Home > 1.2.2 Equal voting power/constituency delimitation > 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 85
 

(1) Voters shall vote only at the polling station that has jurisdiction over their street or locality, according to the delimitation made in compliance with Law no. 35/2008, as subsequently amended and supplemented, and where they are registered on the permanent electoral list or on the copy of the complementary electoral list.


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


(3) If the voter does not appear on the permanent electoral list or on the copy of the complementary electoral list existing within 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, omitted from the permanent electoral list and domiciled within the jurisdiction of the respective polling station, did not file 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 verifi cation of the ID document, the president of the electoral bureau of the polling station:


a) shall stop the person having not turned 18 years old until the date of the voting inclusively and the person having lost his/her electoral rights from 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 included in the category of the persons referred to in Article 18 (1);
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 within the territorial jurisdiction of the respective polling station and is not among the persons referred to in Article 18 (1); 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 allow the voter fulfi lling the conditions set by law and registered on the permanent electoral list or on the copy of the complementary electoral list to vote; to this purpose, once the voter signs in the permanent electoral list or in the copy of the complementary 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 electoral list, the president shall make a note in the electoral list, confi rmed 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 stays out, and then they shall insert them into the ballot box, making sure that they do not open. 


(9) The wrong folding of the ballot paper shall not entail the ballot nullity, if the secrecy of the vote is preserved.


(10) 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 one time, a new ballot paper, and this shall be mentioned in the report concerning the voting operations.


(11) The “VOTED” stamp, handed over to the voter for voting, shall be returned to the president, who shall affi x it to the ID document, also mentioning 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.


(12) The president may take steps so that a voter does not spend an unjustifi ed period of time inside the polling booth.