Observers (1) Observer status is incompatible with that of an electoral official serving on the electoral body, candidate for election, member of the initiative group, representative or trusted person of the electoral competitor or referendum participant, treasurer. (2) Observers may be: a) national observers — citizens of the Republic of Moldova with the right to vote, accredited by electoral bodies under the conditions laid down in this Code, at the request of public associations and electoral training and research institutions of the Republic of Moldova, who have the task of observing how the elections are organised and conducted; b) international observers — citizens of the Republic of Moldova, as well as foreign citizens, representatives of foreign electoral authorities and electoral training and research institutions, international organisations, foreign state governments and non-governmental organisations abroad, as well as international electoral experts accredited by the Central Electoral Commission under the terms of this Code; (3) Public associations/non-governmental organisations dealing, in accordance with the Statute or other internal acts, with the protection of human rights or democratic values may request the accreditation of observers. Upon request, electoral constituency councils shall also accredit national observers from public associations of the Republic of Moldova. (4) International observers may be accredited at the invitation of the Central Electoral Commission to the entities referred to in paragraph (2) (b), and shall confirm their interpreters. (5) The subjects referred to in paragraph (2) may submit requests for the accreditation of observers before the start of the electoral period, but no later than 7 days before the election day, and may carry out their work until the results of the elections and the validation of mandates have been confirmed. (6) In the event of a request for accreditation of national observers, the electoral body shall adopt, within a period of up to 5 days, as a rule in the presence of the applicant or his/her representative, a decision accrediting or rejecting the candidacy of the person proposed for election observation and, in the case of international observers, within 10 days, but no later than the day preceding the election day. (7) In the event of rejection of the candidature, the electoral body shall be required to inform the person who submitted the candidacy of the reasons for its decision. The refusal of the accreditation of observers shall be justified and may be challenged under the conditions of Chapter XIII. (8) Observers accredited by the Central Electoral Commission may monitor the electoral process throughout the country and at all polling stations, including those outside the country, and observers accredited by electoral constituency councils shall operate only within the respective constituency. (9) Accredited observers shall have the right to attend all electoral operations, all meetings of electoral bodies, including on the election day, without interfering with the electoral process or other electoral operations, and to inform the chairperson of the electoral body of the irregularities observed. Observers shall have access to all electoral information, electoral rolls, minutes drawn up by the electoral bodies, photographic and video filming with notification to the chairperson of the electoral body, without jeopardising the secrecy and security of voting, and national observers may also submit complaints of irregularities, which shall be examined by the electoral body, with the notifier being compulsorily informed of the decision taken. Observers shall have the right to inform the public of their findings. On the election day, observers shall not be entitled to express findings that would favour or disadvantage certain electoral competitors or referendum participants. (10) The records of observers accredited by electoral bodies and their complaints shall be made through the information application State Automated Information System ‘Elections’, managed by the Central Electoral Commission. (11) The procedure for the accreditation of observers, their rights and obligations shall be laid down in regulations approved by the Central Electoral Commission.
§ Electoral Code art. 88Observers
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