Assigning the seats to the candidates from the provincial party lists in accordance with the preferential votes, listing the unsuccessful candidates

(1) The seats reserved for the candidates of a party according to § 101 are to be distributed in accordance with the regulations set out in paras 3 and 4. Candidates who have already received a seat in the first counting procedure are not to be taken into
consideration.

(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 separated according to § 94, para 1, as well as the ballot papers from the ballot paper envelopes submitted to it by other provincial elections authorities according to § 94, para 3, the provincial elections authority determines the total number of preferential votes for each candidate featuring on the ballot paper of the elected provincial party list in the provincial constituency. § 91 is to be applied accordingly. The results of these determinations are to be entered into a preferential vote record.

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

(4) The seats allocated to a party which cannot be distributed to candidates on the basis of preferential votes are to be given to candidates, following the order of their entry on the respective provincial party list. The 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) Unsuccessful candidates are to be taken into consideration when a seat on their list is finished. Paras 3 and 4 are to be applied accordingly.