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LAW OF THE REPUBLIC OF MOLDOVA

of April 26, 2024 No. 109

About partial implementation of vote by mail

The parliament adopts this organic law.

Article 1. Purpose and subject of regulation

(1) This law regulates the principles of participation in elections by means of realization of the voting right by mail as alternative method of vote, the selective procedures characteristic of vote by mail, and also powers of the electoral bodies organizing vote by mail.

(2) the Purpose of this law are creation of the necessary regulatory base for partial implementation of vote by mail in support of realization by citizens of the Republic of Moldova of the voting right by means of alternative method of vote and check of feasibility of implementation of this method of vote on permanent basis.

(3) Provisions of the Electoral code No. 325/2022 are applied to the selective procedures connected with vote by mail in the part which is not provided by this law.

Article 2. General concepts

For the purposes of this law the following basic concepts are determined:

vote by mail – alternative implementation method of the voting right abroad with use of post/courier services;

remote identification of the voter with use of digital means – the process of identification and check of the identity of the voter based on the shown identification documents, the measurements of biometric parameters of person, comparison of the image and data transferred by the physical person and/or received from external data sources performed with use of digital means. Remote identification of the voter with use of digital means can be performed by means of the automated means of check without participation of the person operator or by check with participation of the person operator;

the electoral register for vote by mail – the electoral register including voters who were registered previously underwent testing and have the right to vote by mail.

Article 3. Direct and free vote by mail

(1) the Voter included in the electoral register for vote by mail and who received envelope with bulletins/voting bulletins votes personally. Transfer of the received voting bulletins and vote for other persons are forbidden.

(2) Nobody has the right to put pressure upon the voter with the purpose to force it to vote or not to vote, and also to interfere with its independent declaration of will. The voter included in the electoral register for vote by mail and who received envelope with bulletins/voting bulletins bears the personal liability for ensuring free vote, and in case of violation of this principle – for the message on such impact in the procedure established by the law.

(3) Photography or public and open demonstration of the filled voting bulletin is forbidden.

Article 4. Secret vote

(1) Vote by mail is secret that excludes possibility of impact on declaration of will of the voter. The voter included in the electoral register for vote by mail and who received envelope with bulletins/voting bulletins bears the personal liability for providing mystery of vote. Non-compliance with mystery of vote, disclosure of the choice made in voting process by mail or transfer of voting bulletin to the third party are punished according to the legislation.

(2) the Electoral bodies provide the mystery of vote, using two different envelopes: personalized envelope which is intended for identification of the voter, and envelope in which the voting bulletin invests, – for secret vote.

Article 5. Terms of carrying out vote by mail

(1) In departure from part (1) Articles (8) and article 75 of the Electoral code No. 325/2022 vote is by mail taken ahead of schedule, till the election day.

(2) Transfer of voting bulletins by mail begins not later than 20 days till the election day. Acceptance by local electoral bureaus for vote by mail of external envelopes comes to the end three days before the election day.

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