Home > 6.2 Coalitions > 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 103
 

(1) The electoral bureaus of communal, town, municipal constituencies, of the sector constituencies of the Municipality of Bucharest, and county constituencies, respectively the electoral bureau of the constituency of the Municipality of Bucharest, shall draw up a report, separately for the local council and the mayor’s offi ce, respectively for the county council, as well as for the General Council of the Municipality of Bucharest, and for the general mayor of the Municipality of Bucharest, as the case may be, concerning all the voting operations, vote centralisation, ascertaining of the election results and mandate assignment.


(2) The report shall comprise:


a) the total number of voters included in the electoral lists existing in the electoral constituency (point a = point a1 + point a2 + point a3 + point a4), of which:


a1) the total number of voters according to the permanent electoral lists (point a1 > point b1);
a2) the total number of voters according to the copies of the complementary electoral lists (point a2 > point b2);
a3) the total number of voters according to the additional electoral lists (point a3 > point b3);
a4) the total number of voters for which the special ballot box has been used (point a4 > point b4);
b) the total number of voters included in the electoral lists existing in the electoral constituency, present for the vote (point b = point b1 + point b2 + point b3 + point b4) , of which:


b1) the total number of voters present for the vote, included in the permanent electoral lists;
b2) the total number of voters present for the vote, included in the copies of the complementary electoral lists;
b3) the total number of voters present for the vote, included in the additional electoral lists;
b4) the total number of voters present for the vote, for which the special ballot box has been used;
c) the total number of validly cast votes (point c < point b - point d) (point c = the total number of validly cast votes expressed in point g);
d) the total number of null votes;
e) the number of ballot papers received (point e > point c +point d + point f);
f) the number of ballot papers unused and annulled;
g) the total number of validly cast votes, obtained by each list of candidates or by each independent candidate for the counsellor’s position or, as the case may be, the total number of validly cast votes, obtained by each candidate for the mayor’s offi ce, respectively of general mayor of the Municipality of Bucharest;
h) the surname and fi rst name of the candidates elected for the local council, respectively the county council and the General Council of the Municipality of Bucharest, the political party, political alliance or electoral alliance having proposed them, respectively the mention of independent candidate;
i) the surname and fi rst name of the mayor, respectively of the general mayor of the Municipality of Bucharest elected and the political party, political alliance or electoral alliance having proposed him/her, or the mention of independent candidate;
j) a brief account of the objections and challenges lodged and of the decisions rendered by the constituency electoral bureau. The decisions issued by the constituency electoral bureaus are final. 


(3) The reports shall be drawn up in two copies and signed by the president and the other members of the constituency electoral bureau, and shall also bear its stamp. 


(4) The absence of the signatures of some members of the constituency electoral bureau shall have no effect on the validity of the report. The president shall mention the reasons that prevented the signing thereof. 


(5) A copy of the report for the local council, for the county council, respectively for the General Council of the Municipality of Bucharest, together with the objections, challenges and reports received from the electoral bureaus of the polling stations, all making up a fi le, sealed and signed by the president and the members of the constituency electoral bureau, shall be forwarded to the local council, respectively to the county council or, as the case may be, to the General Council of the Municipality of Bucharest, for the validation of the mandates, according to the provisions of Law no. 215/2001, republished, as subsequently amended and supplemented.


For the position of mayor, the fi le prepared according to this paragraph shall be forwarded, under escort by the staff of the Ministry of Interior, within 48 hours at the most, to the court of fi rst instance having jurisdiction over the electoral constituency where elections have been held, and, in the case of the general mayor of the Municipality of Bucharest, to the Bucharest County Court, for the validation of the mandates, according to the provisions of Law no. 215/2001, republished, as subsequently amended and supplemented. 


(6) The second copy of the report prepared by the electoral bureaus of communal, town, municipal constituencies, or of the sector constituencies of the Municipality of Bucharest, shall be sent, within 24 hours, to the electoral bureau of the county constituency, respectively of the Municipality of Bucharest.


(7) Upon request, the president or vice-president of the electoral bureau shall mandatorily issue to the members of constituency electoral bureaus or to the representatives of the political parties, political alliances and electoral alliances having submitted lists of candidates, as well as to the independent candidates, a certified copy of such report. The request must be fi led in writing, before the report is drawn up.


(8) The electoral bureaus of communal, town, municipal or county constituencies, as the case may be, shall issue an election certifi cate to local counsellors and to the mayor, respectively to county counsellors. 


(9) For the general mayor of the Municipality of Bucharest, as well as for the members of the General Council of the Municipality of Bucharest, the election certifi cates shall be issued by the constituency electoral bureau of the Municipality of Bucharest, and for counsellors and the sector mayor, by the electoral bureaus of sector constituencies.