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Article 115
 

Summarization of Results of the National Assembly Proportional Elections

1. The Central Electoral Commission based on the data of the summarization protocols in constituencies, in the procedure and time frames established by Article 63 of this Code summarizes the election results, and takes one of the following decisions:

1) On the election of the deputies of the National Assembly by proportional system;

2) On recognizing the election to the National Assembly by proportional system as invalid;

2. Mandates envisaged for the National Assembly by proportional system are distributed among those party lists, which have received at least five per cent of the total of the number of the votes cast for party lists, running in the elections and the number of inaccuracies. In case only one party has received the five per cent of the total of the number of the votes cast for party lists and the number of inaccuracies, the two parties that have received the next maximum votes participate in the distribution of the mandates. If up to three parties run in the elections to the National Assembly by proportional system, then all the parties participate in the distribution of mandates.

3. Mandates envisaged for the National Assembly by proportional system are distributed among the party lists – proportional to the votes cast for them. The counting of the mandates to be distributed to each party list is done as follows: the number of votes cast for each list is multiplied by the number of mandates to be allocated to the lists, the result is divided by the total number of votes cast for the lists participating in the distribution of the mandates, and the integer numbers are separated, which are the numbers of mandates to be allocated to each list.

4. The rest of the mandates are distributed among the lists by the magnitude of residuals, on the principle of one mandate to each. In the event of the equality of the magnitude of residuals the disputed mandate is given to the list, which has received the biggest number of "yes" votes. In the event of their equality the matter is settled by drawing a lot in accordance with procedures established by the Central Electoral Commission.

5. The candidate, whose consecutive number in the list is small or equal to the number of mandates to be allocated to the given list, is considered elected by the list.

6. The mandate to be allocated to the candidate elected by proportional system, but who has been also elected by majoritarian system, shall be given to the next candidate on the list.

7. Elections to the National Assembly by proportional system are recognized as invalid, if such violations of this Code have taken place during the preparation and conduct of the elections, which could have influenced the election results.

8. Appeals related to disputes over the results of the National Assembly proportional elections can be adjudicated to the Constitutional Court of the Republic of Armenia within seven days after the results are officially announced.

9. Re-election will be held not sooner than 10 days and not later than 20 days after the decision on declaration of National Assembly proportional elections invalid comes into force, with the same number of parties, in compliance with the current Code.

(Amend. of March 23, 1999 LA-286; July 31, 2002 LA-406-P)