One of the authors, Marc Tcaciuc, an independent lawmaker and representative of the Civic Congress party, stated while presenting the document at parliamentary hearings that the main goal was to “restore citizens’ trust in elections.”
Six key changes.
The draft proposes six key amendments.
First, the opposition insists on “institutional reform of the Central Election Commission.” This means that, under the proposed legislative amendments, the opposition would hold a majority on the CEC: five out of nine members of the Commission (including the chair). The parliamentary majority, meanwhile, would have only one member (unlike the current rule, which provides for proportional representation based on the distribution of seats in parliament).
Parliament will not have the authority to reject proposed candidates if they meet the requirements established by law. At the same time, individual six-year terms of office are being introduced for each member, which should ensure a gradual rotation (“staggered terms”) and “protect the body from political expediency when the parliamentary majority changes.”
Second, the bill proposes “democratizing voting procedures abroad.” “A permanent system of advance voter registration is being introduced, with a four-year data update cycle, based on the French model. A direct correlation is established between registration data and the number of polling stations opened, which eliminates administrative arbitrariness. “To ensure unprecedented transparency, the Central Election Commission is required to provide continuous online coverage of the voting and vote-counting processes at every overseas polling station,” the bill states.
Third, the bill eliminates extrajudicial sanctions: the revocation of a candidate’s registration, sanctions against the media, or the revocation of observers’ accreditation are permitted solely on the basis of a court ruling.
Furthermore, only a court decision will determine the existence of a “camouflaged bloc,” a determination currently made by the CEC. At the same time, the Information and Security Service is completely excluded from the candidate vetting process; its functions are limited to protecting national security—intelligence and counterintelligence—without involving electoral screening.
Fourth, civilian oversight of elections is expanded: the right of political parties to accredit their own observers is restored, including for parties that are eligible to run but do not participate in the elections. Representatives of competing parties and observers are granted the right not only to take photos and videos but also to conduct live broadcasts at polling stations, which clarifies the provision.
Fifth, ensuring equal opportunities and protecting the rights of all participants in the process. The draft removes technical and bureaucratic barriers to the equal participation of citizens.
To protect the right to support political parties, a simplified reporting procedure is introduced for small donations not exceeding one average monthly salary. This measure protects privacy and ensures greater citizen participation in the country’s political life.
To ensure the accessibility of procedures, an automatic mechanism is established for providing ballots in various languages based on census data, which guarantees the exercise of the right to vote without the need for administrative requests.
During the election campaign, public opinion polls will be conducted on a notification basis, eliminating the threat of censorship by the Central Election Commission.
Sixth, strengthening the legitimacy and stability of the process. The draft bill abolishes two-day voting as a factor that increases the risk of fraud and lack of oversight. In addition, it prohibits any discriminatory “pilot projects” and experiments (such as selective mail-in voting) not provided for by law.
PAS Ignored It, CEC Criticized It
Representatives of the ruling “Action and Solidarity” (PAS) party were absent from the hearings, which Vlad Batrincea, the deputy speaker from the Socialist Party, attributed to a “fear” of defending their position.
However, CEC Vice Chair Pavel Postică did speak out on the opposition’s draft. Moreover, the commission prepared an advisory opinion on the draft, in which it criticized some of the opposition’s proposals.
In particular, this applies both to the idea of allowing photography and video recording and to live broadcasts from polling stations. According to Postică, this contradicts international standards, as it violates one of the fundamental principles of elections—the secrecy of the ballot.
In Postică’s view, the fact that parties cannot have their own observers at the polls in no way infringes on their rights, since they are entitled to have their own representatives at polling stations. Representatives of the parties participating in the election effectively monitor the voting process.
He acknowledged that, under the current Electoral Code, which took effect in 2022, the Commission is indeed empowered to impose certain sanctions; however, “all of them can be challenged in court.”
The Problems of the Temptation of Power and Political Monopoly
The opposition claims that the bill is intended to restore the balance between the government and the opposition.
“Today we are talking about the establishment (by the government) of a political monopoly (in Moldova) that has no legal basis. Development cannot be ensured through a monopoly. With the proposed bill, we aim to restore—even if only slightly—the balance between the government and the opposition,” said Vasile Costiuc, chairman of “Democracy at Home.”
Alexander Berlinschii, a member of parliament from “Our Party,” also emphasized that the main “problem is not with the legislation.”
“The problem lies in state institutions and in how the law is applied. Unfortunately, at least during the last two election campaigns, we have witnessed double standards on the part of state authorities,” he noted.
PCRM Chair Diana Caraman stressed that in order to change the situation and restore citizens’ trust in the electoral process, it is necessary, among other things, to change their perception of the CEC – The Commission “must become a truly independent institution, not a political tool.”
Concluding the discussion, Marc Tcaciuc pointed out that the proposed bill is, first and foremost, a bill “about finding a balance.”
“Balance is always a system. The ruling party takes responsibility for the executive branch, while the opposition manages public funds and is responsible for elections. That would be balance. To understand how a democratic system works, one must look a little broader. Continuity is essential. I do not envy the future parliamentary opposition if it is to be judged by the laws of the current government. And I understand that the current opposition faces a tremendous temptation to change nothing—and not just in the electoral system. Gaining the kind of power that exists today is a huge temptation. And as for the current government, one can only express regret that they are missing today’s opportunity to change their future fate…,” the lawmaker said.
