Promo-LEX about Election Code’s new elements for November 5 local elections

A number of provisions of the Election Code adopted in December 2022 will be for the first time applied at the local general elections of November 5, 2023. Promo-LEX Association made a retrospect of these in connection with the starting of the electoral period prior to the elections on November 7, IPN reports.

Election date

Promo-LEX said that until now the date of the local general elections was set by Parliament decision at least 60 days before the elections. Under the new Election Code, the local general elections are held on the last Sunday of October or the first Sunday of November. The election date is set by the Central Election Commission at least 70 days before the elections. Promo-LEX supported this amendment that ensures stability and predictability in electoral processes.

Two voting days

The new Election Code allows for the possibility of holding the election during two days, on Saturday and Sunday, at particular polling stations. This is decided for objective reasons, such as pandemics, exceptional situations, ensuring of the right to vote in unordinary conditions, large number of voters registered at polling stations established abroad and others, by the CEC’s decision at least 25 days before the election day.

Fewer signatures

Promo-LEX welcomed the amendment that aligns the national legislation with a number of international standards and practices, namely the reduction in the number of signatures in support of independent candidates for mayor from 5% to 1% of the registered voters, with a minimum of 100 signatures. Earlier, the voters could support by signature only one candidate. Now they can support more independent candidates for more elective posts, but cannot support the same candidate by signature twice or more times.

Donations in cash limited to average salary

Private individuals can make donations in cash in the amount of up to one average official salary for a given year out of the total of six average monthly salaries that can be donated in total. Earlier, it was possible to donate up to three salaries.

The standardization of possibilities of donating for the citizens of the Republic of Moldova from the country and from outside it is another new element of the electoral legislation. This way, in both of the cases the private individuals can donate up to six average official monthly salaries set for a given year, but not more than 30% of their annual income registered for the previous calendar year.

40% for both sexes

The lists of local and district councilors will be compiled by taking into account the minimum representation quota of 40% for both sexes. The candidates will be placed on the list according to the formula: minimum four candidates of a sex for each ten places.

Start of election campaign

Earlier, the election campaign for contenders competing in the local elections started when the candidates were registered. Now, campaigning will be permitted during 30 days before election day, regardless of the type of election.

Organized transportation to polling stations banned

The banning of organized transportation of voters on election day is another provision that was supported by Promo-LEX.
 
Right to vote for those with residence registered over three months ago

In elections to choose the local council and the mayor, only electors with the domicile or temporary residence in the given territorial administrative unit, registered over three months before the first round of voting, will be able to take part.

Lowering of age for candidates for mayor

The reduction of the age for candidate for mayor from 25 to 23 years was supported by Promo-LEX as reasonable and compliant with the international standards. The Association asked yet to review the eligibility condition under which the candidate must have at least general education for being able to run for mayor because this condition is discriminatory and runs counter to the international standards.

Election contenders will no longer have observers

The election contestants will no longer have observers and this right will be kept at national level only for public associations and electoral research and training institutions.

Confirmation of election and validation of mandates

The voter turnout of minim 1/5 of the voters for validating the runoff vote. Promo-LEX doesn’t consider it necessary to institute a minimum voter turnout for the runoffs that are a follow-up to the first round of voting that was already validated.

The confirmation of the election and validation of the seats of the local elected officials by district electoral councils. Promo-LEX a recommended maintaining the court’s duty to validate the local elections as the district electoral councils can be unable to take a fully objective decision regarding the validation of the elections they organized.

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