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Article 71
 

Complaints


(1) Voters and candidates may challenge the actions/inactions and decisions made by the electoral councils and bureaus, as well as the actions/inactions of candidates. A complaint may be lodged with a Court, following a preliminary appeal submitted to the electoral body hierarchically superior to the one, which decision is subject to challenge, except for the complaints related to the actions/inactions of candidates lodged directly to Court, and the complaints referring to the exercise of the right to vote or to the administration of elections lodged to the electoral bureau on the Election Day.


(2) The complaints referring to the organisation and holding of elections shall be considered by the electoral bodies, having complied with hierarchy issues. The Central Electoral Commission shall approve the detailed procedure for complaint consideration during the electoral period, having issued a decision to this end.


(3) Complaints on the electoral campaign coverage by broadcasters, which are under the jurisdiction of the Republic of Moldova, shall be considered by the Audiovisual Coordinating Council in compliance with the provisions of this Code, of the Audiovisual Code of the Republic of Moldova, and the complaints related to printed Media shall be considered by Courts.


(4) The decisions on complaints taken by the electoral bodies and by the Audiovisual Coordinating Council may be appealed in Court.


(5) The complaint shall contain the description of the alleged infringements, evidence, legal ground, the claimant’s requirements, signature and identity data of the person who has submitted it. In case of complaints concerning the decisions issued by the electoral bodies, the burden of proving their legality is retained by the respective bodies.


(6) The complaints with respect to financing of electoral campaigns shall be addressed to the Central Electoral Commission in case of electoral competitors running for parliamentary and presidential elections, or to the District Electoral Councils – in case of independent candidates in local elections. The review of complaints related to financing of electoral campaigns unrolled by political parties shall not be subject to the time-bearing periods referred to in Articles 72-74.