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Article 115
 

Summarization of Results of National Assembly Elections under Proportional System

 

1. Based on summary protocols on election results in electoral districts, the Central Electoral Commission shall summarize the election results in accordance with procedures and within the timeframe set out in Article 63.2 of this Code and adopt one of the following decisions:

1) on electing MPs under proportional system;

2) on declaring the National Assembly elections under proportional system invalid. If none of the above decisions is taken in accordance with procedures defined by this Code, then the decision, for which the largest number of commission members have voted, shall be considered taken. In the case if the number of votes is equal, the Commission Chairman shall have the decisive vote.

2. National Assembly mandates for the proportional system shall be distributed among electoral lists of parties and party alliances that have received at least 5 (in the case of parties) and at least 7 percent (in the case of party alliances) of the sum of the total number of valid votes and the number of inaccuracies, respectively. If only one party’s or party alliance’s electoral list received at least 5 and 7 percent of the sum of the total number of valid votes and the number of inaccuracies, respectively, then two parties (party alliances) that have received the next highest number of votes shall also participate in the distribution of mandates. If up to three parties (party alliances) run in

National Assembly elections under proportional system, then all the parties (party alliances) shall participate in the distribution of mandates.

3. National Assembly mandates for the proportional system shall be distributed between party (party alliance) electoral lists proportionately to the number of ballots cast for those lists. The number of mandates for every party (party alliance) electoral list shall be calculated as follows: the number of ballots cast for each list shall be multiplied by the number of mandates available for electoral lists, then the product shall be divided by the total number of ballots cast for all electoral lists contesting the mandates. Then the whole number (without fractions) shall be separated, and this shall be the number of mandates for each electoral list.

4. The remaining mandates shall be distributed among electoral lists by the magnitude of the remainder (fraction), with the principle of one mandate to each. If the remainders are equal, the contested mandate shall be given to the list that received a higher number of ballots cast for them; if that number is equal, the matter shall be settled by drawing a lot, in accordance with procedures established by the Central Electoral Commission.

5. Candidates, whose consecutive number in the party (party alliance) electoral list is smaller or equal to the number of mandates to be given to that list, shall be considered elected by the party’s (party alliance’s) electoral list.

6. If a candidate elected to the National Assembly under proportional system has also been elected under majoritarian system, then his or her mandate shall be given to the candidate who is next in the electoral list.

7. National Assembly elections under proportional system shall be considered invalid, if violations of this Code have occurred during the preparation and conduct of elections, which may have influenced the outcome of the election.

8. Disputes regarding the results of National Assembly elections under proportional system may be taken to the Constitutional Court within seven days of the official announcement of election results.

9. In the case if National Assembly elections under proportional system are declared invalid, re-voting with the same parties (same composition) and in accordance with procedures established by this Code shall take place not earlier than 10 and no later than 20 days after the decision on declaring the elections invalid enters into effect.