Home > 1.3.2.2.4 Combating electoral fraud > ROMANIA - Law no. 208/2015 on the election of the Senate and the Chamber of Deputies, as well as on the organisation and functioning of the Permanent Electoral Authority
 
 
 
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Article 84
 

(1) Voters shall vote only at the polling station that has jurisdiction over their street or locality of domicile or residence, according to this law. If, on the voting day, the voters are in another administrative-territorial unit within the same electoral constituency, they can vote at any polling station within the electoral constituency of their place of domicile or residence.


(2) Voters’ access in the voting room shall take place in series corresponding to the number of polling booths. Each voter shall present his/her ID document, and, where appropriate, the document proving his/her residence, to the computer operator of the electoral bureau of the polling station, who shall insert the voter’s personal identification number in the Computer system for monitoring turnout and preventing illegal voting.


(3) If the voter does not appear on the permanent electoral list existing at the respective polling station, the Computer system for monitoring turnout and preventing illegal voting shall signal if:


a) the person asking to vote has turned 18 years old until the day of the voting inclusively;
b) the person asking to vote has lost his/her electoral rights;
c) the person asking to vote is assigned to another polling station;
d) the person asking to vote is omitted from the permanent electoral list, is domiciled or residing within the jurisdiction of the respective polling station and if (s)he filed a request to be registered in the Electoral Register with his/her address of residence;
e) the person asking to vote has already exercised his/her right to vote for the same ballot.


(4) Based on the results generated by the Computer system for monitoring turnout and preventing illegal voting, the communications made by using this system and the verification of the ID document, the president of the electoral bureau of the polling station:


a) shall stop from voting the person having not turned 18 years old until the date of the voting, the person having lost his/her electoral rights, as well as the person having chosen the postal voting;
b) shall guide the voter to go and vote at the polling station to which (s)he is assigned, if assigned to another polling station;
c) shall guide the voter to go and vote at the polling station to which (s)he is assigned according to his/her residence, if registered in the Electoral Register with his/her residential address;
d) shall register on the additional electoral list the person asking to vote, which has been omitted from the permanent electoral list, who is domiciled or residing within the territorial jurisdiction of the respective polling station; if the person omitted is registered on the permanent electoral list existing at another polling station, the president of the electoral bureau of that polling station shall be notified by the computer system to this effect and shall erase the respective person from the permanent electoral list; once the voter signs in the additional electoral list, (s)he shall receive the ballot papers and the “VOTED” stamp;
e) shall register on the additional electoral list the person asking to vote, who is domiciled or residing in another administrative-territorial unit in the same electoral constituency; if the person is registered on the permanent electoral list existing at another polling station, the president of the electoral bureau of that polling station shall be notified by the computer system to this effect and shall erase the respective person from the permanent electoral list; once the voter signs in the additional electoral list, (s)he shall receive the ballot papers and the “VOTED” stamp;
f) shall allow the voter fulfilling the conditions set by law and registered on the permanent electoral list to vote; to this purpose, once the voter signs in the permanent electoral list, (s)he shall receive the ballot papers and the “VOTED” stamp.


(5) If, for well-founded reasons, ascertained by the president of the electoral bureau of the polling station, the voter cannot sign in the permanent electoral list, the president shall make a note thereof in the electoral list, confirmed by his/her signature and that of another member of the electoral bureau. (6) Voters shall vote separately, in closed booths, by applying the “VOTED” stamp in the quadrilateral that comprises the list of candidates or the name of the candidate (s)he wishes to vote for.


(7) The “VOTED” stamp must be round and of such dimensions so that it should be smaller than the quadrilateral in which it is applied.


(8) After voting, voters shall fold the ballot papers so that the white page bearing the control stamp should stay out and then they shall insert them into the ballot box, making sure that they do not open. The wrong folding of the ballot paper shall not entail the ballot nullity, if the secrecy of the vote is preserved.


(9) If the ballot paper should open in such a way that the voting secrecy is no longer preserved, the ballot paper shall be annulled and the voter shall be given, only once, a new ballot paper and this shall be mentioned in the minutes concerning the voting operations.


(10) The “VOTED” stamp, handed over to the voter for voting, shall be returned to the president, who shall affix it onto the ID document, mentioning also the election date. In the case of voters voting based on their ID cards, a self-adhesive stamp marked “VOTED” and the election date shall be applied on the back of the card.


(11) The president may take measures so that a voter should not dwell without a reason inside the polling booth.


(12) The president of the electoral bureau of the polling station must take the necessary measures for the elections to take place in proper conditions. For this purpose, his/her powers shall extend also outside the voting premises, inside the polling station, in its courtyard, to courtyard entries, around the polling station, as well as in the streets and in public markets up to a distance of 50 m.


(13) In order to maintain the order, the president of the electoral bureau of the polling station shall have at his/her disposal the necessary means to ensure order, provided by the mayor and the prefect, together with the representatives of the Ministry of Interior.


(14) Besides the members of the electoral bureau of the polling station, the candidates, the delegates and accredited observers, no other person may dwell in the public places in the voting room or inside the voting premises for a period of time longer than the time needed to vote.


(15) During the vote, it is forbidden for the members of electoral bureaus and for the accredited persons to wear identity tags, badges or other electoral propaganda signs.


(16) Computer operators shall have the statute of auxiliary technical staff.