Office for Democratic Institutions and Human Rights

REPUBLIC OF MOLDOVA

LOCAL ELECTIONS
5 November 2023

ODIHR NEEDS ASSESSMENT MISSION REPORT

4-7 July 2023

Warsaw
18 July 2023
 TABLE OF CONTENTS

I. INTRODUCTION ............................................................................................... 1
II. EXECUTIVE SUMMARY................................................................................. 1
III. FINDINGS ........................................................................................................... 3
A. BACKGROUND .............................................................................................................. 3
B. LEGAL FRAMEWORK .................................................................................................... 4
C. ELECTORAL SYSTEM .................................................................................................... 5
D. ELECTION ADMINISTRATION ........................................................................................ 6
E. VOTER REGISTRATION.................................................................................................. 7
F. CANDIDATE REGISTRATION ......................................................................................... 8
G. ELECTION CAMPAIGN ................................................................................................... 8
H. CAMPAIGN FINANCE ..................................................................................................... 9
I. MEDIA......................................................................................................................... 10
J. ELECTION DISPUTE RESOLUTION ............................................................................... 11
K. CITIZEN AND INTERNATIONAL OBSERVERS ............................................................... 11
IV. CONCLUSIONS AND RECOMMENDATIONS .......................................... 12
ANNEX: LIST OF MEETINGS ............................................................................... 13
 REPUBLIC OF MOLDOVA
LOCAL ELECTIONS
5 November 2023

ODIHR Needs Assessment Mission Report

4-7 July 2023

I. INTRODUCTION

In accordance with its mandate and in anticipation of an official invitation to observe the 5 November
2023 local elections, the OSCE Office for Democratic Institutions and Human Rights (ODIHR)
undertook a Needs Assessment Mission (NAM) from 4 to 7 July. The NAM comprised Ulvi
Akhundlu, ODIHR Deputy Head of Election Department, and Goran Petrov, ODIHR Election
Adviser.

The purpose of the mission was to assess the pre-election environment and the preparations for the
local elections. Based on this assessment, the NAM should recommend whether to deploy an ODIHR
election-related activity for the forthcoming elections and, if so, what type of activity best meets the
identified needs. Meetings were held with officials from state institutions, the election administration,
and representatives of political parties, media, civil society and international organizations. A list of
meetings is annexed to this report.

ODIHR would like to thank the Ministry of Foreign Affairs and European Integration and the
Parliament of Moldova for their assistance and co-operation in organising the visit. ODIHR would
also like to thank all its interlocutors for meeting with the mission and sharing their views.

II. EXECUTIVE SUMMARY

On 4 July, the Central Election Commission (CEC) set a date for local elections for 5 November, in
line with the law. Local governments are responsible for delivering a range of key public and
infrastructural services. The state of emergency authorized by the Parliament in February 2022,
introduced soon after the start of the war in Ukraine, has been regularly extended and remains in
force.

In December 2022, the parliament adopted a new Electoral Code, which contains numerous
significant changes in many electoral aspects. The recent legislative changes address several ODIHR
recommendations, including those related to inclusive legislative reform, monitoring of broadcasting
media in between elections, effective sanctions for media violations, and reviewing the mechanism
of the nomination of election administration bodies. Most ODIHR NAM interlocutors evaluated the
legislative changes positively, but noted that it will be comprehensively tested given that upcoming
local elections will be followed by the presidential and parliamentary elections in 2024 and 2025,
respectively. The CEC is yet to adopt a number of regulations important for the conduct of local
elections.

The local elections will be conducted to elect all 898 city, town and village mayors, the councillors
of the 896 local councils and the city of Chișinău and Bălți, and 32 district councils. If no candidate
is elected a mayor by winning a majority of the valid votes cases, the run-off for each race is held in
two weeks.

Several ODIHR NAM interlocutors evaluated the CEC’s work and professionalism positively,
particularly with taking the lead in implementing the electoral reform, whereas some opposition
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members accused it of partisanship. In local elections, the District Election Commissions (DECs)
have a number of crucial tasks, including registering candidates and establishing lower-level
commissions and the new Code provides for permanent DEC chairpersons employed as public
servants. However, a number of them are yet to be appointed and trained. The implementation of
legal changes places significant challenges on the CEC, including bringing up to date numerous
regulations, updating its digital administrative systems for various aspects of the electoral process
and conducting comprehensive voter education. While acknowledging the high professional capacity
of the CEC and its secretariat, some ODIHR NAM interlocutors were concerned about the CEC’s
understaffing in important departments and perceptions of its impartiality.

Only voters allocated to polling stations in Moldova, according to their registration of residence three
months before elections, will have the possibility to vote in local elections. Currently, 2,768,816
voters are registered. An estimated 900,000 citizens de facto reside abroad, although most maintain
in-country residence and would be able to vote if they travelled to Moldova. Most ODIHR NAM
interlocutors expressed trust in the accuracy of the voter register accurate, but some remarked on the
relatively high number of voters without residence and the inclusion of those who died abroad.

Candidates may be nominated by registered political parties or electoral blocs and run as individual
candidates. For the first time, candidate lists for local elections must have at least four of each ten
listed candidates of each gender, which will result in an increase in the number of women councillors.
ODIHR NAM interlocutors expect candidate registration to be inclusive, but some opposition parties
found that the lack of possibility to form blocs on the local level prevents them from forming different
political alliances depending on the local circumstances.

Candidates are prohibited from using administrative resources in the campaign and are not allowed
to inaugurate infrastructural projects if they hold official functions. Some restrictive measures were
introduced in the new Electoral Code to curb vote-buying, including a ban on the transportation of
voters on election day. The Electoral Code no longer includes a provision that forbids campaigning
outside of the official campaign period, but some ODIHR NAM interlocutors indicated that there is
a lack of clarity on what actions are legally permitted before the campaign starts.

The campaign finance legal framework has been amended as a result of several changes introduced
in the new Electoral Code, especially in relation to donation, reporting and control and oversight by
the CEC. Third-party campaigning remains underregulated. To prevent an influx of illegal and foreign
funds channelled through individuals, the Electoral Code now allows the election management bodies
to request financial information from citizens to determine if the donated funds come from their
income. Some opposition members stated that this would discourage donations to the opposition.

Several ODIHR NAM interlocutors noted that there is a considerable level of foreign interference
and the spread of disinformation through the broadcast media and online, which continues to
negatively effect, and further polarize society. Since December 2022, six TV channels have been
suspended for as long as the state of emergency remains in place for spreading inaccurate information,
though some interlocutors question the legal grounds for the suspension. Recently, the government
introduced a draft law to create a body that aims to fight disinformation online by strengthening
institutional capacity and promoting social cohesion.

Voters and contestants have the right to challenge the actions and decisions of election bodies and the
actions of electoral opponents. Appeals against decisions of election bodies are submitted to higher-
level commissions and then to the court. The Chișinău Court of Appeal has jurisdiction over appeals
against the decisions of the CEC and the AVC. Some ODIHR NAM interlocutors expressed concerns
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that the upcoming process of vetting judges may make them reluctant to take on sensitive cases during
the elections.

Citizen and international observers are entitled to observe the election process, and the contestants
may appoint one representative to each commission and for each polling station. A network of civil
society organizations plans to monitor various aspects of elections, including deploying a large
number of observers to follow the campaign and election day proceedings.

All ODIHR NAM interlocutors welcomed a potential ODIHR observation activity, underlying the
benefits of an independent review of the implementation of the amended legal framework and
underlining the importance of observing if the contestants have equal opportunities to compete.
Interlocutors mentioned a wide range of election aspects that would be important to observe,
including the respect of fundamental freedoms, impartiality and independence of election
administration, the conduct of the campaign, including online and in the media, and the
implementation of campaign finance regulations and its oversight.

Based on the findings of this report, the ODIHR NAM recommends, subject to the availability of
resources, the deployment of an Election Observation Mission (EOM) to assess the 5 November 2023
local elections for compliance with OSCE commitments, other international obligations and standards
for democratic elections and domestic legislation. In addition to a core team of experts, the ODIHR
NAM recommends the secondment of 28 long-term observers from OSCE participating States to
follow the election process countrywide, as well as 200 short-term observers to follow election day
proceedings. In line with ODIHR’s standard methodology, the EOM would include a media
monitoring element.

III. FINDINGS

A. BACKGROUND

Moldova is a parliamentary republic with legislative power vested in the parliament and executive
power exercised by the government. The president is the head of state and holds certain functions and
authority, including foreign relations and national security. Local governments are responsible for
delivering a range of key public and infrastructural services and share several competencies with the
central government. On 4 July, the Central Election Commission (CEC) set the election day for 5
November.1

After the July 2021 early parliamentary elections, the Party of Action and Solidarity (PAS) won 63
of the 101 mandates, with a significant majority to form the government. The Electoral Bloc of
Communists and Socialists (BeCS) won 32 and the Şor Party the six remaining mandates. Forty
women received MP mandates, the highest number since the first competitive elections in 1994.2 The
government engaged in an ambitious reform agenda related to corruption, elections and judiciary, but
without opposition support, who accused the ruling party of securing absolute power to prevent
democratic change. On 23 June 2022, Moldova received a status of an EU candidate country.

1
The law provides for the possibility to set local elections on either the last Sunday of October or the first Sunday
of November.
2
See the 2021 Early Parliamentary Elections Gender Perspective, published in the framework of UNDP’s
elections support project.
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The state of emergency, authorised by the parliament in February 2022 and introduced soon after the
start of the war in Ukraine, has been regularly extended and remains in force.3

On 19 June, on a petition by the government, the Constitutional Court ruled to dissolve the Şor Party
as unconstitutional and ordered its removal from the register of parties.4 The Şor Party MPs retained
their mandates as independent MPs. While some opposition parties consider this measure excessive,
many ODIHR NAM interlocutors supported it as proportionate, although some stated it might be
insufficient to prevent further violations and the influx of foreign funds to influence elections.5 On
10 July, the ruling party submitted a draft law to amend the Law on Political Parties and institute a
three-year ban on standing in any elections of the members of the executive board, elected
representatives and candidates nominated by any party that was declared unconstitutional by a
decision of the Constitutional Court.

ODIHR has observed sixteen elections since 1996.6 Most recently, ODIHR deployed an Election
Observation Mission for the 11 June 2021 early parliamentary elections. The final report issued in
December 2021 contains 23 recommendations, including 6 priority ones, for the authorities to
improve the electoral process and bring it closer in line with OSCE commitments.7

B. LEGAL FRAMEWORK

Elections are regulated primarily by the Constitution and the Electoral Code, supplemented by CEC
regulations and decisions.8 In December 2022, the parliament adopted a new Electoral Code, which
contains numerous and significant changes in many electoral aspects, particularly on the composition
of election management bodies, the conduct of the election campaign, regulation and supervision of
campaign financing, voting rights, including voting abroad, and the rules on various types of
referenda.9 Most ODIHR NAM interlocutors evaluated the legislative changes positively, but many
also noted that the new Electoral Code will be comprehensively tested, given that upcoming local
elections will be followed by the presidential and parliamentary elections in 2024 and 2025,
respectively.

In October 2022, ODIHR and the Venice Commission provided a Joint Opinion on the draft code,
and a number of its recommendations were implemented. 10 According to most ODIHR NAM
interlocutors, the process of presenting and discussing proposed changes that took place in 2022, as

3
The state of emergency was most recently extended as of 4 June for two months.
4
In its decision, the Constitutional Court cited systematic, continuous and significant use of illegal funds by the
party in order to gain power through undemocratic means and referred to numerous prior decisions by courts and
other authorities related to serious campaign breaches in multiple elections since 2016. On the request of the
Constitutional Court, in December 2022 the Venice Commission of the Council of Europe issued an amicus
curiae brief, advising inter alia that “the declaration of unconstitutionality should be strictly proportionate and
state authorities must show that no less restrictive means would suffice” and that “state authorities must show
convincingly based on sufficient evidence that the policies and/or activities of the party represent a serious and
imminent threat to democracy, security or human rights.”
5
Mr. Ilan Şor, founder of the Şor party, has been in exile since 2019. On 27 April 2023, the parliamentary majority
stripped Mr. Şor of his MP mandate after the Chișinău Court of Appeal sentenced him to 15 years imprisonment
in absentia for fraud and money laundering.
6
See previous ODIHR election-related reports on Moldova.
7
In paragraph 25 of the 1999 OSCE Istanbul Document, OSCE participating States committed themselves “to
follow up promptly the ODIHR’s election assessment and recommendations.”
8
Other applicable laws include the 2007 Law on Political Parties (last amended in 2022), 2006 Law on Local
Public Administration (amended in 2023), 2008 Law on Assemblies (amended 2018), 2018 Audio-visual Media
Services Code (as amended in 2023), 2022 Law on Advertising, 2002 Criminal Code (as amended in 2023),
2008 Contraventions Code (as amended 2023), and 2018 Administrative Code (as amended 2022).
9
The unofficial English translation of the Electoral Code is available on the CEC website.
10
See the Joint Opinion on the draft Electoral Code.
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led by the CEC, was conducted in an open and inclusive process. However, the parliamentary
opposition parties disagreed with several new provisions and did not support the new code. In
particular, the opposition representatives explained to the ODIHR NAM that they oppose introducing
permanent chairpersons of the district-level District Election Commissions appointed by the current
CEC and the rules related to campaign donations, including the checking the legality of submitted
donations, which they claim could provide a chilling effect on their donors (see Campaign Finance).

In 2023, the CEC engaged in a new public consultation process to adapt its regulations to the new
Code.11 According to the CEC, due to the complexity, workload and necessity to solicit some state
institutions’ input, a considerable number of its regulations are yet to be adopted.12 Some ODIHR
NAM interlocutors warned against the risk of detailing election procedures during the pre-election
period.13

The recent legislative changes address several priority ODIHR recommendations, including those
related to an inclusive legislative reform, monitoring of broadcasting media in between elections,
effective sanctions for media violations, reviewing the mechanism of the nomination of election
administration bodies and amending the law to allow voters to sign in support of more than one
candidate[] However, the implementation of these and many other recommendations remains to be
tested in elections. Several aspects remain to be addressed or implemented, such as ensuring that
courts have the capacity to handle election-related cases without facing undue pressure, increasing
the resources and technical expertise of the CEC in campaign finance oversight, facilitating
independent access to polling stations of persons with disabilities, and adequate protection of voters’
personal data.

C. ELECTORAL SYSTEM

The local elections will be conducted to elect all 898 city, town and village mayors, the councillors
of the 896 local councils and the city of Chișinău and Bălți, and 32 district councils.14

The number of councillors per council is determined by the CEC on 1 January of the election year,
taking into account the number of inhabitants, and ranges between 9 and 43 councillors, and 51 for
Chișinău. For all councils, the seats are allocated using the D’Hondt method for proportional
distribution by allocating mandates to candidate lists. Candidates running individually receive seats
if the number of their votes is next in line to be distributed. Candidates who did not receive seats
become alternative candidates. If the turnout in the election is below 25 per cent, the CEC orders a
repeat voting to take place within two weeks, using the same voter lists and candidates. The turnout
in the second round must be one-fifth of registered voters, otherwise the election is repeated within
two weeks.

11
The code requires the CEC to pass new regulation within six months after it came into effect on 1 January 2023.
12
By the beginning of July, the CEC adopted seven of the forty separate regulations. Majority of these regulations
have impact on local elections and cover wide range of processes.
13
By law, the pre-election period starts on 7 August.
14
The elections are not organized in local administrative units in Transnistria as these are not under the control of
the central government. Voters from communes of Gîsca, Chitcani, Cremenciug in Transnistria will be able to
vote for the district council of Căușeni district, in polling stations opened outside of Transnistria.
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A mayoral candidate is elected if they obtain more than half of the valid votes cast. Otherwise, a run-
off is held within two weeks between the two highest-scoring candidates.15 The candidate who won
the most votes is declared the winner.16

Following the elections, in case of reorganization of some local administrative units, new elections
are held in those units.17

D. ELECTION ADMINISTRATION

Local elections are administered by the CEC, 34 second-level District Election Councils (DECs), 898
first-level DECs and some 1,985 Precinct Election Bureaus (PEBs). The CEC is a permanent body
vested with considerable competencies in organizing all types of elections and ensuring compliance
with election legislation. The current composition of the CEC, appointed in 2021 following the early
parliamentary elections, will remain in place until the end of its five-year term.18 The CEC comprises
nine members, one nominated by the president and the others by the parliamentary factions
proportionally to their representation.19 Five CEC members are women, including the chairperson.
Several ODIHR NAM interlocutors evaluated the CEC’s work and professionalism positively,
particularly with taking the lead in implementing the electoral reform, whereas some opposition
members accused it of partisanship.

The implementation of the legislative changes imposed in the new Electoral Code places significant
challenges on the CEC, including bringing up to date numerous regulations, updating its digital
administrative systems for various aspects of the electoral process and conducting comprehensive
voter education. While acknowledging the high professional capacity of the CEC and its secretariat,
some ODIHR NAM interlocutors were concerned about the CEC’s understaffing in key departments
and perceptions of its impartiality.

The new Electoral Code defines the second-level DECs as permanent structures on account of having
a permanently employed DEC chairperson selected by the CEC. All other DEC members’
appointments are temporary and confirmed by the CEC at least 50 days before the elections. 20
According to the new provisions of the Electoral Code, the Central Election Council of Gagauzia will
assume the duties of the DEC for these elections. 21 In local elections, the DECs have several crucial
tasks, including registering candidates and establishing lower-level commissions. The new Electoral
Code stipulates that the DECs also establish the results of the elections and the mandates; previously,
this task belonged to courts.

15
In case two or more candidates received the same number of votes in the first round, the DEC will draw lots to
determine the two run-off candidates.
16
In case the two candidates won the same number of votes, the winner is the one who obtained more votes in the
first round. In case that figure was also equal, the winner is determined by drawing lots.
17
The ODIHR NAM was informed that a draft law on reorganising some local administration units entered the
parliamentary procedure.
18
In line with a prior ODIHR recommendation to reconsider the CEC composition, the Electoral Code introduced
a new formula that comprises seven members nominated one each by the President, the Ministry of Interior, the
Supreme Council of Magistracy, the civil society and the parliamentary opposition, and two by the ruling party,
but the new formula will be applied in 2026.
19
Based on parliament’s composition, the PAS party nominated five members, while the BeCS nominated three
of them.
20
DECs include two members appointed by a court with jurisdiction in the district, two by the outgoing district
council and one by each parliamentary party. Given the current composition of the parliament, each DEC will
have a chairperson and six more members.
21
The Central Election Council of Gagauzia is the main election management body for elections of the Governor
(Bashkan) of Gagauzia and the People's Assembly of Gagauzia.
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According to some ODIHR NAM interlocutors, the employment of DEC chairpersons as public
servants without term limits is meant to provide security of tenure that should protect them from
political pressure. However, some opposition representatives asserted that this one-off recruitment
would permanently place DEC chairpersons loyal to a single political option. The recruitment of the
DEC chairpersons through an open competition process initiated by the CEC is yet to be completed,
as only 16 have been appointed by the beginning of July.22 While the CEC explained that the late
appointment of the DEC chairpersons is not a welcome development when it comes to administering
the upcoming local elections, it stressed the importance of high-quality recruitment.

The first-level DECs and PEBs are established by the DECs 40 and 25 days before elections,
respectively.23 The ODIHR NAM interlocutors did not raise any specific issues with the operations
of the local-level election bodies, but some indicated possible problems with staffing due to low
compensation. By law, all new members of election administration must receive training and go
through a certification process.24

E. VOTER REGISTRATION

The right to vote is granted to all citizens who have reached 18 years of age, except those deprived
of this right by a court decision due to intellectual or psychosocial disabilities. ODIHR has previously
noted that disenfranchisement based on any disabilities is contrary to international obligations and
standards.

The voter register maintained by the CEC is continuously updated from the State Population Register
maintained by the Public Service Agency (PSA). Only voters allocated to polling stations in Moldova
will have the possibility to vote in local elections. The CEC provides monthly updates on voter data,
and currently, 2,768,816 voters are registered.25 An estimated 900,000 Moldovan citizens de facto
reside abroad, although most maintain a residence in Moldova and would be able to vote if they travel
to Moldova. 26 While ODIHR NAM interlocutors generally considered the voter register to be
accurate, some ODIHR NAM interlocutors remarked on the need for more clarity related to a
relatively high number of voters without residence and the inclusion of entries of citizens who died
abroad.27

According to some ODIHR NAM interlocutors, there were cases in previous local elections of voters
moving to another election district close to election day under pressure or inducement by malevolent
actors attempting to gain the advantage. To address this issue, the new Electoral Code now stipulates
that voters vote according to their residence as registered three months before elections.28

The law ensures the transparency and accessibility of voter lists, with the public display at the PEBs
no later than 20 days before elections and the possibility to check the lists online. The lists are also

22
The recruitment of 10 more is pending, and the recrutiments for 8 DEC chairpersons will be renewed due to
insufficient quality of the applicants.
23
PEBs comprise three members appointed by the local council and one from each parliamentary party. Each PEB
vote to elect its chairperson and secretary.
24
The CEC plans to conduct comprehensive training of the newly-appointed DEC chairpersons from 18 – 23 July.
25
The total number of eligible Moldovan citizens is 3,299,973. Of these, 270,662 citizens reside in Transnistria
and 260,495 citizens do not have a permanent or temporary residence registered in Moldova.
26
According to the PSA, 109,121 Moldovan citizens have deregistered their residence in Moldova.
27
According to the PSA, 93,674 voters have either valid or expired ID card but do not have a registered permanent
or remporary residence and will therefore not have a possibility to vote in these elections.
28
The PSA informed the ODIHR NAM that, as a consequence, the issuance of ID cards for voters who de-facto
moved their residence within three months of the elections needs to be addressed, as the ID cards contain citizens'
addresses.
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available for scrutiny by the contestants. Voters can request corrections until seven days before
elections, with the CEC or the respective PEB, who forwards it to the local public administration.

F. CANDIDATE REGISTRATION

The right to stand is granted to all voters except persons serving military duty, those sentenced to
prison by a final court decision, those with criminal records for deliberately committed crimes, and
those deprived of the right to hold positions of responsibility by a final court decision. As an additional
condition, to run for a mayor, a prospective candidate must be 23 years of age and have graduated in
the general compulsory education.29

Candidates may be nominated by registered political parties, electoral blocs, and through self-
nomination as individual candidates. The political party register is maintained by the PSA and
currently contains 60 parties.30 Unlike in previous elections, electoral blocs can now be registered
only at the central level, with the CEC.31

Candidate lists for local and district councils must have a minimum of half of the total number of
elected councillors and a maximum of the number of councillors elected, plus seven additional
alternative candidates. All lists must have at least four for each ten listed candidates of the less
represented gender, an increase from the previous regulation that required a minimum of three out of
ten women (or men) candidates. According to many ODIHR NAM interlocutors, this measure,
previously applied only in parliamentary elections, will significantly increase the number of women
elected to local councils. Political parties that ODIHR NAM talked to do not have any additional
internal gender-based policies for selecting candidates, including for mayors.

Registered parties and electoral blocs may nominate a mayoral candidate in each district. Any voters
may apply as an independent candidate, both as a councillor and a mayor, if they collect sufficient
support signatures.32 In line with a prior ODIHR recommendation, the Electoral Code prescribes the
possibility for citizens to sign in support of more than one candidate.

No ODIHR NAM interlocutors criticized the registration procedures or their impact on inclusiveness,
but some opposition parties found that the lack of possibility to form blocs on the local level prevents
them from forming different political alliances depending on the local circumstances.

G. ELECTION CAMPAIGN

The official campaign period starts at the end of candidate registration but not earlier than 30 days
before elections and ends two days before election day with a period of campaign silence. Local
public administrations are required to establish locations for the placement of campaign materials and
premises for holding rallies offered under equal terms for contestants.

29
This age requirement was reduced from 25 years of age.
30
See the list of registered parties. According to the PSA, the recent amendments to the Law on Political Parties
eased the requirements for registration of new parties who now need to submit 1,000 declarations of prospective
party members from any region and a party statute that stipulates its structure and activities in accordance with
the law. The PSA registers or refuses a party registration within 15 days of the application.
31
Parties that joined blocs may not opt to contest any races as parties.
32
To run for a councillor, an individual candidates must be supported by 2 per cent of the number of voters
registered divided by the number of seats, but not less than 50 support signatures. Independent mayoral candidate
must collect one per cent of all registered voters in the locality.
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Candidates are prohibited from using administrative resources in the campaign and, as officials, are
not allowed to inaugurate infrastructural projects. If registered as candidates, certain types of public
officials, including mayors and other local executive officials, must suspend their official activities.

Some restrictive measures were introduced in the new Electoral Code to curb vote-buying.
Contestants are now prohibited from organizing concerts, competitions and other events in which
artists and performers engage in political promotion or distribute campaign materials. Another new
provision prohibits the transportation of voters to polling stations on election day.

The Electoral Code no longer includes a provision that forbids campaigning outside of the official
campaign period, but some ODIHR NAM interlocutors indicated that there is a lack of clarity of what
actions are legally permitted before the campaign starts. Some opposition parties criticized the actions
of the prospective candidate for the mayor of Chișinău from the PAS Party for distributing leaflets to
voters’ addresses to announce that he would be standing in the election and claimed that the election
authorities would sanction prospective opposition candidates if they started campaigning before the
elections were announced, despite the change in the regulations.33

By law, during emergency situations, the authorities may prohibit meetings and public events.
However, the authorities explained to ODIHR NAM that the election processes, including rallies and
meetings with voters, are exempt from this rule and pointed to the fact that citizens’ protests are held
regularly.

H. CAMPAIGN FINANCE

Campaign finance is regulated by the Electoral Code, the Law on Political Parties and the CEC
regulation. Several changes were introduced in the new Electoral Code, especially in relation to
donation, reporting and control and oversight by the CEC. Third-party campaigning remains
underregulated. Several ODIHR NAM interlocutors noted that the efficacy of the campaign finance
regulations will be tested during these elections.

Electoral contestants at the district level must request to open special campaign bank accounts at the
latest three days after candidate registration for each type of election. 34 Contestants can receive
income from their party accounts, donations and zero-interest loans from the state.35 The campaign
income is limited to 0.1 per cent of the state revenues for the current year, divided proportionally
among districts depending on the number of registered voters.36 Donations from foreign citizens,
anonymous persons, persons acting on behalf of third parties, and several legal persons are
prohibited.37 In-kind donations are allowed but must be reflected in the donation reports according to
the market value and fall within donation limits. Cash donations are allowed if paid directly into the
campaign bank account.

Citizens may donate up to six average monthly salaries but not more than 30 per cent of their annual
income, and if the donor is a recipient of social benefits, the donation may be at most one average

33
Some ODIHR NAM interlocutors informed that they and other parties submitted complaints or letters to the
CEC asking for a legal clarification.
34
Contestants may opt to refrain from any financial activities in the campaign, and not open a bank account about
which they must inform the CEC. The bank must inform the CEC on a daily basis on all transfers to and from
the campaign bank accounts.
35
The amounts of loans are set by the decision of the CEC and the contestants who took loans must return them
within three months after election, but get partial exemption depending on their electoral performance.
36
The specific amounts are determined by the CEC.
37
Including those that concluded public contracts in the last three years, non-profit organizations and trade unions
and foundations, and charity and religious orgnizations.
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salary. To prevent channelling illegal and foreign funds through natural persons, as was the case in
previous elections, the Electoral Code now gives CEC or respective DECs power to request financial
information from citizens to determine if the donated funds come from their income. Some
representatives of the opposition remarked to the ODIHR NAM that this measure would discourage
potential donors from donating to the political opponents of the ruling party.

Electoral contestants must provide interim reports on income and expenditure on a weekly basis
during the campaign period and a final report a day after election day.38 The CEC must publish all
reports within 24 hours of receiving them. In cases of non-compliance with the law, the CEC may
decide to impose sanctions such as warnings and fines and may ultimately request the deregistration
of a candidate or a candidate list.

An office within its secretariat assists the CEC in performing control and oversight. The CEC also
intends to rely on the permanent DEC chairpersons in this respect. However, the CEC informed the
ODIHR NAM that this office at the CEC is not fully staffed and trained yet and that a number of DEC
chairpersons are yet to be appointed, trained and gain relevant experience.

I. MEDIA

Many broadcast and online media operate in a media environment characterized by a limited media
market and concentration of media ownership. In recent years the consumption of political
information through online media and social networks combined has superseded that of traditional
broadcasting media.39 Due to the recent re-classification of regional into national media, there are
now 41 national, 8 regional, and 4 local broadcast media in the country and a high number of online
media.

Several ODIHR NAM interlocutors noted a considerable amount of subversive foreign interference
and spread of disinformation over broadcast media and online, which results in a harmful effect and
further polarization in society. In December 2022, the government’s Commission for Extraordinary
Situations suspended six TV channels for the duration of the emergency situation for “inaccurate
coverage of national events, as well as of the war in Ukraine” and basing the decision partly on the
fact that the beneficiary owners of those TV stations are subject to international sanctions.40 Some
ODIHR NAM interlocutors remarked that a considerable amount of programming of these TV
channels was transferred to other channels or online, largely circumventing the effect of the
suspension. In contrast, some representatives of the parliamentary opposition alleged to the ODIHR
NAM that the ruling party controls media access and limits the coverage to the opposition parties.

The Electoral Code, supplemented by a CEC regulation, requires fair, accountable, balanced and
impartial media coverage of contestants’ campaigns. Contestants should be granted access to political
advertising under equal conditions. The Audiovisual Council (AVC) monitors broadcasters’
compliance with the law and acts ex officio and upon media-related complaints. The new Electoral
Code asks the AVC to conduct detailed monitoring of news programs of several broadcast media
during the pre-election period starting from 7 August, based on the audience share. The AVC

38
The reports should also include all supporting documentation related to income and expenditures. The CEC and
DECs have a legal right to request any additional financial information from parties and vendors and public
institutions, such as tax authorities.
39
See the Public Opinion Barometer for information on mass media consumption as of November 2022.
40
Primul în Moldova, RTR Moldova, Accent TV, NTV Moldova, TV6 and Orhei TV. The commission’s decision is
partially based on the AVC’s report on the TV channels repeated violations of the article 13 of the Law on
Audiovisual Services regarding their obligation to ensure accurate information. Some media NGOs argued that
the suspension lacks sufficiently substantiated evidence and legal grounds to fully support the proportionality of
such a decision.
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representatives explained to the ODIHR NAM that it would further increase the scope of their
monitoring in the campaign period to cover most broadcasters.

All broadcast media must submit their editorial policies and schedules for campaign coverage by 14
August. During the campaign period, some broadcast media and the public broadcaster Teleradio
Moldova (TRM) plan to cover the election process by providing coverage of campaign events during
news programmes and organizing debates between candidates. The TRM informed ODIHR NAM
that it has started inviting prospective candidates to be guests or interviewees of its political programs.
The AVC will publish weekly interim reports with the results of its media monitoring and a final
report within three days of the elections. The NGO Independent Journalist Centre (IJC) plans to
systematically monitor several media.

Campaigning in online media is mostly unregulated. However, the ODIHR NAM learned that a draft
Law on Centre for Strategic Communication and Combating Disinformation was submitted to the
parliament on 5 July with the expectation that it would be adopted before the start of the campaign
and serve to fight online disinformation, including during the elections, and promote social
cohesion.41

J. ELECTION DISPUTE RESOLUTION

The Electoral Code contains detailed regulations related to complaints and appeals processes. Voters
and contestants have the right to challenge the actions, failures to act and decisions of election bodies
and the actions of electoral opponents. The AVC considers the complaints related to election media
coverage. Complaints related to political party and campaign finance are lodged with the CEC, except
those related to independent candidates for councillors and mayors, which are submitted to the
respective DEC. Appeals against decisions of election bodies are submitted to higher-level
commissions and then to the court. The Chișinău Court of Appeal has jurisdiction over appeals against
the decisions of the CEC and AVC. Some ODIHR NAM interlocutors expressed concerns that the
upcoming process of vetting judges may make them reluctant to take on a case or be an impacting
factor when considering sensitive cases during the elections.42

Complaints must be filed with the election body, the AVC or the court within three days, and they
have three days to adjudicate the case, but not later than by election day. Requests for cancellation of
registration of the contestants for local elections must be submitted to the DECs by five days before
elections. In case they are submitted later, they are considered at the time of the determination of
election results.

K. CITIZEN AND INTERNATIONAL OBSERVERS

Citizen and international observers are entitled to observe the election process. The new Electoral
Code defines national observers as those representing civil society organizations or research and
training institutions accredited to observe elections. International observers are accredited by the CEC
and citizen observers by the CEC or DECs, depending on the scope of observation. By law, observers
have access to all election information, including minutes of election commissions, and may record
inside the polling of commission premises if it does not jeopardize the secrecy of the vote or data

41
The draft law is available on the parliament’s website. The draft law defines disinformation as intentional
dissemination of information of false or misleading character that can be verified to be false or misleading, and
which creates a harmful effect to national security. According to the AVC, this definion, which is in line with
their recommendation, will also be reflected in the 2018 Law on Audiovisual Services.
42
The ODIHR NAM was informed that the vetting of the Chișinău Court of Appeals judges will likely take place
early next year.
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privacy. Citizen observers may also submit notifications on irregularities. Electoral contestants may
appoint one representative to each commission and for each PEB, but they may not be candidates.

A network of civil society organizations Coalition for Free and Fair Elections plans to monitor various
aspects of elections. Promo Lex plans to conduct long-term observation of the election campaign and
deploy several hundred short-term observers on election day.

IV. CONCLUSIONS AND RECOMMENDATIONS

All ODIHR NAM interlocutors welcomed a potential ODIHR observation activity, underlying the
benefits of an independent review of the implementation of the amended legal framework and
underlining the importance of observing if the contestants have equal opportunities to compete.
Interlocutors mentioned a wide range of election aspects that would be important to observe,
including the respect of fundamental freedoms, impartiality and independence of election
administration, the conduct of the campaign, including online and in the media, and the
implementation of campaign finance regulations and its oversight.

Based on the findings of this report, the ODIHR NAM recommends, subject to the availability of
funds, the deployment of an Election Observation Mission (EOM) to assess the 5 November 2023
local elections for compliance with OSCE commitments, other international obligations and standards
for democratic elections and domestic legislation. In addition to a core team of experts, the ODIHR
NAM recommends the secondment of 28 long-term observers from OSCE participating States to
follow the election process countrywide, as well as 200 short-term observers to follow election day
proceedings. In line with ODIHR’s standard methodology, the EOM would include a media
monitoring element.
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ANNEX: LIST OF MEETINGS

Officials and Institutions

Ministry of Foreign Affairs and European Integration

Victor Lapușneanu, Head of the Multilateral Cooperation Directorate
Valeria Ceban, First Secretary, OSCE and International Security Division

Central Election Commission

Angelica Caraman, Chairperson
Pavel Postica, Deputy Chairperson
Alexandru Berlinschii, Secretary
Corneliu Pasat, Deputy Head of Communication, Public Relations and Media Department

Legal Committee of the Parliament

Olesea Stamate, MP, Committee Chairperson, PAS Party

Chișinău Court of Appeal

Ghenadie Mara, Acting President of the Court
Adelina Roșca, Head of Public Relations

Public Service Authority

Iurie Cristea, Deputy Director
Svetlana Rotaru, Deputy Head of the Department of Identity Documents, Citizenship and Records of
Persons
Sergiu Sîtnic, Head of the Digitalization Department
Valeria Bucicovschi, head of the European Integration Section, Legal Normative Department
Veronica Ignat, Head of the Non-Commercial Organizations Registration Section

Audio-visual Council
Aneta Gonța, Vice-president
Grigore Chițanu, Head of the legal division

Political Party Representatives

Diana Caraman, MP, Communist Party
Valeriu Muduc, MP, Communist Party
Gaik Vartanean, MP, National Alternative Movement (MAN)
Olga Ursu, Vice-mayor of Chișinău, MAN
Irina Gutnic, Vice-mayor of Chișinău, MAN
Victor Pruteanu, Adviser the Mayor of Chișinău, MAN
Veronica Roșca, MP, Party of Action and Solidarity (PAS)
Ana Calinici, MP, PAS
Ion Babici, MP, PAS
Fadei Nahacevschi, Vice-president, Party of Development and Consolidation of Moldova (PDCM)
Victor Macovei, Secretary of the Central Executive Office, PDCM
Valeriu Stoicev, Lawyer, Legal Department, PDCM
Vlad Batrîncea, MP, Deputy Speaker, Socialist Party
Adrian Lebedinschi, MP, Socialist Party
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Media Representatives

Teleradio Moldova
Vladimir Turcanu, Director General
Natalia Sirbu, Assistant to Director General

Piligrim-Demo
Mihail Sirkeli, Executive Director,

Civil Society Representatives

Nicolae Panfil, Director, Promo Lex
Igor Boţan, Executive Director, Association for Participatory Democracy
Nanide Gogu, Executive Director, Independent Journalism Center
Cristina Durnea, Legal Advisor, Independent Journalism Center

International Community
Representatives of diplomatic missions of Germany, Italy, the Russian Federation, Sweden, Türkiye
and the United States. 43
Ambassador Kelly Keiderling, Head of Mission, OSCE Mission to Moldova
Vladimir Rusić, Acting Deputy Head of Mission, OSCE Mission to Moldova
Michael Schieder, Senior Political Officer, OSCE Mission to Moldova
Olesea Perean, Program Specialist, Effective Governance, Justice and Human Rights Cluster Lead,
UNDP
Radu Mirza, Project Analyst, UNDP
Mihai Tanase, Election Strategic Expert, UNDP

43
The ODIHR NAM extended an invitation to representations of all OSCE participating States resident in
Moldova.