Home > 1.3.2.3 Counting procedures/validity of ballots > ROMANIA- Regulations on The Elections To The Chamber of Deputies and The Senate
 
 
 
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Article 45
 

(1) After the close of poll, the president, in the presence of the members of the electoral bureau of the polling station, shall annul the ballot papers remained unused.


(2) The number of the annulled ballot papers shall be distinctly written down in the minutes for each type of election.


(3) All electors in the permanent and additional electoral rolls having participated in the elections shall be counted and their number shall be written down in the appropriate rubrics of the minutes. The additional electoral rolls shall be filed in the order in which they have been drawn up.


(4) For each kind of election, they shall gather the ballot papers used as resulting from the electors’ lists with the ballot papers received within the polling station, which shall be written down in the minute. If their total number is different from the number of ballot papers received, the reason causing the error shall be stated in the minute, by also taking into consideration the objections and contestations submitted to the electoral bureau of the polling station.


(5) If the total number is not checked, the members of the electoral bureau of the polling station may have different opinions. These opinions shall be written down in the minute.


(6) After these operations, they shall proceed to the opening of the ballot boxes. The opening shall be made successively. The next box shall be opened after the ballot papers are counted and the result is written down in the minute for the previous box.


(7) The president shall read loud, upon the opening of each ballot paper, the full name of the voted candidate, and shall show the ballot paper to those present.


(8) One of the members of the electoral bureau, in the presence of at least one other member of the bureau, shall write down the choice resulting from the reading of each ballot paper on the standard form drawn up by the Permanent Electoral Authority.


(9) The president, helped by the other members of the electoral bureau, shall put each ballot paper, read and written down in the form, in a package separately for each political party, political alliance, electoral alliance, organisation of citizens belonging to national minorities and independent candidate.


(10) They shall make separate packages for the null ballot papers, blank ballots, and for those contested.


(11) The ballot papers which do not have the control stamp of the electoral bureau of the polling station, the ballot papers having another model than he one approved or on which the stamp is laid on several quadrilaterals or outside them shall be null. These ballots shall not be a part of the calculation of the validly cast votes.


(12) If there are ballot papers on which different opinions are expressed regarding the validity of the vote, the respective ballot shall whether be granted to a candidate or considered null, depending on the opinion of the majority of the members of the electoral bureau of the polling station.


(13) The ballot which do not have the stamp “VOTED” on them shall be white ballot. These ballots shall not be taken into account in the calculation of the validly cast votes.


(14) The result shall be written down in separate tables and a minute for each shall be drawn up in two original copies.


(15) The minute shall include:


a) the total number of the electors stipulated in the electoral rolls existing in the polling station, by observing theformula:


point a = point a1 + point a2


a1) the total number of electors according to the additional electoral roll, by observing the formula:


point a1 ≥ point b1;


a2) the total number of electors according to the additional electoral roll, by observing the formula:


point a2 ≥ point b2;


b) the total number of electors who went to the poll, registered in the electoral rolls existing in the polling station, by observing the formula:


point b = point b1 + point b2


b1) the total number of electors who went to the poll, registered in the copy of the permanent electoral roll;


b2) the total number of electors who went to the poll, registered in the additional electoral roll;


c) the number of ballot papers received, by observing the formula: point c ≥ point d + point e + point f + pointg; the number of unused and annulled ballot papers;


e) the total number of the validly cast votes, by observing the formula: point e ≤ [point b – (point f + point g)]; point e = the sum of the validly cast votes at point h;


f)  the number of nullballots;


g)  the number of blankballots;


h) the number of validly cast votes obtained by each candidate;


i)  the number of contestedballots;


j) the short account of objections, contestations and means for settling them, as well as on the contestations submitted to the electoral bureau of constituency;


k) the situation of the seals on the ballot boxes upon the close of poll.


(16) The minutes shall be signed by the president, his deputy, as well as by the members of the electoral bureau of the polling station, and shall bear the control stamp of such bureau. 
(17) The lack of signatures of some members of the electoral bureau of the polling station shall not influence the validity of the minute. The president shall state the reasons impending the signing.


(18) Each member of the electoral bureau of the polling station shall be entitled to obtain a copy of the minute, signed by the president of the polling station, or by his deputy, as appropriate, and by the other members of the bureau.


(19) During the voting process and opening of ballot boxes, objections and contestations regarding these operations may be made. They shall be solved immediately by the president of the electoral bureau of the polling station.


(20) The contestations shall be forwarded to the president of the electoral bureau of the polling station. They shall be formulated in writing in two copies, one of which, signed and stamped by the president, remains to the petitioner.


(21) The president of the electoral bureau of the polling station shall decide, immediately, on the contestations that need to be settled urgently.


(22) They shall draw up, separately for the Chamber of Deputies and the Senate, a file for each including: the minute, in two original copies, the contestations regarding the electoral operations of the electoral bureau of the polling station, the null and contested ballot papers, the forms used in the calculation of the result, as well as the electoral rolls used within the polling station, filed by types of rolls. The files, sealed and stamped, accompanied by the electoral rolls used at the respective polling station shall be forwarded to the electoral bureau of constituency, the electoral office respectively, within no more than 24 hours of the close of poll, by the president of the electoral bureau of the polling station, under military watch and accompanied, on request, by the representatives of the political parties, political alliances, electoral alliances, organisation of citizens belonging to national minorities in the electoral bureau of the polling station, the candidates or persons authorised according to the present title.


(23) The presidents of the electoral bureaux of the polling stations shall hand over the files drawn up under the provisions of paragraph (22) to:


a) the seat of the constituencies, in the case of the polling stations organised under the jurisdiction of counties;


b) the seat of the district electoral office under the jurisdiction of which they have carried out their activity, in the case of the polling stations organised in the municipality of Bucharest;


c) the seat of the diplomatic missions and consulates of Romania situated in the country where they have been organised.


(24) The minutes drawn up by the electoral bureaux of the polling stations organised abroad, accompanied by contestations, shall be sent by
electronic means to the electoral bureau of the constituency for the Romanian citizens with the domicile or residence outside the country, by care of the diplomatic missions and consulates, within no more than 24 hours of their receipt. The accuracy of the data included in these minutes shall be confirmed by telephone by the president or deputy of the electoral bureau of constituency, who will countersign and stamp the documents received. The countersigned minutes shall enter the centralisation of the result of the vote. The documents drawn up, under paragraph (22), by the electoral bureaux of the polling stations organised abroad shall be sent in the country and handed over, by care of the Ministry of Foreign Affairs, to the electoral bureau of the constituency for the Romanian citizens with the domicile or residence outside the country, and if this one ended its activity, to the Tribunal of Bucharest.