Home > 2.4 Complaints and appeals > ROMANIA - Law no. 370 on the election of the President of Romania Republished
 
 
 
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Article 49
 

(1) ) After the opening of the ballot boxes and the vote counting, the president of the electoral bureau of the polling station shall draw up a statement of the vote in 3 copies including:


a) the total number of voters provided for in the copy of the permanent electoral roll at the polling station [point a) >/= point b1 ];


b) the total number of voters who reported to the polls [point b) = point b1 + point b2 + point b3], of which:


b1 – the total number of voters who reported to the polls, entered on the copy of the permanent electoral roll;


b2 – the total number of voters who reported to the polls and who are not included on the copy of the permanent electoral roll, entered on the table provided for in Art. 9 paragraph (1);


b3 – the total number of voters who voted using the special ballot box, entered on the table provided for in Art. 9 paragraph (2);


c) the total number of the validly cast votes [point c) </= point b) – point d)], [point c) = sum of validly cast ballots under point g)];


d) the number of rejected votes;


e) the number of ballot papers received [point e) >/= point c) + point d) + point f) ];


f) the number of unused and rejected ballot papers;


g) the number of validly cast ballots obtained by each candidate;


h) a short account of the objections drawn up and the solution thereof, as well as of the contestations submitted to the county electoral bureau, the electoral bureau of the district of Bucharest Municipality or to the electoral bureau for the polling stations abroad, as the case may be;


i) the number of stamps marked “VOTED” at the beginning of the voting; the disappearance of one or several seals shall be mentioned, if need be, as well as the state of the seals on the ballot boxes at the end of voting;


j) other situations; there shall be recorded if the number of ballot papers found in the ballot box is different from the number of voters who have voted, resulted following the counting of the signatures on the permanent added to that of the unused and rejected ballot papers is different from the total number of the ballot papers received, as well as any other incidents.


(2) The statement of the vote shall be signed by the president of the electoral bureau of the polling station, as well as by the other members thereof, and shall bear the control stamp of the electoral bureau. The absence of signatures of some of the members of the electoral bureau of the polling station shall not incur the validity of the statement of the vote. The president shall record the reasons which have prevented the signing.


(3) A copy of the statement of the vote shall be posted in a visible place at the premises of the electoral bureau of the polling station.


(4) The members of the electoral bureau of the polling station shall be issued, on request, a copy of the statement of the vote, certified by all those who signed the original.


(5) Two copies of the statement of the vote provided for in paragraph (1), all the contestations on the electoral operations of the electoral bureau of the polling station, the rejected and contested ballot papers shall constitute a stamped and sealed file that must be accompanied by the control stamp. The copy of the permanent electoral roll together with the tables used in the polling station, as well as the statements on one’s own account provided for in Art. 44 paragraph (4), as the case may be, shall constitute a separate file. Within 24 hours at most of the closing of voting, both files shall be submitted to the county electoral bureau or, as the case may be, to the electoral bureau of the district of Bucharest Municipality under military guard, accompanied, on request, by other members of the respective electoral bureau.


(6) The statements of the vote, drawn up by the electoral bureaux of the polling stations abroad, together with all the objections and contestations on the electoral operations of the electoral bureau of the polling station shall be transmitted electronically to the electoral bureau for the polling stations abroad, thanks to the diplomatic representation offices, within 24 hours at most of the receipt thereof. The accuracy of the data in these statements of the vote shall be confirmed by telephone by the president or deputy of the electoral bureau for the polling stations abroad, who shall countersign and stamps the received documents. The countersigned statements of the vote shall be used in centralizing the voting results.


(7) In case dissimilarities are found among the data in the statement of the vote received from the electoral bureau of a polling station, the county electoral bureau or that of the district of Bucharest Municipality must request the president of the respective electoral bureau of the polling station to make the necessary corrections. These shall be deemed valid provided they are certified by signing and affixing the control stamp of the polling station.


(8) In case dissimilarities are found among the data in the statements of the vote received from the electoral bureaux abroad, the electoral bureau for the polling stations abroad must request the president of the electoral bureau of the polling station to make the necessary corrections. These shall be deemed valid provided they are certified by signing and affixing the control stamp of the polling station. The provisions of paragraph (6) shall apply accordingly.


(9) Within 24 hours of the receipt of the file provided for in paragraph (5), the county electoral bureau or, as the case may be, to the electoral bureau of the district of Bucharest Municipality shall submit one copy of each statement of the vote drawn up by the electoral bureaux of the polling stations with the court of law within the territorial jurisdiction of which they operate; the electoral bureau for the polling stations abroad shall submit with the Bucharest Court of Law one copy, countersigned and stamped, of each statement of the vote drawn up by the electoral bureaux of the polling stations abroad.


(10) The Candidates may obtain copies of the samples of the statements of the vote provided for in paragraph (9).