Home > 4.6 Election of non-political bodies > ROMANIA - Law for the Election of Local Public Administration Authorities
 
 
 
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Article 26
 

(1) Communal constituency electoral bureaus are composed of 9 members, those of towns, of municipalities and of the administrative-territorial subdivisions of municipalities, of 11 members, and that of the Municipality of Bucharest and those of counties, of 15 members.*


(2) The communal constituency electoral bureau is composed of a president, his/her alternate and of 7 representatives of political parties, political alliances and electoral alliances or organisations of citizens belonging to national minorities taking part in the elections in the respective electoral constituency.*


(3) The electoral bureau of a town, municipal constituency and of the constituency of the administrative-territorial subdivisions of municipalities is composed of a president, his/her alternate and of 9 representatives of political parties, political alliances and electoral alliances or organisations of citizens belonging to national minorities taking part in the elections in the respective electoral constituency.*


(4)  The electoral bureau of the constituency of the Municipality of Bucharest and the county constituency electoral bureaus are composedof a president, his/her alternate, a representative of the Permanent Electoral Authority and of 12 representatives of political parties, political alliances and electoral alliances or organisations of citizens belonging to national minorities taking part in the elections in the respective electoral constituencies.*


(5) The president of the constituency electoral bureau and his/ her alternate are appointed in public session by the president of the county court, within 20 days from the setting of the election date. The appointment is done by random draw, from among the magistrates and the other legal specialists who meet the requirements provided for in paragraph (51), based on the criterion of proximity of their domicile or residence to the locality or administrative-territorial subdivision in which the constituency electoral bureau will operate. The random draw is done with priority from the list of magistrates, first for the presidents and then for the alternates. The list of magistrates taking part in the random draw is drawn up by the president of the county court, and that of the other legal specialists who meet the requirements provided for in paragraph (51) is drawn up by the Permanent Electoral Authority. The lists must include a number of persons higher by 10% than the necessary. The magistrates and the other legal specialists on the list who meet the requirements provided for in paragraph (51) who are not appointed presidents or their alternates shall remain at the disposal of the president of the county court, for the replacement, in particular cases, of the holders of those positions. The list must include: the surnames, first names, personal identification numbers, domiciles, residencies, workplaces, phone numbers, email addresses and confi rmation signatures of the persons nominated. By legal specialist we understand any person having graduated a faculty in the field of legal sciences.**


(51) The legal specialists registered in the Body of electoral experts who have a seniority in the field of at least 5 years may be appointed presidents of the constituency electoral bureaus and alternates thereof. ***


(6) Within 24 hours from the expiry of the deadline set in paragraph (5), the electoral bureau of the constituency of the Municipality of Bucharest and the county constituency electoral bureaus are completed with a representative of the Permanent Electoral Authority.


 (7) The list in paragraph (5) must include only those legal specialists who, according to the sworn statement, are not members of any political party.


(8) If the number of magistrates and of the other legal specialists is insufficient, the list is completed by duly applying the provisions of Article 30 paragraph (2).


(9) The date of the session for the random draw shall be made public in the press, as well as by display on the court’s door, by the president of the county court, at least 48 hours before. The result of the random draw is recorded in a report signed by the president.


(10) The random draw is done by positions: president and alternate.


(11) The report in paragraph (9) represents the establishment document.


(12) Upon the written request of political parties, political alliances or electoral alliances or organisations of citizens belonging to national minorities taking part in the elections, the president of the county court, together with the prefect, shall draw up and make available to them, within 48 hours from the request, the list including the necessary data for contacting the presidents of the constituency electoral bureaus and their alternates, as well as the addresses and phone numbers of the locations of constituency electoral bureaus.


(13)    The constituency electoral bureau, set up in compliance with the previous paragraphs, shall fulfil all the responsibilities that are incumbent upon it according to this law.*


(14) Within 48 hours from the setting up of the constituency electoral bureaus, the political parties having among their members at least 7 senators or 10 deputies or who obtained parliamentary representation at the previous elections, as well as the parliamentary group of the national minorities in the Chamber of Deputies on behalf of the organisations of citizens belonging to the national minorities represented in such group shall communicate, in writing, to the constituency electoral bureaus, the surnames and first names of their representatives who shall be members thereof. Any communications sent after this date shall be disregarded. The communications may include a higher number of representatives for the same electoral bureau. The constituency electoral bureaus shall be completed with representatives of the political parties and of the organisations of citizens belonging to the national minorities having among their members at least 7 senators or 10 deputies or who obtained parliamentary representation at the previous elections within the limit of the maximum number of members stipulated under paragraphs (1) to (4), within 5 days from their setting up, by the presidents of the constituency electoral bureaus.*


(15) Within 5 days from the date by which candidatures may be proposed, the political parties and the organisations of citizens belonging to national minorities taking part in the elections, other than those provided under paragraph (14), as well as the political alliances and electoral alliances taking part in the elections shall communicate in writing to constituency electoral bureaus the surnames and first names of their representatives who shall be members thereof. Any communications sent after this date shall be disregarded. The communications may include a higher number of representatives for the same electoral bureau. The constituency electoral bureaus shall be completed with representatives of the political parties and of the organisations of citizens belonging to the national minorities, other than those provided under paragraph (14), as well as of political or electoral alliances not including among their members political parties or organisations of citizens belonging to national minorities, represented in accordance with paragraph (14), taking part in the elections in the respective constituency, within the limit of the maximum number of members stipulated under paragraphs (1) to (4), by the presidents of the constituency electoral bureaus, within 24 hours from the date on which the candidatures become final, in the descending order of the number of candidates proposed for the local council in question, to which shall be added, where appropriate, the candidate for the office of mayor. In the case of the county constituency electoral bureau, respectively of the electoral bureau of the Municipality of Bucharest, the number of all the candidatures submitt ed for the county council and its president, respectively for the General Council and mayor of the Municipality of Bucharest, as well as for the local councils and mayors, registered in the county, respectively in the Municipality of Bucharest, shall be taken into consideration.*


 (16) The persons representing a political party, a political or electoral alliance or an organisation of citizens belonging to national minorities taking part in the elections in the constituency electoral bureau are appointed in the order mentioned in the communication referred to in paragraph (14).


(17) If 2 or more political parties, political alliances or electoral alliances or an organisation of the national minorities taking part in the elections have proposed the same number of candidates, their representatives are members of the constituency electoral bureau, within the limit of the number of seats that have not been occupied by the representatives of political parties, political alliances and electoral alliances that are, according to paragraph  (15), in a more favourable situation; if, by applying this provision, it is not possible for the representatives of all political parties, of the political and electoral alliances or of the organisations of the  national minorities taking part in the elections and being at a tie, to be included in the electoral


bureau, its president proceeds to a random draw, in the presence of the delegates of the political parties, political and electoral alliances in question.


 (18) If the political parties, the political and electoral alliances or the organisations of the national minorities taking part in the elections do not nominate any representative, the president of the constituency electoral bureau proceeds to the completion of the bureau, including therein, by random draw, people that are not members of any political party. The random draw is done from a list drawn up according to paragraph (8), within 24 hours from the request of the president of the constituency electoral bureau.


* Amended by Law No. 91/2020.


** Amended by Government Emergency Ordinance No. 40/2019.
*** Inserted by Government Emergency Ordinance No. 40/2019.