Home > 2 Organising the elections > MOLDOVA – Urgent joint opinion on the draft Law no. 263 amending the Electoral Code, the Contravention Code and the Code of Audiovisual Media Services
 
 
 
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Paragraph 32
 

The proposed amendment of Article 1 of the Electoral Code revises a legal definition of electioneering. According to this definition, electioneering would consist of “pleas, declarations, as well as actions consisting in the preparation and dissemination of information, aimed at determining the voters to vote for one or another electoral contender or for one of the referendum options”. From this definition it is not clear whether electioneering implies a subjective intention of influencing voters, or that the aim of influencing voters in the sense of the proposed revised Article 1 is to be determined by objective criteria. From the wording, it appears that election authorities will have a wide discretion in defining statements and actions as electioneering. This may include public endorsements or rejections of particular platforms or candidates. Considering this broad definition of electioneering, the proposed Article 52.2 of the Contravention Code effectively prohibits anyone, including high level public officials or persons affiliated with religious bodies, but also any other individual, from making statements in favour or to the detriment of electoral contenders during religious processions and services and on religious grounds.