38 TEODOR MANEA
punishable with a term of 3 months to 2 years of incarceration or with a fine and
the ban on certain rights.
The infraction is known in its standard variety, as it is described in the first
paragraph of the law, as well as in its assimilated variety, regularized in the second
paragraph; and we choose to first analyze the standard variety, leaving for later the
analysis of the assimilated variety and only there where it is necessary.
The juridic subject matter of this infraction is made out of the social relations
pertaining to the scrupulous carrying out of the voting process. As we have
mentioned before, this is essential for the manifestation of the democratic system
as a working ensemble. The regulation of these issues is very important, especially
taking into consideration that the result of the poll is more often than not very close
and there is tremendous public pressure from from both the political interests and
the electorate. Public trust in the content of the ballot box must be intact5.
The employment of the ballot bax is a complex one. For example, under law
35/2008, each polling station is obliged to have in its administration sufficient
ballot boxes adequately marked for each voting category, as well as a special ballot
box (art. 41). 35/20086.
The ballot boxes, which are provided by the mayor of the township, town,
municipality and subdivisions of the municipality and the (prefect) chief
commissioner, must be placed in the same room with the office of the president of
the elective office of the polling station (art. 41 paragraph 2). The ballot boxes are
handed together with the materials needed for the voting process by the mayor to
the president of the elective office of the polling station on the strength of a
recording of proceedings, and from that moment on are kept under guard and key
under the authority of the president of the elective office (art. 41 paragraph 7). For
technical reasons the voting process can be suspended. During this period the
ballot boxes will be constantly guarded (art. 42 paragraph 18). The president of the
elective office can approve, upon written request received from untransportable
constituents due to illness or disability with medical or official documents proving
this state attached to the request, that a team made out of at least two members of
the elective office to travel with a special ballot box and the necessary documents –
the seal with the „VOTED” stamp and the ballot papers – to where the constituent
so as the process of voting be possible. Within the authority of a polling station
there is only one special ballot box. The special ballot box can be transported solely
5 A. Gorghiu, Infrac̲iuni contra drepturilor electorale, Ed. Universul Juridic, Bucureşti, 2012, p. 169.
6 Law nr. 35/2008 for the elections of the members of the Chamber of Deputies and The Senate and
for the modification and addition of Law nr. 67/2004 for the election of local public administration
authorities, of the Local Public Administration Law nr. 215/2001 and Law nr. 393/2004 regarding the
legal statute of local elected authorities, The Official Gazette of Romania nr. 196/13.03.2008, with
subsequent modifications and additions. We chose this text because out of all the text in exercise at this
point it is the most complete and clear. The procedure is provided for in a similar way in the rest of the
special laws, the differences are minor and do not chance in any way our present analysis. For example,
one difference is in the hours between which the electoral process takes place.