§ Electoral Code art. 58Reports on financing the work of initiative groups and election campaigns

Reports on financing the work of initiative groups and election campaigns
(1) Political parties and electoral blocks nominating candidates, electoral competitors,
referendum participants and initiative groups, whose campaign or signature collection involves
financial and material resources, shall submit reports containing information on accrued
income and expenditure (including full name and surname of the donor, personal identification
number (IDNP), residence, day, month and year of birth, place of work, position held
(occupation/type of activity), party membership, income or donor financing sources, state
identification number (IDNO) and name of the legal person), with copies of the primary
documents attached, in accordance with patterns and procedure approved by the Central
Electoral Commission. The Central Electoral Commission shall approve the template of
reports regarding the financing of work of initiative groups and election campaigns.
(2) All services and actions referred to in paragraph (1), provided free of charge by
natural and legal persons, as well as all volunteering activities during the signature collection
period and during the election campaign of the candidate, electoral competitor or referendum
participant, shall be evaluated by them and must be indicated in the financial report in
accordance with the procedure laid down in the regulations approved by the Central Electoral
Commission.
(3) In the case of parliamentary, presidential and local elections, as well as referenda
of whatever type, political parties and electoral blocks nominating candidates for elections,
referendum participants, initiative groups, candidates for the office of President of the Republic
of Moldova and independent candidates, with the exception of those referred to in paragraph
(4), shall submit to the Central Electoral Commission reports on the cash accumulated and
expenditure incurred in the election campaign or during the period of activity of the initiative
groups, respectively, within the following deadlines:
a) weekly, in accordance with the timetable approved by the Commission in the
calendar programme;
b) within 3 days after the voting day (Tuesday), for the entire election campaign (final
report);
c) in the case of initiative groups, the final report for the entire period of activity of the
initiative group shall be submitted no later than 3 days after the submission or, as the case
may be, the final date of submission of the subscription lists to the Commission.
(4) Independent candidates in local elections, as well as the initiative groups set up to
collect signatures to support them, shall submit to the electoral constituency council
appropriate reports on the accumulated cash resources and expenditure incurred in the
election campaign or during the period of activity of the initiative groups, respectively, under
the signature of the persons responsible, in accordance with the following deadlines:
a) weekly in accordance with the timetable approved by the Commission in the
calendar programme;
b) within 3 days after the voting day (Tuesday), for the entire election campaign (final
report);
c) in the case of initiative groups, the final report for the entire period of activity of the
initiative group shall be submitted no later than 3 days after the date of submission or, as the
case may be, the deadline for submission of subscription lists to the electoral constituency
council.
(5) Reports on the financing of the activity of initiative groups and election campaigns
shall be submitted using, on a mandatory basis, automated electronic reporting methods,
through the IT sub-system ‘Financial Control’, part of the State Automated Information System
‘Elections’, and at the request of the Central Electoral Commission and in paper form.
(6) Reports on the financing of the activity of initiative groups and election campaigns
received under paragraphs (3) and (4) shall be verified in advance by the Central Electoral
Commission, or as appropriate by the electoral constituency council, with regard to the
completeness of the information and compliance with the requirements for its preparation.
(7) If the information submitted by the initiative group, the electoral competitor, the
referendum participant under paragraphs (1) and (2) is incomplete and/or the related
documents have not been attached to the report, the Central Electoral Commission, or as the
case may be, the electoral constituency council, shall have the right to request from the subject
who submitted them additional data and/or documents, and the latter shall be obliged to submit
them within the time limit indicated, but no later than 48 hours from the time of the request.
(8) No later than 24 hours after receipt and/or acceptance of the reports, verified in
advance in accordance with paragraph (6), the Central Electoral Commission shall place them
on its website in compliance with the legislation on the protection of personal data, and the
electoral constituency councils shall send them to the Central Electoral Commission and the
relevant local public administration authorities for publication on their websites under the same
conditions.
(9) For the purposes of compliance with legislation on access to information, freedom
of expression and protection of personal data, information contained in the financial reports of
initiative groups or electoral competitors shall be made public, with the exception of the
personal ID, the date and month of birth, domicile or temporary residence of the individual.
(10) Reports on the financing of the work of initiative groups and election campaigns
shall be verified and analysed by the Commission, or as appropriate, by the electoral
constituency council, which shall take a decision to that effect.
(11) For the purpose of verification and examination of reports, the Central Electoral
Commission, or as appropriate, the electoral constituency council, shall have the right to
request and receive from natural and legal persons, whatever the form of organisation of the
legal person, information necessary within the limits of its competence (including personal
data, information assigned to trade secrets, banking, tax, etc.). The persons concerned shall
be obliged to submit the requested information within the prescribed time limit, but no later
than 48 hours after the registration of the application. On request and depending on the nature
of the information requested, the Central Electoral Commission may extend the time limit or,
where appropriate, the electoral constituency council, but in total the period allowed shall not
exceed 3 days.
(12) To avoid reasonable doubt, the Central Electoral Commission, or as the case may
be, the electoral constituency council, may collaborate with or refer the matter to the public
authorities which have public information systems and/or have control powers, with a view to
submitting the necessary information or carrying out additional checks, within the limits of the
functional powers of those authorities.