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(5)
 

(1) The electoral bureaux of the polling stations shall be made up of a president, a deputy thereof, usually magistrates or other jurists, and at least 7 representatives of the political parties, organisations of citizens belonging to national minorities, of the political or electoral alliances thereof that take part in the elections. The electoral bureaux of the polling stations cannot function with less than 5 members.


(2) The appointment of the president and its deputy shall be carried out by the president of the tribunal 10 days prior to the reference date at the most, in open meeting 21 announced by 48 hours in advance, by drawing lots for each position from among the magistrates or other jurists of the county or of the district’s court of law.


(3) The list of the magistrates who will take part in the drawing of lots shall be drawn up by the president of the tribunal, and the list of other jurists by the prefect, together with the president of the tribunal, by 30 days at the latest prior to the reference date. The lists shall include at least 10% more persons than necessary, as a reserve at the disposal of the president of the tribunal for the replacement of the occupants under special circumstances.


(4) The lists referred to in paragraph (3) shall include only jurists who have no political affiliation, and meet the conditions provided for by Article 131 (2).


(5) Should the number of jurists be insufficient, the list shall be completed by the prefect’s proposal with other persons enjoying prestige among the citizens, and who are not members of any political party or organisation of citizens belonging to national minorities that take part in the elections and who are not relatives up to the fourth degree with anyone of the candidates.


(6) The list proposed by the prefect shall exceed by 10% the required number of persons as a reserve at the disposal of the president of the tribunal. The list shall include the full names, addresses, telephone numbers, and signatures of acceptance of the proposed persons. The list shall be accompanied by the formal statements of the persons proposed with regard to the compliance with the conditions referred to in paragraph (4).


(7) The proposals of persons from the list drawn up by the president of tribunal, as well as the lists drawn up by the prefect shall be approved by the Permanent Electoral Authority, on the basis of evaluation of the activity carried out during the former elections, irrespective of their kind, in their capacity as presidents of the electoral bureaux of the polling stations, and as deputies, where appropriate. The lists shall be submitted by the prefects for an opinion to the Permanent Electoral Authority, in the format required by it. The opinion of the Permanent Electoral Authority shall be communicated to the prefects and to the presidents of tribunals up to 5 days at the latest prior to the appointment of the presidents of the electoral bureaux of the polling stations and of their deputies.


(8) The grouping of the persons on the list for the purposes of drawing lots shall be made by taking into account the proximity of their dwelling places to the electoral bureau of the polling station. The result of the drawing of lots shall be counter-signed in a minute signed by the president of the county tribunal. The minute represents the act of investiture.


(9) Within 48 hours at the most of the drawing of lots, the president of the tribunal shall submit to the county electoral bureau or, where appropriate, to the district electoral bureaux the list of the persons appointed as presidents of the electoral bureaux of the polling stations, and as their deputies.


(10) Within two days at the most of the expiry of the time limit referred to in paragraph (9), the political parties, the organisations of citizens belonging to national minorities, the political or electoral alliances thereof that take part in elections are obliged to communicate to the county electoral bureau, and to the district electoral bureau in the case of Bucharest Municipality, respectively, the list of their representatives in the electoral bureaux of the polling stations, as a table containing the following: polling station number, full name, personal numerical code, domicile or residence and contact modality, namely telephone and fax number or e-mail. A political party, an organisation of citizens belonging to national minorities, a political or electoral alliance thereof that take part in the elections shall be allowed to have 3 representatives at the most in an electoral bureau of a polling station.


(11) The electoral bureaux of the polling stations shall be completed with the representatives of the parliamentary political parties, of the organisations of citizens belonging to national minorities, of the political or electoral alliances thereof by the president of the county electoral bureau, and of the Bucharest Municipality district electoral bureau, respectively, in the presence of the representatives of the political parties, of the organisations of citizens belonging to national minorities, political or electoral alliances thereof in the county electoral bureau, and of the Bucharest Municipality district electoral bureau, within 48 hours of the expiry of the time limit provided for under paragraph (10). The operations incurred by the completion of the electoral bureaux of the polling stations may be carried out in both days, and shall be recorded in minutes, which represent the act of investiture. The electoral bureaux of the polling stations shall be considered set up on the date when they are completed with representatives of the political parties, organisations of citizens belonging to national minorities, political or electoral alliances thereof.


(12) The order to complete the electoral bureaux of the polling stations shall be as follows:


a) in the first stage, the electoral bureaux of the polling stations shall be completed with one representative each nominated by each political party, organisation of citizens belonging to national minorities, political or electoral alliance thereof that takes part in the elections, and has members in the European Parliament;


b) during the second stage, the electoral bureaux of the polling stations shall be completed with one representative each nominated by each political party, organisation of citizens belonging to national minorities, political or electoral alliance thereof that takes part in the elections, and has no members in the European Parliament; the appointment of their representatives shall be carried out according to the order set for the completion of the county electoral bureau or of the Bucharest Municipality district electoral bureau;


c) if, according to the order established at the completion of the county electoral bureau, a political formation of the ones stipulated in point a) or b) is entitled to a representative in an electoral bureau, but it has not nominated a representative for that electoral bureau, in completing the said electoral bureau there shall be taken into account the political formation from among those provided for in point a) or b), which follows next to it , which has proposed a representative for that bureau.


(13) In the event that after carrying out the operations referred to in paragraph (12), there are still electoral bureaux of the polling stations which could not be completed with the maximum number of members provided for in paragraph (1), their completion shall be carried out as follows:


a) the completion order shall be settled by the drawing of lots of all the political parties, the organisations of citizens belonging to national minorities, political or electoral alliances thereof that take part in elections, and proposed representatives in the electoral bureaux of the polling stations;


b) each electoral bureau which could not be completed with the maximum number of persons shall complete, in the order established according to point a), with a person each, representing the second choice of the political formation for that electoral bureau; if, according to the order provided for in point a), a political formation is entitled to a representative in an electoral bureau, but has no second choice for that electoral bureau, in completing the said electoral bureau, there shall be taken into account the next political formation that has a second choice for that bureau;


c) if there are still electoral bureaux of the polling stations which could not be completed with the maximum number of members, the operation provided for in point 23 b) shall repeat with the persons representing the third choice for the said electoral bureaux.


(14) In the event that after carrying out the operations referred to in paragraph (13), there are still electoral bureaux of the polling stations which have less than 5 members, namely president, his deputy, and 3 members, they shall be completed with persons from the list proposed by the prefect, referred to in paragraphs (5) and (6).


(15) Upon the written request of the delegates of the political parties, the organisations of citizens belonging to national minorities, political or electoral alliances thereof that appointed representatives in the electoral bureaux of the polling stations, the president of the county electoral bureau or, where appropriate, of the district electoral bureau shall place at their disposal certified copies of the minutes for the completion of the electoral bureaux of the polling stations.


(16) Within two days of the expiry of the time limit for the completion of the electoral bureaux of the polling stations, the president of the county electoral bureau or, where appropriate, of the district electoral bureau shall communicate the mayors, through the agency of the prefects, the composition of the electoral bureaux of the polling stations, which are within the territory of their localities.*


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