Home > 1.6.1 By-elections, repeat and re-run elections > MOLDOVA - Joint Opinion on the Draft Law on Changes to the Electoral Code
 
 
 
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Paragraph 17
 

Article 114 of the Electoral Code provides for the election to be invalid if the turnout in the first round of the election is less than one third of registered voters. This turnout requirement for the validity of the first round does not appear in the Constitution and is not required in a second round. In case an election is declared invalid or null, repeated voting with the same candidates, and possibly a new election, are foreseen (Article 116-117). Moreover, the second sentence of Article 114, which refers to the absence of turnout requirement in the second round, may lead to confusion between second round and repeated voting. In interpreting Article 117.a, that there is a turnout requirement for repeated voting and given the unlikelihood of greater voter participation in such repeated voting, the stipulated turnout requirement could result in endless cycles of failed elections, leading to the vacancy of the post of President of the Republic. As emphasised in previous joint opinions, the Venice Commission and the OSCE/ODIHR recommend removing the turnout requirements as included in draft Article 114 or at least clarifying the provisions in a way that avoids potential endless cycles of failed elections.