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May 15, 2021

Senate adopts Parliament elections law

The Senate adopted on Wednesday the legislative draft law regarding the elections for the Senate and for the Chamber of Deputies, and for the functioning of the Permanent Electoral Authority (AEP), initiated by several members of the Parliament by PSD, UNPR, PC, PNL, UDMR and minorities. The changes include voting based on a list, an electoral limit of 5 per cent and a reduced number of MPs: 326 Deputies + Diaspora and 134 Senators.

The draft law stipulates that Senators and Deputies will be elected by list-based voting, according to the principle of proportional repartition, and the representation norm for electing the Senate is one Senator for 168,000 inhabitants and, in the case of the Chamber of Deputies, by one Deputy for 73,000 inhabitants.

Also, the legal initiative stipulates that the electoral limit represents the minimum required number of valid votes expressed for Parliament representation calculated as follows: a) 5 per cent of the total valid votes expressed at national level or 20 per cent of the total valid votes expressed in at least four electoral circumscriptions for all electoral competitors and b) in the case of political alliances and electoral alliances, the limit of 5 per cent would be completed by an additional 3 per cent, for the second member of the alliance, of valid votes expressed nationally and one per cent for each member of the alliance, starting with the third, of valid  votes expressed in all electoral circumscriptions, without exceeding 10 per cent of these votes.

“The organizations of citizens belonging to a national, legally created minority, that were unable to achieve at the election at least a position of Senator or Deputy are entitled, according to article no. 62 in the Constitution, to a position of Deputy if they have gained, at the level of the entire country, a number of votes equal with at least 5 per cent of the average number of valid votes expressed in the country for electing a Deputy”, the text of the legal initiative also shows.

The law further defines the term of “electoral fraud”, stipulating that it is represented by any offence that takes place before, during or after the voting is completed, or during the counting of the votes or issuing reports, and that has the result of mystifying the electors’ will and creating advantages translated by additional positions for an electoral competitor.” The law has an organic character and was adopted by Senate as the first notified Chamber with 105 votes for and two votes against. The Senate is not a decisional chamber, and, therefore, discussions in the Chamber of Deputies will follow.




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