REPORT No 3 ELECTION DAY. Observation Mission. of the Local Referendum on the Dismissal of Chisinau General Mayor

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1 REPORT No 3 Observation Mission of the Local Referendum on the Dismissal of Chisinau General Mayor and of the New Local Elections of 19 November 2017 ELECTION DAY Published on 22 November 2017 Chisinau 2017

2 All rights reserved. The content of the Report may be used and reproduced for not-for-profit purposes and without the preliminary consent of Promo-LEX Association, provided that the source of information is indicated. The Observation Missions for the local referendum on the dismissal of Chisinau General Mayor and the new local elections of 19 November 2017 are funded by the United States Agency for International Development (USAID). The opinions set out in the public reports of Promo-LEX are those of the authors and do not necessarily reflect the donors view. 2

3 Contents INTRODUCTION... 4 SUMMARY... 5 A. Local Referendum on the Dismissal of Chisinau General Mayor... 5 B. New Local Elections of 19 November I LOCAL REFERENDUM ON DISMISSAL OF CHISINAU GENERAL MAYOR Polling Stations Opening and Closing Incidents Observed on the Referendum Day Vote Tabulation Results II. NEW LOCAL ELECTIONS OF 19 NOVEMBER Polling Stations Opening and Closing Incidents on the Election Day Final Vote Tabulation by Promo-LEX OM LIST OF ABBREVIATIONS

4 INTRODUCTION Report on the election day, drawn up as a result of the activity of the of Promo-LEX Observation Missions (OM) for the Local Referendum on the Dismissal of Chisinau General Mayor and New Local Elections of 19 November 2017, covers the electoral process during the period November 2017, with a strong emphasis on the election day of 19 November The report provides the findings of the Promo-LEX observers together with the corresponding legal framework. The local referendum was held on the dismissal of Mr. Dorin Chirtoaca from the position of General Mayor of Chisinau municipality. The new local elections were organised with the aim to elect the mayors in the following settlements: Singera town (Chisinau mun.), Berlinti township (Briceni d.), Zirnesti township (Cahul d.), Plopi township (Cantemir d.) Stefanesti township (Floresti d.), Fundurii Noi (Glodeni d.), Lapusna township (Hincesti d.), Sarateni township (Leova d.), Capriana village (Straseni d.), Ghiliceni township (Telenesti d.). The electoral process was monitored in all the constituencies established for the elections of 19 November 2017, including in Chisinau constituency, in the context of the local referendum. On the referendum and local elections day, Promo-LEX delegated a short-term observer (STO) in each of those 307 and 24 opened polling stations (PS), respectively. We specify that in 5 PS from Singera t. both elections were conducted. As a result, the Promo-LEX OM delegated per one observer to monitor both the new local elections and the local referendum. All the observers involved in the monitoring process were trained during the seminars organized by the Promo-LEX Mission and signed the Code of Conduct 1 of the Promo-LEX Independent National Observer, undertaking to act quickly, in good faith and in a non-partisan manner. The activity of all the observers is coordinated by the central team of the Association. The report is developed by the central team of the Promo-LEX OM, based on the findings of the Observation Mission observers on the activity of all stakeholders involved in the organization and conduct of elections: election candidates and participants in the referendum, electoral bodies, voters, etc. Promo-LEX OM is carried out under the Democracy, Transparency and Accountability Program, which is supported financially by the United States Agency for International Development (USAID). The opinions presented in the public reports of Promo-LEX belong to authors and do not necessarily reflect the donors view. 1https://promolex.md/4689-codul-de-conduita-al-observatorilor-electorali-promo-lex/ 4

5 SUMMARY A. Local Referendum on the Dismissal of Chisinau General Mayor The polling stations were opened and closed according to the regulatory requirements. It was reported that about 14% of the polling stations were opened with insignificant delays. During the election day, the Promo-LEX observers reported different types of incidents found in the polling stations and on their territory. Thus, the most often and the most serious incidents include certain deficiencies in the operation of Elections SAIS (at least 5 cases) and deficiencies in the lists of voters (at least 16 cases). The disaggregation of cases by problems reveal the following situations: technical problems in the operation of Elections SAIS (2); deficiencies in the presence of voters in the system (3); deceased persons on the lists (4); unknown persons or previous owners registered at the addresses of voters (3); change of the PS where the voters previously voted without informing them (5); voting on the additional lists because the voters were not registered in both databases (SAIS and lists) or in one of them (4). One incident reported during the election day, characterised by specific elements of the referendum is related to the: voters failure to understand the content of the question subjected to referendum (at least 14 cases). According to the data reported by the observers, certain voters had difficulties to express their opinion due to the formulated question. The majority of incidents are related with the fact that the ballot boxes were not sealed according to the legal procedures (22 case). Note that one stationary ballot box had to be sealed with 4 seals and one mobile ballot box with 2 collar-type self-locking seals. Incidents were reported when the stationary ballot boxes were sealed with 2 or 3 seals. Taking pictures of ballot papers (10 cases) is still a problem, even if the number of such cases is smaller compared to the previous national elections. Here are some incidents reported during the election day: restricted access or preventing the free observation process at the polling station; (3 cases); presence of advertising materials, posters, electoral billboards within the radius of 100 meters around the polling station (3 cases); electioneering on the election day by using LED billboards (4 cases); unjustified presence of unauthorized persons inside or within 50 m from the polling station (5 cases); electioneering or black PR near the polling station to influence the voters (6 cases); involvement in the electoral process of the observers delegated by the participants in the referendum (4); organised transportation of voters (1); acts of violence or intimidation of voters or other people (1); other categories of incidents (10). B. New Local Elections of 19 November 2017 During the election day, the Promo-LEX observers monitored the process in the polling station and reported the main aspects, including the incidents. The polling stations were opened and closed according to the regulatory requirements. Insignificant delays at the opening were reported in 8.33% of PS and one one polling station was opened with an insignificant delay. The most often reported incident and the most important was the unjustified presence of unauthorized persons inside or within 50 metres from the polling station (9 cases). The categories of unauthorized persons cover: representatives of top party officials/holding administrative positions (4); candidates (2); unidentified citizens (3). In two PS were reported deficiencies in the lists of voters: in one polling stations were found deceased persons on teh lists and in another polling station one person with valid identity documents was 5

6 not included on the list. Also, in two polling stations were reported the involvement of EOPS members in electoral process. Other problem situation refer to: photographing of ballot papers (2 cases); use, in the voting process, of ID cards that do not comply with the legal provisions (1 case); unjustified group voting (2); limited access for persons with special needs (1); situations that can be qualified as material rewards or money offered to voters (1), and others (2). 6

7 I LOCAL REFERENDUM ON DISMISSAL OF CHISINAU GENERAL MAYOR 1.1. Polling Stations Opening and Closing According to Article 50 of the Electoral Code, on the election day voting shall take place from am to 9.00 pm. According to Article 55(1) of the Electoral Code, at am on the election day the chairman of the electoral office of the polling station, in the presence of no less than half of the members of the office, shall check the ballot boxes and seal them. The chairperson shall also check the lists of voters, ballot papers and seals, and prepare protocols of this in two copies. Protocols shall be signed by all attending members of the electoral office; one copy is put in the ballot box, after which the chairperson declares the election open. As many as 307 Promo-LEX observers monitored the PS opening. According to their reports, Promo- LEX Observation Mission found the following: Polling stations opening: a. before 7.00 am 8.79% (27 PS); b. at 7.00 am 77.20% (237 PS); c. between 7.01 am to 7.15 am: 14.01% (43 PS). Access and free observation in the polling station: a. YES 99.67% (306 PS); b. NO 0.33% (1 PS); Presence of operators at the workplace in the polling stations: a. In compliance with the provision stipulating for the presence of 2 operators 97.72% (300 PS); b. With a deviation from the required number of operators 2.28% (7 PS). Requests for voting at the place of residence registered by EOPS at the polling station opening: 890 in the 307 stations Regarding the appropriate closing of PS (9.00 pm) 307 PS closed reportedly at 9.00 pm Incidents Observed on the Referendum Day a. Restricted access or preventing the free observation process in the polling station According to the Article 63(5) of the Electoral Code, CEC-accredited observers may monitor the electoral process across the whole country and in all polling stations, whereas ECC-accredited observers only within the area of the constituency.accredited observers shall have the right to assist at all electoral operations, all meetings of the electoral bodies, including on the election day, without intervening in the electoral process or in other electoral operations, and inform the chairperson of the electoral body about the noticed irregularities. Accredited observers may continue their activity during the second round of elections as well as during repeated voting/referendum. According to reports submitted by Promo-LEX OM observers there were at least 3 cases where observers faced difficulties in entering the polling stations and conducting unrestricted observation inside of them. Restricted access for Promo-LEX observers to the polling stations upon the opening of the polling stations (1 case): PS 59, Botanica, Chisinau. Preventing the free observation in the polling station and within the radius of 100 metres around it (2 cases). PS 65, Botanica, Chisinau, PS 260, Cricova, Chisinau. 7

8 b. Presence of advertising materials, electoral billboards and posters in the vicinity of the polling station (within the radius of 100 m from the polling station) Item 14 of the Regulation on the Location of Electoral Advertising and Political Promotion Materials on Advertising Billboards prohibits the posting of election posters in buildings where the councils and electoral offices are located, and within the radius of 100 meters from them. Promo-LEX OM observers found 3 casesof election posters posted within less than 100 meters around the PS or in the polling station. Election posters promoting the position of participants: PSRM (2 PS) within the radius of meters from the polling stations: PS 304, Truseni, Chisinau; PS 117, Center, Chisinau; LP (1 PS) within the polling station: PS 232, Rascani, Chisinau. c. Electioneering on the election day by using LED billboards (4 cases) PS 249, 247 Riscani, Chisinau. A LED billboard displaying electioneering materials of PSRM was identified within about 50 meters from the respective polling station and within about 100 meters from the PS 247. LED billboards displaying electioneering materials on the election day we identified in at least three cases (outside the perimeter of the polling station). d. Ballot boxes were not sealed according to the legal procedures According to Article 55(1) of the Electoral Code, on the election day at am, the EOPS Chairperson, in the presence of no less than half of the members of the office, shall check the ballot boxes and seal them. According to points 26 and 27 of CEC Guidelines on Enabling the Polling Station Infrastructure, the ballot boxes shall be secured through sealing. The stationary ballot boxes and the mobile ballot boxes shall have the possibility to be sealed by means of 4 and, respectively, 2 collar-type self-locking seals. Promo-LEX OM observers found 22 instances of inappropriate use of seals (torn, missing, resealing) on stationary and mobile ballot boxes namely: PS 90, Buiucani, Chisinau; PS 247, 245, 230, 294, 297, 252, 253, 220, 230, 231, 238, 206, 242, 233, Riscani, Chisinau; PS 269, Singera, Chisinau, PS 278, Vatra, Chisinau; PS 291, Ciorescu, Chisinau; PS 180, 190 Ciocana, PS 137, Centru, Chișinău. Specific situations: As an example of good practices we want to mention the case of PS 108, Buiucani, Chisinau. At the opening of polling station the ballot boxes were sealed with less seals, but at am the chairperson of EOPS brought one more seal (the 4th) for the ballot boxes. e. Unjustified presence of unauthorized persons inside or within 50 m from the polling station Article 52(3) of the Electoral Code provides that the polling station shall be laid out in a way to allow the EOPS members and other authorized persons assist at the electoral operations, continuously observe all aspects of the voting process, including voter identification and issuance of ballots, voters' placing of ballots into ballot boxes and the developing of protocols.the list of authorized persons shall include: representatives and observers of election candidates in the electoral bodies, observers accredited by the constituency councils, observers accredited by CEC and mass-media representatives. Promo-LEX OM observers noted that there were various categories of unauthorised persons present within the polling station for a particular period of time: policeman, unidentified persons, voters (were present within the PS more than necessary) Such a situation was witnessed in 5 PS, namely: 8

9 PS 186, Ciocana, Chisinau; PS 100, Buiucani, Chisinau; PS 192, Ciocana, Chisinau; PS 270, Singera, Chisinau. Specific situations: PS 205 Riscani, Chisinau. Driving courses are being held in the same room, where the PS is located. Unauthorised persons passed through the PS during the day. f. Electioneering or black PR within the perimeter and/or near the polling station to influence the voters Electioneering shall not be allowed on the election day and on the day before it (Article 47(8) of the Electoral Code). Point 52 of the Regulation on the activity of electoral offices of the polling station provides that persons entering the polling stations shall be prohibited from displaying any emblems, badges or other symbols having to do with the electoral campaign. Also, according to Article 52 of the Code of Administrative Offences, the continuation of electioneering or the agitation in support of a referendum on the day before the election day or on the election day shall be penalised by imposing a fine amounting to conventional units on individuals, and amounting to conventional units on persons in position of accountability or on election candidates. Promo-LEX OM observers found that on the election day the representatives of election candidates and the voters promoted certain election candidates. Such cases were found in 6 polling stations. Electioneering with the involvement of voters in favour of a certain participant in the referendum within the PS (in 2 PS): PS 71, Buiucani, Chisinau in favour of PSRM; PS 105, Buiucani, Chisinau a voter was electioneering in favour of PSRM. Electioneering with the involvement of persons that introduced themselves as members of the civil society or of the electoral bodies (3 cases): - PS 97, Buiucani, Chisinau. An incoming call was registered at the section s phone number at 6.36 pm The section chairperson who answered it was invited to participate in the referendum. - Around 4.40 pm in the apartment block from the 7/2 Aerodromului Street two persons were knocking on residents doors, introducing themselves as CEC employees and officially inviting people to participate in the referendum. When asked to present a CEC authorisation, one of the young people presented a CEC accreditation issued in the name Zefirov Victor and did not allow taking pictures of it. His other two colleagues were outside the apartment block No 7 on the same street. - Around 4.30 pm in the apartment block at 46/5 Gh. Madan Street, Chisinau, two persons were knocking on residents doors, electioneering and inviting them to vote, saying they were the members an NGO. These neither specified the name of the NGO they were representing, nor introduced themselves, intending just to call the people to vote. They were Russian speakers and were speaking in this language only. Black PR/denigration (1 PS): PS 248 Riscani, Chisinau. A voter, while inserting the ballot paper in the stationary box, yelled hate statements against the mayor targeted by the question subject to referendum, and left the polling station afterwards. g. Involvement in the electoral process of observers/representatives with right to consultative vote from the participants in the referendum Four such cases were reported: - PS 132, Center, Chisinau the PSRM observer was discussing with a member of the commission about the achievements and failures of the General Mayor involved in the dismissal procedure; - PS 220, Riscani, Chisinau where the PSRM observer, at a voter s request, told the latter where to put the voted stamp for Mayor s dismissal. As a result, the EOPS chairperson drew up a protocol on this case, and the said observer was later excluded from the PS; - PS 190, Ciocana, Chisinau. A Russian-speaking voter was given a ballot paper in Romanian, but he was not bothered by this. A PSRM observer intervened, asking why he was not issued a ballot 9

10 paper in Russian, because he might not understand some words. The PL observer warned him and the PSRM observer the latter. - PS 190, Ciocana, Chisinau. The voter asked where to apply the stamp. The PSRM observer showed him where to apply the stamp. h. Organized transportation of voters Despite the fact that the organized transportation of voters is not regarded as a violation in the Electoral Code, Promo-LEX OM monitored these situations as there is the possibility for voters to be bribed. The Promo-LEX observers found 1 case of organized transportation of voters to the PS 269, Singera, Chisinau. This, a black Skoda Superb car, licence plate GAS 257, repeatedly transported persons to EOPS. i. Acts of violence or bullying against voters or other persons Point 57 of the Regulation on the activity of electoral offices of the polling station provides that the chairperson of the electoral office of the polling station and the representative of the police station shall be responsible of ensuring order on the election day within the polling station and around it within the radius of 100 meters from the polling station. The decisions made in this regard shall be mandatory for all. The Promo-LEX OM observers reported one case of violence during the election day: PS 167, Ciocana, Chisinau at 8.10 pm a voter under the influence of alcohol, refused initially to be registered in Elections SAIS, but the EOPS members convinced her. After receiving the ballot paper she applied the voted stamp and tried to leave the PS with the ballot paper cursing at the same time the EOPS members. Sine the EOPS chairperson failed to stop he, the lady crumpled the ballot paper and threw it on the floor. the police intervention was necessary to take out the voter from the PS. j. Unjustified group voting (2 or more persons were in the voting booth). According to Article 53(1) of the Electoral Code, each voter shall cast his/her vote personally. Two such cases were reported: PS 88 Buiucani, Chisnau and PS 190, Ciocana, Chisinau two persons entered the same voting booth. The members of EOPS intervened, but they already have managed to apply the stamp voted. k. Deficiencies in the operation of Elections SAIS As mentioned above, according to point 61 of the Regulation on the activity of electoral offices of the polling station the member of the electoral office of the polling station shall hand the voter the ballot paper only after the voter was looked up in the Elections SAIS and after it was determined that the voter meets all the participation requirements which shall enable him/her to vote in that particular polling station. According to Promo-LEX observers, there were 5 cases of deficient operation of Elections SAIS. Technical problems of operation (2 PS):PS 54, Botanica, Chisinau. The operation system failed. They called the technical team and solved the issue; PS 168, Ciocana, Chisinau. Elections SAIS system did not function between 9.45 am and am because the internet connection disappeared. Deficiencies with the presence of voters in the system (3 PS) PS 227 Riscani, Chisinau. When operators where checking the IDs in the Elections SAIS, one voter was found to be voting at another PS at that very moment. The operator called CEC and was told that a technical error has occurred. Thus the voter was allowed to vote. 10

11 PS 168. Ciocana, Chisinau. A voter was registered in the SAIS program as having been voted. He insisted to vote and she was allowed to. The person mentioned that he/she had the same problem during the Presidential election, when someone had voted instead of him/her. PS 190. Ciocana, Chisinau. The voter s residence in the ID card loose leaf expired in In Elections SAIS, however, the voter was found as belonging to the said PS. The voter acknowledged that he had changed the place of residence. He was not allowed to vote and left. l. Errors in the lists of voters The lists of voters drafted based on the State Register of Voters are lists containing the name of all citizens having the right to vote, who are domiciled or reside in the territory of a polling station. A voter may only be included on one single list of voters and in one single polling station. The voter who has his/her domicile and residence visa shall be registered, within the period during which the residence visa is valid, in the list of voters from the PS in the territorial range of which the voters has his/her residence (Article 39(1) of the Electoral Code). According to the Promo-LEX OM the lists of voters used in the Local Referendum on Dismissal of Chisinau General Mayor also contained errors. Such incidents were reported in at least 16 PS, and can be broken down as follows: Deceased persons on the lists (4 cases) PS 260, Cricova, Chisinau; PS 99, 108 Buiucani, Chisinau; PS 191, Ciocana, Chisinau. Unknown persons or previous owners registered at the addresses of voters (3 cases) PS 110, Buiucani, Chisinau. One voter noticed that an unknown person has been listed at his apartment's address. PS 139, Centru, Chisinau. A voter did not find himself in the main lists of voters. The previous owners were registered at his place of residence. He was allowed to vote on the additional voter list PS 20, Botanica, Chisinau. When checking the voter list, a voter found that two unknown persons had their residence in his apartment and were included on the main voter list. Lack of information about the change of PS where the voters were to vote (5 cases) PS 101, Buiucani, Chisinau. A voter asked the Elections SAIS operator to help him find his name in the voter lists. However, he didn t find himself on the hard copy lists. The EOPS chairperson referred the voter to the PS at 30 Ion Pelivan street, Vocational School No 9. SV.103, Buiucani, Chisinau. A citizen holding the residence on 59 Belinski Street was usually voting at PS 101. He/she was not identified there and, as a result, he was directed to the PS 103, where he also was not found on the lists. The EOPS chairperson called to the District Mayoralty, but the problem was not solved and the citizen did not vote. PS 248 Riscani, Chisinau. A voter went to the polling station where she has always voted. She was identified in the Elections SAIS program, but not on the printed lists of voters. Thus, the EOPS chairperson told her to go to another polling station in the vicinity to see if she was registered there. After that she was proposed to vote on the additional voter list. In the end, the lady refused to vote. PS 138, Center, Chișinău. A voter was found missing from the voter lists. He doesn t have his residence on the old address, and doesn t have any new residence/domicile (he is not registered on any address). As the voter insisted to vote, after EOPS chairperson had a discussion with CEC representatives, he was restricted the right to vote. PS 105, Buiucani, Chisinau. About 10 voters, who voted in PS 105 at the previous election, were not on the main lists of voters for the local referendum. These persons are included on the lists in other PS (according to the data provided by operators). They left without voting, stating that they will not vote at all. 11

12 Voting on the additional lists because the voters were not registered in both databases (SAIS and printed lists) or in one of them (4 cases) PS 276, Ciocana, Chisinau. The voter is indicated in the SAIS database to have the right to vote, but he is not found in the printed lists of voters. The EOPS chairperson contacted the superior electoral bodies and the voter was allowed to vote and to be included on the additional list of voters. PS 238, Stauceni, Chisinau. A voter with residence within the area of the polling station found that he was included neither on the lists of voters, nor in SAIS program when he wanted to find his name on the list of voters. Therefore, the EOPS chairperson was notified and he was allowed to vote after being included on the additional voter list. PS 105, Buiucani, Chisinau. A voter was included in Elections SAIS, but not on the main lists of voters. Subsequently, the chairperson allowed him/her to vote after including the person on the additional lists. SV.265, Buiucani, Chisinau. A voter was found in SAIS database, but not on the printed lists of voters. Hence, he was included on the additional lists and voted. m. Taking pictures of the ballot papers and of lists of voters Point 63 of the Regulation on the activity of electoral offices of the polling station provides that: The ballot shall be filled out by the voter in a secret voting booth or room. The voter who is not able to fill the ballot in by himself/herself has the right to invite into the booth another person, with the exception of members of the electoral office, representatives of candidates, and other accredited individuals entitled to attend electoral procedures. These cases shall be recorded in the report of the electoral office of the polling station. Taking pictures of the ballot paper after having voted shall be prohibited. According to the reports submitted by Promo-LEX OM observers, a frequent phenomenon, compared against previous elections, was the photographing of ballot papers. At least 10 such cases were reported in total. The polling stations where such a violation occurred are the following: PS 29, Botanica, Chisinau the police was notified; PS 30/11, Capriana v. Straseni (2 cases); PS 158, Ciocana, Chisinau the police was called; PS 111, Buiucani, Chisinau; PS 105, Buiucani, Chisinau; PS 86, Buiucani, Chisinau; PS 33, Botanica, Chisinau; PS 231, Riscani, Chisinau. Specific situations: Photographing of voter list in PS 144, Center, Chisinau. n. Voters failure to understand the content of the question subjected to referendum 14 cases PS 87, 80, Buiucani, Chisinau; PS 58, 27 (4 cases); PS 315, Botanica, Chisinau; PS 131, Center, Chisinau; PS 220, 203, 248, Riscani, Chisinau; PS 160, 163, Ciocana, Chisinau. o. Other incidents Application of the Cancelled stamp on the ballot papers by the EOPS members before closing the polling station 1 case (PS 84, Buiucani, Chisinau); Taking the ballot paper out of the polling station 1 case (PS 53, Botanica, Chisinau: a person left the PS with the ballot paper and has never come back. There were too many voters and no measures were taken by anyone); Attempt to vote without the ID loose leaf 1 case (PS 246, Riscani, Chisinau: the fact that the loose leaf was missing was detected only after the voter signed in the lists of voters. After a fight with the EOPS members the voting process was restricted and the situation of the voter signing in the list of voters was documented in a protocol); 12

13 Involvement of EOPS members in the electoral process 1 case (PS 260, Cricova, Chisinau: the secretary found that one of the EOPS members had among ballot papers one that had a sign where to vote (in the pro section). According to those present, the lady was allegedly related to a certain participant. The EOPS chairperson pulled out that ballot paper and canceled it); PS 217 Riscani, Chisinau. A voter took a ballot paper from the EOPS members table without waiting for any member to hand it to him personally. PS 232 Riscani, Chisinau. On the day preceding the election a woman submitted to the polling station 5 requests for the mobile ballot box voting. Since the requests belonged to different persons, the chairperson refused to register them and wrote an explanation, stating that the woman did not present any ID and did not want to answer the question about the relationship with those persons. On the referendum day the woman came early in the morning and claimed to see how many requests for the mobile ballot box were registered. The chairperson replied that no request was registered so far. In the evening this woman came together with a man and insisted on receiving information on the reasons why the voting requests were not registered. The chairperson explained the reason. The woman insulted the chairperson and left the PS; the man stayed for about 10 minutes longer and talked to one of the participants observer. According to the observer, these two persons could be Ala Ursu Antoci, PSRM councillor and Vladimir Golovatiuc, PSRM MP. PS 252 Riscani, Chisinau. The observer was preventing other observers from monitoring the ballot box due to the fact that he was staying at approximate 2 meters distance from that ballot box. At some point, when the chairperson asked to keep the distance from the ballot box, a conflictual situation broke out. PS 205 Riscani, Chisinau. A ballot paper was damaged by a voter after voting. The voter intended to leave the PS with the damaged ballot paper but he was stopped by the EOPS chairperson, who took that ballot paper and placed it in the ballot box. PS 216 Riscani, Chisinau. A voter intended to have a look on the lists of voters in order to see if there was any person with resident visa registered in her apartment. He/she was not allowed to. The Chairperson explained that this must have been done before the election had started; the voter raised some objections, which caused some tensions and, but finally left. PS 12. Botanica. A voter entered the voting booth while speaking on the phone. A member of the Commission warned him Vote Tabulation Results Comparative analysis of the vote counting preliminary data provided by Promo-LEX and the CEC The final results of the Referendum on the dismissal of Chisinau General Mayor were calculated on the basis of the protocols data, submitted by the observers to the Promo-LEX OM on the number of valid votes cast for each option. They were calculated on the basis of the data from 307 vote tabulation protocols of the PS set up for the new local referendum for the dismissal of the general mayor of 19 November 2017 submitted to the Promo-LEX OM observers and manually checked by the Mission. The members of the electoral office in two polling stations of 307 (PS 111 and PS 187) did not issue a copy of the protocol for the observers. There was found a situation when the observer made a photo of the protocol (PS 111) and another situation (PS 187) when the observer introduced the data from the protocol in the reporting form of the STO. That information was confirmed by the stamp and signature of EOPS chairperson. 13

14 It should be mentioned that the information from7 vote counting protocols 2 contains errors in the calculation of the verification formulas, but the score obtained for the each option is not affected. Option Preliminary data collected through SMS, Promo-LEX 3 Final data, Promo-LEX Preliminary data, CEC PRO dismissal 96,644 96,644 93,720 AGAINST dismissal 11,095 11,095 13,857 TOTAL 107, , ,577 Accuracy of the Vote Counting Protocols In its effort of monitoring the Referendum for the dismissal of the General Chisinau Mayor, Promo- LEX also analysed the accuracy of vote counting protocols. For this, the information from the 305 protocols that were given to Promo-LEX observers by the EOPS chairpersons was analysed. The information concerning the PS 111 was introduced on the basis of the picture transmitted by the observer while the information concerning the PS 187 on the basis of the reporting form of the Promo-LEX STO taken from the vote counting protocol prepared in this polling station. Seven protocols contain errors in at least one verification formula. The accuracy was checked by examining the formulae in the body of the protocol: c a + b; c d; d=f+h; e=c-d; f=d-h; h=g1+g2+g3+g4+ +gn; i=c+j; j=i c. The statistic results are the following: Formula c a + b c d d=f+h Number of errors in the protocols with defficiencies (on the basis of 7 protocols with errors) No errors (102 - Buiucani), (133 - Center) (107 - Buiucani), (180 - Ciocana), (199 - Ciocana) e=c-d f=d-h h=g1+g2+g3+g4+ +gn (102 - Buiucani), (133 - Center) (107 - Buiucani), (180 - Ciocana), (199 - Ciocana) No errors i=c+j (133 - Center), (149 - Center), (180 - Ciocana), (199 - Ciocana), (311 - Botanica), (311 - Buiucani) j=i c (133 - Center), (149 - Center), (180 - Ciocana), (199 - Ciocana), (273 - Botanica), (311 - Buiucani) The formula c d implies that the number of voters who were issued ballot papers (established on the basis of the signatures from the lists of voters) must be equal to or greater than the number of ballot papers taken out of the ballot boxes. Two protocols in which this formula is not correct were 2 According to the preliminary information submitted by the Mission, 8 protocols contained erroneous data. It was found that the information from a protocol (PS 273) was transmitted incorrectly by the Promo-Lex observer who indicated incorrectly the figure 30,954 instead of 3,095 in the section Number of ballot papers received by the electoral office of the polling station. 3https://promolex.md/10962-promo-lex-rezultatele-preliminare-a-numararii-paralele-a-voturilor-pentru-referendumulde-revocare-a-primarului-de-chisinau/?lang=ro 14

15 found out of 307, which means that they took out of the ballot boxes more ballot papers than they actually issued. The formula d=f+h was applied incorrectly in 3 protocols. In these cases it was not proved that the number of ballot papers taken out of the boxes coincides with the total number of invalidated and valid ballot papers. There can be doubts regarding the accuracy of valid vote tabulation, thus regarding the results obtained by the candidates. Theformulae=c-d was applied incorrectly in 2 protocols. Thus, in 2 PS the number of signatures on the lists of voters does not match the number of ballot papers in the ballot boxes. The formula f=d-h is meant to check the number of invalidated ballots by taking out of the total number of ballot papers the valid ones. This verification formula was applied incorrectly in 3 protocols. The conclusions regarding the verification of the formula d=f+h are valid. The formulai=c+j could not be applied correctly in 5 protocols, the same being true for the formula j=i c. Thus, either the unused and cancelled ballots or the signatures in the lists of voters were not counted correctly. Actually, we found that the words unused and cancelled can mislead EOPS members, as they can regard them as two separate categories. 15

16 II. NEW LOCAL ELECTIONS OF 19 NOVEMBER Polling Stations Opening and Closing According to Article 50 of the Electoral Code, on the election day voting shall take place from am to 9.00 pm. According to Article 55(1) of the Electoral Code, at 07:00 am on the election day the chairman of the electoral office of the polling station, in the presence of no less than half of the members of the office, shall check the ballot boxes and seal them. The chairperson shall also check the lists of voters, ballot papers and seals, and prepare protocol of this in two copies. Minutes shall be signed by all attending members of the electoral office; one copy is put in the ballot box, after which the chairperson declares the election open. As many as 24 Promo-LEX observers monitored the PS opening. According to the reports, Promo- LEX Observation Mission found the following: Polling stations opening: a. before 7:00 am 12.50% (3 PS); b. at 7:00 am 79.17% (19 PS); c. between 7:01 am and 7:15 am: 8.33% (2 PS). Access and free observation in the polling station: a. YES 100% (24 PS); Presence of operators at the workplace in the polling stations: c. In compliance with the provision stipulating for the presence of 2 operators 91.67% (22 PS); d. With a deviation from the required number of operators 8.33% (2 PS). Requests for voting at the place of residence registered by EOPS at the polling station opening: 450 in the 24 stations Regarding the appropriate closing of PS (9.00 pm) - 23 PS closed reportedly at 9.00 pm, whereas one PS with a little delay Incidents on the Election Day a. Involvement of EOPS members in electoral process 2 cases During their activity, EOPS members shall be neutral in terms of their political preferences, while the Office shall be responsible for the good organization of the voting. To this end, the Promo-LEX observers reported situations that do not fall within the legal provisions. PS 19/24, Fundurii Noi v., Glodeni. The observer and the person with the right to consultative vote, representing PSRM, asked and wrote down the voters first and last names. When failing to write down, he/she approached the EOPS Chairperson, who provided that information. The same was done by the observer representing PDM. PS 6/9, Berlinti v., Briceni. An EOPS member representing PSRM together with the observer representing the same party helped a senior to vote. Other EOPS members and observers did not react at all to this situation. b. Unjustified presence of unauthorized persons inside or within 50 m from the polling station - 9 cases Article 52(3) of the Electoral Code provides that the polling station shall be laid out in a way to allow the EOPS members and other authorized persons assist at the electoral operations, continuously observe all aspects of the voting process, including voter identification and issuance of ballots, voters' 16

17 placing of ballots into ballot boxes, vote tabulation and drawing up of protocols.the list of authorized persons shall include: representatives and observers of election candidates in the electoral bodies, observers accredited by the constituency councils, observers accredited by CEC and mass-media representatives. PS 19/24, Fundurii Noi v., Glodeni. Two district representatives of PDM, one of whom is Oxana Movila, a PDM activist, entered the PS and had a 10-minute discussion with EOPS members and PDM observers, the main message of which was țeverything should be okayț. An EOPS member asked them to leave the PS. They first claimed to have the right to be inside the PS, but subsequently left. They also talked to some voters within the area of 50 m outside the PS. PS 19/24, Fundurii Noi v., Glodeni. The observer saw how EOPS chairman, as well as an EOPS member together with the president of Glodeni district, Ion Leuca from PDM, entered an adjacent building, located at a distance of less than 50 meters from the PS, where they discussed for about 10 minutes. Ion Leuca arrived by a black car of KIA model, registration No RM A 139. PS 6/9, Berlinti v., Briceni. A group of 6 persons, together with the observer from PDM, had some minute discussions with voters, after they had voted, at a distance of about 10 meters from PS. After this they left by car. SV 1/270, Singera, Chisinau. During pm, the representatives of PSRM, the candidate for the position of mayor, Sergiu Brinzila, who arrived by a car of Mercedes model, with Romanian registration number and the PDM representatives, the Member of Parliament Constantin Tutu and Ghenadie Iurco, head of Chisinau State Chancellery, with the registration number GAS 257, discussed with the voters in the vicinity of the PS. When the EOPS chairperson asked them to leave, they left the area of 50 m from the PS. SV 1/272, Singera, Chisinau. During 7:00-7:15 pm, Valeriu Poiata, candidate for the position of mayor from PDM, arrived by the car of Suzuki model, registration number MHZ 939 and stayed within the area of 50 m from PS. He talked to some persons, after which he left. SV 1/272, Singera, Chisinau. During 5:20-7:20 pm, a white car of Peugeot model, with the registration number LEL 078, in which among others there was the local councilor from PSRM, Victor Cebotari, was parked within the area of 50 m from the PS. After a while, a car of Mercedes model, with Transnistrian registration number A 003, approached the car. According to STO, this car belonged to the daughter of the PSRM candidate, Sergiu Brinzila. The persons from Peugeot car got into the Mercedes, after a while they went back to their cars. SV 1/272, Singera, Chisinau. The PSRM candidate, Sergiu Brinzila, in a white Mercedes, with the registration No B 113 BOS, discussed for some minutes with the local councilor from PSRM, Victor Cebotari, who was staying in the vicinity of the PS in a white Peugeot, with the registration No LEL 078, after which he left. SV 1/272, Singera, Chisinau. Within the area of less than 50 m from the PS, Ghenadie Iurco, head of Chisinau State Chancellery was noticed, in Toyota Camry, registration No CNL 063, after a while he left the car, discussed with several persons and left. PS 6/9, Berlinti v., Briceni. Two unknown persons were present inside the PS between 2.15 and 3.00 pm. During the whole period the persons discussed with the observer from PDM. The EOPS chairperson, despite being notified by the Promo-LEX observer, did not take any measures. Other EOPS members later asked the said persons to leave the PS. c. Errors in the lists of voters 2 cases The lists of voters drafted based on the State Register of Voters are lists containing the name of all citizens having the right to vote, who are domiciled or reside in the territory of a polling station. A voter may only be included on one single list of voters and in one single polling station. The voter who has 17

18 his/her domicile and residence visa shall be registered, within the period during which the residence visa is valid, in the list of voters from the polling station in the territorial range of which the voters has his/her residence (Article 39(1) of the Electoral Code). PS 7/63, Zarnesti v., Cahul. A voter was found in Elections SAIS, but not on the main lists. He was included on the additional list. PS 6/10, Caracusenii Noi v., Briceni. 3 deceased persons (2 of whom had died in Ukraine) were included in the main lists of voters. The EOPS members and the administration, however, did not have their death certificates. One person had died in the past 14 days. d. Use, in the voting process, of ID cards that do not comply with the legal provisions - 1 case PS 20/40, Lapusna twp., Hincesti. A voter voted on the basis of a copy of his ID card, where the New Local Elections stamp was applied. Though an EOPS member intervened, the chairperson allowed, arguing that the voter was present in Elections SAIS. e. Taking a picture of the ballot papers 2 cases Point 63 of the Regulation on the activity of electoral offices of the polling station provides that: The ballot shall be filled out by the voter in a secret voting booth or room. The voter who is not able to fill the ballot in by himself/herself has the right to invite into the booth another person, with the exception of members of the electoral office, representatives of candidates, and other accredited individuals entitled to attend electoral procedures. These cases shall be recorded in the report of the electoral office of the polling station. Taking pictures of the ballot paper after having voted shall be prohibited. PS 30/11, Capriana v. Straseni. Two cases of taking pictures of the ballot papers were found; in each case the EOPS chairperson warned the voters that taking pictures was prohibited, but did not use other measures. SV 22/34, Sarateni v., Leova. A voter, being identified as the ex son-in-law of the candidate for the position of mayor from PDM, took a picture of the ballot paper; he was noticed by the EOPS chairperson, who, upon request, deleted the picture from the voter s mobile phone. The voter declared that he wanted to send the picture to his ex-wife to show her how he had voted. f. Limited access for persons with special needs 1 case PS 30/11, Capriana v. Straseni. Two persons, representatives of an association for persons with disabilities brought with about 7 beneficiaries, voters with special physical and mental needs. They helped them vote, including to apply the voted stamp on the ballot papers. The PS is not accessible for persons with disabilities. A voter in a wheelchair had to be carried up about 5 steps, by hands, because there was no ramp. g. Unjustified group voting (2 or more persons were in the voting booth) 2 cases According to Article 53(1) of the Electoral Code, each voter shall cast his/her vote personally. PS 6/9, Berlinti v., Briceni. 2 cases of group voting with spouses were found. In one case the wife applied the voted stamp on the ballot paper, claiming that her husband was drunk. h. Situations that can be qualified as material rewards or money offered to voters - 1 case On 19 November 2017, in the evening, the Promo-LEX observer noticed in Singera village, Chisinau mun., a situation when Victor Cebotari, local councilor from PSRM, driving a Peugeot, LEL 078, handed over money (apparently banknotes of MDL 20) to a voter (after receipt of money, the woman entered the PS). Once confirmed by the law enforcement bodies, this act can be interpreted as attempt or corruption of voters. The local councilor, Victor Cebotari, driving the above car during 18

19 the day, was noticed discussing with the voters leaving the PS, as well as with the candidate from PSRM, Sergiu Branzila and his daughter, at a distance less than 50 m from the polling station. The case of handing over the money was recorded. i. Others PS 20/40, Anini v., Hincesti. Ten voters with residence and domicile voted on additional lists with the authorization of EOPS members. Although, upon verification in Elections SAIS, EOPS members knew that those voters were not assigned to the subject PS, they said they had previously allowed the voters to vote in that way. They were contacted by CEC and prohibited to allow people not assigned to that PS vote. PS 6/9, Berlinti v., Briceni. A drunk voter, after he voted, cried out loudly the name of the candidate for whom he voted. EOPS members calmed him down, after which he left, without calling the police Final Vote Tabulation by Promo-LEX OM Comparative analysis of the data on parallel vote tabulation performed by Promo-LEX OM and preliminary data communicated by CEC The final results submitted by Promo-LEX OM regarding the number of valid votes cast for each electoral candidate were calculated on the basis of the data from 24 vote tabulation protocols of the PS set up for the new local elections of 19 November 2017, given to Promo-LEX OM observers and verified manually by the mission. Constituency I Candidates Final data, Promo-LEX Lapusna twp., Hincesti d. Sarateni twp., Leova d. Capriana twp., Straseni d. Ghiliceni twp., Telenesti d. Berlinti v., Briceni d. Zirnesti v., Cahul d. Plopi v., Cantemir Preliminary data, CEC Difference between Promo-LEX data/ CEC data Participation rate 24.10% 24.44% 0.34% Ion Bubuioc (PDM) 100% 100% 0 Participation rate 52.82% 52.82% 0 Vladimir Ungureanu (PDM) 51.93% 51.93% 0 Igor Prida (IC) 48.07% 48.07% 0 Participation rate 48.95% 48.95% 0 Ion Scutaru (PDM) 83.48% 83.49% 0.01% Ion Grosu (PSRM) 8.31% 8.31% 0 Afina Scutaru (IC) 8.21% 8.21% 0 Participation rate 47.80% 47.80% 0 Nicolae Rotaru (PDM) 54.66% 54.66% 0 Vera Hajdeu (IC) 30.30% 30.30% 0 Ion Hajdeu (PSRM) 15.04% 15.04% 0 Participation rate 62.74% 62.74% 0 Viorica Oleinic (PDM) 45.54% 45.54% 0 Iurii Beliciuc (PSRM) 31.19% 31.19% 0 Ghennadii Burlaca (CI) 16.65% 16.65% 0 Victor Coltiuc (PN) 6.62% 6.62% 0 Participation rate 41.23% 41.23% 0 Nicolae Beju (PDM) 88.76% 88.76% 0 Victor Pascal (PSRM) % 0 Participation rate % 0 Anatoli Todorov (PDM) 100% 100% 0 19

20 Constituency I Candidates Final data, Promo-LEX Singera t., Chisinau Stefanesti twp., Floresti d. Fundurii Noi v., Glodeni d. Preliminary data, CEC Difference between Promo-LEX data/ CEC data Participation rate 35.73% 35.73% 0 Valeriu Poiata (PDM) 36.78% 36.78% 0 Sergiu Brinzila (PSRM) 22.60% 22.60% 0 Valeriu Popa (PPEM) 20.56% 20.56% 0 Nichita Lari (PL) 10.68% 10.68% 0 Ion Duca (PN) 6.58% 6.58% 0 Igor Baciu (PNL) 2.79% 2.79% 0 Participation rate 50.02% 50.03% 0.01% Ludmila Zdragus (PDM) 78.19% 78.19% 0 Ivan Cojocari (PSRM) 21.81% 21.81% 0 Participation rate 52.22% 52.22% 0 Vasili Colenco (PDM) 61.83% 61.83% 0 Tatiana (PSRM) Ghetmancenco 38.17% 38.17% 0 Overview of Results According to Promo-LEX final results the elections are valid in 9 constituencies out of 10. In one of them Lapusna twp. (Hancesti d.), the elections can be declared invalid because less than one fourth of the persons on the voter lists voted. The analysis of the participation rate in the 9 constituencies where the elections can be declared valid showed that the voter turnout represented an average of 47.74%. The voters in Berlinti twp. (Briceni d.) were the most active 62.74%, while Sangera (Chisinau mun.) had the lowest voter turnout 35.73%. In 7 constituencies out of 9, the mayors were elected at the first round of elections. All 7 are representatives of the Democratic Party of Moldova (PDM). A second round of the elections will be held in the two communities, where the PDM and PSRM representatives will run for the position of mayor. The elections in Lapusna are to be declared invalid because of low voter turnout (less than one fourth of the voters). Thus, repeated elections will be organised within two weeks, using the same voter lists and having the same candidates (one PDM candidate) and the same councils and electoral offices. The processing of data provided by Promo-LEX observers made it possible to identify an issue, in our opinion, related to the EOPS activity in Berlinti constituency. 107 ballot papers (14%), out of 764, were issued on the basis of the list for voting at the place of location. Accuracy of the Vote Counting Protocols In its effort to monitor the new local elections, Promo-LEX OM also analyzed the accuracy of vote counting protocols. To this end, as many as 24 protocols given to the Promo-LEX observers by the EOPS chairpersons were thus examined. Promo-LEX OM found that in 23 of the 24 protocols drawn up at the new local elections the verification formulae were observed. Insignificant errors (2 votes) were found in the protocol of the PS 1/273 from Dobrogea, in the formula h=g1+g2+g3+g4+g5+g6, which raises question marks as to the accuracy of the total number of valid votes cast, including from the perspective of the votes obtained by the candidates. Also, Promo-LEX OM reiterates there is the need for EOPS members to fill in the fields in the same way (e.g. filling in all the fields). 20