Observers

(1) Status of an observer shall be incompatible with that of an electoral official working within the electoral body, of a candidate in election, of a member of the initiative group, of a representative or a trustworthy person of the electoral competitor or of a participant in the referendum and that of a treasurer.

(2) Observers may be:

a) national observers — citizens of the Republic of Moldova who have the right to vote, accredited by the electoral bodies under this Code, at the request of the civil society associations and of training and research institutions in the electoral field from the Republic of Moldova, that have the mission to observe the organisation and conduct of elections;
international observers — citizens of the Republic of Moldova eligible to vote, and of foreign citizens representing foreign electoral authorities, training and research institutions in electoral field, international organisations, foreign State governments and foreign civil society organisations, and international experts in electoral matters, accredited by the Central Electoral Commission under this Code, that have the mission to observe the organisation and conduct of elections.

(3) May request the accreditation of observers of public associations/non-governmental organizations which deal with the protection of human rights or democratic values in accordance with their statute or other internal acts. Upon request, the District Electoral Councils also accredit national observers.

(4) International observers shall observe the electoral process at the invitation of the Central Electoral Commission addressed to the subjects referred to in paragraph (2) lit. b), which accredits them and, where appropriate, confirms their interpreters.

(5) The subjects referred to in paragraph (2) may submit requests for accreditation before the beginning of the electoral period but no later than 7 days before the Elections Day. Observers may operate until the confirmation of the elections results and validation of mandates.

(6) Not later than 5 days - in the event of accreditation requests of national observers and a maximum of 10 days - in the event of accreditation request of international observers, but at the latest on the day before the Elections Day, the electoral body, usually in the presence of the applicant or his/her representative, shall adopt a decision by which it accredits or rejects the candidature of the person proposed for observing elections.

(7) In case of rejection of submitted candidature, the electoral body must communicate the reasons for its decision to the subject which has requested the accreditation. The refusal to accredit observers must be justified and may be challenged under the conditions laid down in Chapter XIII.

(8) Observers accredited by the Central Electoral Commission may monitor the electoral process throughout the country and in all the polling stations, including those opened abroad. Observers accredited by District Electoral Councils may perform their activity only within the territory of concerned Electoral District.

(9) The accredited observers are entitled to monitor the election procedures and to attend all meetings held by electoral bodies, including on Elections Day, without interfering with the voting process or in other election procedures, and to report any irregularities observed to the Chairperson of the electoral bureau. Observers shall have access to all electoral information, to voters’ lists, to the minutes prepared by the electoral bodies; they may take photos and shoot videos by notifying the Chairperson of the electoral body, without jeopardising voting secrecy and security and personal data protection. National observers may submit notifications on the revealed irregularities, which shall be considered by the electoral body, by informing the author of the notification on the taken decision. Observers have the right to inform the public opinion of the made findings. On Elections Day the observers are not allowed to present the findings that would favour or disadvantage certain electoral competitors/participants in the referendum.

(10) The records on the accredited observers and their notifications shall be carried out through the information application State Automated Information System “Elections”.

(11) The procedure for the accreditation of observers, their rights and obligations shall be established by the regulation approved by the Central Electoral Commission.