Romania — Presidential Election, Second Round, 6 December 2009
STATEMENT OF PRELIMINARY FINDINGS AND CONCLUSIONS
Bucharest,
7 December 2009 – Following an invitation from the Permanent Mission of
Romania to the International Organizations in Vienna, and in line with
the recommendations of the Needs Assessment Mission conducted by the
OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR)
in Bucharest on 23–25 September, the OSCE/ODIHR on 28 October deployed
a Limited Election Observation Mission (LEOM) for the presidential
election. The LEOM remained in Romania to observe the second round of
the election.
The second round of the presidential election is
assessed for its compliance with OSCE commitments and international
standards for democratic elections, as well as with Romanian
legislation. This statement should be considered in conjunction with
the Statement of Preliminary Findings and Conclusions issued on 23
November, after the first round of voting. The overall assessment of
the election will depend, in part, on the conduct of the remaining
stages of the election process, including the tabulation, the
announcement of results and the handling of possible complaints and
appeals. The OSCE/ODIHR will issue a comprehensive final report,
including recommendations for potential improvements, some eight weeks
after the completion of the election process.
In line with
standard OSCE/ODIHR methodology for LEOMs, the mission included
long-term observers but not short-term election observers. The LEOM did
not conduct a comprehensive and systematic observation of election-day
proceedings, but visited a limited number of polling stations.
PRELIMINARY CONCLUSIONS
The
second round of the 2009 presidential election in Romania confirmed the
positive aspects noted during the first round, in particular the
overall compliance with OSCE commitments and other international
standards for democratic elections, the respect for fundamental
political freedoms, the competitive campaign environment, and the
efficient administration of the election. While the authorities took
steps to remedy some shortcomings noted during the first round of
voting and to investigate allegations of irregularities, further
efforts are required to address remaining weaknesses in order to
improve the election process and strengthen public confidence. In
particular, reports of alleged irregularities noted in the second round
should be investigated as a matter of urgency.
The campaign took
place in a pluralistic and generally calm environment. While campaign
activities of the candidates were less intense than in the first round,
the candidates used various means to convey their messages to the
electorate, which they were able to do freely. Both sides stepped up
their negative campaigning, including in the form of election materials
which, in violation of existing legislation, were designed in such a
way as to closely resemble the actual campaign material of the
candidate being attacked. A video clip showing the incumbent President
apparently hitting a boy during his 2004 election campaign sparked
considerable controversy; President Traian Băsescu denied that the
incident had taken place and said the footage had been manipulated.
The
election administration continued to work in an overall professional
manner, and complied with domestic legislation. The Central Election
Bureau (BEC) undertook some measures to address problems observed
during the first round, such as slow processing of voters at special
polling stations. In a welcome development, the BEC increased the
transparency of the process by publishing the results of the first
round from all polling stations on its website.
The media as a
whole continued to provide varied and ample coverage of the
presidential election, which allowed voters to make an informed choice.
The candidates could access the media unhindered. Public television and
some private channels had less news coverage of the campaign than
before the first round, partly reflecting the lower level of campaign
activities. Overall, the coverage of public television was balanced,
neutral and fair. Some private broadcasters, by contrast, lacked
balance and objectivity and took an aggressive stance against the
incumbent. The only debate between the candidates, which was broadcast
by public television and numerous private channels, served to underline
policy differences between the two presidential candidates.
The
police received 1,435 reports on election-related incidents on the
first-round election day; upon verification, the police confirmed that
724 of these incidents had taken place. The police was notified of 159
cases of suspected criminal offences, including cases of alleged
multiple voting involving 312 individuals. However, a thorough
investigation of such cases can only commence once the Permanent
Election Authority has received and processed the copies of the voter
lists used on election day. Two motions to invalidate the first round
of the election were filed with the Constitutional Court, which
rejected them as groundless. Another motion to invalidate the election
in specific polling stations was deemed inadmissible.
According
to preliminary data released by the BEC, voter turnout was 58.00 per
cent. Partial preliminary results published by the BEC indicate a very
close race between the two candidates. As in the first round, voting in
the large majority of regular polling stations visited by the
OSCE/ODIHR LEOM took place in an overall calm and orderly manner, and
procedures were largely followed. In special polling station visited,
voting was less problematic than in the first round. The vote count and
the tabulation again seemed to be conducted in a professional and
transparent manner, with some procedural problems noted. The Ministry
of Administration and the Interior announced that it received reports
on 194 possible criminal offences on election day and that it had
registered 269 minor violations.
PRELIMINARY FINDINGS
Background
On 25 November, the Central Election Bureau (BEC)
announced the final results of the first round of the 2009 presidential
election, which were validated by the Constitutional Court the
following day. The two candidates receiving the highest number of votes
and thus contesting the second round were incumbent President Traian
Băsescu, nominated by the Democratic Liberal Party (PD-L), who received
32.45 per cent of the valid votes cast, and Speaker of the Senate and
President of the Social Democratic Party (PSD) Mircea Geoană, who
received 31.15 per cent. Voter turnout in the first round of the
presidential election was 54.37 per cent.1
Election Administration
By
24 November, the representatives of all 12 candidates who participated
in the first round had the opportunity to receive, through the
mid-level election bureaus, electronic copies of all results protocols
issued by Polling Station Election Bureaus (BESVs). In a welcome
development, the BEC further increased transparency by posting the
results from all polling stations on its website. 1 The referendum on
parliamentary reform held on the same day was valid as 50.95 per cent
of registered voters participated in it; 72.32 per cent of them voted
in favor of a unicameral Parliament, and 83.32 per cent in favor of
reducing the number of members of Parliament from the current 471 to
300.
According to many representatives of the election
administration, many BESVs in the first round made technical mistakes
in completing the results protocols; this was also noted by OSCE/ODIHR
LEOM observers. Election administration officials at the national and
middle level told the OSCE/ODIHR LEOM that such problems were mainly
due to insufficient training of BESV presidents and deputy presidents.
Before
the second round, the BEC instructed all prefects and mayors to provide
polling stations with five voting booths each, corresponding to the
number of voting stamps per polling station available for voters to
mark their choice on the ballot. The BEC took this step in an effort to
address the problem of slow processing of voters, especially in special
polling stations where voters who on election day are away from their
place of registered residence can vote. During the first round, 4.8 per
cent of those who turned out to vote cast their ballots in special
polling stations.
According to the Law on the Election of the
President of Romania (hereafter: the election law), voting in the
second round is conducted in the same polling stations and administered
by the same BESVs as in the first round. The administration of the
second round was significantly simplified by the fact that it was the
only electoral contest, unlike the first round when a nationwide
referendum on parliamentary reform was held simultaneously. Few
presidents or deputy presidents of BESVs were replaced by the
respective mid-level election bureaus between the two rounds.2
Election Campaign
The
election campaign for the second round started on 26 November, when the
Constitutional Court validated the results of the first round, and
ended at 07:00 hours on 5 December. On 25 November, Mr. Geoanǎ and the
President of the National Liberal Party (PNL), Crin Antonescu, who had
come third in the first round, signed an agreement on cooperation and
mutual support in the second round. The agreement included a number of
political and socio-economic measures meant to be implemented if Mr.
Geoană is elected. The parties also agreed that in this case, Sibiu
Mayor Klaus Johannis should become Prime Minister. Later on, the
Democratic Union of Hungarians in Romania and the parliamentary group
representing national minorities joined the agreement, while some other
first-round candidates and their parties also endorsed it. Commenting
on the agreement, the incumbent President said that he had no intention
to bargain with the votes of the Romanians and that his only partner
for the second round was the Romanian elec orate.
As before the
first round, the campaign environment was competitive and generally
calm; campaign activities were reduced compared to the first-round
campaign, in particular public rallies with the candidates themselves.
The candidates addressed the electorate mainly through posters, banners
and statements. Cases of campaign banners being vandalized were
reported from Bucharest, Râmnicu Vâlcea and Mureş, and on 3 December,
the PSD and PNL offices in Botoşani were sprayed by unknown
perpetrators with anti-Communist slogans and insults against the
parties’ leaders. Notably, both sides stepped up their negative
campaigning, including in the form of posters, billboards, banners and
advertisement in the media which, in violation of existing legislation,
were designed in such a way as to closely resemble the actual campaign
material of the candidate being attacked by these posters. Such
campaign materials were in evidence in Bucharest and the regions,
targeting both candidates and the parties supporting them and in some
cases linking them to controversial businesspeople.
2 Most of
the BESV presidents and vice-president who asked to be replaced
formally did so for health or private reasons. However, staff of the
BEC told the OSCE/ODIHR LEOM that these replacements were frequently
concerning polling stations where shortcomings had been observed on the
first-round election day.
On 26 November, a controversial video
clip showing Mr. Bǎsescu apparently hitting a boy during his 2004
election campaign was publicized on the website of the newspaper
Gardianul and broadcast by all main TV channels. Mr. Bǎsescu denied
that this incident had taken place, saying the footage had been
manipulated. He initiated legal proceedings against the company which
publishes Gardianul and against Dinu Patriciu, a prominent businessman
and PNL member, who was the first to talk about the alleged incident in
the media and to announce that a video clip proving his claims existed.
Mr. Patriciu for his part countersued Mr. Băsescu for slander.
On
1 December, a campaign meeting of Mr. Geoană in Timişoara was disrupted
by anti-PSD protesters; police had to separate the two camps. Later
that day, outdoor demonstrations in support of the anti-PSD protesters
were held in Bucharest and several cities throughout Romania. The Media
Between the two rounds, the media as a whole continued to provide ample
and varied coverage of the election, thus allowing voters to make an
informed choice. Furthermore, candidates had unhindered access to the
media.
The first channel of public Romanian Television (TVR 1)
and some private channels (Prima TV and Pro TV) provided less coverage
of the campaign in their news than before the first round, partly
reflecting the lower level of campaign activity. Some private
broadcasters, notably Realitatea TV and the Antena network, provided
coverage which was not balanced and lacked impartiality, and took an
aggressive stance against the incumbent. Overall, TVR 1 offered
balanced and impartial coverage of both candidates. In its prime time
news, President Băsescu and the PD-L received 28 per cent of the
coverage devoted to politics, while Mr. Geoană and the PSD received 24
per cent; Mr. Antonescu and the PNL also played a role in the campaign
and received 13 per cent of the coverage. Prima TV news showed a
pattern similar to TVR 1. The coverage of Pro TV, Antena 1 and
Realitatea TV, by contrast, was more biased against the incumbent. The
latter devoted 51 per cent of its news, current affairs and electoral
programs to President Băsescu and the PD-L (44 per cent of which was
negative in tone, with 35 per cent being positive), while Mr. Geoană
and the PSD received 20 per cent (29 per cent negative, 51 per cent
positive), and Mr. Antonescu and the PNL received 8 per cent (19 per
cent negative, 53 per cent positive).
The only televised debate
between the two candidates took place on 3 December, with both
candidates presenting their platforms and exchanging views on
previously agreed topics. The threehour long debate was aired live
during prime time on TVR 1 and a number of private channels, thus
reaching a considerable number of voters, and served to underline
policy differences between the two presidential candidates.
Among
the newspapers monitored by the OSCE/ODIHR LEOM, Evenimentul Zilei,
Gândul and România Liberă were more balanced, while Jurnalul Naţional
and Cotidianul were biased against the incumbent.
After the
first round, the National Audiovisual Council (CNA) imposed 14 fines
ranging from 5,000 to 20,000 Romanian Lei (around 1,200–4,700 Euro)
against nine private TV channels for various violations of the election
law and other legislation, including for breaches of the campaign
silence provision.
Complaints and Appeals
After
the first-round election day, over 60 complaints were filed with County
Election Bureaus (BEJs), and around 40 appeals on BEJs’ decisions with
the BEC. The vast majority of these complaints and appeals pertained to
the content of campaign materials. In cases where the logo of the PSD
was used without the party’s consent and in cases where the content was
deemed defamatory to the incumbent President and inciting to violence,
the BEC ordered that posters and banners be removed. Although in at
least four instances, breaches of Article 29.2 of the Law on the
Funding of Political Parties’ Activities and Election Campaigns3 were
ascertained by BEJs and the BEC, no sanctions were imposed before the
second-round election day by the Permanent Election Authority (AEP),
which is the competent body for the implementation of this law.
According
to the Ministry of Administration and the Interior (MAI), the police
received 1,435 reports on election-related incidents on the first-round
election day; upon verification, the police confirmed that 724 of these
incidents had taken place. Fines were imposed in 121 cases of minor
administrative offences, mostly concerning campaigning during the
campaign silence period and selling alcohol in the vicinity of polling
stations.4 The police was notified of 159 cases of suspected criminal
offences, including cases of suspected multiple voting involving 312
individuals. The MAI informed the OSCE/ODIHR LEOM that as of 2
December, criminal proceedings against nine persons had been initiated.
With regard to cases of suspected multiple voting, thorough
investigations can only be conducted once the AEP has processed the
copies of the voter lists used on election day, which is expected to
take several months.
According to the election law, political
parties and candidates can, within three days of the closing of the
polls, file petitions with the Constitutional Court requesting the
annulment of an election, in case fraud was committed to such an extent
that it could potentially have altered the result. Three such petitions
were filed after the first round. The Greater Romania Party and
independent candidate Constantin Ninel Potîrcă requested the annulment
of the first round, the former on the grounds of alleged
irregularities, and the latter on the grounds that the Constitutional
Court did not examine a petition he filed before the first round on the
unconstitutionality of certain provisions of the election law. The
Court dismissed both petitions as groundless, since no evidence of the
alleged fraud was provided. The PSD requested the annulment of the
election in four polling stations in the commune of Slatina (Suceava
county), due to irregularities. These irregularities were also
ascertained by the Suceava BEJ, hich replaced the presidents of these
polling stations. Since the election law only foresees the annulment of
an election for the entire country, the Constitutional Court ruled that
this petition was inadmissible, noting that in any case, these
irregularities did not affect the results. Election Day
Election Day
According
to preliminary data released by the BEC, 58.00 per cent of registered
voters turned out to vote. Of these, 617,135 voted in special polling
stations in Romania, and 147,754 voted abroad. As in the first round,
voting in the large majority of regular polling stations visited by the
OSCE/ODIHR LEOM took place in an overall calm and orderly manner, and
procedures were largely followed. In most special polling stations
visited, voting was less problematic than in the first round;
processing of voters was noticeably faster, mainly due to the fact that
no other electoral event was held concurrently. Nonetheless, in a few
special polling stations visited the process was again relatively
slow. In some polling stations visited, domestic observers said they
were observing on behalf of certain candidates or parties. The MAI
reported that it received reports of 194 possible criminal offences
related to election day, including vote buying and multiple voting. Two
individuals were detained. The Ministry also registered 269 minor
violations.
The BEC released partial preliminary results at
08:00 hours on 7 December, but again not by polling station. These
results indicate a very close race, with the incumbent slightly ahead.
The PD-L and the PSD both released parallel vote tabulation results
according to which their candidate had won narrowly. The PSD claimed
that a high number of irregularities had occurred and announced that it
had asked its BEJ members not to sign the results protocols. As during
the first-round election day, several Internet sites, including those
of major media outlets, published exit poll results before the
polls closed, in violation of the election law.
In
polling stations visited, the vote count was again carried out in a
professional, transparent and orderly manner, and only few minor
procedural problems were observed. However, results protocols were
frequently not posted at the polling station, although the election law
requires this. The tabulation at BEJ level again seemed to be
professional and efficient, although in some instances minor
corrections to BESV results protocols had to be made.
This statement is also available in the Romanian language. However, the English version remains the only official document.
MISSION INFORMATION & ACKNOWLEDGEMENTS
The
OSCE/ODIHR Limited Election Observation Mission (LEOM) opened in
Bucharest on 28 October with 11 experts in the capital and 14 long-term
observers deployed throughout Romania. Vadim Zhdanovich is the Head of
the OSCE/ODIHR LEOM. Mission members are drawn from 17 OSCE
participating States. The OSCE/ODIHR LEOM wishes to thank the
authorities of Romania for the invitation to observe the elections, the
Central Election Bureau and the Permanent Election Authority for their
co-operation and for providing accreditation documents, and the
Ministry of Foreign Affairs and the Ministry of Administration and the
Interior for their assistance and co-operation. The OSCE/ODIHR LEOM
also wishes to express appreciation to other national and local state
institutions, election authorities, candidates, political parties and
civil society organizations for their co-operation.
For further information, please contact:
• Mr. Vadim Zhdanovich, Head of the OSCE/ODIHR LEOM, in Bucharest (+40–21–200 6747);
• Mr. Jens Eschenbächer, OSCE/ODIHR Spokesperson (+48–603–683 122); or Mr. Mats Lindberg,
OSCE/ODIHR Election Adviser, in Warsaw (+48–22–520 0600 or +48–691–980 559).
OSCE/ODIHR LEOM Address:
Union International Center, 4th floor
str. Ion Câmpineanu 11
Bucharest, Romania
Tel: +40–21–200 6747, Fax:
Email: office@odihr.org.ro
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