Download file    
 
 
Article 42
 

Incompatibilities and restrictions in the activity of the Electoral Council and Bureau activity


(1) In the performance of his/her duties, a member of the Electoral Council or Bu­reau shall:


a) not have the right to engage in any activity as another subject involved in the electoral process and to exercise or permit undue influence over electoral processes;


b) in local elections, not be the husband (wife), relatives by blood or by mar­riage of the first degree of the candidate running in elections in the electoral district in whose area the electoral body is located;


c) if he/she is judge nominated in the composition of the Electoral Council, he/ she may not examine electoral complaints from the concerned District as from the date on which the council was established;


d) not make statements or campaigning in favour of or against electoral com­petitors, participants in the referendum or initiative groups, or to express any option in the referendum;


e) may not support, either financially or by any other means, directly or indi­rectly, any electoral competitor, participant in the referendum or initiative group.


(2) Failure to comply with the incompatibilities and restrictions laid down in para­graph (1) of this Article shall serve as a basis for the removal of the member, by replacing him/her with another member nominated by the subject having this powers, or by appli­cation of ot-her sanctions laid down in Article 102 (6).


[Art.42 (1) amended by Law No. 100 of 13.06.2025, in force as of 14.06.2025]