Legal regime governing the competence of public authorities to examine appeals (1) When lodging an appeal, the powers and duties of the public authorities with regard to the examination of appeals, the type of election, the alleged infringements and the place where they were committed, as well as the requirements submitted shall be taken into account. (2) Based on the provisions of this Code and other related legislative acts, the power to examine appeals shall lie with: 1) electoral constituency councils in the event of appeals submitted under the terms of this chapter. Electoral councils shall have the power to also examine: a) cancellation requests for electoral subjects registered, accredited or confirmed by the electoral council concerned; b) appeals against the decisions of the election bureaux approving the minutes on the results of the vote count and/or the report on their activity during the electoral period; c) appeals against the decisions of the first-level constituency councils approving the minutes on the totalisation of the voting results and/or the report on their activity during the electoral period, as well as on the declaration of elected candidates, the allocation and validation of the mandates of local elected representatives, the confirmation of lists of alternate candidates in local elections. 2) the Central Electoral Commission in the event of appeals submitted under the terms of this chapter. The Central Electoral Commission shall also examine: a) cancellation requests for election subjects registered, accredited or confirmed by the Commission; b) requests to recount votes in case of disagreement with preliminary voting results in local elections and referenda; c) appeals against decisions of the electoral bodies on the totalisation of voting results and/or on the approval of the report on their activity during the electoral period; d) appeals against decisions concerning the declaration of elected candidates, the allocation and validation of the mandates of elected representatives, confirmation of lists of alternate candidates in local elections; e) appeals against the reflection or dissemination of false information placed by electoral subjects in the print media or online space. 3) the Audiovisual Council in the event of appeals submitted under the terms of this chapter, as well as applications provided for in the Audiovisual Media Services Code of the Republic of Moldova. (3) Where the examination does not fall within the competence of the body concerned, the appeal and the material attached to it shall be submitted for examination in accordance with the competence, as a matter of urgency, no later than 2 calendar days after the date of receipt, except in the cases referred to in Article 93 (2) (g) and Article 99. (4) After the dissolution of the electoral bureaux, where applicable, the electoral constituency councils, they shall be replaced by the Central Electoral Commission in the examination of electoral appeals and disputes.
§ Electoral Code art. 97Legal regime governing the competence of public authorities to examine
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