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The Promo-LEX Observation Mission (OM) has issued the fourth monitoring report for the general local and new parliamentary elections of October 20, 2019. Similarly to the previous reports, the OM found several problems, including differentiated approach to the registration or non-registration of candidates, misuse of administrative resources, hate speech and discrimination, electoral gift offering, suspicions of organizing artificial “voter migration”, deficiencies in voters’ lists, including presence of deceased persons on the lists. Additionally, compared to the previous monitoring period, the number of electoral activities has doubled. We also emphasize the fact that the activity of the Promo-LEX observers has been obstructed several times.

The end of electoral campaign is marked by an increased number of electoral activities and misuse of administrative resources

By the end of the campaign, the number of electoral activities increased significantly, exceeding by almost seven times the activities in the previous observation period – 1,014 cases. Most activities have been carried out by the PSRM (28%), ACUM Bloc (20%) and the PN (13%).

There have been reported at least seven cases that can be qualified as electoral gift offering, of which in five cases the PSRM is concerned (foodstuffs, bicycles, tree planting events, etc.), in one case – the PDM (trip), and in another case – the PL (sports competition).

Misuse of administrative resources has also increased, reaching at least 87 cases, of which 84 refer to the organization of electoral meetings during working hours in state institutions.  In most cases, the PSRM (33 cases), ACUM Bloc (18 cases) and the PN (10 cases) are targeted.

Obstruction of the activity of Promo-LEX observers

Unfortunately, there have been reported numerous cases, when members of electoral bodies obstructed the activity of Promo-LEX observers by limiting their access to voters’ lists (at least 21 cases) or obstructing their access to appeals (2 cases). Also there are cases, when representatives of public institutions and electoral competitors prevented observers’ access to the financial reports of independent candidates (one case each).

Erroneous interpretation of legal norms on the verification of the validity of collected signatures

The Promo-LEX OM finds cases of incorrect application, including by the electoral bodies and courts, of legal norms on the verification of the validity of collected signatures. These facts have unjustifiably determined the refusal to register electoral competitors, the most eloquent example in this respect being the case of Ruslan Codreanu. The provisions of the CEC Regulation in this respect  are much tougher than the provisions of the Electoral Code.

At the same time, the Promo-LEX Observation Mission cannot overlook the fact that no potential electoral candidate has challenged the provisions of the CEC Regulation on subscription lists that establish harsher conditions compared to the norms stipulated in the Electoral Code.

Of the 3,746 candidates registered for the mayoral elections in 896 Electoral Councils of level I (ECs I), only 338 (10%) are independent and 3,408 (90%) represent parties / electoral bloc. There are 12 refusals, of which 10 fall for potential independent candidates.

Additionally, the Promo-LEX OM notes that an imposing number of candidates have been registered in violation of the legal provisions on gender quota (at least 62 cases in DECs, 1127 in ECs I). The candidates have been registered based on minutes on designation of candidates adopted by the political parties before the legally established term (at least 5 registered files).

Promo-LEX has identified at least two cases of artificial “voter migration”, as well as presence of diseased persons on voters’ lists in at least 171 polling stations

In the elections of October 20, 2019, the Promo-LEX OM has identified at least 2 situations that can be described as artificial “voter migration” in the settlements of Topala, Cimislia District, where in a single day, at least 7 registrations of permanent / temporary residence were made; and Radulenii Vechi, Floresti, where the Promo-LEX observer reported that a mayoral candidate requested the registration of 9 persons.

Incorrect assigning  of voters to PSs in another settlement (39 cases); wrong assigning of voters to another PS in the same settlement  (36 cases); presence of deceased persons on the lists (171 cases); non-inclusion of voters in the main lists (22 cases); address errors (22 cases). These are just some of the deficiencies identified by observers in the voters’ lists, to which they had access.

Almost 80% of independent candidates fail to reflect transparently the financing of their electoral campaigns

In the period of 21 September -11 October 2019, 22 out of 27 political formations, registered in the electoral race, submitted to the CEC reports on the financing of electoral campaigns. Of the 1,364 independent candidates registered in the race for the mayor’s office and the position of local councilors of level I and II, only 61 submitted their financial reports to the ECs I and DECs, 250 submitted notifications of incurring no expenses, and 1053 did not submit either financial reports nor notifications, although the legal provisions stipulate this obligation.

The total volume of revenues reflected in the financial reports by 22 competitors (political parties, electoral bloc) is 11,605,251 lei with an initial balance of 2,029,507 lei. The amount of expenses reported by 21 of them is 12,857,002 lei, final balance – 777,756 lei. The total volume of revenues reflected in the financial reports by 61 independent candidates registered for the general local elections is of 230,054 lei and the amount of expenses is 106,835 lei

The Promo-LEX OM estimates that 25 electoral competitors failed to report an amount of at least 763,599 lei, these being the PSRM, the PUN, the PDM, the PPS, ACUM, the USB, the PPEM, the PPR, Turturica Natalia (IC), Nicolae Balaur (IC), Moruz Dumitru (IC), Rusu Vasile(IC), Dandis Nicolae (IC),  Valeriu Dragan(IC), the PVP, the PVE, the PPDA, the PPEM, the MPA, the PAD, the PNL, the PPR, the PPRM, the PSE, the PL.
Incompatibilities in lower electoral bodies and lack of transparency in the CEC

The Mission has found at least four cases of incompatibility of PEB members for kinship reasons (being related to candidates), as well as two cases of registration of candidates as representatives with the right to consultative vote.  We also note that there is at least one case when PEB members have been involved in campaign activities.

Contrary to the principle of transparency, out of 32 appeals filed in the local general elections, the CEC has not published at least 11 applications  and 14 decisions on them since October 3, 2019,

No elections without discriminatory messages or other forms of intolerance
 

Based on the information reported by observers, there have been identified at least 16 cases, in which electoral competitors generated discriminatory messages or other forms of intolerance in the public space, of which the PL – 8 cases, the PN – 6 cases, the USB and the PPDA a case each.

Analyzing the situation in terms of criteria that generated hate speech, we find out that 11 cases are based on gender prejudices and stereotypes, five cases – on disability prejudices, and four other cases on incitement to violence. Similarly, two cases of incitement to discrimination on ethnic and national basis and one case of intolerance towards LGBT people have been identified

The full report can be accessed here.

The Observation Mission of October 20, 2019 General Local Elections is carried out by the Promo-LEX Association with the financial support of the United States Agency for International Development (USAID) through the Democracy, Transparency and Accountability Program.

For more information, please contact:
Inga Stegarescu, Promo-LEX Association Press Officer
GSM: 069 26 96 84;
E-mail: [email protected]