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Romania: Preliminary observations for the November 24 Presidential Elections (1st round)

Summary

The elections held on November 24 were competitive, and fundamental rights were generally respected. However, scheduling elections over three consecutive weeks failed to adequately separate the presidential elections from the parliamentary ones, leading to mutual influence between the two campaigns and creating significant organizational challenges. While electoral authorities generally managed the technical aspects of the process efficiently, the complexity caused by overlapping electoral periods proved difficult to handle. The electoral legislation lacked coherence in several stages of the process, and the insufficient regulation of certain situations further highlighted the urgent need for an Electoral Code. The results were surprising even for most high-profile political actors expected to reach the second round, as the visibility of candidate Călin Georgescu in the mainstream electoral landscape was very low. His campaign heavily relied on what was considered inauthentic promotion on TikTok and lacked proper funding, raising questions about its credibility.

The transparency of the electoral process was diminished by the Central Electoral Bureau’s decision to hold its meetings behind closed doors. While decisions and rulings were generally published promptly, it is regrettable that the minutes of these meetings remained confidential. Key information was primarily shared with the public through press releases. Several restrictive legal interpretations made by the bureau were contested, including by Vote Correct. In one instance, the Central Electoral Bureaus for the presidential and parliamentary elections interpreted the same legal procedures differently for each election. A restrictive decision by the bureau regarding the extension of voting hours on Saturday and Sunday was overturned in court on Friday—after overseas voting had already begun. This unprecedented situation resulted in voting rules being changed mid-process, further complicating the elections.

The arbitrary rejection of a candidacy by the Constitutional Court, citing reasons seemingly applicable to other candidates who remained in the race, and without allowing the rejected candidate to present her arguments, negatively impacted the inclusiveness of the candidate registration process and set a dangerous precedent. Additionally, public trust in the process was diminished by the widespread perception that this action aimed to favor another candidate with a similar electoral message. Concerns were also raised about the authenticity of signature collections for certain candidates who neither organized visible campaigns to gather these signatures nor appeared to have significant public support. Vote Corect could not observe the verification process for signatures at the Central Electoral Bureau (BEC) because it was not public, reducing transparency.

The overlap of the two electoral campaigns significantly limited the visibility of the parliamentary election campaign. Similarly, the presidential campaign lacked dynamism, with few meaningful debates. Controversies regarding the integrity of several candidates overshadowed discussions about candidates’ policies. Online promotion was heavily used, with unmarked propaganda actions—mainly on TikTok—becoming a notable feature. Public institutions failed to effectively counter campaigns that appeared to breach election and campaign financing laws. A lack of visible street-level campaigning during the official period, contrasted with significant expenditures on promotion outside this timeframe, reduced the effectiveness of campaign messaging and favored ruling parties. Excessively restrictive rules on street advertising (e.g., billboards) were noted, alongside numerous violations of campaign laws. Cases of continued campaigning on the Saturday before and even on election day were reported. Authorities were slow to act in instances where high-profile public figures continued campaigning, though private individuals faced sanctions for social media posts expressing political preferences, raising concerns about voter intimidation and unjustified interventions.

Campaign financing transparency was hindered by the Permanent Electoral Authority’s (AEP) failure to publish updates on candidates’ revenues and expenditures after November 8, without explanation. Data eventually published on November 25 revealed that one candidate, Călin Georgescu, reported neither income nor expenses, which appears implausible and raises questions about the accuracy of the declaration. The AEP was urged to conduct an urgent investigation, and ANCOM was called upon to investigate the TikTok campaign linked to Georgescu in collaboration with the European Commission. The persistent use of public subsidies for media and propaganda gave an advantage to parties benefiting from state funds well before the campaign officially began. Additionally, undeclared campaign financing was identified, including cases of Facebook Ads run by pages affiliated with political parties and indirect promotion of candidates through influencers, podcasts, or artists, with unclear contractual arrangements for these services.

Election days proceeded in an orderly and generally calm atmosphere, with voter turnout at 52.55%. Vot Corect observers positively evaluated the process in 97% of polling stations during opening and voting, and in 95% during the vote count. However, observers reported crowding in 22% of polling stations visited, tension in 4%, and the presence of unauthorized individuals in 5%. Although intentional falsification of results was observed in only two cases during the vote count, the process took place in a tense atmosphere in 14% of observed polling stations, and polling station presidents encountered difficulties completing protocols in 11% of cases. Numerous calls to the election day call center revealed that some voters in Bucharest were improperly denied the right to vote in the local referendum due to residency restrictions.

Following election day, Expert Forum filed a complaint requesting that the AEP investigate the campaign financing of Călin Georgescu and provide citizens with the necessary information to do the same. Shortly after, the website www.expertforum.ro suffered DDoS (distributed denial-of-service) attacks, a serious incident that raised additional concerns.

(December 1, 2024)
Romania

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