Elections→Parliamentary→2009

Frequently Asked Questions and Answers about electoral rights and procedures

Solutions and comments to the most frequently asked questions about electoral rights and procedures for the 2009 parliamentary elections, listed in the following categories: About voting, The identity acts for voting, Moldovan citizens voting abroad, Judicial procedures.
You can contribute to the development of this page by sending questions about electoral rights and procedures. The answers will be either send by e-mail or/and posted on the website.

About voting
The identity acts for voting
Moldovan citizens voting abroad
Judicial procedures

About voting

Is voting compulsory?
Participating in elections is free (non-compulsory). Nobody has the right to exert pressure on a voter with the purpose to compel him/her to participate or not in elections, as well as to force him/her to express his/her free will.
Can I vote many times?
No. Each citizen has the right to a single vote.
Can I vote at any polling station?
You can vote at the polling station near your residence.
How can I find out where the polling station where I must vote is?
You can find out this information from the regional / municipal electoral constituency council or from the city hall of the locality you live in. You can find out the contacts of the electoral constituency councils from the CEC (Central Electoral Commission), and those of the CEC can be found on www.cec.md.
Where shall I vote if I don’t stay in my residence?
According to article 39(2) of the Election Code, the people with the right to vote who changed their residence, after the last participation in election, have the right to declare their new place of living to the local public administration body, at least 45 days before the next elections, in order to be registered in the voter rolls at the polling station in the precincts of their residence.
Where can I vote if my residence visa is withdrawn?
In this case, you may vote at your last permanent residence, the address of which is indicated in the attachment to your ID card. Another opportunity is to go to the polling station bureau in the neighborhood of your permanent place of residence 20 days before the Election Day, to be issued a certificate enabling you to vote. On the basis of this certificate you will be able to vote at any polling station.
What shall I do if I change my residence before the elections?
If you changed your place of living in the period between the date of making out the voter rolls and the Election Day, ask the polling station bureau placed in the neighborhood of your former residence to hand you out the certificate for the right to vote. On the basis of this certificate you can vote at the polling station in the precincts of your new residence.
What shall I do if my name is not in the voter rolls of the polling station?
You should present your documents in order to prove that you live in this electoral precinct. You will be included in the additional lists and will receive a ballot.
What shall I do if there already is a signature in line with my name in the voter rolls?
You must prove the representatives of the electoral bureau of the polling station that this signature doesn’t match with the one from your identity card. In this case, you have to apply to the chairman of the polling station bureau to make out an act that will note that the right to vote of the person was violated and ask for issuing a ballot paper.
Where must address the students from Chisinau when they go home (to their villages) to be issued certificates enabling them to vote in Chisinau?
The students having no dwelling place, no residence in the localities where they study, will be able to vote in these localities if they have declared their place of living in advance or on the basis of the certificate for the right to vote. They will be able to get this certificate by applying to the electoral bureau of the polling station of their native place. The address of the electoral polling stations bureaus can be found at the city hall of the locality. Students will be able to vote at any polling station having the certificate for the right to vote!
Can I vote if I turn 18 years on the Election Day?
Yes. The voter, who turns 18 on the Election Day and has not managed to prepare his necessary documents, can apply to the territorial offices of population registration and documentation that will urgently issue the provisional ID F-9, the act with which the voter will exert his/her right to vote. If you have already prepared your identity card, you will be able to vote on its basis. In case that your name is not in the basic voter rolls, it will be registered in the additional list.
What can I do if I made mistakes while filling in the ballot paper?
In this case you have the right to ask the commission for another ballot paper, but only one.
Is there such an option “Against everyone” in the ballot papers used in Moldova?
There is not such an option in the ballot papers. Only the electoral contestants will be listed in the ballot papers in the order of their being registered by the electoral bodies in charge. In these conditions, the voter has the task to elect a single electoral contestant he will give his vote for.
Is it mandatory to put voter rolls on the information board of the polling station or they [voter rolls] are presented only upon the voter’s request?
Yes, the voter rolls should be placed in the polling station on an information board or other free, publicly-accessible place.
This requirement is based on the provisions of articles 39 (1) and 40 (2) of the Election Code. According to them, the voter rolls “are made public” and citizens shall be provided with an opportunity to become familiar with the voter rolls and to verify the accuracy of their compilation. Additionally, the Guidance for Electoral BureausRU developed by CEC and IFES recommends displaying the voter rolls within the polling station, so that everybody could check them.

The identity acts for voting

Can I vote on the basis of the ex-Soviet passport?
Yes, provided that it has the note certifying the citizenship of Moldova, the state personal identification number (IDNP) and the residence visa. The persons who renounced the identity cards of Moldova for religious reasons can vote with the Soviet-type passport of the 1974 model without the personal identification number (IDNP) with the notes: “valid for an unlimited term,” the citizenship of Moldova and the residence visa.
What document shall I use if I am a serving military or I am carrying out the alternative civil service?
The serving military vote on the basis of the military ID card, and the persons carrying out the (alternative) civil service — on the basis of the document issued by the Civil Service Center.
Could I vote if the validity term of my identity card has expired or if I have lost my identity card?
The voters who lost their identity cards, those having expired documents and not managing to make new ones, can apply to the territorial offices of population registration and documentation (of the former residence) that will issue a provisional identity card F-9, with which they will come to the polling station within their neighborhood on the Election Day. The provisional identity card F-9 must contain the notes regarding the citizenship of Moldova and the person’s residence visa.

Moldovan citizens voting abroad

Can I vote if I am outside the country?
Yes. You can vote at the diplomatic and consular missions of Moldova. You can apply to the mission or embassy to be included into the voter rolls after electoral campaign is launched and at least 7 days before the elections. On the Election Day you come to the polling station that is opened in the quarters of the embassy or the consular section. The heads of the Moldova’s diplomatic missions and consular offices inform the citizens who are on the territory of state concerned about the date, hour and place of holding elections by posting this information in their quarters (in the building and /or on their billboards), as well as on the web page.
On the basis of which document can I vote if I am abroad?
According to the instruction endorsed through CEC Decision no.2213 from 27.02.2009, you can vote on the basis of the passport of the Moldovan citizen for entering and leaving the country, including with the validity term expired or on the basis of a Seaman’s passport.
Can I vote at the Moldova’s missions and embassies abroad if I don’t have a legal statute / the right to residence?
Yes. It is the duty of the Moldova’s embassies and missions abroad to ensure the right to vote for all the citizens of the country, regardless of their legal status.
Where can I vote if there is no Moldova’s mission in my country of residence?
In this case you can exert your right to vote at the nearest embassy or diplomatic mission of Moldova or by returning to Moldova.
What happens if, while I am abroad, I don’t apply in due terms to be included into the voter rolls? Can I be included in the additional lists on the spot?
Yes. You will be included into the additional list. It would be better if you address the Moldova’s embassy or consular office in the country where you are 20 days before the Election Day and, thus, to make sure that your name will be included into the basic voter rolls. Otherwise, it can happen that they may be shortage of ballot papers.

Judicial procedures

Which is the way to sue the actions (inactions) and decisions of the electoral councils and bureaus, actions (inactions) of the electoral contestanyts in the electoral bodies?
According to article 65, paragraph (1) of the Election Code (EC) as modified by Law no. 76-XVI of April 10, 2008, the voters and electoral contestants can sue the actions (inactions) and the decisions of the electoral councils and bureaus, the actions (inactions) of the electoral contestants in the electoral bodies, observing the hierarchy of the electoral body system, and in courts. Thus, the voters and the electoral contestants can sue the actions (inactions) and decisions of the electoral bodies and the actions (inactions) of the electoral contestants both in the higher electoral bodies and in courts.
Which courts are competent to consider the appeals against the actions (inactions) and decisions of the electoral councils and bureaus, and of the Central Electoral Commission?
The decisions and actions (inactions) of the electoral councils and offices of polling stations can be sued in the court within the precincts of this electoral bureau or council (article 66 of EC).
The actions (inactions) and decisions of the Central Electoral Commission can be sued at the Chisinau Court of Appeal.
The appeals regarding the actions and decisions of the Central Electoral Commission in the electoral period are considered in a 5-day term after being submitted, but not later than the Election Day.
The appeals regarding the actions and decisions of the electoral constituency councils and the polling stations bureaus are considered by the electoral bodies or courts in a three-day after being submitted, but not later then the Election Day.
The appeals lodged with the courts on the Election Day are considered on the same day (article 67 CE).
Can the decision of the Central Electoral Commission on applying warning as a punishment be sued in courts?
The decision of the Central Electoral Commission on applying warning as a punishment, as any other decision of this electoral body, can be sued at the Chisinau Court of Appeal.
Which is the procedure of annulling the electoral competitor’s registration?
According to article 69 of the EC, as modified by Law no. 76-XVI of April 10, 2008, the Central Electoral Commission can ask the court to annul the registration of electoral contestant for violating the stipulations of the Election Code.
In this regard, the CEC submits a request to the court against the registered candidate or party, list of candidates of which was registered in the order established by law.
What are the consequences of unjust no0n-observing the three-day term established by law for suing the actions (inactions) and decisions of the electoral bodies?
According to article 66 of the Election Code, the actions (inactions) and decisions of the electoral bodies can be sued within a three-day term since the date of committing the action (inaction) or adopting the decision.
In case of unjust missing out of this term, the appeal (action) is rejected by the court as delayed.
Are the private broadcasting institutions obliged to air electoral advertising and to give air time to electoral contestants?
According to article 47 of the Election Code, the private broadcasting institutions have the right to air electoral advertising, but they cannot be obliged to do this.
If the private broadcasting institution has decided to air electoral advertising, it is obliged to create fair conditions for all electoral contestants within the electoral debates and equal conditions while buying air time (article 47 paragraph (3), (6) of the Election Code.)
Which body decides on accrediting observers of Moldovan NGOs and what are the required criteria for an NGO in this case?
For accrediting an NGO to observe the elections, 2 conditions shall be met: the NGO is acting in the defense of human rights or democratic values and it is able to exert civic functions in elections.
Accrediting observers from NGOs is made through the decision of the Central Electoral Commission (article 63 of the Election Code.)
What are the consequences if the Central Electoral Commission doesn’t adopt a decision on the request on accrediting elections observers from NGOs?
The Central Electoral Commission is due to consider the request of the NGO on accrediting observers in the elections and to adopt a respective decision in this regard (article 63 of the Election Code). Not considering such a request is violating the right to an effective appeal stipulated by article 13 of the European Convention, article 38 and 53 of the Constitution of Moldova, the Law on petitioning and the Law on Administrative Contentious.
Is the electioneering over the Internet allowed?
Yes, it is allowed according to article 47 paragraph (15) EC, which provides that electoral advertising by Internet and through mobile telephony, is assimilated to the electoral advertising in printed media.
Does the member of the electoral council have the right to sue a judicial decision related to elections?
The electoral council is a body of colleagues and it adopts decisions with the majority vote, if the decision of the electoral council is annulled by the court, the chairman of the electoral council has the right to sue this decision, and a member of the electoral council does not have this right unless he was empowered by the council in this respected under the law.
Can a certain electoral body set a shorter time span for fulfilling the right to vote as compared to other voters, for a voter who, for health reasons or other grounded reasons, cannot come to the polling station?
According to article 50 of the Election Code, voting is made on the Election Day between 07:00 and 21:00. Setting a shorter time span for voting (for instance, the condition to address till 15:00 with the request for voting) to the voter who, for health reasons or other grounded reasons, cannot come to the polling station is against the afore-mentioned law.
Is the distribution of goods to the voters, like bottles of drinking water, by an electoral contestant, by means of its trustees, legal in the period of the electoral campaign?
According to article 38 paragraph (7) of the Election Code, the financial means transferred on the account of “The Electoral Fund” cannot be used for personal purposes. The electoral contestants are banned to propose voters money, presents, to distribute free-of-charge material goods, including from humanitarian aids or from other charity actions.
According to article 38 of EC, the mentioned actions of an electoral contestant are illegal.
What is the procedure of suing the courts’ decisions related to the elections?
According to article 68 paragraph (6) of the Election Code, an appeal can be submitted against a court’s decision, in a three-day term from its being pronounced.
The appeal is considered during three days from its receiving.
Thus, the court’s decision can be sued with an appeal to this Court of Appeal, and the decision of the Chisinau Court of Appeal can be sued with an appeal to the Supreme Court of Justice. The decision of the court of recourse remains irrevocable after being pronounced (article 421, 428 of the Code of Civil Procedure).