Home > 2.4 Complaints and appeals > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
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Paragraph 105
 

Article 96(1) states that each objector shall establish the facts on which their claims are based and shall be liable for the veracity and quality of the evidence submitted. The draft Code thus places the burden of proof on voters and electoral contestants, including in disputes with election administration. It should be recalled that the legal relationships within the electoral period are of public nature and, with some exceptions, are regulated by public law. Placing the burden of proof on voters and electoral contestants in their disputes with public bodies may leave the former without an opportunity to substantiate their appeals when the evidence is in possession of the public bodies. ODIHR and the Venice Commission recommend to review this provision so that the election administration and other administrative bodies are required to substantiate the legality of their decisions.