Home > 2.1.1 Electoral commissions > ROMANIA - Law no. 33 on the Rules and Regulations on the Elections to the european Parliament
 
 
 
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Article 14 (1)
 

– (1) The Central Electoral Bureau shall have the following duties:


a) it shall undertake the publication in the Official Gazette of Romania, Part I of the list with the name and the electoral signs of the political parties, political alliances, electoral alliances and organisations of citizens belonging to national minorities duly set up, entitled to participate in the elections;


b) it shall ascertain the carrying into effect of the conditions of substance and form provided for by this law on candidatures;


c) it shall notify the admitted candidatures to the county electoral bureaux, to the electoral bureaux of the Bucharest Municipality districts, as well as to the electoral bureaux of the polling stations abroad, and it shall make them public through the agency of the national Television and Radio Broadcasting companies;


d) it shall settle the objections referring to its own activity and the complaints with regard to the activity of the county electoral bureaux, the electoral bureaux of the Bucharest Municipality districts, and of the electoral bureau of the polling stations abroad; the complaints shall be solved by decisions which are mandatory for the particular electoral bureau, as well as for the public authorities and institutions to which they refer, under the sanctions provided for by this law; in the event that, in giving a solution to an objection or complaint, spot checks are necessary, these checks shall be carried out in the presence of a judge from the Central Electoral Bureau; however, such checks shall not be allowed on the reference date;


e) it shall ascertain, on the basis of the notifications received from the electoral bureaux of lower level whether there are political parties, political alliances, electoral alliances and organisations of citizens belonging to national minorities that reached the electoral threshold referred to in Article 20 (1), and independent candidates that reached the electoral quotient referred to in Article 20 (2), and shall make public, within 24 hours of its finding, the list of the political parties, political alliances, electoral alliances and organisations of citizens belonging to national minorities that reached the electoral threshold;


f) it shall receive from the county electoral bureaux, from the electoral bureaux of districts, and from the electoral bureau of the polling stations abroad, the statements of poll referred to in Article 198 ; it shall centralize the number of validly cast votes, for each political party, political alliance, electoral alliance, organisation of citizens 17 belonging to national minorities, and independent candidate that meet the condition referred to in point e) and sees to the distribution and allotment of mandates;


g) it shall nullify the election result in case it establishes that the poll or that the ascertaining of the election result have taken place by fraud liable to modify the allotment of the mandates, and it shall order the ballot to be repeated in the polling stations where such fraud have been found;


h) it may order the recount of the votes in a polling station or the recentralisation of the votes and of the election result in a county, district, or in the polling stations abroad, in case it establishes, on the basis of the proofs produced, that there have been committed errors, or that have been found discrepancies between the data registered in the statements of poll;


i) it shall organize and implement a system for data collecting and periodical information of public opinion with regard to the presence of population to the poll, on the basis of a representative population sample at the county and national level;


j) it shall send to the Permanent Electoral Authority, after the publication of the election result in the Official Gazette of Romania, Part I, the material required to draft the White Book of the elections.


(2) The Central Electoral Bureau shall carry out any other duties as stipulated in this law.


(3) The petition for the annulment of the election results for reasons of electoral fraud may only be requested by the political parties, organisations of citizens belonging to national minorities, political or electoral alliances thereof that took part in the elections as well as by the independent candidates. The petition shall be submitted to the Central Electoral Bureau within 24 hours of the closing of poll under the sanction of forfeiture. The petition shall be based on solid grounds, and accompanied by the relevant proofs. The lack of proofs incurs the petition’s rejection. The petition may be admitted only if it has been liable to modify the allotment of the mandates. The resolving of the petition for the annulment of the election results by the Central Electoral Bureau shall be operated within 48 hours at the most of the registration thereof. Within 10 days at the most of the date the petition for the annulment of the election results is admitted a new ballot shall be organised in the polling stations where the fraud was found. The county electoral bureau, the district electoral bureau or the electoral bureau of the polling stations abroad, and the local public authorities or, where appropriate, the Ministry of Foreign Affairs shall ensure the conduct of the new ballot in good conditions. The ballot shall be organised only at the polling stations where the fraud was found, based on the electoral rolls in use, and under the appropriate enforcement of the present law. Electoral operations regarding vote counting and ascertaining of results shall be suspended until the new results are obtained.


(4) After the resolution on the petitions for the annulment of the election results for reasons of electoral fraud, and the centralisation of election results, the Central Electoral Bureau shall validate the elections and see to the publication of the election results in the Official Gazette of Romania, Part I. Within 24 hours of the publication of the election results in the Official Gazette of Romania, Part I, the Central Electoral Bureau shall cease its activity.


(5) In exercising the duties incumbent upon it, the Central Electoral Bureau shall adopt decisions and orders. The Central Electoral Bureau’s orders shall be passed aiming to a unitary interpretation of this law, and are generally binding. The Central Electoral Bureau’s decisions shall be taken both for the uniform implementation of the provisions of this law, and the solving of objections and complaints, which fall under its competence. The Central Electoral Bureau’s decisions are mandatory for all authority, 18 public institutions, electoral bureaux, as well as for all the organisms with duties in the electoral matters. The decisions shall be brought to public knowledge by posting and by any other publicity means, and the orders shall be published in the Official Gazette of Romania, Part I.*


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*Introduced by G.E.O. no. 1/2007 and amended by G.E.O. no. 11/2009.