Home > 2.3 Observation > 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 44
 

The draft Law proposes changes to Article 68.6 of the Electoral Code, which deals with observers. Whereas the current version allows observers to carry out their activities before, during and after the electoral campaign, the revised text permits observation “only from the start of the electoral campaign until its conclusion”. The electoral campaign, as defined in the revised Article 1 of the Electoral Code, begins for each electoral contender or referendum participant upon their registration by the competent electoral body, but not earlier than 30 days up to the date of the election, and ends on the day preceding the day before the election or on the date of the withdrawal or annulment of the registration. The effect of the restriction is even that accredited election observers cannot monitor the pre-election and post-election period, nor even on election day, if the provision of the draft is applied literally. These periods falling outside the formal election campaign are nonetheless part of the election cycle and are relevant for the context of the election campaign. Such restrictions would unduly limit the scope and comprehensiveness of election observation. The Venice Commission ODIHR recommend that observer access to all stages of the electoral process is guaranteed, in line with international standards and good practice.