Home > 1.3.2.4 Aggregation procedure and election results > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
Download file    
 
 
Paragraph 109
 

The evidence requirement for declaring elections null and void is not clearly set out in the law. For parliamentary elections, Article 128 prescribes that elections shall be declared null and void if violations of the Electoral Code “have influenced the voting results and the assignment of seats”. The wording is similar for presidential elections, see Article 152 (“influenced the election results”). However, the wording is not clear as to the evidentiary standard needed to establish if the election result has been influenced: i.e., whether the violations probably influenced the election result, whether this needs to be established beyond reasonable doubt, or whether a mere possibility would suffice? In case of an electoral dispute that may lead to declaring elections null and void, the level of probability for influencing the election result will be the key question to decide. It is important that the evidence requirement is clear and undisputed, regardless of whether the evidentiary standard is set out in the Electoral Code for this purpose, or the law defers this question to general principles in the Moldovan legal order, other laws, or case law. The legislator should clarify what evidentiary standard is to be applied when declaring elections null and void.