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Article 88
 

Attribution of mandates



The Central Elections Commission in the registration order on the lists shall attribute the mandates to electoral competitors.



If the last non-attributed mandate has several claimants with the same number of votes, the Central Elections Commission shall attribute it by drawing of lots and shall draw up a protocol of this fact.



 If a political party, other social-political organization or an electoral bloc obtains a number of mandates greater than the number of candidates included in the lists, the surplus of numbers from the decreasing row of the respective formation shall be eliminated and replaced with the numbers from the decreasing row of other electoral competitors.



The candidates that were included in the list but have not been elected shall be declared subsidiary. The subsidiary candidate shall be declared as elected by the Constitutional Court if, for some reasons, a mandate belonging to the political party, social-political organization or the electoral bloc he represents becomes vacant. The subsidiary candidate may decline the mandate of deputy by lodging a statement with the Constitutional Court.



[Paragraph 4, article 88 as amended by the Law no.1107-XIV from 30.06.2000]

Note:  The phrasing “subsidiary candidates” introduced by the amendment brought to the Law no.480 from 02.07.1999 is declared unconstitutional by Constitutional Court Decision no.1 from 11.01.2000

[Paragraph 4, article 88 as amended by the Law no.480-XIV from 02.07.1999]

 



If after the unfolding of elections and attribution of mandates, the electoral competitor that submitted his/its list of candidates does not have subsidiary candidates, the vacant mandates shall pass to the next electoral competitors, according to the decreasing row set up at the mandates’ attribution.



[Paragraph 5, article 88 introduced by the Law no.1107-XIV from 30.06.2000]

[Paragraph 5, article 88 excluded by the Law no.480-XIV from 02.07.1999]

 



If the deputy’s mandate gained by the independent candidate became vacant, the completion of vacancy shall be performed by the restoration of the decreasing row by the Central Elections Commission, excluding the number that belongs to that candidate and including the next number from the row.