Elections in plain words: rights and responsibilities of candidates

On February 24, for the first time in the Republic of Moldova, the 101 MPs will be chosen based on the mixed electoral system, which represents a combination of the proportional representation system and the majority one. This way, 51 MPs will be elected based on the majority vote as part of 51 uninominal constituencies, by one MP for each constituency, while 50 MPs will be chosen on party lists, as until now. The candidates fielded by parties and the independent candidates can run in only one uninominal constituency. The same person can be included in one list of candidates for the uninominal constituency, by one on behalf of an election contestant.

All the contestants take part in the election campaign in conditions of equality and benefit from equal rights in using mass media financed with state budget funds. Throughout the election campaign, the candidates can be suspended from their permanent job without maintaining the salary. In the electoral period, the candidates cannot be fired or transferred to another job or post without their agreement and cannot be held accountable, arrested, detained or fined without the consent of the electoral body that registered them, except for cases of flagrant offenses.

The electoral contender can withdraw from the electoral race based on a written declaration submitted to the electoral body that registered this, but not later than seven days before the election day. After this period expires, the registration of contenders can by annulled only by the electoral body that registered these based on a court decision. The candidate who withdraw from the race is obliged to give back the equipment and financial resources allocated to this by the state for conducting the election campaign.

The candidates cannot use public property in the election campaign, while the public authorities and institutions cannot provide public assets or other favors to election contestants if only on a contract basis, in equal conditions for all the election runners. The candidates cannot use images of national or foreign state institutions or public authorities or of international organizations. It is not allowed combining colors or sounds that invoke national symbols of the Republic of Moldova or another state or using materials showing historical personalities from the Republic of Moldova or other countries, the symbols of other states or international organizations or the image of foreign officials.

At the request of contestants, the electoral bodies accredit observers for monitoring the elections in polling places established in the country and abroad. Both Moldovans and foreigners and representatives of foreign international and nongovernmental organizations can be accredited as observers.

The contenders can challenge the actions or inaction and decisions of electoral bodies in court and the actions and inaction of competitors at the electoral bodies. The contestants who consider their rights were violated through the agency of press materials can ask for the right to reply. The written application can be submitted to the respective media outlets within two days of the broadcasting or publication of the information. In case of broadcasters, the refusal to give the right to reply is disputed at the Broadcasting Code, while in the case of newspapers and online portals in courts.

For the violation of the electoral legislation, the electoral bodies can punish the election runners by warning them, bringing contravention proceedings against them, stripping them of allocations from the state budget or annulling their registration. If a warning is issued two times in the course of an electoral period for violations concerning the financing of the election campaign, the Central Election Commission strips the contestants of state budget allocations for a period of six months to one year.
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The IPN division “Elections in plain words” is designed to explain notions, terms and practices related to the parliamentary elections based on the mixed electoral system and the consultative referendum that will take place on February 24, 2019.

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