Constitutional Court Faces Debate over Moldova's Postal Voting Laws

The recent appeal concerning postal voting, submitted by the Bloc of Communists and Socialists (BCS) to the Constitutional Court (CC), may face dismissal, as anticipated by legal expert Nicolae Osmochescu and PAS deputy Vasile Grădinaru.

"For instance, I fail to discern any grounds for deeming postal voting unconstitutional. It is a common practice in numerous countries, encompassing both electronic and postal methods, sometimes extending over a period of more than two days," elucidates Nicolae Osmochescu, a former judge of the Constitutional Court.

According to the constitutional expert, postal voting should be implemented in areas with the highest concentration of citizens of the Republic of Moldova.

Moreover, Vasile Grădinaru, the deputy from the Party of Action and Solidarity (PAS) and vice-chair of the Legal, Appointments, and Immunities Committee, believes that the High Court will dismiss the opposition's parliamentary petition. He also cites various responsibilities of the state.

"Firstly, to ensure universal suffrage, and secondly, because deviations from the traditional exercise of voting rights are tailored for various social groups, as evidenced by the provision of polling stations in hospitals. Additionally, Grădinaru contends that it is 'unconstitutional' to deny voting rights to citizens who must travel extensive distances to reach polling stations."

On Monday, the president of the BCS faction, Vlad Batrîncea, lodged a challenge against the law at the Constitutional Court. He accused the PAS government of exhibiting subjectivity in choosing the countries for piloting postal voting and of favouring specific voter groups.

"We are aware that during the 2020 presidential elections, particularly at these polling stations, presidential candidate Maia Sandu garnered the highest percentage of votes, ranging between 94 and 97 percent. Therefore, we comprehend fully the rationale behind the selection of these countries and the unequal conditions under which voters from other European countries, the Russian Federation, etc., will cast their ballots," asserts the socialist deputy.

In the rationale provided in the notification, Vlad Batrîncea asserts that the said law would contravene constitutional and international principles ensuring equal rights for all voters, irrespective of their location, whether within the Republic of Moldova or elsewhere.

The law pertaining to the partial introduction of postal voting was ratified by President Maia Sandu on May 8, with the decree being published in the Official Gazette on May 10. Subsequently, on May 14, a group of 9 deputies affiliated with the recently established "Victory" bloc in Moscow challenged it at the Constitutional Court.

Citizens of the Republic of Moldova residing in the United States of America, Canada, Norway, Sweden, Finland, and Iceland will have the opportunity to vote by mail in the forthcoming presidential elections and the republican constitutional referendum scheduled for October 20.

Translation by Iurie Tataru

Bogdan Nigai

Bogdan Nigai


Read more