Locations Affected: Romania
In an unprecedented decision, the Romanian Constitutional Court annulled the result of the first round of Presidential election voting on 06 December, just a few days before the second voting round, citing Russian interference. The Presidential election had been held on 24 November, with a second round planned for 08 December, as no candidate secured an absolute majority in the first round.
Previously, the court had called for a recount of votes following allegations that the social media platform TikTok was biased towards Călin Georgescu, the winner of the first round. Georgescu, an almost unknown candidate with no party affiliation, campaigned primarily on TikTok. The platform has denied claims of preferential treatment towards him.
A day before the decision, hundreds rallied against Georgescu and in favour of Elena Lasconi, who secured the second-highest number of votes in the first round and indicated pro-western policies during his campaign.
Reason for the Annulment
The decision followed the declassification of intelligence documents that suggested Călin Georgescu, who has previously praised Russian President Vladimir Putin and pledged to end Romania’s support for Ukraine, benefitted from a foreign mass influence operation to interfere with the vote. Documents from the Romanian Intelligence Agency reportedly detailed more than 85,000 attempted cyberattacks on election websites and IT systems. The United States’ (US) State Department also raised concerns about an interference on 11 December, warning of potential negative impacts on US security cooperation with Romania.
Impact of the Annulment
- The decision was based on Article 146(F) of the Constitution concerning the legality and correctness of the presidential election.
- According to the law, if an election is cancelled, it should resume on the second Sunday after the annulment. Thus, the elections should have resumed on 22 December. However, the court has directed the government to redo the entire electoral process, including the electoral campaign.
- Georgescu might attempt to run again for president, but it is unclear whether this will be allowed. He has also announced plans to file a complaint with the Supreme Court, though there is no legal route to challenge the Constitutional Court’s ruling.
- Current President Klaus Iohannis confirmed during an address on 06 December that he would remain in office until the election of a new president.
- President Iohannis also stated that evidence from secret intelligence services indicated interference by both state and non-state actors in the election, accusing Russia of a series of hybrid attacks.
- The United States has endorsed the findings showing Russian involvement.
Way Ahead Following the Court’s Decision
Romania is one of the most significant Eastern European countries for the European Union and North Atlantic Treaty Organization (NATO), as well as a critical neighbour to Ukraine. Georgescu’s victory had raised concerns about a potential pivot toward Russia. The annulment will lead to
political parties restarting their campaigns. The proceedings have also created uncertainty among voters regarding the integrity of the electoral process.
No new date for the election has been set. Both Georgescu and Lasconi have condemned the court’s decision. Meanwhile, a criminal investigation into the cyberattacks mentioned in the intelligence documents is underway. The European Parliament has summoned TikTok for questioning over its content moderation practices. Additionally, some parties have called for the annulment of the parliamentary election held on 01 December, citing the hybrid attacks that impacted the presidential election.
Measures to restore voter trust in the electoral process and identify and prosecute those responsible for interfering with the election are expected before a peaceful and fair transition of power can be achieved in the country.