Observation of the presidential election (20 October and 3 November 2024) and constitutional referendum (20 October 2024) in the Republic of Moldova
Election observation report
| Doc. 16074
| 22 November 2024
1 Introduction
1. On 16 May 2024, the Parliament
of the Republic of Moldova
Note announced
the holding of the presidential election simultaneously with a constitutional
referendum that aimed to affirm the country’s European path and integrate
the European Union (EU)
acquis into
the domestic legal system. On 29 May, the President of the Central
Election Commission (CEC) invited the Parliamentary Assembly (PACE)
to observe both the presidential election and the constitutional
referendum.
2. On 27 May 2024, the PACE Bureau decided to set up an ad hoc
committee composed of 20 members appointed by all political groups,
plus the two co-rapporteurs of the Committee on the Honouring of
Obligations and Commitments by Member States of the Council of Europe
(Monitoring Committee), to observe the 20 October presidential election
and constitutional referendum in the Republic of Moldova. It appointed Ms Thórhildur
Sunna Æevarsdóttir (Iceland, SOC) as Chairperson of the ad hoc committee
(“head of delegation”) and authorised a pre-electoral mission to
be carried out a month ahead of the election. The list of members
of the PACE delegation is set out in Appendix 1.
3. The Republic of Moldova joined the Council of Europe on 27
June 1995 and since then has been under the PACE monitoring procedure,
which commits the authorities to invite the Assembly to observe
national elections and referendums. PACE has observed elections
in Moldova since 1994 (with one exception – the 2020 presidential
election because of the health pandemic). For thirty years, the
Assembly has been committed to supporting Moldova’s democratic development.
4. In line with the co-operation agreement signed between the
Assembly and the European Commission for Democracy through Law (Venice
Commission) on 4 October 2004, Ms Veronika Bílková (Czechia) represented
the Venice Commission as a legal expert at both rounds of the presidential
election and the constitutional referendum.
5. The pre-electoral delegation visited Chisinau on 17-18 September
2024. At the end of the two-day mission (see programme in Appendix
2), it concluded that Moldova stood at a critical crossroads ahead
of the presidential election and the simultaneous constitutional
referendum. While recognising positive steps like the 2022 Electoral
Code reforms, the increase in polling stations abroad, and the introduction
of partial postal voting, members expressed concern over mounting
geopolitical pressures – specifically Kremlin-backed disinformation,
illicit financing, and alleged vote-buying – that threaten the country's
sovereignty and election integrity. The delegation urged the Moldovan
Government and the CEC to raise public awareness about these threats
without stifling free speech or open political competition. It stressed
the importance of engaging voters, ensuring public officials remain
neutral, and maintaining the integrity of the CEC during this pivotal
period (see the complete statement in Appendix 3).
6. Due to the impossibility for Ms Æevarsdóttir to be present
for the main election observation mission because of domestic developments
in her country, the Bureau appointed me on 15 October 2024 to replace her
as chairperson of the ad hoc committee. Due to prior commitments,
I had to renounce my participation in the presidential runoff on
3 November. My colleague, Mr Jone Blikra (Norway, SOC), replaced
me as head of delegation for this second round. This report thereby
combines the observations made by the PACE delegation under three
different heads.
7. During the two rounds of the presidential election on 20 October
and 3 November, and the constitutional referendum on 20 October,
the PACE delegation worked as part of an International Election
Observation Mission (IEOM) alongside delegations from the Parliamentary
Assembly of the Organization for Security and Co-operation in Europe
(OSCE PA), the European Parliament (EP), and the election observation
mission of the OSCE’s Office for Democratic Institutions and Human
Rights (ODIHR). The programmes of the meetings for both rounds are
detailed in Appendices 4 and 5, respectively. On both occasions,
our heads of delegation participated in the drafting of the joint
statement of preliminary findings and conclusions which were presented at
press conferences on 21 October and 4 November 2024.
Note
8. The PACE delegation extends its appreciation to the Moldovan
authorities for their invitation and assistance, as well as to all
interlocutors and international partners for their effective co-operation.
The delegation also acknowledges the support of the Council of Europe
Office in Chisinau for facilitating the organisation of the three
visits conducted by the election observation mission.
2 Political landscape between the 2020
and 2024 presidential elections
9. Following the election in October
2020 of Ms Maia Sandu – the first female president – with 57.7%
of the vote, Moldova has shifted decisively toward pro-European
governance after years of political turbulence. Prime Minister Ion
Chicu resigned in December 2020, and the Socialist-dominated parliament
obstructed the new president's attempts to appoint a new prime minister,
leading to a power struggle. In April 2021, President Sandu dissolved
the parliament, after the Constitutional Court had ended a Covid-19
state of emergency, which led to snap elections in July 2021. Her
Party of Action and Solidarity (PAS) won a safe majority (52,8%), enabling
a pro-European government led by Prime Minister Natalia Gavrilița
to form a stable government,
Note thus ending
the political impasse.
10. Following the launch of the full-scale war of aggression of
the Russian Federation against Ukraine, President Sandu prioritised
full European Union membership. After applying in March 2022, Moldova
was granted candidate status by June 2022. Accession negotiations
began in December 2023, with plans for membership by 2030. During
an annual public address on 28 December 2023, the President requested
the parliament to initiate a referendum on constitutional amendments
on the irreversibility of Moldova’s EU path. After the favourable
assessment of the constitutionality of the proposed amendments by
the Constitutional Court, a parliamentary majority approved the
decree on the constitutional referendum, scheduling it to be held simultaneously
with the presidential election on 20 October 2024.
11. Central to EU integration has been combating corruption.
Note In
June 2021, President Sandu established the Anticorruption Independent
Consultative Committee, leading to high-profile prosecutions, including
the suspension of Prosecutor General Alexandru Stoianoglo and the
arrest of former President Igor Dodon.
12. Russia's invasion of Ukraine in February 2022 posed severe
challenges, disrupting Moldova's economy due to reliance on Russian
oil and gas, causing inflation and sharp economic decline. The European
Bank for Reconstruction and Development provided €2 billion in aid
to the country, which helped Moldova to transit quickly to non-Russian
energy sources, with the Prime Minister declaring that the country
had weaned itself off Russian gas by mid-2023. Moldova’s handling
of the Ukrainian refugee crisis has been praised internationally. Over
780 000 Ukrainian refugees have entered Moldova since the Russian
invasion, with around 107 000 choosing to stay. Despite being one
of Europe’s poorest countries, Moldova has managed to accommodate
a substantial number of refugees, thanks in part to civic initiatives
like Moldovans for Peace.
13. From the outset of Russia’s full-scale war of aggression against
Ukraine, Moldova faced sustained Russian cyberattacks and heightened
tensions over the Transnistrian region of the Republic of Moldova (hereafter
“Transnistria”), where unauthorised Russian military manoeuvres
increased fears of conflict in the months that followed. In response
to the Russian war of aggression and attempts to undermine national security
and stability, authorities declared a new state of emergency, which
lasted until the end of 2023.
14. In parallel, Moldova faced significant internal challenges
from pro-Russian political forces. In June 2023, the Şor Party,
led by fugitive oligarch Ilan Şor,
Note was
banned for attempting to destabilise the constitutional order. To
circumvent the ban, Şor established new political formations that
organised protests and allegedly engaged in vote-buying to influence
the local elections on 5 November 2023. During the summer 2023,
the Moldovan Parliament amended laws to prohibit members of unconstitutional
parties from running for office. However, on 3 October 2023, the
Constitutional Court ruled these amendments unconstitutional due
to their overly broad nature and lack of safeguards. The Venice
Commission also criticised these amendments for imposing excessive
restrictions without proper judicial review.
Note
15. Following these developments, the Commission for Exceptional
Situations banned certain individuals from local elections shortly
before the candidate registration deadline, limiting their ability
to appeal. The Venice Commission and OSCE ODIHR criticised these
actions as violations of European standards. In March 2024, the
European Court of Human Rights accepted the Şor Party's appeal against
its ban, and Moldova's Constitutional Court declared the banning
of individuals associated with the party unconstitutional due to
vague legislation.
16. On 21 April 2024, Ilan Şor and associates, including Gagauzia's
new Bashkan (Governor) Evghenia Gutul, founded the “Victorie – Pobeda”
electoral bloc in Moscow. In August, the CEC refused to register
this bloc, citing irregularities – a decision upheld by the courts.
The CEC also refused to register initiative groups affiliated with
the “Revival” Party and the “Chance” Party, both part of the “Victorie-Pobeda”
bloc; these refusals were upheld by the Chisinau Court of Appeal
and the Supreme Court of Justice.
17. Throughout these events, especially during the November 2023
local elections and after the announcement of the constitutional
referendum on EU accession, the Kremlin intensified its hybrid interference to
maximise its influence on the elections and to sow chaos and division
within an already polarised society. This included disinformation
campaigns, malign financing, election interference, and cyberattacks.
Its three-pronged strategy has involved traditional pro-Russian
parties with Soviet nostalgia opposing the EU, Şor-affiliated parties
promoting alignment with the East, and some politicians posing as
pro-Europeans to attract centrist voters.
18. Amid external pressures and internal political divisions,
the PAS government has also faced growing public dissatisfaction,
mainly due to high inflation and soaring energy and gas prices but
also because of slow progress in PAS's flagship judicial reforms
– particularly the vetting of judges and prosecutors. This has tarnished
the party's image, exacerbated by pushback from within the judiciary
against anti-corruption efforts. Administrative disruptions occurred;
from 2022 until May 2024, there was only an ‘acting prosecutor general’ until
President Sandu appointed Ion Munteanu on 31 May 2024. The National
Integrity Authority worked slower than expected, having vetted only
the members of the Superior Council of Magistracy and Superior Council
of Prosecutors, with about 250 key positions still awaiting vetting
in October 2024.
19. The new judicial map adopted on 31 May 2024, which reorganises
appeals courts into Central, Northern, and Southern regions, also
faced criticism, notably by the Bashkan of Gagauzia, who challenged
this reorganisation before the Constitutional Court, arguing that
it violates Gagauzia's judicial autonomy as guaranteed by the Moldovan
Constitution. These issues aggravated tensions between on the one
hand, the government’s anti-corruption initiatives and the existing
judicial structures and on the other hand, and public discontent
over the government’s failures to bring corrupt politicians and
oligarchs to justice.
20. Furthermore, the prospects of a constitutional referendum
faced significant challenges stemming from Moldova’s deeply polarised
society. Largely perceived as assisting the re-election of President
Sandu, the risks of a large-scale boycott by the opposition were
high. At least one-third of registered voters needed to participate for
the referendum to be valid, and previous referendums had suffered
from low engagement.
Note Pro-Russian opposition
groups, notably led by Şor and his “Pobeda” coalition, actively
sought to undermine the referendum by encouraging boycotts and leveraging
strong support in regions like Gagauzia, Bălți, and Orhei. Additionally, sustained
disinformation campaigns, propagated by Russian narratives, spread
scepticism about European Union integration and aimed to reduce
voter enthusiasm. Closer to the referendum date, the opponents understood
that, with Maia Sandu standing at 36% in the polls, the boycott
tactics would not stop the referendum, and they turned to propagating
a “no” vote.
21. This presidential election and referendum being the first
to be held after Moldova’s EU candidacy status and the opening of
accession negotiations, the stakes for the constitutional referendum
to succeed were particularly high: a failed referendum would have
undermined President Sandu's pro-European government, weakened Moldova's
path toward EU accession, and empowered anti-EU factions in the
upcoming 2025 parliamentary elections, thereby influencing the country's
geopolitical direction for years to come.
22. Although the official electoral period for this presidential
election and constitutional referendum began on 22 July 2024 and
the campaign on 20 September 2024, Moldova has effectively been
in a “super election cycle” since the local elections of November
2023. The current presidential election has been therefore seen by
many as a dress rehearsal for the upcoming parliamentary elections
in 2025, which will be pivotal in determining Moldova’s domestic
political direction as a parliamentary republic.
3 Key findings of the PACE delegation
23. The pre-electoral mission took
place one month before the scheduled election and referendum day,
a couple of days prior to the official commencement of the electoral
campaign. The delegation met a diverse range of stakeholders, including
with the incumbent president and eight other presidential candidates,
offering direct insights into the positions and priorities of those
contending for the presidency. The delegation also conferred with
high-ranking government officials, including the Deputy Prime Minister
for European Integration and the Speaker of Parliament, key institutional
bodies such as the Central Election Commission, the National Integrity
Agency, and the Audiovisual Council, and representatives from civil
society and the media, the ODIHR Head of Mission and core team,
and members of the Moldovan delegation to the PACE. It identified
a number of key issues impacting this electoral process, which were
followed up by the two main observation missions on the two election
days.
3.1 Legal framework
24. The adoption of a new Electoral
Code in December 2022, effective from January 2023, introduced significant
improvements and modernised the electoral process. The revised code
enhanced transparency in campaign financing and increased media
access for all electoral contestants. It addressed long-standing recommendations,
such as allowing voters to support more than one candidate, revising
the nomination process for CEC members to enhance impartiality,
strengthening the CEC's oversight of political parties and campaign
financing, and clarifying legal appeal procedures.
25. The Council of Europe and OSCE/ODIHR welcomed these changes
in 2022, noting that many of their prior recommendations were fully
or partially implemented.
Note Notably, the Electoral Code was adopted
after a comprehensive consultation process led by the CEC, involving
election stakeholders and civil society organisations, though it
lacked participation from the parliamentary opposition.
26. Despite these advancements, several interlocutors pointed
out that the 2022 Electoral Code had been reviewed eight times since
coming into force, including shortly before the opening of this
electoral period. Amendments included changes to election and referendum
dates, bans on previously suspended political parties from participating,
the introduction of partial postal voting from abroad in selected
countries, provisions for simultaneous elections and referendums,
and new rules for campaign conduct, financing, and scheduling of
the second election round. These amendments were adopted without
cross-party support or public consultation.
27. Several issues remain unaddressed, such as the accuracy of
the voter register, the right to vote of people with intellectual
and psychological disabilities, restrictive eligibility requirements
for presidential candidates, the political balance in the CEC’s
composition, lack of regulation on two-day voting, and unclear criteria
for establishing polling stations abroad. Also, the application
of general campaign regulations to the short second round period
resulted in conflicting provisions and ambiguities. For instance,
the start of the second round of campaigning is not aligned with
the deadlines for the tabulation of results and the adjudication of
disputes, which undermines the effectiveness of legal remedies and
limits campaign opportunities. Also, the law does not explicitly
regulate campaign finance for the second round.
28. Most interlocutors appreciated the increase in polling stations
abroad (231) and the new partial postal voting initiative involving
6 countries at this first pilot stage.
Note However, the reduction of
polling stations in the Russian Federation, Israel, and Ukraine
for security reasons, caused concerns. Opposition politicians questioned
the selection of countries for postal voting, accusing authorities
of choosing those with high support for the incumbent president.
Civil society organisations like Promo-LEX and the
Venice
Commission recommend making postal voting permanent and expanding
it to all safe and reliable countries.
Note
29. The simultaneous holding of the referendum and presidential
election required rapid legislative adjustments. Although international
standards do not prohibit holding the two simultaneously,
Note doing so hastily
and without adjusting campaign regulations created an uneven playing
field for presidential candidates. The absence of rules requiring
public authorities to remain neutral, and insufficient regulations
on their involvement do not provide adequate safeguards against
the misuse of administrative resources during the campaign. Several
interlocutors also emphasised the need for legislation to mandate
the dissemination of objective information on both referendum options,
clearly explain the consequences of a “yes” or “no” vote and present
a clear referendum question to enable informed choices.
30. Overall, all stakeholders agreed that the legal electoral
framework is adequate to ensure the conduct of democratic elections.
Regardless of the various legislative changes made during a period
of less than a year, the latter contributed to improving the electoral
process. The remaining ambiguities and legal lacunae need to be
addressed rapidly, where necessary even before the 2025 parliamentary
elections.
3.2 Institutional framework
31. The delegation received generally
positive feedback on the work of the Central Election Commission before
and during Election Day. The CEC made significant efforts to ensure
the independence and impartiality of the electoral process, making
every stage public and accessible, which enhanced transparency.
Decisions were adopted impartially and collegially, with draft decisions
openly discussed during streamlined sessions that included input
from candidates, referendum participants, and public institutions
involved in election preparations. However, we were told that the
minutes of the sessions were sometimes delayed, and not all documents
that the CEC received were published on its website, affecting transparency.
Overall, the election administration enjoyed the trust of interlocutors.
32. The 2022 Electoral Code professionalised the district electoral
councils (DECs) management, a decision that effectively contributed
to combating illegal financing of electoral competitors. All 37
DECs were well-equipped and professional, and the permanent appointment
of DEC chairpersons improved the efficiency of election preparations.
33. However, some downsides were also noted in the functioning
of the CEC: for instance, the CEC did not systematically publish
all complaints received – primarily those alleging misuse of office
or administrative resources – which limited transparency. Furthermore,
when handling complaints about campaign violations, neither the
CEC, the police, nor the Anticorruption Prosecutor’s Office provided
public information on how most allegations – such as misuse of administrative
resources by the government and other campaign violations, allegedly
committed by PAS, were resolved.
34. Several interlocutors of PACE and the IEOM expressed concerns
about the imbalanced composition of the CEC. Appointed in 2021,
the permanent CEC consists of nine members: one nominated by the
president and eight by parliamentary factions proportional to their
representation. Currently, this results in one member nominated
by the president, five by the parliamentary majority, and three
by the opposition, giving the ruling party a significant advantage.
Considering this longstanding political imbalance, the delegation
urged the CEC to maintain its integrity, particularly in handling
the complex registration process and ensuring a level playing field.
35. The 2022 Electoral Code foresees the establishment of a more
impartial CEC; however, this change will not take effect until 2026,
after the 2025 parliamentary elections. Meanwhile, given the politically
polarised context, authorities need to find a workable solution
– possibly through introducing interim measures that include a more
inclusive component – in order to increase the opposition's trust
in the politically neutral and balanced functioning of the CEC.
3.3 Registration of voters and candidates
36. All citizens aged 18 or older
can vote, unless a court revokes this right due to intellectual
or psychosocial disabilities, a practice that conflicts with international
standards. Voter registration is passive and centralised. As of
2 October 2024, the State Voter Register (SVR) listed 3 302 142
voters. This included 284 755 without a registered address, 274 475
residing in Transnistria, and 20 896 pre-registered to vote abroad
(including 1 809 for postal voting). These voters were not on printed
lists but could be added on election day.
37. Despite an estimated diaspora of 1.1 million, only 117 326
citizens are officially registered abroad; therefore, many remain
on domestic voter lists, which does not allow efficient planning
of voting from abroad. Some stakeholders question the SVR's accuracy
regarding deceased citizens abroad or in Transnistria, as removals
depend on family notifications. However, none of our interlocutors
considered the magnitude of this issue to be significant enough
to question the integrity of the SVR. Voters were generally provided
with a wide range of opportunities to check and correct inaccuracies
in the voter list, although several stakeholders noted that the
precinct electoral bureaus (PEBs) were not open for voters to amend
the lists or to request mobile voting, especially for the second
round of the presidential election.
38. To run for State presidency, candidates must be at least 40
years old, have lived in Moldova for at least 10 years, be proficient
in Romanian, and, per the 2022 Electoral Code, hold a higher education
degree – a requirement viewed as discriminatory and against international
standards.
Note The lengthy residency requirement
and unregulated language proficiency checks may also lead to discrimination.
39. Candidates can be nominated by political parties, electoral
blocs, or voter groups (for independents). Registration involves
two steps: the CEC registered 13 initiative groups from 18 applications
between 21 and 31 August 2024. These groups had to collect 15 000–25 000
signatures by 20 September 2024. Twelve groups submitted nominations;
11 candidates (seven men and four women) were registered, offering
voters a choice. One candidature was rejected for insufficient valid
signatures.
40. The 2022 Electoral Code allows voters to support multiple
candidates, requires signature collection for party-nominated candidates,
and clarifies nomination rules, addressing previous recommendations.
However, the lack of legal criteria to define independent candidates
raised concerns about potential arbitrary decisions.
41. For the referendum, only political parties and blocs can register
as participants, excluding citizens and civil society organisations
– a restrictive provision that was criticised by several civil society
and media representatives.
42. Within the deadline, 19 political parties and electoral blocs
applied to register as referendum contestants. Of these, the CEC
registered 16. Subsequently, on 14 September 2024 the CEC decided
to deregister the «Chance» party after the Court of Appeals of Balti
decided to limit this party’s activity for a period of three months
due to violations related to financial obligations, making it ineligible
to participate in the referendum. After the de-registration of the
«Chance» party, the total number of referendum contestants was reduced
to 15. The right to campaign for referendum is granted only within
the scope of two offered options, “yes” or “no”. Two parties registered
for a “no” campaign, the rest for a “yes”.
3.4 Electoral campaign and foreign interference
43. The electoral campaign generally
respected fundamental freedoms of expression, assembly, and association.
Candidates campaigned freely, providing voters with a genuine choice among political
options. However, certain issues affected the level playing field
and the integrity of the process.
44. Some PACE interlocutors raised concern over the overlap between
the campaign start date and the ongoing candidate registration process.
Candidates needed to present a requested number of signatures (15 000-25 000)
by 20 September 2024 after which the CEC had seven days to verify
the signatures. Four of the 13 initially registered candidates,
who had submitted their signatures early, could begin campaigning
on 20 September, while others who submitted signatures later could
only start later, the last one as late as 29 September. This discrepancy
challenged the principle of equal opportunity and contravened the
Code of Good Practice in Electoral Matters. Individual candidates
also experienced delays with opening bank accounts as this could
only be done once they were registered, which delayed their campaigning.
45. The campaign itself was calm and low-key, especially regarding
the constitutional referendum. Some campaign rhetoric raised concerns.
Certain candidates resorted to personal insults, anti-LGBTI messages,
and there were credible reports of religious figures participating
in the campaign, violating the separation of church and State. The
tone became more negative in the second round, with some supporters
using hate speech and divisive messages along political and identity
lines. Xenophobic remarks against one candidate, though swiftly condemned
by the other candidate, remained a concern. Propaganda materials
and messages aimed at discrediting both Maia Sandu and Alexandr
Stoianoglu were distributed through fliers, videos and vandalised posters.
46. Debates were organised but these were undermined by the reluctance
of some candidates to participate, limiting voters' ability to make
fully informed choices. Candidates focused mainly
on economic and social issues. Despite the referendum centring on
foreign policy and geopolitical orientations, these topics were not
central in the two rounds of the presidential campaign. The incumbent
frequently highlighted the European Union's financial aid and its
impact on infrastructure projects.
47. The unprecedented scale of foreign interference and disinformation,
predominantly on behalf of the Russian Federation, had a heavy footprint
on the campaign. Interlocutors reported evidence of illegal financing of
electoral campaigns, illicit monetary offers to voters and disinformation
campaigns, aimed at influencing the electoral behaviour of citizens.
Law enforcement estimated that the number of individuals involved
in various corruption schemes might have exceeded 300 000 and the
sums allocated for electoral corruption might have totalled hundreds
of millions of dollars. Allegations of direct foreign support for
certain candidates and parties were made by the authorities, but
the latter did not disclose involved parties or take pre-election
measures.
48. In addition, unregistered third parties actively engaged in
campaigning without formal regulation, promoting messages related
to both the referendum and the presidential campaign. The absence
of legal provisions regulating third-party campaigning posed risks
of illicit funds entering politics and challenged institutional
capacity to address these activities. The network associated with
Ilan Şor, including the Victory bloc and Renastere party, had the
highest number of violations related to prohibited campaigning,
aiming to undermine election integrity through massive vote-buying
schemes under investigation.
49. Disinformation campaigns and voter influence targeted particularly
the constitutional referendum, with the aim to sway the country
from its path of European integration and strengthening of democratic
institutions. The repercussions of such a sustained attack on democratic
values and institutions raise serious concerns for the future.
50. At the same time, the timing of the announcement of a €1.8 billion
financial package from European partners ten days before the election
and the imposing of EU sanctions on the Baskan of Gagauzia and several high-level
officials of the autonomous region, also received criticism as potentially
influencing voters.
51. Investigations into foreign interference and vote-buying intensified
before the runoff election on 3 November 2024, resulting in detentions,
searches, seizures, and fines. While the efforts of the police,
the National Anticorruption Center, and other authorities in addressing
illicit financing and voter corruption are commendable, it is unfortunate
that preventive measures were not updated in time, and interventions
were insufficient relative to the scale of the problem. Since foreign
interference is likely to persist or even intensify ahead of the
2025 parliamentary elections, a more structured approach is necessary
to combat these issues and mitigate their long-term negative consequences.
52. The misuse of administrative resources in the electoral process
is another significant concern expressed by our interlocutors. While
candidates are barred from using such resources, high-ranking officials
like the President, Prime Minister, and Speaker of Parliament are
exempt from suspending their duties when actively campaigning. These
officials participated in institutional events during the campaign,
raising concerns about tilting the playing field in favour of the
ruling party. Although not prohibited by law, this lack of neutrality
and insufficient regulations contributed to the perception of an
uneven playing field.
53. The government's role in the referendum campaign in particular
drew criticism. Our interlocutors complained that the government
conducted a large public campaign highlighting the benefits of EU membership
without providing objective explanations of the referendum options,
thereby blurring lines between governmental functions and party
activities. The CEC faced difficulties in adjudicating complaints
regarding the misuse of administrative resources, indicating a lack
of clarity in the regulatory framework. Instances of misuse were
observed but often not officially reported.
54. In summary, while fundamental freedoms were respected and
voters had a range of choices, issues like unequal campaigning opportunities,
misuse of administrative resources, foreign interference, and unregulated third-party
activities affected the fairness and integrity of the electoral
process. Addressing these concerns is essential to strengthen democratic
practices and public trust in future elections.
3.5 Media landscape
55. Moldova's media landscape has
experienced significant changes. Conditions for media operations without
interference have generally improved, as reported by many civil
society and media representatives. During the campaign, radio and
television coverage was tightly regulated to ensure fairness, accuracy,
and impartiality. The Audiovisual Council actively monitored media
coverage, sanctioned outlets that violated rules, and addressed
complaints promptly. While some broadcasters made efforts to provide
balanced coverage, media monitoring revealed significant disparities.
56. In the first round, the incumbent president received the most
coverage across all monitored TV channels, both in her official
capacity and as a candidate, often without a clear distinction between
the two roles. This, coupled with extensive uncritical coverage
by the public broadcaster and a pro-EU bias in some private media, contributed
to an uneven playing field. The regional public broadcaster Gagauziya
Radio Television was noted for disseminating false narratives about
the referendum and certain candidates. Moreover, the lack of genuine electoral
debates – partly due to candidates' reluctance to participate –
limited the public's ability to make fully informed choices.
57. In the second round, the ODIHR-monitored media outlets devoted
equal amounts of airtime to both candidates, however the tone of
coverage differed in favour of President Sandu. She was covered
almost exclusively positively or neutrally, whereas the media covered
Mr Stoianoglo’s candidacy more critically.
58. The shift from traditional television to online and social
media as primary information sources complicated the media environment.
While internet penetration and mobile usage facilitate access to information,
they also make it easier for disinformation to spread unchecked.
Although authorities and social media companies (Meta, X) took some
measures to contain disinformation, disinformation and manipulative content
remained widespread. Numerous portals and social media channels,
especially on Telegram, were reportedly controlled by Ilan Şor and
pro-Kremlin entities. These platforms spread fake news and negative narratives
about the European Union and Moldova's prospects for European integration,
aiming to manipulate voters and undermine democratic institutions.
On 10 October 2024, authorities blocked 15 channels and 95 Telegram
chatbots linked to Şor, citing their use in facilitating illegal
political financing and vote-buying schemes. However, the absence
of comprehensive regulations for the online environment allowed unregistered
third parties to continue influencing the electoral process.
59. The government implemented measures to address national security
threats stemming from foreign interference and undue influence by
political figures. These included restricting the rebroadcasting
of certain audiovisual outlets and blocking websites involved in
spreading disinformation, particularly following Russia's invasion
of Ukraine in 2022. While these steps were seen by many as necessary
to protect national security and social cohesion, they also resulted
in a reduced space for expressing
a plurality of opinions and scrutinising government actions.
60. The role of investigative journalists became crucial in exposing
illegal party and campaign financing schemes. However, publishing
information on personal data created an issue. On 25 October 2024,
following news articles about vote-buying investigations, some media
outlets published the names of approximately 3 800 individuals allegedly
involved in a large-scale vote-buying scheme linked to Ilan Şor.
This action raised concerns that releasing such personal data without
thorough verification and based on anonymous sources breached journalistic
standards, violated the presumption of innocence, and could endanger
the privacy and safety of these citizens, especially in the current
polarised political climate.
61. Overall, while voters had access to sufficient information,
the media environment faced challenges that affected the fairness
and inclusivity of the electoral process.
3.6 Campaign financing
62. The legal framework for campaign
financing in Moldova largely aligns with recommendations from the Venice
Commission and Group of States against Corruption (GRECO), even
if weekly reporting requirements were considered burdensome by several
stakeholders. The CEC generally managed to efficiently process electoral
contestants’ campaign finance reports, but delays in their publication
may have hampered the ability of voters to make an informed choice,
especially ahead of the second round of the presidential election.
63. All campaign-related transactions are mandated to be made
to and from the designated bank accounts of initiative groups. This
favours party-nominated candidates, as political parties are allowed
to open these accounts before registration, while independent candidates
must wait until after registration. This disparity, coupled with
administrative obstacles in opening accounts and obtaining fiscal
identification numbers, caused delays for several contestants and
hindered the timely start of their campaigns.
64. Many observers also raised alarms about “shadow funding” in
electoral campaigns, particularly from foreign sources. These illicit
funds often enter the system as cash, prepaid cards, cryptocurrencies,
or electronic transfers. Moldovan authorities admit they currently
lack the capacity and resources to effectively combat and prevent
these illegal activities.
65. Civil society organisations, such as PromoLex, pointed to
some candidates underreporting their campaign expenditures, raising
concerns about transparency and accountability. Additionally, many contestants
in the constitutional referendum declared no income or expenses
in their official campaign finance reports. Observers questioned
the purpose of their participation if they engaged in no financial
activity, suggesting possible undisclosed funding or ulterior motives.
66. In response to these challenges, Moldovan institutions intensified
efforts during the second round of the presidential election to
investigate vote-buying schemes and illicit financing. The General
Police Inspectorate uncovered a vote-buying operation involving
$39 million allegedly transferred from Russia's Promsvyazbank to Moldovan
voters via 1.4 million text messages. The National Anti-Corruption
Centre is processing over 1 000 reported violations related to vote-buying
and has issued fines exceeding 2 million lei. The CEC initiated thorough
investigations into several political parties and candidates suspected
of illicit financing. While these actions are commendable, concerns
remain that preventive measures were insufficient relative to the
scale of the problem, highlighting the need for a more structured
approach to safeguard the integrity of future elections.
4 Election day observations
67. On the first election day on
20 October 2024, the partner organisations of the IEOM deployed
altogether over 300 short term observers in over 1 200 polling stations.
The 12 PACE teams were deployed in Chisinau and its surroundings,
as well as in the following cities and their surroundings: Anenii
Noi, Balti, Cahul, Cantemir, Causeni, Ceadir-Lunga, Comrat, Cricova,
Criuleni, Dubasari, Edinet, Floresti, Gongaz, Hincesti, Leova, Orhei, Riscani,
Singera, Soroca, Taraclie, Varnitsa and Vulcanesti. On the runoff
polling day, four PACE teams were deployed in Chisinau and its surroundings
and in Anenii Noi, Balti, Cricova, Criuleni, Dubasari, Falesti,
Floresti, Orhei, Rezina, Singerei, Varnitsa and their surrounding
villages.
68. All members of the PACE delegation considered that the elections
were technically very well organised, with well-trained, predominantly
female, officers in most polling stations. The two election days
were calm and well managed, without major incidents that could significantly
affect the voting process. The runoff election day was somewhat
more affected by instances of potential voter corruption tactics,
including organised voter transportation (observed in two DEC37
polling stations in Varnitsa and Rezina) and voters taking photos
of their ballots (observed by one team in Singerei). Rare cases
of sudden overcrowding and tension in and around polling stations
were reported.
69. Opening procedures were assessed very positively by all PACE
teams. PEB members were ready on time and all the necessary materials
had been delivered. Video cameras provided by the CEC were installed and
functional with very few cases where the SAISE electronic voter
verification system did not work immediately, but these technical
hitches were quickly resolved.
70. The voting procedures were also assessed overwhelmingly positively
by our members, though minor inconsistencies were noted. Some polling
stations were quite small and some layouts were poorly arranged which
made the voting process difficult. The SAISE system to check ID
or voters worked efficiently in most polling stations observed.
Video cameras were also operational in most polling stations visited
but some observers commented that occasionally the cameras installed
to monitor the ballot boxes had a broader view of the premises,
potentially compromising the secrecy of the vote.
71. Our delegation particularly commended the commitment of the
thousands of women – who made up 88% of the PEB members in polling
stations observed by the IEOM – for ensuring that the electoral
process was conducted with integrity and transparency.
72. On the downside, the vast majority of polling stations observed
were not suitable for people with movement restrictions and access
to many polling stations was difficult for the elderly. Although
polling stations were equipped for voting in wheelchairs, the tables
meant for this purpose were often pushed to the corner or basic
equipment such as the stamp was missing. People who wished to use
these booths, had to beg for sufficient equipment. I underscored
at the press conference that the right to vote is a fundamental
human right and exclusion because of personal characteristics is
unacceptable.
73. Counting of votes was carried out efficiently, with minor
breaches observed. PEB members occasionally skipped procedural steps
during counting, to finish less late. Our members also observed
rare cases of protocols being signed in advance before filling in
the figures.
74. All in all, the findings of the members of the PACE delegation
coincide with the ones detailed in the two IEOM joint statements
of preliminary findings and conclusions. As usual, whereas the methodology
of “mobile observation” used by the international parliamentary
bodies with teams visiting polling stations in a wider region enables
to get a good general picture of election management, it is not
the most conducive method of detecting frauds and infringements.
This purpose is better served by local observers, for instance,
the key civil organisation Promo-LEX was represented in almost all
polling stations visited by our delegation. Their excellent work
of observation and detecting infringements throughout this electoral
period merits a special recognition.
75. The Promo-LEX instructed observers recorded as many as 778
and 791 incidents respectively on the two polling days. The most
frequent violation observed was the breach of voting secrecy, with
175 and 229 cases involving photographing ballots and other actions
encroaching on voter privacy. Whereas nearly 100 cases related to
the disruption of the process of filming the voting and counting
of ballots and other incidents related to the filming of voting
procedures were recorded during the first round, this figure dropped
to 51 instances on the runoff polling day. On the other hand, the
number of technical glitches detected in the functioning of the
State automated election system, including instances where the system
incorrectly showed whether a person had voted, increased to 127
incidents, raising concerns about the electoral infrastructure's reliability.
Mistakes in voter rolls such as wrong addresses and the inclusion
of deceased persons, were observed respectively in 76 and 65 cases,
casting doubt on the accuracy of voter list updates. Additionally, problems
with ballot box security, missing or damaged seals, unauthorised
presence of individuals campaigning in or near polling stations,
and cases of vote-buying were reported.
76. The police reported 225 incidents, including the photographing
of ballot papers or the organised transportation of voters. On the
second polling day, the authorities faced false bomb threats made
against a number of polling stations and the bridge over the Dniestr
from Rybnitsa to Rezina. In addition, 14 false bomb alerts were
received at polling stations abroad. According to the Ministry of
Foreign Affairs, such alerts were recorded in 13 cities, all of
which turned out to be false (Bologna, Paris (Montreuil), Marseille,
Liverpool, Northampton, Bucharest, Brasov, Minsk, Madrid, Berlin,
Hamburg, Frankfurt and Kaiserslautern).
5 Establishment of results and post-electoral
developments
77. At the time of the writing
of the report, the final confirmed results by the Constitutional
Court of the presidential election were not yet available.
Note On
9 November 2024, the Central Electoral Commission officially declared
the 3 November 2024 presidential runoff valid. The voter turnout
was 54.31
% of the total number
of 1 699 945 eligible voters. Maia Sandu won the elections with
930 139 (55,35%) out of the 1 680 569 valid votes cast, while 750 430
(44,65%) votes were cast for Alexandr Stoianoglo, supported by the
Party of Socialists of the Republic of Moldova.
78. The highest ever in the Moldovan electoral history number
of 328 855 voters turned up in the 231 polling stations abroad (almost
90 000 people more than in the first round), who ensured Maia Sandu's
victory (Maia Sandu – 83.83%, Alexandr Stoianoglo – 17.17%), whereas
Alexandr Stoianoglo won most votes on the territory of Moldova.
He was favoured by 51.2% of those who took part in the 3rd November
elections in the country, compared to 48.8% for Maia Sandu. In Chisinau,
Maia Sandu won with 57.38% against the 42.62% for Alexandr Stoianoglo.
79. In the first round, a total of 1 562 705 or 51.68% of voters
cast their ballots. The results were the following:
- Maia Sandu – 42.45% (656 354)
- Alexandr Stoianoglo – 25.98% (401 726)
- Renato Usatii – 13.79% (213 168)
- Irina Vlah – 5.38% (83 230)
- Victoria Furtuna – 4.45% (68 777)
- Vasile Tarlev – 3.19% (49 317)
- Ion Chicu – 2.06% (31 793)
- Octavian Țîcu – 0.93% (14 326)
- Andrei Năstase – 0.64% (9 946)
- Natalia Morari – 0.61% (9 444)
- Tudor Ulianovschi – 0.52% (7 997)
80. The voting patterns in the Autonomous Territorial Unit of Gagauzia
and Transnistria during the second round are noteworthy. In Gagauzia,
voter turnout increased by over 3 300, with Alexandr Stoianoglo
receiving 97.40% of the votes. In Transnistria, nearly 10 000 additional
voters crossed the Dniestr River to cast their ballots at the 30
polling stations of District Electoral Council (DEC) #37, where
79.40% voted for Alexandr Stoianoglo and 20.60% for Maia Sandu.
However, the overall participation rate from Transnistria remained
very low, with only 26 136 out of approximately 296 000 eligible
voters from the region casting their votes.
81. Following the announcement of the results, members of the
Party of Socialists (PSRM) organised a protest in front of the CEC,
demanding the resignation of its members, whom they accused of political subordination
to the Party Action and Solidarity. The Socialists claimed that
the runoff presidential election was marked by serious irregularities.
Alexandr Stoianoglo did not attend the rally. On the same day, Deputy Speaker
of Parliament and PSRM member, Vlad Bătrîncea, announced that the
PSRM had filed a complaint with the CEC regarding alleged violations
during the runoff election. Igor Dodon, leader of the PSRM, submitted their
list of complaints to international observers and diplomatic missions
in the Republic of Moldova.
82. On 25 October 2024, the CEC declared the republican constitutional
referendum valid with a turnout of 50.72%. In this context, 1 532
264 voters received ballot papers for the referendum. Out of the
total number of 1 488 874 valid votes cast, 749 719 (50.35%) people
voted for the “yes” option and 739 155 (49.65%) people voted for
the “no” option. 42 518 ballots were invalid.
83. Article 208(1) of the Electoral Code, concerning the “Adopting,
publishing and entry into force of the decision subject to a Republican
Referendum” stipulates that “a republican referendum decision shall
be considered adopted if it gained the majority of voters who participated
in the referendum”. This implies that the number of voters who participated
equals the number of ballots found in the ballot box. The Constitutional Court's
ruling bases its decision on the number of valid votes, which confirms
that the referendum received enough support to pass. This followed
the CEC’s application of Article 81(10) of the Electoral Code, according to
which invalid ballot papers are not included in the total number
of valid votes cast. This interpretation is consistently applied
to all election results.
84. The very close vote led to confusion and different interpretations
among different political camps, notably because calculating the
results based on the total number of ballots cast – including invalid
ones – would give the “yes” vote 48.23%. The CEC’s preliminary results
webpage displayed only the total number of valid votes divided per
referendum option and did not reference the total number of participants.
One complainant officially challenged the referendum results and
requested a recount of the votes cast abroad. The CEC rejected this request
as unfounded, a decision that was upheld in subsequent adjudications.
85. On 31 October 2024, the Constitutional Court reviewed the
results protocol submitted by the CEC, along with related appeals
and recount requests. The Court confirmed the validity of the constitutional
referendum, interpreting the law to base the results on valid votes
cast. Two out of six judges issued dissenting opinions. On 5 November,
the decision confirming the referendum results was published in
the Official Journal of the Republic of Moldova.
86. A protest organised by the Party of Communists, joined by
other opposition politicians, was held in front of the Constitutional
Court on the day it convened to validate the referendum results.
The PSRM had declared on 30 October 2024 that it did not recognise
the outcome of the referendum.
6 Conclusions
and recommendations
87. The presidential election and
constitutional referendum in the Republic of Moldova were conducted
in a highly polarised political environment, marked by unprecedented
attempts to corrupt the electoral process. Despite significant external
interference, particularly from the Russian Federation, and attempts
by affiliated entities to discredit and destabilise the electoral
process, the Moldovan authorities and people succeeded in organising
elections that were democratic and well-managed. While pervasive
vote-buying schemes raise serious concerns about the integrity of
the process and the moral compass of society, the electoral process was
largely free from intimidation, and Moldovans worldwide were able
to express their preferences regarding the country's leadership
and further integration with the European Union.
88. However, the elections highlighted deep societal divisions,
exacerbated by confrontational campaigns and manipulations from
various actors. Malign practices such as vote-buying, illegitimate
funding, and misuse of administrative resources undermined the integrity
of the electoral process. The lack of prompt investigations into
these misconducts is a matter of concern, calling for greater accountability
from competent authorities.
89. Disinformation campaigns amplified on social media contributed
to an imbalance in an otherwise relatively open media environment.
We are concerned that social media remains unregulated; for an increasing number
of people, it is the primary source of information. There is a pressing
need for stricter rules governing the online environment to combat
disinformation that can affect citizens’ voting decisions. Addressing
these challenges is essential to strengthen democratic practices
and public trust in future electoral processes.
90. The president-elect now faces the critical task of healing
societal rifts and guiding the country toward EU integration amidst
existing divisions and new pressures emerging with parliamentary
elections on the horizon next year. Success will depend on implementing
further democratic reforms, combating disinformation, and ensuring
that Moldova's democratic processes remain inclusive, legitimate
and transparent.
91. In light of the above, our delegation invites the relevant
authorities of the Republic of Moldova to address the above issues,
and to:
- Investigate
electoral irregularities: Ensure swift, credible, and
transparent investigations into all irregularities and allegations
of vote manipulation. Strengthen the capacities of election administrators and
law enforcement to tackle electoral corruption and increase voter
awareness of prohibited activities.
- Combat foreign interference
and disinformation: Develop a structured approach to
counter foreign interference and disinformation campaigns, implementing
proactive measures to mitigate long-term negative impacts. Enhance
communication regarding efforts to address vote-buying and foreign interference
to build public trust while respecting national security considerations.
- Improve the electoral legal
framework in due time: Address ambiguities in the electoral
law, such as the accuracy of the voter register and the voting rights
of people with intellectual and psychological disabilities. Reduce
restrictive eligibility requirements for presidential candidates,
including alleviating lengthy residency and higher education criteria,
to make candidacies more inclusive.
- Enhance election administration:
Increase the impartiality of the CEC to reflect diverse political representation.
Consider introducing interim measures by adding a more inclusive
component until the switch-over to a fully professional CEC. Adequately
fund the CEC to enable comprehensive monitoring and oversight of
campaign financing and to prevent misuse of public resources.
- Ensure fair media practices:
Guarantee unbiased and equal media coverage of all electoral candidates,
especially by public broadcasters. Address the rise in hate speech
and xenophobic language during campaigns. Promote media literacy
programmes to educate citizens on critically assessing information
sources, particularly on social media.
- Strengthen campaign financing
transparency: Improve transparency and accountability
in campaign financing, ensuring equal treatment for all candidates.
Implement stronger oversight of third-party campaigning and online
financing, simplifying financial reporting without compromising
transparency.
- Enhance inclusivity and accessibility:
Ensure polling stations are accessible to voters with mobility impairments,
including the elderly, and eliminate obstacles faced by persons
with disabilities during the voting process. Safeguard the voting
rights of people with intellectual and psychological disabilities
to allow full participation in the electoral process.
- Broaden civil society participation:
Reconsider restrictive provisions that prevent citizens and civil society
organisations from participating in referendums, encouraging broader
engagement in democratic processes.
- Demonstrate commitment to
democratic principles: Show strong and genuine political
will to address the identified shortcomings, adhering to the Reykjavik
Principles for Democracy to strengthen democracy and good governance.
Collaborate closely with international partners, including the Venice Commission,
to effectively implement these recommendations.
92. The Parliamentary Assembly stands ready to support the Republic
of Moldova in implementing these recommendations. Strengthening
democratic practices and ensuring the integrity of electoral processes
are vital steps toward consolidating democracy and fostering public
trust in the country's institutions.
Appendix 1 – Composition
of the pre-electoral delegation of the Parliamentary Assembly
Chairperson: Ms Thórhildur
Sunna Ævarsdóttir, Iceland
Socialists, Democrats
and Greens Group (SOC)
- Ms Thórhildur Sunna
Ævarsdóttir, Iceland
Group of the European
People’s Party (EPP/CD)
European Conservatives
Group and Democratic Alliance (EC/DA)
- Mr Oleksii Goncharenko,
Ukraine (excused)
Alliance of Liberals
and Democrats for Europe (ALDE)
- Ms Valentina Grippo,
Italy
Group of the Unified
European Left (UEL)
Co-rapporteurs AS/MON
(ex officio)
- Mr Pierre-Alain Fridez
(Switzerland, SOC)
- Ms Zanda Kalniņa-Lukaševica (Latvia, EPP/CD)
Secretariat
- Ms Ivi-Triin Odrats,
Deputy Head of the Elections Division, Secretary of the ad hoc committee
- Ms Carine Roller-Kaufman, Assistant, Elections Division
Appendix 2 – Programme
of the pre-electoral delegation of the Parliamentary Assembly
Monday,
16 September 2024
17:30-19:00 Informal briefing meetings of the Chairperson
with Ambassador Jānis Mažeiks, Head of the European Union Delegation
to the Republic of Moldova, and Falk Lange, Head of the Council
of Europe Office in the Republic of Moldova
20:00 Informal information point for the members of the delegation
Tuesday, 17 September 2024
08:00-08:45 Delegation briefing, short presentations
- Opening remarks by the Chairperson
- Presentation of the current political situation and pre-electoral
environment by Falk Lange, Head of the Council of Europe Office
in the Republic of Moldova
- Presentation of Monitoring Committee co-rapporteurs’ visit
to Chisinau in July 2024 by Pierre-Alain Fridez, co-rapporteur
- Practical information by the Secretariat
08:45-10:15 Meeting with Ambassador Urzula Gacek, Head of
the OSCE/ODIHR Election Observation Mission, and members of the
core team
10:15-11:00 Meeting with Ambassador Kelly Keiderling, Head
of the OSCE Mission in the Republic of Moldova, and Paolo Tatti,
OSCE Political Officer.
11:15-12:45 Meeting with representatives of NGOs involved
in election observation
- Paulina
Panainte, ADEPT, Secretary of the Coalition for Free and Fair Elections
- Nicolae Panfil, Promo-LEX Association
- Iulian Groza, Institute for European Policies and Reforms
- Roman Banari, General Secretary, National Youth Council
of Moldova
- Steve Young, Cmi Martti Atishaari, Peace Foundation
- Cristina Berlinschü, ADEPT Association
14:00-15:30 Meeting with media representatives
- Mariana Rata – TV 8
- Evgheni Solari – Newsmaker
- Anastasia Antoceanu – Agora
15:30-16:00 Meeting with Lilian Chișca, Chairperson of the
National Integrity Agency
16:15-17:00 Meeting with Cristina Gherasimov, Deputy Prime
Minister for EU Integration, and representatives of ministries responsible
for different aspects of the elections
17:30-18:30 Meeting with Liliana Vițu, Chairperson of the
Audio-visual Council
20:00 Working dinner with ambassadors of the Council of Europe
member States, hosted by Guido Beltrani, Director of the Swiss Cooperation
Office in Moldova
Wednesday, 18 September
2024
09:00-09:45 Meeting with Angelica Caraman, Chairperson and
members of the Central Electoral Commission
10:00-10:30 Meeting with Maia Sandu, President of the Republic
of Moldova
11:00-11:45 Meeting with Igor Grosu, Speaker of the Parliament
of the Republic of Moldova
12:00-13:45 Working lunch with members of the Moldovan delegation
to PACE
14:00-18:00 Meetings with the
main presidential candidates
14:00-14:20 Natalia Morari, independent
14:20-14:40 Alexandr Stoianoglo, Party of Socialists (PSRM)
15:10-15:30 Ion Chicu, Party of Development and Consolidation
of Moldova
16:10-16:30 Andrei Nastase, independent
16:30-16:50 Irina Vlah, independent
16:50-17:10 Renato Usatîi, Our Party
17:20-17:40 Octavian Ticu, Together bloc
17:40-18.00 Vasile Tarlev, Future of Moldova
18:15-19:00 Debriefing meeting of the pre-electoral delegation
and preparation of the statement
Appendix 3 – Statement
of the pre-electoral delegation of the Parliamentary Assembly
Republic of Moldova:
PACE delegation concerned about significant foreign interference
in forthcoming Moldovan elections
A pre-election delegation from the Parliamentary Assembly
of the Council of Europe (PACE), concluding its visit to the Republic
of Moldova on 17-18 September 2024, stressed that the country is
at a critical crossroads. The upcoming presidential election and
constitutional referendum on 20 October 2024 could be a turning
point for bolstering democracy and strengthening state institutions.
Moldovan authorities are faced with the difficult task of ensuring
the integrity and security of the vote whilst simultaneously upholding
the core values of the Council of Europe.
Led by Thórhildur Sunna Ævarsdóttir (Iceland, SOC), the six-member
cross-party PACE delegation conducted its mission in Chisinau. They
met with key officials, including the Deputy Prime Minister for
European Integration, the Speaker of Parliament, presidential candidates,
the Central Election Commission (CEC), as well as the chairs of
the State Integrity Agency and the Audiovisual Council, civil society
and media representatives, international observers, and members
of the Moldovan delegation to the PACE.
The delegation acknowledged the 2022 Electoral Code reforms,
which addressed long-standing recommendations and set a stronger
framework for the upcoming elections. They also noted positively
the increase in the number of polling stations abroad and a new
partial postal voting initiative.
While the Republic of Moldova has made significant strides,
particularly in securing EU candidate status and beginning accession
talks, it was brought to the attention of the delegation that these
achievements were under siege from mounting geopolitical pressures.
Kremlin-backed disinformation, illicit financing, and alleged vote-buying
pose serious threats to Moldova’s sovereignty, security, and election
integrity.
The delegation urged the Moldovan Government and the CEC to
ramp up public awareness about these threats, while ensuring that
efforts to combat disinformation do not stifle free speech or hinder
open political competition. With just a month left, they stressed
the importance of engaging voters and ensuring public officials
remain neutral.
Despite a longstanding political imbalance in its composition,
the CEC must maintain its integrity, especially in handling the
complex registration process. The coming month will test both the
government and the CEC's ability to ensure a level playing field.
The PACE team called on all political actors to respect the
Electoral Code and refrain from corruption or illegal tactics.
Though not all issues could be resolved before election day,
the delegation urged Moldovan authorities to address what they can.
PACE will send a full team to observe the 20 October votes alongside
OSCE/ODIHR, the OSCE Parliamentary Assembly, and the European Parliament,
with conclusions to follow after the elections.
Appendix 4 – Composition
of the ad hoc committee (1st round – 20 October 2024)
Chairperson: Ms Petra
Bayr, Austria
Socialists, Democrats
and Greens Group (SOC)
- Mr Constantinos Efstathiou,
Cyprus
- Mr Stefan Schennach, Austria
- Ms Thórhildur Sunna Ævarsdóttir, Iceland (excused)
- Ms Petra Bayr, Austria
- Mr Jone Blikra, Norway
- Ms Sascha Faxe, Denmark
Group of the European
People’s Party (EPP/CD)
- Mr Pablo Hispán, Spain
- Mr Jan Filip Libicki, Poland
- Mr Chris Said, Malta
- Mr Cristian-Augustin Niculescu-Țâgârlaș, Romania
- Ms Belén Hoyo, Spain
European Conservatives
Group and Democratic Alliance (EC/DA)
- Mr Oleksii Goncharenko,
Ukraine
- Mr Harald Weyel, Germany
- Mr Andrew Percy, United Kingdom
- Mr José María Sánchez García, Spain
Alliance of Liberals
and Democrats for Europe (ALDE)
- Ms Valentina Grippo,
Italy
- Mr Petri Honkonen, Finland
- Ms Yuliia Ovchynnykova, Ukraine
Group of the Unified
European Left (UEL)
Co-rapporteurs AS/MON
(ex officio)
- Mr Pierre-Alain Fridez
(Switzerland, SOC)
- Ms Zanda Kalniņa-Lukaševica (Latvia, EPP/CD)
Accompanying person
- Mr Paweł Skalik, accompanying
Mr Jan Filip Libicki
Secretariat of political
groups
Venice Commission
- Ms Veronika Bílková,
Vice-President of the Venice Commission
- Mr Pierre Garrone, Secretary of the Council for Democratic
Elections and Head of Division in the secretariat of the Venice
Commission
- Mr Adrià Rodriguez-Perez, Secretariat of the Venice Commission
Secretariat
- Ms Ivi-Triin Odrats,
Deputy Head of the Elections Division, Secretary of the ad hoc committee,
- Mr Bogdan Torcătoriu, Senior Elections Officer, Elections
Division, Secretariat of the ad hoc committee
- Ms Carine Roller-Kaufman, Assistant, Elections Division
Appendix 5 – Programme
of the meetings of the International Electoral Observation Mission
(1st round – 20 October 2024)
Friday,
18 October 2024
10:00-10:15 Welcome and introductory remarks
- Lucie Potuckova, Special Co-ordinator
and leader of the short-term OSCE observer mission
- Petra Bayr, Head of PACE Delegation
- Michael Gahler, Head of the European Parliament Delegation
- Johan Büser, Head of the OSCE PA Delegation
10:15-10:30 Introduction on the country
- Ambassador Kelly Keiderling, Head of the OSCE Mission
to Moldova
- Falk Lange, Head of the Council of Europe Office in Moldova
- Ambassador Jānis Mažeiks, Head of the European Union Delegation
to Moldova
10:30-12:30 Briefing by the ODIHR Election Observation Mission
- Welcome and overview of the
election observation mission's work – Ambassador Urszula Gacek,
Head of Mission
- Political overview, the Contestants and the Election and
Referendum Campaigns – Cara Stern, Political Analyst
- Media – Sanita Jemberga, Media Analyst
- Legal Framework, Electoral dispute resolutions – Yelena
Kovalyova, Legal Analyst
- Election Administration and Voter Registration – Maria
Krause, Election Analyst
- Security – Katarzyna Witt, Security Expert
Questions and answers
13:30-15:00 Panel with representatives of civil society
- Nicolae Panfil, Programme Director,
Promo-LEX
- Ilie Chirtoacă, Executive Director, Legal Resources Center
- Igor Boţan, Executive Director, Association for Participatory
Democracy
15:15-16:45 Campaign and Election Coverage Panel
- Petru Macovei, Executive Director,
Association of Independent Press, Stopfals.md
- Mariana Rata, Senior News Editor, TV8
- Denis Dermenzchi, Director, IPN News Agency
- Nadine Gogu, Executive Director, Independent Journalism
Center
- Olga Gnatkova, Deputy Editor-in-Chief and co-founder,
NewsMaker
Saturday, 19 October 2024
09:30-11:30 Candidates contesting the elections
- Vlad Batrincea (Representative
of Alexandr Stoianoglo)
- Irina Vlah
- Ion Chicu
12:00-13:00 Election administration and legislation
- Angelica Caraman, President,
Central Election Commission
- Liliana Vitu-Esanu, Chair, Audio-visual Council
- Viorel Furdui, Executive Director, Congress of Local Authorities
of Moldova
- Igor Chiriac, Secretary, Legal Committee of the Parliament
13:00-14:00 ODIHR election observation mission - briefing
continuation
- Election Day procedures,
Maria Krause, Election Analyst
- STO Reporting, Max Bader, Statistical Analyst
- Briefing by Long Term Observers deployed in Capital City
- Moderator: Stefan Krause, Deputy Head of Mission
Sunday, 20 October 2024
All day Election Day – Observation in polling stations
Appendix 6 – Press
release of the International Election Observation Mission (1st round
– 20 October 2024)
Moldova’s Election
and Referendum Well-Managed and Competitive, Despite Serious Attempts
to Undermine Its Integrity, International Observers Say
CHISINAU, 21 October 2024 – Moldova’s 20 October presidential
election and constitutional referendum were well-managed, and contestants
campaigned freely in an environment characterized by concerns over
illicit foreign interference and active disinformation efforts.
While this affected the integrity of the process, additionally,
campaign conditions did not allow for a level playing field among
contestants, international observers said in a preliminary statement
released today.
The election administration worked professionally and demonstrated
impartiality in their decisionmaking. In a competitive but only
minimally visible campaign, voters were offered a variety of political
alternatives among presidential candidates, who were registered
in an inclusive process. However, the manner in which the presidential
election and referendum campaigns were conducted simultaneously,
and media coverage that favoured the incumbent and the government,
did not provide fully equal opportunities. Misuse of public resources
in the campaign was noted, the statement says.
“Moldova deserves credit for implementing a number of reforms
to increase public confidence in the electoral system, in the context
heavy Russian propaganda. From implementing cybersecurity measures
to ensuring a high degree of women’s participation, there is much
to celebrate in this election,” said Lucie Potůčková, Special Co-ordinator
and leader of the short-term OSCE observers. “There are, however,
some areas for improvement. The overlapping period between candidate
registration and the campaign, for example, has created an uneven playing
field, which is something we would like to see improved.”
The campaigns took place in the context of the government
addressing national security threats resulting from the war caused
by the Russian Federation’s invasion of Ukraine. Law enforcement
authorities, many international actors and civil society organizations
have proclaimed that Moldova is the target of an ongoing “hybrid
war” directed from abroad that includes illicit financing of political
actors, disinformation campaigns, and cyberattacks.
“Yesterday marked a pivotal moment for Moldova, despite Russia's
full-scale aggression against Ukraine and intensive Kremlin-backed
interference in the electoral processes,” said Petra Bayr, Head
of the delegation from the Parliamentary Assembly of the Council
of Europe. “We commend the country's leadership for boldly consulting
the population on this fundamental choice, and stand ready to support
Moldova in further strengthening its inclusive and open society.
Success will depend on further democratic reforms and the ability to
combat disinformation and external interference, ensuring Moldova's
democratic process remains legitimate and transparent.”
“We welcome the results of the referendum,” said Michael Gahler,
Head of the delegation from the European Parliament. “Despite the
unprecedented massive, malign and illicit Russian interference,
especially through vote buying, hybrid attacks and disinformation,
the people of the Republic of Moldova chose a future in the EU. We
commend the competent Moldovan authorities for holding a well-managed
and efficient election under these extraordinary circumstances.
We call on all stakeholders to resist any interference, in order
not to allow it to distort the results of the second round of the
presidential election and the 2025 parliamentary elections.”
While the revised legal framework for the presidential election
provides an adequate basis for holding democratic elections, frequent
amendments, introduced shortly prior to the election and without
sufficient consultation, diminished the coherence of election legislation
and potentially affected legal certainty. The legal framework for
the referendum, which was on the question of enabling the parliament
to integrate EU rights and obligations into national law without
further constitutional reform, has certain shortcomings, including insufficient
safeguards against the misuse of public resources and, as such,
is not fully in line with international standards and OSCE commitments.
While there are no international standards prohibiting the concurrent holding
of the two contests, doing so without adjusting campaign regulations
contributed to an unlevel playing field for presidential contestants.
“The substantial number of international observers that deployed
to observe the elections serve as a testament to the international
community’s steadfast support for Moldova’s democratic path,” said
Johan Büser, Head of the delegation from the OSCE Parliamentary
Assembly. “In the context of Russia’s full-scale war of aggression against
Ukraine, pro-Russian actors have directed foreign interference and
disinformation campaigns, while traditional views on minorities
and LGBT rights were sometimes framed as reasons to vote ‘No’ on
the EU referendum.”
Election day was calm and well-organized, and the voting process
was assessed overwhelmingly positively by the observers, with only
a few procedural problems noted. The vote count and tabulation were
assessed positively, overall.
“The electoral authorities have been transparent and professional
in their work, and this was reflected in our overwhelmingly positive
assessment of election day,” said Urszula Gacek, head of the election
observation mission from the OSCE Office for Democratic Institutions
and Human Rights. “Our observation over the last several weeks shows
that the conditions did not provide the contestants with a level
playing field. The recommendations we will make based on our observation
will be aimed at addressing this and other areas in need of improvement,
to increase the resilience of and citizens’ confidence in electoral
processes in the country.”
Recent changes created a robust legal framework for campaign
finances, but oversight was diminished due to the limited capacity
and resources of the electoral authorities. Campaign donation and
expenditure limits apply separately to election and referendum participants,
meaning political parties and election blocs participating in both
contests had the ability to spend more.
During the campaign, radio and television political coverage
was tightly regulated to ensure fairness, accuracy and impartiality,
but ODIHR media monitoring showed that the incumbent received the
most coverage overall in news and editorial programmes in both her
official capacity and as a candidate, without clear distinction between
the two. Coverage of the referendum in all newscasts was very limited.
In line with electoral media laws, candidates were granted sufficient
free airtime.
The effectiveness of the resolution of election disputes was
limited in the handling of some cases. Although the dispute resolution
deadlines comply with international good practice, the Central Election
Commission and the appellate court did not always comply with legal
deadlines. As most of the Commission’s decisions on inadmissibility
were upheld upon judicial review, some important campaign-related
issues were not examined on their merits.
Appendix 7 – Composition
of the ad hoc committee (2nd round – 3 November 2024)
Chairperson: Ms Petra
Bayr, Austria (excused)
Socialists, Democrats
and Greens Group (SOC)
- Mr Jone Blikra, Norway
(acting head of delegation)
Group of the European
People’s Party (EPP/CD)
- Mr Cristian-Augustin
Niculescu-Țâgârlaș, Romania
European Conservatives
Group and Democratic Alliance (EC-DA)
- Mr Oleksii Goncharenko,
Ukraine
Alliance of Liberals
and Democrats for Europe (ALDE)
- Ms Valentina Grippo,
Italy / Italie
Group of the Unified
European Left (UEL)
Co-rapporteurs AS/MON
(ex officio)
- Mr Pierre-Alain Fridez
(Switzerland, SOC)
- Ms Zanda Kalniņa-Lukaševica (Latvia, EPP/CD) (excused)
Venice Commission
/ Commission de Venise
- Ms Veronika Bílková,
Vice-President of the Venice Commission
- Mr Adrià Rodriguez-Perez, secretariat of the Venice Commission
Secretariat
- Ms Ivi-Triin Odrats,
Deputy Head of the Elections Division, Secretary of the ad hoc committee
- Ms Carine Roller-Kaufman, Assistant, Elections Division
Appendix 8 – Programme
of the meetings of the International Electoral Observation Mission (2nd round
– 3 November 2024)
Saturday,
2 November 2024
12:00-12:45 Introduction on the Country
- Ambassador Kelly Keiderling, Head of the OSCE Mission
to Moldova
- Falk Lange, Head of the Council of Europe Office in Moldova
- Ambassador Jānis Mažeiks, Head of the European Union Delegation
to Moldova
13:45-15:45 Briefing by the ODIHR Election Observation Mission
- Welcome and overview of the
election observation mission's work – Ambassador Urszula Gacek,
Head of Mission
- Political overview, the Contestants and the Election and
Referendum Campaigns – Cara Stern, Political Analyst
- Media – Sanita Jemberga, Media Analyst
- Legal Framework, Electoral dispute resolutions –Yelena
Kovalyova, Legal Analyst
- Election Administration and Voter Registration – Maria
Krause, Election Analyst
- Security – Katarzyna Witt, Security Expert
- Statistical Analyst – Mikaela Jarnbert
- LTO Regional Briefing for teams deployed to Chisinau and
surrounding areas
Questions and Answers
16:00-17:00 Candidates contesting
the elections
16:00-16:30 On behalf of Maia Sandu
- Adrian Balutel – Chief of Staff to the President Maia
Sandu and Vice President of Action and Solidarity Party
- Stanislav Secrieru – National Security Advisor
- Igor Zaharov – EU Affairs Advisor
16:30-17:00 On behalf of Alexandr Stoianoglo
- Vlad Batrincea – Vice President
of the Parliament of Moldova and Chair of Bloc of Communists and
Socialists
- Olga Cebotari – Party of Socialists of the Republic of
Moldova
Sunday, 3 November 2024
All day Election Day – Observation in polling stations
Appendix 9 – Press
release of the International Election Observation Mission (2nd round
– 3 November 2024)
Moldova’s well-managed
presidential run-off offered voters genuine choice, despite legal
deficiencies, unbalanced media coverage and impact of foreign interference,
international observers say
CHISINAU, 4 November 2024 – The 3 November second round of
Moldova’s presidential election was administered efficiently and
professionally, and offered voters a choice between genuine political
alternatives, international observers said in a statement
of preliminary findings and conclusions today. Candidates were able to campaign freely, but
the quiet, ten-day campaign was marked by an increase in negative
rhetoric from across the political spectrum targeting both contestants,
often spread through online social networks. The challenges posed
by foreign interference and vote-buying continued to reverberate
during the run-off campaign, the statement says.
The presidential election was conducted under the 2022 Electoral
Code, which, despite frequent revisions, provides an adequate basis
for holding democratic elections. The application of general regulations
to the short second-round period resulted in conflicting provisions
and ambiguities, limiting the effectiveness of legal remedies and
campaign opportunities, while overly burdensome financial reporting
requirements, combined with limited disclosure, negatively impacted
the transparency of campaign finances for the second round. The incumbent,
Maia Sandu, continued to benefit from the misuse of public resources,
albeit this was significantly less widespread than in the first
round, and from unbalanced media coverage. This did not provide
the contestants with equal opportunities, the observers said.
“The high voter engagement, by women in particular, both in
Moldova and abroad, reflects a strong commitment to shaping the
country’s future. This process was well managed at polling stations
and demonstrates that Moldovans across political views can come
together and communicate openly and respectfully,” said Lucie Potůčková,
the Special Co-ordinator and leader of the OSCE short-term observers, and
Head of the OSCE Parliamentary Assembly delegation. “Despite the
polarization often highlighted on social media, these interactions
serve as a reminder of the resilience of real-life connections and
dialogue. I commend the Moldovan authorities for their efforts to
protect the integrity of the election, countering foreign interference,
and ensuring a peaceful and secure voting environment. Such measures
strengthen trust in democracy and highlight the unity that lies
beneath differing perspectives.”
The run-off was held amid continuing investigations into interference
from abroad and vote-buying schemes intended to influence the outcomes
of the first-round, and the constitutional referendum that was held simultaneously.
These investigations included detentions, searches of premises,
the seizure of materials, and the issuing of fines.
"These elections were organized under extremely challenging
circumstances, facing unprecedented schemes to corrupt the electoral
process. Despite this, the electoral administration deserves our
full recognition for a job well done. None of this would have been
possible without the hundreds of committed women working at polling stations,"
said Jone Blikra, Head of the PACE delegation. “The second round
has, unfortunately, confirmed how deeply divided Moldova truly is.
The president-elect will need to build bridges to heal these societal
rifts, especially with parliamentary elections on the horizon next
year."
Overall, the media provided voters with sufficient information
to make an informed choice, including through a debate between the
two candidates. The public broadcaster provided more coverage of
the two candidates in the second round, although a large portion
of its radio coverage was devoted to the government, without critical analysis.
Media monitoring showed that, while the four television channels
monitored devoted fairly equal amounts of airtime in their newscasts
to both candidates, they displayed a concerning bias in their tone,
with coverage of Sandu almost exclusively positive or neutral, while
that of her opponent, Alexandr Stoianoglo, was more critical, including
in less positive and some negative coverage in editorial programmes.
Preparations for the second round were efficient and professional,
and the election administration met legal deadlines. The Central
Election Commission continued to work in a collegial and transparent
manner and held open sessions. The Commission continued its voter
education programme between rounds, including through dedicated
materials for students and first-time voters.
“We praise the Moldovan people for running the presidential
election professionally and with an extraordinary sense of duty
and dedication, despite the continued massive interference from
Russia and Russian-sponsored actors,“ said Marta Temido, Head of
the European Parliament delegation. “The determination of the Moldovan authorities
and people to protect the integrity of the democratic process was
noticeable during this second round. We encourage the authorities
to continue these efforts in view of next year‘s parliamentary elections, and
we will stand ready to support Moldova in defending its democracy.“
Election day was generally calm and well-organized, and the
voting process was assessed overwhelmingly positively by the observers,
with only a few procedural problems noted. The vote count and tabulation
were assessed positively overall.
“In our team’s assessment of the process, we saw that the
lack of regulations adapted for the second round of the campaign
created some challenges for candidates and impacted the transparency
of campaign finance, for example. Our media monitoring also showed
bias benefiting the incumbent”, said Urszula Gacek, Head of the election
observation mission from the OSCE Office for Democratic Institutions
and Human Rights. “Our role as ODIHR is to help Moldova in addressing
these and other issues we note in our observations, and we will
be providing concrete recommendations that we hope will benefit
Moldova’s electoral processes in the future.”
In the period leading up to the run-off, the observers also
monitored the tabulation of the first-round and constitutional referendum
results, and the resolution of related appeals. On 31 October the
Constitutional Court certified that the “Yes” position had passed,
interpreting the law as establishing the results based on valid
votes cast. Voters and contestants had the opportunity to file complaints
about election day violations and to appeal results, but the failure
to register certain complaints and questions over which mechanisms
were appropriate for appealing certain issues limited access to
legal remedies.