Paragraph 39

 

39.  The allocation formula stated in Article 82 is the system commonly known as the d’Hondt method. This method is employed in a number of established democracies. However, Article 81 provides that mandates are only allocated to a candidate list if sufficient votes have been cast for that list to meet the threshold set out in the law (5 per cent of the “votes of voters who have voted”). It is not clear whether this 5 per cent is determined by referring to the number of signatures on the voter list, by counting the total number of ballot papers in the ballot boxes (valid or invalid) or by some other means. The OSCE/ODIHR and the Venice Commission recommend that Article 81 be amended to provide that the 5 per cent is of the total number of valid votes cast.