§ Electoral Code art. 91Appeals

Appeals
(1) For the purposes of this Code, appeal means a written application (referral),
including a prior request, which:
a) urges the electoral body to review, cancel in whole or in part, or issue an
administrative act, to bring an action or to order the electoral body to refrain from acting;
b) challenges actions/inactions found to be illegal by subjects registered, accredited or
confirmed or to be registered, accredited or confirmed by electoral bodies, hereinafter referred
to as electoral subjects;
c) challenges the facts considered as a violation of the manner in which the election
campaign was covered, broadcast or placed in electoral advertising;
d) challenges the facts alleged to constitute a breach of the regulatory framework
regarding the financing of political parties, election campaigns, nominated candidates,
initiative groups and referendum participants.
e) formulates criticisms in relation to other violations of electoral law.
(2) Appeals lodged under the terms of this Code shall be examined by the electoral
bodies, respecting their hierarchy. In the cases laid down by this Code and by other legislative
acts, appeals shall be examined by other bodies (authorities) within the limits of the powers
conferred on them.
(3) For the purposes of paragraph (2), the legality of the administrative acts of the
issuing electoral body, as well as its actions/inactions, shall be challenged directly before the
hierarchically superior electoral body. Following compliance with the prior procedure, the
decision of the issuing electoral body, where applicable, the decision of the hierarchically
superior electoral body in the case of a new decision on the preliminary application, shall be
challenged directly in the court within whose jurisdiction the electoral body concerned is
situated.
(4) The objections described in paragraph (1) (b) shall be lodged with the electoral
body, which has registered, accredited or confirmed, or will register, accredit, confirm the
electoral subjects whose actions/inactions are challenged. The decisions of the electoral
bodies on these appeals shall be challenged under the conditions laid down in paragraph (3).
(5) Appeals concerning the legality of decisions of the Central Electoral Commission
and decisions of the Audiovisual Council, as well as their actions/inactions, shall be lodged,
without following the prior procedure, with Chisinau Court of Appeal.
(6) Appeals concerning the financing of political parties and election campaigns and
other competitors or electoral subjects shall approach the Central Electoral Commission, with
the exception of appeals concerning the financing of independent candidates, initiative groups
in local elections and the mayor registered as a participant in the local referendum, which shall
address the electoral constituency councils.
(7) Appeals concerning the coverage of elections by media service providers shall be
examined by the Audiovisual Council in accordance with the provisions of this Code and the
Audiovisual Media Services Code.
(8) Appeals relating to the preparation and/or placement of electoral advertisements,
including on the content of such publicity material, shall be examined by the electoral bodies
in the part concerning the actions/inactions of the electoral subjects registered or who are to
be registered or confirmed by the electoral bodies.
(9) Appeals lodged after the day of the vote may only relate to infringements relating
to the exercise of the right to vote, the organisation of electoral procedures on the day of the
vote and/or the totalisation of voting results by the electoral bodies, if such violations adversely
affect the rights of the objectors and influence the results of the vote by the redistribution of
the elected candidates’ mandates.
(10) The procedure for examining appeals during the electoral period, as well as
appeals relating to the financing of political parties and election campaigns, shall be approved
by a decision of the Central Electoral Commission.