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Article 146
 

Confirmation of Elections Legality and Mandate Validation


(1) The District Electoral Councils of the first-level administrative-territorial units shall submit the Protocols on election results to the appropriate sector or municipality Courts. The Protocol of second-level administrative-territorial units shall be submitted to the Courts under which jurisdiction the electoral councils of the second-level administrative-territorial units fall. The District Electoral Council of Chisinau municipality shall submit the respective documents to the sector Court where the District Electoral Council of Chisinau municipality is located.


(2) The Courts, within 10 days after receiving the District Electoral Councils’ reports, shall either confirm or invalidate the legality of elections in every district by a decision to be submitted within 24 hours after its adoption to the Central Electoral Commission and to the respective District Electoral Councils, which shall publish the final results.


(3) Concurrently with the confirmation of election legality, the Courts shall validate the mandates of elected councillors and mayors and mention this in the decision. The person elected in the positions referred to in Article 7 of the Law on the Status of Locally Elected Official shall submit his/her consent to Court to be validated in one of those positions. Courts shall also confirm the list of alternates.


(4) The council shall be considered legally constituted when mandates of at least 2/3 of the total number of councillors are validated.


(5) The District Electoral Council shall issue a document to the elected councillors and mayors certifying the new Members of the Council and the new Mayor according to the design approved by the Central Electoral Commission.