citizens belonging to the national minorities which, although they have participated in the elections, have not obtained a Deputy or Senator mandate; the totality of the votes validly expressed for the lists of each of these organizations, and the finding of the organizations to each of which a Deputy mandate is due according to Article 4; the name and surname of the first candidate on the list entitled to a Deputy mandate, who has total the greatest number of votes; in the case in which the lists of the organization have obtained an equal number of votes, the designation shall be made by drawing lots;

h) the manner of settling the questionings and objections received.

2. The minutes shall be signed by the president and the other members of the commission in whose presence they were drawn up, and they shall be forwarded to the Chamber of Deputies and to the Senate, in view of the validation of the elections, together with the files set up by the constituency commissions.

3. In view of the validation, the Deputies and Senators shall present to the senior president or acting president, as the case may be, a declaration on the wealth they possess. The declaration shall be confidential, and it shall be presented against a receipt of presentation.

4. The program used by the Central Electoral Commission for the centralized allotment of the mandates and their spreading by constituencies shall be approved by the Central Electoral Commission, and it shall constitute an appendix to the official report which shall be forwarded for the validation of the mandates.

ARTICLE 69.

The Central Electoral Commission shall publish the results of the elections in the press and in the "Monitorul Oficial" of Romania, in due time, for the observance of the provisions of Article 60, paragraph (3) of the Constitution.

CHAPTER X. BY-ELECTIONS

ARTICLE 70.

1. In the event elections should be voided in a constituency, according to Article 25, paragraph (1), sub-paragraph (as well as in the case in which a mandate of Deputy or senator should have become vacant and cannot be occupied by the alternate candidate on the list, by-elections shall be organized.

2. No by-elections shall be organized if the vacancy of a Deputy or Senator mandate has occurred in the last twelve months previous to the expiration of the mandate of the Chamber of Deputies and of the Senate, provided under Article 60, paragraph (1) of the Constitution.

ARTICLE 71.

1. If the by-elections take place as a result of the voiding of elections in a constituency, they shall be held on the basis of the same candidacies, electoral commissions, and at the same polling stations, on the third Sunday after the initial elections were voided.

2. Candidates guilty of fraud shall not participate in the new elections.

3. By-elections organized in case of vacancy of a mandate of Deputy or Senator shall take place under the conditions of an adequate application of the present law, within not more than three months after the notification of the Government by the president of the Chamber of Deputies or, as the case may be, by the president of the Senate, regarding the fulfillment of the conditions provided under Article 70.

4. In case the by-elections provided under paragraph (3) above are organized in a single constituency, no Central Electoral Commission shall be constituted, its duties being fulfilled by the constituency commission.

5. In by-elections shall participate only the voters from the permanent voter lists of the localities within the framework of the constituency where the elections shall be organized.

CHAPTER XI. PETTY AND CRIMINAL OFFENSES

ARTICLE 72.

The following deeds, unless according to the law they are criminal offenses, shall constitute petty offenses:

a) the knowingly registration of an voter in several voter lists in the locality of residence, the registration in the voter lists of fictitious persons or of disfranchised persons, the signing of the list of supporters in violation of the provisions under Article 33 as well as the violation of the provisions referring to the posting up of the lists of candidates and of independent candidates, or to the use of the electoral signs;

b) the unjustified refusal to hand over a voter’s card at the written request of the interested person, or to draw up the voter’s card within the established terms;

c) the omission, by the organizers, to take the necessary measures for the normal proceeding of the electoral meetings as well as the distribution and consumption of alcoholic drinks during these meetings;

d) the destruction, deterioration, soiling, writing over, or spoiling in any way whatsoever of the posted voter lists, planks, political platforms, or of any printed electoral propaganda posters or notices;

e) the posting up of electoral propaganda materials in other places than those allowed or in violating the provision of the present law;

f) the acceptance by a citizen to be registered in several lists of candidates;

g) the omission, by members of the constituency commissions, to bring the proposed nominations to public notice;

h) the refusal to allow access in the polling to the candidates or persons accredited to assist at the polling proceedings;

i) the refusal to obey the orders of the president of the electoral commission of the polling station concerning the ensuring of order in the polling station and in its surroundings;

j) the unjustified refusal to register an voter in the special list, or to hand over the ballot paper and voting stamp to an voter who has signed the voter list: the handing over of the ballot paper to an voter who does not show the voter’s card and the identity paper or who refuses to sign for their receipt in the voter list in which he is registered;

k) the drawing up of official reports by the electoral commission of the polling stations in violating the provisions of the present law;

l) the continuation of electoral propaganda after its closure as well as advising the voters on polling day, at the seat of the polling stations or in the places provided under Article 51, paragraph (2), to vote for or against a certain party, political formation, their coalition, or an independent candidate;

m) the receipt of funding for the electoral campaign other than through an authorized financial agent or in violating, by such an agent, of the obligations that incumbent upon him, according to Article 45, paragraph (4);

n) the wearing of badges, or other electoral propaganda insignia by members of the commission of the polling stations the duration of the voting;

o) the failure, by members of the electoral commissions, to comply with the obligation to participate in the activity of these commissions.

ARTICLE 73.

Petty offenses provided under Article 72, Paragraphs (d), (e), (h), (n), and (o) shall be sanctioned with a fine from 5,000 to 15,000 lei, those under paragraphs (f), (g), (k), (1), and (m), with a fine from 15,000 to 45,000 lei, and those under paragraphs (a), (b), (c), (i), and (j), with a term of imprisonment from one month to six months, or with a fine from 45,000 to 100,000 lei.

ARTICLE 74.

1. The finding of the petty offenses provided under Article 72 shall be made by an official report drawn up by:

a) police officers and non-commissioned officers for the deeds provided under paragraph (a), (b), (c), (d), (e), (g), (h), (i), (j), (k), (1), and (m);

b) mayors and their authorized representatives for the deeds provided under paragraphs (d), (e), and (m);

c) the president of the constituency for the deeds provided under paragraphs (f), (k), (1), (n), and (o).

2. As for the petty offenses provided under Article 72, paragraphs (d), (e), (f), (g), (h), (k), (1), (m), (n), and (o), in his official report, the finding agent shall also settle the fine applied.

3. The provisions of the Law No. 32/1968, except Article 26, shall apply to the petty offenses provided under the previous paragraph.

4. The official report on the finding of the petty offenses provided under Article 72, paragraphs (a), (b), (c), (i), and (j) shall be presented to the law court of first instance in whose territorial area the petty offense was committed, and which shall apply the sanction, taking into account the provisions of the Law No. 61/1991.

ARTICLE 75.

1. The interference by any means with the free exercise of the right to elect or to be elected shall be punished with imprisonment from six months to five years, and interdiction of certain rights.

2. In case that, by the deed provided under paragraph (1) above, an injury to the corporal integrity or health has been caused which requires medical care for a period exceeding sixty days, or which has caused one of the following consequences: loss of a sense or organ, their failure to function, a permanent physical or psychical infirmity, disfigurement, abortion, or endangering the life of a person, the punishment shall be imprisonment from three to ten years.

3. The attempt at the petty offense provided under paragraphs (1) and (2) shall be punished.

ARTICLE 76.

1. The violation by any means of the secret ballot by members of the electoral commission of the polling station or by other persons shall be punished with imprisonment from six months to three years.

2. The attempt shall be punished.

ARTICLE 77.

1. The promise, offer, or giving of money or other advantages for the purpose of inducing the voter to vote or not to vote for a certain list of candidates or an independent candidate as well as their receipt by an voter, to the same end, shall be punished with imprisonment from six months to five years.

2. If the deed provided under paragraph (1) has been committed by an internal observer, the punishment shall be imprisonment from two to seven years.

3. The punishment provided under paragraph (1) shall also be applied to a person voting without having a vote, or to an voter voting more than once on the election day. The attempt shall be punished.

ARTICLE 78.

1. The use of a voided voter’s card, or of a forged voter’s card or ballot paper, the introduction into the ballot box of an additional number of ballot papers than those which an voter is entitled to, or the forging by any means of the documents from the electoral commission shall be punished with imprisonment from two to seven years.

2. The attempt shall be punished.

ARTICLE 79.

1. The attack by any means on the building of the polling station, the theft of the ballot box, or of the electoral documents shall be punished with imprisonment from two to seven years, unless the deed shall constitute a heavier offense.

2. The attempt shall be punished.

ARTICLE 80.

The opening of the ballot box before the hour established for the closure of the polling shall be punished with imprisonment from one year to five years.

ARTICLE 81.

For the offenses provided under Articles 75 to 80, the criminal proceeding shall be started ex officio.

ARTICLE 82.

The goods intended for, used for, or resulted from the petty offenses provided under Article 72 or from the offenses provided under Article 75 to 80 shall be confiscated.

CHAPTER XII. TRANSITORY AND FINAL PROVISIONS

ARTICLE 83.

1. Any costs or expenses incurred for carrying out the election proceedings shall be paid out of the State budget.

2. The seat and equipment of the Central Electoral Commission shall be provided by the Government; those of the constituency commissions, by the prefects, and those of the polling stations, by the mayors, together with the prefects.

3. Any deeds drawn up in exercising the electoral rights provided in the present law shall be stamp-tax exempt.

ARTICLE 84.

1. In support of the activity of the electoral commissions, the Government of Romania shall provide the necessary supporting staff and trained statisticians.

2. For the duration in which the electoral commissions shall be operating, their members, the statisticians, and the supporting staff, who at their work places are employed under a contract, shall be considered temporally transferred.

ARTICLE 85.

1. The trial in court of objections, questionings, or any other petitions provided by this law shall be made according to the rules settled by law for presidential orders, with the compulsory participation of the public prosecutor.

2. No proceedings may be instituted against final decisions passed by courts of justice according to the present law.

ARTICLE 86.

1. The timetable provided in the present law shall be calculated including the first and last day, even if they should not be working days.

2. For the whole duration of the elections, the electoral commissions and courts of justice shall be permanently on duty in order to enable the citizens to exercise their franchise.

ARTICLE 87.

1. Persons disfranchised by a final sentence shall not participate in the voting and shall not be counted in establishing the total number of voters.

2. The provision of Article 59 regarding the special ballot box shall be applied correspondingly to persons under arrest before trial or convicted for an infringement.

ARTICLE 88.

1. The prefects shall verify the correct fulfillment by the mayors of their obligations provided by the present law, and if electoral frauds are found, they shall notify the lawful bodies.

2. Likewise, in case the prefects find that an voter has not been registered in or struck off from the voter lists, according to the law, or that the constituency or polling station commissions have not been lawfully constituted, they shall formulate objections and questionings that shall be settled in agreement with the provisions of the present law.

ARTICLE 89.

For the purpose of the present law, identification paper shall mean the identity paper, the certificate replacing the identity paper, or the diplomatic or service passport, and in the case of conscripts and students at military schools, the military service card.

ARTICLE 90.

Elections for the constitution of a new Parliament shall take place at the date that is to be settled by law.

ARTICLE 91.

For the 1992 elections, in the case of electoral coalitions, to the threshold of three per cent provided under Article 66, paragraph (1) shall be added one per cent of the total validly expressed votes throughout the Country for each member of the coalition, beginning with the second party or political formation, without exceeding eight per cent of these votes.

ARTICLE 92.

1. For the 1992 elections, voting shall be done on the basis of the voter lists used in the local elections, updated within fifteen days from the date when the polling day shall be settled as well as on the basis of the identification paper on which the control stamp of the polling station shall be applied-over the endorsement, written in ink, stating the polling date.

2. The Government shall provide by December 31, 1992 the printing, drawing up and issue of all voter’s cards to all citizens having the right to vote from the voter lists of the localities where they have their residence.

3. The voter’s cards of conscripts shall be sent by the mayor to the commanders of the military units, who shall hand them over against a signature.

4. For the 1992 elections, if the stapling of the ballot papers is not possible, these shall be introduced into the ballot box after the voter has introduced them into envelopes corresponding to their size, provided by the electoral commission of the polling station.

ARTICLE 93.

1. The provision of Article 51, paragraph (3) shall also apply to the delegates accredited by the Central Electoral Commission as internal observers only for the 1992 elections. As internal observers there can be accredited only voters authorized by a non-governmental organization whose single aim is to defend the rights of man, lawfully constituted by the opening date of the electoral campaign.

2. The persons designated as internal observers cannot be members of a party or of a political formation. Their accreditation shall be made for a single polling station. The Central Electoral Commission may accredit to a polling station only one internal observer, on the basis of his or her written declaration to strictly observe the conditions of the accreditation. The declaration shall be given on his or her own responsibility, and it shall constitute a public document, with all the consequences provided by the law. The conditions of the accreditation shall be specified in the accreditation deed; if several persons are authorized for one and the same polling station, the accreditation shall be decided by lots.

3. The provisions of Article 45, paragraph (3), and of Article 51 paragraph (5) shall be correspondingly applicable to non-governmental organizations provided under paragraph (1).

ARTICLE 94.

As for the Constituency no. 42, the competencies provided by the present law for the county tribunal shall be exercised by the Tribunal of the Municipality of Bucuresti.

The present law was adopted by the Chamber of Deputies and by the Senate in the joint session of June 17, 1992, duly observing the provisions under Article 74, paragraph (1), and Article 76, paragraph (2) of the Constitution of Romania.