No.1234-XIV of 22.09.2000
Official Monitor of the Republic of Moldova no.139–140/996 of 02.11.2000

• Article 1. The election of the President of the Republic of Moldova
• Article 2. Determining the date of the election
• Article 3. The requirements for candidates to the position of President of the Republic of Moldova
• Article 4. Appointment and competence of the special commission
• Article 5. The nomination of candidates for the position of President of the Republic of Moldova
• Article 6. Special session of the Parliament
• Article 7. Presentation of the candidates running for the position of President of the Republic of Moldova
• Article 8. The voting
• Article 9. Special provisions regarding the election of President of the Republic of Moldova
• Article 10. Repeat elections
• Article 11. Election results
• Article 12. Validation of the results of electing the President of the Republic of Moldova
• Article 13. New elections
• Article 14. Taking the oath

The Parliament adopts this organic law.

Article 1. The election of the President of the Republic of Moldova

(1)The President of the Republic of Moldova shall be elected by secret vote by the Parliament.

(2) Parliament of the same legislature shall elect the President of the Republic of Moldova only once, except for cases of resignation, ousting, impossibility to exercise the function, or decease.

Article 2. Determining the date of the election

(1) The election for the position of President of the Republic of Moldova shall be conducted no latter than 45 days before the end of the acting President’s mandate.

(2) In the event of the vacancy in the position of the President of the Republic of Moldova due to resignation, dismissal, full incapacity to exercise competence or death, elections shall be conducted within two months of the day when the vacancy has occurred.

(3) The date of the election for the position of President of the Republic of Moldova shall be determined by a Parliament resolution.

Article 3. The requirements for candidates to the position of President of the Republic of Moldova

Any Moldovan citizen entitled to vote who is 40 years of age, has resided or resides permanently on the territory of the Republic of Moldova for not less than 10 years, speaks the state language and satisfies requirements of this law may run for the position of President of the Republic of Moldova.

Article 4. Appointment and competence of the special commission

(1) At the suggestion of parliamentary factions, Parliament shall establish a special commission for the election to the position of President of the Republic of Moldova (hereinafter special commission) which shall have the following competence:

1. to receive applications for nominating candidates for the position of President of the Republic of Moldova;
2. to verify the correspondence of candidates nominated for the position of President of the Republic of Moldova with the requirements set forth in Article 3 thereof;
3. to distribute to the members of Parliament the list of candidates nominated for the position of President of the Republic of Moldova and the copies of papers submitted for each candidate;
4. to establish and modify the model of the voting ballot;
5. to organize and hold the voting for the position of President of the Republic of Moldova;
6. to tabulate election results and declare invalid ballots which:
   • are not signed and stamped;
   • intention of the voter is not clear;
   • a line is crossed on all the candidates;
   • have other names added on it;
7. to solve disputes and litigation arisen during the voting;
8. to submit the results of the voting for the Parliament approval;
9. to exercise other functions, in compliance with the provisions of this law, legislation in force and its regulation.

(2) Members of the special commission shall elect the chairman and secretary, determine their competence and approve regulation for the commission activity.

(3) Sessions of the special commission are deliberative provided half of the members are present and the decisions are passed with the majority vote of commission members. Decisions and protocols are signed by chairman and secretary of the commission and the stamp with the seal of the Parliament of the Republic of Moldova is applied on them.

Article 5. The nomination of candidates for the position of President of the Republic of Moldova

(1) The candidate for the position of President of the Republic of Moldova may be nominated commencing the day elections are determined by:

1. person designating him/herself supported by not less than 15 deputies;
2. a group of at least 15 deputies;

(2) Applications for nominating candidates for the position of President of the Republic of Moldova shall be signed by all the deputies who support it, and will be submitted to the special commission not later than 5 days before the election day together with:

1. a written consent by the nominated candidate and his health certificate issued by the designated medical institution;
2. declaration on all candidate’s incomes for the year preceding and the election year;
3. biographical data of the candidate (CV).

(3) The deputies who sign one application for nominating a candidate for the position of President of the Republic of Moldova may not sign other such applications.

(4) It is prohibited to withdraw signatures from the application for nominating a candidate to the position of the President of the Republic of Moldova.

(5) Candidate for the position of the President of the Republic of Moldova may any time before the announcement of the vote withdraw his candidature.

Article 6. Special session of the Parliament

The President of the Republic of Moldova shall be elected at a special session of the Parliament on the day established according to Article 2.

Article 7. Presentation of the candidates running for the position of President of the Republic of Moldova

(1) The chairperson of the special committee or one of its members shall introduce to Parliament the candidates nominated for the position of the President of the Republic of Moldova.

(2) Each nominated candidate shall be entitled to deliver a brief speech to the Parliament and to answer deputies’ questions.

(3) A representative of the MP group that nominated a candidate for the position of President of the Republic of Moldova shall be entitled to take the floor to support the nominated candidate.

Article 8. The voting

(1) The voting for the candidates for the position of President of the Republic of Moldova shall be secret.

(2) The candidates shall be included in the ballot paper in the order of their nomination.

(3) Each deputy shall be issued a ballot.

(4) Deputies shall vote by striking through the names of the candidates against whom they vote.

(5) Immediately after the voting, the special commission shall compile a protocol to include:

1. total number of deputies who were issued ballots;
2. total number of ballots cast into the ballot box;
3. total number of votes cast for each candidate;
4. total number of ballots declared invalid;
5. other necessary data.

Article 9. Special provisions regarding the election of President of the Republic of Moldova

(1) Candidate is elected by the vote of 3/5 of the elected deputies. If none of the candidates is cast the required number of votes, then a second-round election shall be organized within three days between the two candidates who received the highest number of votes in the first round.

(2) If only one candidate runs in the first round of elections or none of the candidates is cast the required number of votes during the second round, then repeat elections shall be organized.

(3) Upon parity vote in the first round, the special commission shall at lots decide the candidates who will run in the second round.

Article 10. Repeat elections

(1) Repeat elections shall be conducted within 15 days of the ordinary election that failed to elect the President of the Republic of Moldova, according to this law.

(2) If the repeat elections fail to elect the President of the republic, then the incumbent President shall dissolve the Parliament and establish the date of parliamentary elections.

Article 11. Election results

(1) The special commission shall tabulate the election results and submit the relevant information to the Parliament.

(2) Based on the data submitted by the special commission, Parliament shall pass a resolution to confirm that the President of the Republic of Moldova is elected.

(3) Parliament resolution and documents of the special commission shall be immediately submitted to Constitutional Court.

Article 12. Validation of the results of electing the President of the Republic of Moldova

Within three days of receiving the Parliament resolution on the election of President of the Republic of Moldova, the Constitutional Court shall consider the constitutionality of the elections of President of the Republic of Moldova during a public session and shall issue a resolution on validation of election results that shall be immediately published.

Article 13. New elections

In the event Constitutional Court does not validate election results for the position of the President of the Republic of Moldova, new elections shall be conducted in compliance with the procedure established by this law within three days of the relevant decision.

Article 14. Taking the oath

(1) The candidate whose election has been validated by the Constitutional Court, shall, in the presence of Parliament and the Constitutional Court, and within the time period stipulated in Article 79, paragraph (2) of the Constitution, take the following oath:

“I swear that I will devote all my power and knowledge to secure the welfare of the Republic of Moldova, to observe the Constitution and the laws of the country, to protect democracy, fundamental human rights and freedoms as well as the sovereignty, independence, unity and territorial integrity of Moldova.”

(2) The effective exercise of the mandate of the President of the Republic of Moldova shall commence on the day of taking the oath.

Chairman of the Parliament
Dumitru Diacov

Chisinau, 22 September 2000
No.1234-XIV.