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Paragraph 67
 

Clause (4) of Article 84 permits political parties who are members of a coalition to enter into an agreement that contains “the formula for defining the “final ranking” of multi-name list candidates”.  It does not seem possible that there should be a formula for “final ranking”, as the “final ranking” should be the order of the names on the multi-name list that is submitted to the CEC.  However, this concern is reinforced by clause (3) of Article 86, which provides that the “names on the multi-name lists that have been certified may not be changed.”  However, since clause (3) of Article 86 fails to state that the “order of names” may not be changed, and as clause (4) of Article 84 recognizes a “formula” for defining the “final ranking” of multi-name list candidates, the concern is raised that these articles allow for coalition party members to change the order of allocation and re-order the ranking of lists previously submitted to the CEC.  This concern is reinforced by the fact that Article 77 (local government elections) specifically states that “the candidates of parties or coalitions are elected to the local councils according to the order of the respective multi-name list” and Article 68 (compensatory mandates for Parliament) does not have a similar requirement.