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Article 164
 

1. The mandate a deputy won in accordance with articles 162 and 163 of this Code may be interrupted only for the reasons provided for in article 71 of the Constitution. Preliminary individual or collective agreements or declarations to withdraw from a seat do not constitute reasons for the interruption of the mandate. In the case of letters “a” and “b” of point 2 of article 71 of the Constitution, the deputy declares publicly, in front of the respective Assembly’s committee, his refusal to take the oath or his withdrawal from the seat. In this case, the Assembly notifies the CEC of the creation of the vacancy within 30 days.


2. The interrupted mandate of a deputy or of a member of the municipal council is transferred to the next candidate on the list of the same political party in the respective electoral zone. As an exception to this rule, when the vacancy arises from an interrupted mandate won in accordance with point 6 of article 67, it is filled with the first candidate in the list belonging to the respective gender, regardless of the ranking in the list. The other names belonging to that gender go up in the list taking the ranking of the preceding candidate belonging to the same gender. This rule does not apply when the names from the respective gender have been exhausted.


3. The CEC decides on giving the mandate to the next candidate in the list of candidates registered in accordance with article 67 of this Code. The decision is notified to the candidate and published on the Official Journal. In the event the next candidate in the list fails to report to the Assembly within 30 days from the notification, without any justified reason, the mandate passes to the next candidate in the list, in accordance with the procedure specified in points 1 or 2 of this article. The same procedure is followed until the exhaustion of the list of candidates of the same political party.


4. When the list of candidates of a political party that is a member of a coalition is exhausted, the seat passes to the party of the coalition that has the largest quotient.
When the interrupted mandate belongs to a candidate proposed by the voters, the seat passes to the electoral subject with the largest quotient. When the interrupted mandate belongs to an electoral coalition, the seat is allocated to the party member of the coalition with the largest quotient.