Home > 2.6 Campaign finance > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
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Paragraph 82
 

Article 52 of the draft Code establishes the obligation of the elected mayor or President to repay "the cost incurred by the state budget in connection with the organisation and conduct of elections" if the elected office is vacated within less than a year, with the exception for doing so based on a reasoned request. This is an atypical provision that appears to tackle the issue of resignation from the office of elected officials after they spent public money in the campaign. However, it may be practically difficult to calculate the costs incurred “in connection with the conduct of elections” by a particular candidate, and it would not be proportionate to demand from one candidate to reimburse the cost of an entire election. This may be particularly problematic for the president or mayors who might have had significant support from a political party to finance his or her campaign but does not enjoy such support after the elections. Additionally, the 2017 Constitutional Court judgement states that the position of president is incompatible with being a member of a political party as the president “assumes a legal commitment towards the entire people of the Republic of Moldova. Thus, the President of the Republic must prove his impartiality and political neutrality”, which may further aggravate the possibility to return resources. It also calls into question the freedom to step down from a function in case personal, professional or political circumstances have changed in a way that some (including the elected official), but not others, may consider stepping down as justified. It is recommended to review this provision and consider a better-defined measure proportionate to the negative consequences of elected officials stepping down.