Assignment of seats in Provincial Deputations

1. After constitution of all local councils in the whole province the Judiciary District Electoral Commission shall immediately draw up a list of all political parties, coalitions, federations and each grouping of electors having obtained at least one local councillor in each judiciary district, said list being arranged in descending order of the aggregate votes polled by each of them. 

The process of constitution of Provincial deputations shall be postponed until final determination of all electoral petitions previously lodged against proclamation of local councilors elected to the province’s local councils.

Where new elections must be called for any local council in a province, either because no candidature was presented or because the election has been totally or partly voided as a result of electoral petitions, the constitution of the Provincial Deputation shall not however be postponed.

Provided that where the holding of by-elections (elecciones parciales) causes an alteration in the assignment of seats in the Provincial Deputation, the District Electoral Commissions must undertake all necessary reassignment operations.

2. For the purposes of the preceding subsection in localities with less than 250 inhabitants referred to in Section 184 of this Act the number of seats to be taken into account for each list of candidates shall be obtained by multiplying the aggregate votes polled by each of its members by the number of candidates making up the list up to a maximum of four. Resulting fractions shall be rounded down to the next lower unity.

3. On completion of the aforesaid operation the Judiciary District Electoral Commission shall assign the corresponding seats to parties, federations, coalitions and every electors’ grouping in each district by the procedure provided in Section 163, according to the aggregate votes polled by each political formation or grouping of electors.

4. Where by virtue of the preceding subsection two or more parties, coalitions, federations or electors’ groupings should have the same quotient, the vacancy is to be allotted to the formation having polled the most votes and in the event of a tie, to the one with a greater number of local councillors in the district and failing this, by drawing lots.

 1 2ND AND 3RD PARAGRAPH ADDED BY SECT. 59 OF INSTITUTIONAL ACT 2/2011.
 2 AS AMENDED BY SECT. 60 OF INSTITUTIONAL ACT 2/2011.