Home > 4.5.1 Elections of the local executive body > ROMANIA - Law no. 115 for the election of local public administration authorities, amending the Law of local public administration no. 215/2001, as well as amending and supplementing Law no. 393/2004 on the statute of local elected offi cials
 
 
 
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Article 26
 

(1) Communal constituency electoral bureaus are composed of seven members, those of towns, of municipalities and of the administrativeterritorial subdivisions of municipalities, of nine members, and that of the Municipality of Bucharest and those of counties, of 15 members.


(2) The communal constituency electoral bureau is composed of a president, his/her alternate and of fi ve representatives of political parties, political alliances and electoral alliances or organisations of citizens belonging to national minorities taking part in the elections in the respective electoral constituency.


(3) The electoral bureau of a town, municipal constituency and of the constituency of the administrative-territorial subdivisions of municipalities is composed of a president, his/her alternate and of seven representatives of political parties, political alliances and electoral alliances or organisations of citizens belonging to national minorities taking part in the elections in the respective electoral constituency.


(4) The electoral bureau of the constituency of the Municipality of Bucharest and the county constituency electoral bureaus are composed of a president, his/her alternate, a representative of the Permanent Electoral Authority and of 12 representatives of political parties, political alliances and electoral alliances or organisations of citizens belonging to national minorities taking part in the elections in the respective electoral constituencies.


(5) The president of the constituency electoral bureau and his/her alternate are appointed in public session by the president of the county court, within 20 days from the setting of the election date. The appointment is done by random draw, from among the magistrates and the other legal specialists domiciled or residing in the county or in the Municipality of Bucharest, based on the criterion of proximity of their domicile or residence to the locality or administrative-territorial subdivision in which the constituency electoral bureau will operate. The random draw is done with priority from the list of magistrates, fi rst for the presidents and then for the alternates. The list of magistrates taking part in the random draw is drawn up by the president of the county court, and that of the other legal specialists, in compliance with the provisions of Article 30 (2). The lists must include a number of persons higher by 10% than the necessary. The magistrates and the other legal specialists on the list who are not appointed presidents or their alternates shall remain at the disposal of the president of the county court, for the replacement, in particular cases, of the holders of those positions. The list must include: the surnames, fi rst names, personal identifi cation numbers, domiciles, residencies, workplaces, phone numbers, email addresses and confi rmation signatures of the persons proposed. By legal specialist we understand any person having graduated a faculty in the fi eld of legal sciences.


(6) Within 24 hours from the expiry of the deadline set in paragraph (5), the electoral bureau of the constituency of the Municipality of Bucharest and the county constituency electoral bureaus are completed with a representative of the Permanent Electoral Authority.


(7) The list in paragraph (5) must include only those legal specialists who, according to the sworn statement, are not members of any political party.


(8) If the number of magistrates and of the other legal specialists is insuffi cient, the list is completed by duly applying the provisions of Article 30 (2).


(9) The date of the session for the random draw shall be made public in the press, as well as by display on the court’s door, by the president of the county court, at least 48 hours before. The result of the random draw is recorded in a report signed by the president.


(10) The random draw is done by positions: president and alternate.


(11) The report in paragraph (9) represents the establishment document.


(12) Upon the written request of political parties, political alliances or electoral alliances or organisations of citizens belonging to national minorities taking part in the elections, the president of the county court, together with the prefect, shall draw up and make available to them, within 48 hours from the request, the list including the necessary data for contacting the presidents of the constituency electoral bureaus and their alternates, as well as the addresses and phone numbers of the locations of constituency electoral bureaus.


(13) The constituency electoral bureau, set up in compliance with the previous paragraphs, shall fulfi l all the powers that are incumbent upon it according to this law, and it will be completed, fi rstly, with representatives of political parties or of organisations of citizens belonging to national minorities that have their own parliamentary group in at least one of the Chambers of Parliament and, secondly, with representatives of political parties, political alliances and electoral alliances taking part in the elections in the respective constituency, once the candidatures are fi nal.


(14) Within 48 hours from the setting up of the constituency electoral bureaus, the political parties and organisations of citizens belonging to national minorities that have their own parliamentary group in at least one of the Chambers of Parliament must communicate, in writing, to the constituency electoral bureaus, the surnames and fi rst names of their representatives that are members thereof. All communications sent after this date shall be disregarded. The communications can include a higher number of representatives for the same electoral bureau. Within fi ve days from the date until which candidatures can be submitted, the local branches of the political parties, political alliances and electoral alliances taking part in the elections must communicate in writing, to the constituency electoral bureaus, the surnames and fi rst names of their representatives that are members thereof. All communications sent after this date shall be disregarded. The communications can include a higher number of representatives for the same electoral bureau.


(15) The process of completing the constituency electoral bureaus with representatives of the political parties, political alliances and electoral alliances or of organisations of citizens belonging to national minorities that have their own parliamentary group in at least one of the Chambers of Parliament is done within 48 hours from the expiry of the deadline referred to in paragraph (14), firstly, with representatives of political parties or of organisations of citizens belonging to national minorities that have their own parliamentary group in at least one of the Chambers of Parliament and, secondly, with representatives of political parties, political alliances and electoral alliances taking part in the elections in the respective constituency, within 24 hours from the date the candidatures become fi nal, by the president of the electoral bureau, in the presence of the persons appointed by the political parties, political alliances and electoral alliances or organisations of citizens belonging to national minorities having sent representatives, in the decreasing order of the number of candidates proposed by each political party, political alliance or electoral alliance or organisation of citizens belonging to national minorities for the local council in question, to which, where appropriate, the candidate for the office of mayor is added. In the case of the county constituency electoral bureau, respectively of the Municipality of Bucharest, the number of all the candidatures submitted by each political party, political alliance or electoral alliance or organisation of citizens belonging to national minorities for the county council, respectively for the General Council of the Municipality of Bucharest, as well as for the local councils and mayors, registered in the county, respectively in the Municipality of Bucharest, are taken into consideration. If the total number of representatives notifi ed according to paragraph (14) is lower than that of the members of the electoral bureau, the appointment of representatives is repeated until all seats are occupied. This stage is attended only by the political parties, political alliances and electoral alliances or organisations of citizens belonging to national minorities having proposed several representatives for the same electoral bureau. A political party, a political alliance or an electoral alliance cannot have more than three representatives in the electoral bureau of the same constituency.


(16) The persons representing a political party, a political or electoral alliance or an organisation of citizens belonging to national minorities taking part in the elections in the constituency electoral bureau are appointed in the order mentioned in the communication referred to in paragraph (14).


(17) If two or more political parties, political alliances or electoral alliances or an organisation of the national minorities taking part in the elections have proposed the same number of candidates, their representatives are members of the constituency electoral bureau, within the limit of the number of seats that have not been occupied by the representatives of political parties, political alliances and electoral alliances that are, according to paragraph (15), in a more favourable situation; if, by applying this provision, it is not possible for the representatives of all political parties, of the political and electoral alliances or of the organisations of the national minorities taking part in the elections and being at a tie, to be included in the electoral bureau, its president proceeds to a random draw, in the presence of the delegates of the political parties, political and electoral alliances in question.


(18) If the political parties, the political and electoral alliances or the organisations of the national minorities taking part in the elections do not nominate any representative, the president of the constituency electoral bureau proceeds to the completion of the bureau, including therein, by random draw, people that are not members of any political party. The random draw is done from a list drawn up according to paragraph (8), within 24 hours from the request of the president of the constituency electoral bureau.