Conclusions and recommendations of Promo-LEX observers on local elections 2011

Chisinau, 30 August 2011 – Promo-LEX launches final monitoring report of the local elections of 05 June 2011. The report described pre-election context, presents the main findings of Promo-Lex observers and outlined several recommendations to enhance the quality of the electoral process.

The local general elections in 2011 in the Republic of Moldova, which were held on June 5 (Round I) and June 19 (Round II), were marked by a high level of voter participation, a fierce competition demonstrated by candidates and an adequate level of preparing the elections by the electoral organs. At the same time, multiple deficiencies have been recorded in the electoral process, mainly due to the actions undertaken by the majority of the involved actors. These deficiencies did not have a significant influence on the results of the scrutiny.

The pre-electoral period was marked by uncertainty regarding the date of organizing local general elections. The Parliament has set and announced the date for the local general elections as a result of the proposal which was not initially included in the official agenda and which was only three days prior to the expiry of the deadline specified by the legal norms. Amendments to the Electoral Code have been operated outside the term recommended for these purposes by the Venice Commission. Moreover, the amendments were admitted after the announcing of the date of the local general elections.

The Promo-LEX observers have reported that local public administration authorities have mostly respected the provisions of the electoral legislation, demonstrated the tendency to respect the deadlines set by the electoral legislation and undertook the necessary measures in order to create equal conditions for all the electoral competitors. Except for a few cases, local public administration authorities have generally offered sufficient logistical support to the electoral organs. At the same time though, the observation effort has reported a significant number of cases of use of public function for campaigning purposes. The latter also include the isolated cases of abuse of public office for electoral campaign purposes by some central and local public administration officials.

The Promo-LEX elections monitoring effort reports that, with some exceptions, the electoral organs have been constituted generally on time within the deadlines prescribed by the CEC electoral calendar and have demonstrated a correct and impartial behavior towards all the electoral competitors. The Promo-LEX elections monitoring effort salutes the neutral behavior of the electoral organs members and a conscious fulfilling of the functional tasks, as well as the timely replacing of those members of the electoral organs whose incompatibility were found.

Nevertheless, observers reported minor deficiencies at constituting the voting stations, publicly displaying the information regarding the headquarters of the voting stations and the public contact information. Moreover, the monitoring effort found isolated cases of involvement of electoral organs members into electoral campaigning activities. Observers have reported cases of uneven interpretations and insufficient knowledge of the legal norms regarding the registration of electoral competitors, the filing of financial reports by the competitors, the access to electoral rolls and the procedures regarding the modification of their content. The monitoring effort continues to be alarmed by the situation regarding the state of the technical and logistic assistance to electoral organs, the frequent changes in the composition of election bodies which makes it impossible to ensure adequate training to new members and causes delays in the plan of activities.

Observers have noted a dynamic election campaign, marked in particular by the organized launch of the political parties and independent candidates to elective office. More, observers noted that candidates used diverse methods of campaigning, as well as the obvious decrease in the number of electoral posters placed in unauthorized places.

On the other hand, the Promo-LEX observers remain very concerned over the isolated cases of violence and intimidation (at least 22 reported cases), black PR methods, use of provocative and hate speech aimed at counter candidates (at least 13 reported cases), as well as the considerable number of cases of using the administrative resources (at least 42 reported cases) and gifts in the electoral context (at least 99 reported cases).

The Promo-LEX monitoring effort continues to be worried by the candidates’ opacity in declaring electoral funds and other material support used in campaign, but also by the lack of appropriate legal mechanisms for resolving electoral dissensions. Thus, observers highlight the tendency of more electoral disputes being solved by courts rather than amicably at the electoral organs. This phenomenon carries the risk of harming the credibility in the electoral process as a whole, emphases being transferred from the guaranteeing of the citizens’ right to vote to the interpretations of electoral norms by courts.
The Promo-LEX monitoring effort notes the continued and active involvement of local and regional mass-media in covering campaign. In particular, the role of mass-media can be noted in the public presentation of the election administration activity, in the presentation of information on candidates and in conducting the electoral debates. Nevertheless, some legal shortcomings have been noted related to the authentication of the electoral advertising authors in accordance with legal provisions.
Observers have reported two cases of impossibility to exercise the right to be elected as local elected officials in the administrative-territorial units Bender and UTA Transnistrian Region, because of the impossibility to constitute there appropriate election organs.

The Promo-LEX elections observation mission has formulated a number of recommendations which are aimed at improving the electoral process. The recommendations of the Promo-LEX observation mission are made in good faith in order to improve the election process. They are based on findings and indicate the direction for necessary intervention, without requiring specific solutions.

The full copy of the report in English language is available here.

For more details, contact: Carolina Bondarciuc, Public Relations Officer, Tel: (22) 450024, GSM: 069637849, e-mail: [email protected]