§ Electoral Code art. 35Setting up of electoral constituency councils

Setting up of electoral constituency councils
(1) The Central Electoral Commission shall set up second-level constituency councils,
which operate on a permanent basis, shall consist of an odd number of members of minimum
7 and maximum 11 persons.
(2) In the case of parliamentary, presidential, republican referenda and general local
elections, the Central Electoral Commission shall confirm the nominal composition of the
second-level electoral constituency council.
(3) In the composition of the second-level electoral constituency council, its
chairperson, appointed by the Central Electoral Commission and subject to the regulations of
Law No 158/2008 on the civil service and the status of the civil servant, shall be appointed on
a permanent basis.
(4) The other members of the second-level electoral constituency council shall be
appointed at least 55 days before election day, as follows:
a) two members shall be appointed by the district court in the jurisdiction of which the
electoral council for the relevant constituency is located;
b) two members shall be appointed by the second-level local council, as appropriate,
by the People’s Assembly of Gagauzia, in the jurisdiction of which the electoral constituency
council concerned is located;
c) one is appointed by each political party represented in Parliament.
(5) For the position of member of the electoral council of any level, individuals who
have received training at the Electoral Training Centre and hold appropriate certificates of
qualification valid at the date of confirmation shall be designated. Applications nominated by
the district courts and local councils, where appropriate by the People’s Assembly of
Gagauzia, must have higher legal or public administration studies.
(6) In the case of local elections and referenda, first-level electoral constituency
councils shall be set up by second-level constituency councils, and if necessary, by the Central
Electoral Commission. Those electoral councils shall consist of an odd number of members
of minimum 7 and maximum 11 persons at least 40 days before the day of the election.
(7) For the setting up of first-level electoral constituency councils, at least 45 days
before election day, the nominations of 2 members shall be nominated by the first-level local
council, and in the absence of such proposals, the remaining seats shall be filled in by the
Central Electoral Commission from the number of persons included in the Register of Electoral
Officials. The political parties represented in Parliament, one from each political party, shall
make nominations of the other members. As far as possible, persons with higher legal or public
administration qualifications shall be included in the composition of constituency councils.
(8) If the political parties do not appoint their nominations in the composition of the
electoral constituency council in maximum 5 days before the expiry of the deadline for its
setting up, the necessary number of nominations shall be completed by the local councils and,
if necessary, by the People’s Assembly of Gagauzia. If they fail to submit the nominations and
if, after nomination or in the absence of nomination by all subjects of law, the number of
candidates is not sufficient or constitutes an even number, the remaining seats shall be filled
in by the Central Electoral Commission from the number of persons included in the Register
of Electoral Officials.
(9) Within 3 days of the date of confirmation of the nominal composition of the secondlevel electoral council, its members shall elect the Secretary of the Council from among them.
Within the same time limit from its setting up, the members of the first-level electoral
constituency council shall elect from among themselves the Chairperson and Secretary of the
electoral council. The results of these elections shall be communicated immediately to the
Central Electoral Commission and, where appropriate, to the relevant second-level electoral
constituency council.
(10) During the electoral period, the electoral constituency council shall adopt its
decisions by the vote of the absolute majority of its members.
(11) The specific features of the organisation and functioning of the electoral
constituency council shall be laid down in its rules of operation, approved by decision of the
Central Electoral Commission.
(12) For polling stations abroad, the Central Electoral Commission shall form a
separate electoral council, based in the municipality of Chisinau, which shall ensure the
organisation of electoral processes for polling stations established abroad.
(13) For the polling stations located on the left bank of Nistru (Transnistria), the Central
Electoral Commission shall form a separate electoral council, based in the municipality of
Chisinau, which will ensure the organisation of the electoral processes for the polling stations
set up for the municipalities on the left of Nistru (Transnistria).