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§ 98
 

Assigning the seats to the regional candidates from the regional party lists in accordance with the preferential votes, enumerating the regional candidates who were not elected


(1) The seats reserved for the regional candidates of a party according to § 97 are to be distributed in accordance with the regulations set out in paras 3 and 4.


(2) For this purpose and on the basis of the preferential vote records of the district elections authorities (§ 90, para 4) and the ballot papers from the ballot paper envelopes submitted to them according to § 94, para 3, as well as the ballot papers from the ballot paper envelopes put aside according to § 94, para 1, the provincial elections authority determine the total number of preferential votes falling on each regional candidate, featuring on the ballot paper of the elected party list in the regional constituencies of the provincial constituency. § 91 is to be applied accordingly. The results of this proceeding are to be entered into a preferential vote record for each regional constituency.


(3) The seats to be distributed are to first be given to the regional candidates who have received at least half as many preferential votes as the election figure, or for whom the number of preferential votes received is equal to a sixth of all valid votes cast for this party in the respective regional constituency. The order in which the distribution of seats is done is determined by the number of preferential votes received by each regional candidate. It begins with the highest amount of preferential votes, followed by the next-lowest one. When more than one regional candidate is entitled to any one specific seat, the remarks on the order of the regional candidates made on the respective regional party list are decisive.


(4) The seats allocated to a party which cannot be distributed to regional candidates on the basis of preferential votes are to be given to regional candidates, following the order of their entry on the respective regional party list. The regional candidates who have already received a seat on the basis of the number of preferential votes received are not to be taken into consideration.


(5) Regional candidates who were not elected are to be taken into consideration when a seat on their list is finished. Paras 3 and 4 are to be applied accordingly. When the list is exhausted because of deletion or death (§ 111, para 4), the provincial elections authority competent for the appointment has to order the authorized recipient of the party that submitted the provincial list of candidates to make known within 14 days which of the candidates to be considered, appearing in the other regional party lists of the provincial elections proposal, is to be appointed by the provincial elections authority to the seat becoming vacant in the event seats become vacant.