Home > 1.3.2.4 Aggregation procedure and election results > ESTONIA – Local Government Council Election Act
 
 
 
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Article 39
 

§ 39. Verification of election results

(1) Election results shall be verified by electoral district.

(2) If a candidate in a candidate list dies or is deleted from the list of candidates in the electoral district in the interim between the start of advance polls and election day or on election day, the votes in favour of him or her shall be retained by that list. Votes in favour of an independent candidate who dies or is deleted from the list of candidates in the electoral district shall not be taken into account in the verification of election results.

(3) A simple quota shall be calculated for each electoral district, which shall be obtained by dividing the number of valid votes cast in the electoral district by the number of mandates.

(4) A candidate in favour of whom the number of votes cast exceeds or equals the simple quota shall be elected.

(5) Mandates which are not distributed in the electoral district on the basis of a simple quota shall be distributed as list mandates among the candidate lists whose candidates collectively receive at least five per cent of the valid votes in the corresponding local government.

(6) In order to distribute list mandates, the candidates shall be ranked in the lists according to the number of votes received. If candidates receive an equal number of votes from the electors, the candidate who was positioned toward the bottom of the list of candidates in the electoral district shall be positioned ahead. The votes of candidates running in the same list shall be totalled.

(7) A modified d’Hondt distribution method with the distribution series of 1, 20.9, 30.9, 40.9, etc. shall be used in the distribution of list mandates.

(8) The number of valid votes in favour of each candidate list shall be divided by the distribution series. The list mandates shall be distributed on the basis of the comparative figures obtained. In calculating the comparative figure of each list, as many first elements of the series shall be omitted as the number of mandates distributed to the list in the corresponding electoral district on the basis of the simple quota.

(9) The list for which the comparative figures obtained are greater shall receive the list mandates.

(10) If, in the distribution of a mandate, the comparative figures are equal, the mandate shall be allocated to the list which received more votes from the electors. If the number of votes received is equal, the mandate shall be allocated to the list which was positioned further toward the bottom of the list of candidates in the electoral district.

(11) The candidates ranked further ahead in the list according to the number of mandates allocated to the candidate list shall be elected.

(12) If only independent candidates are in the list of candidates in an electoral district, candidates who receive the greatest number of votes shall be elected. If at least two candidates receive an equal number of votes, the candidate who is further toward the top of the list shall be elected. A candidate who does not receive any votes shall not be elected. If, after the distribution of mandates on the basis of a simple quota and as list mandates, some of the mandates fail to be distributed, the candidates who receive the greatest number of votes from among the remaining candidates shall be elected.

(16.06.99 entered into force 23.06.99 - RT I 1999, 54, 581)

(121) (Repealed - 16.06.99 entered into force 23.06.99 - RT I 1999, 54, 581)

(13) Rural municipality or city election committees shall prepare a standard format record concerning the election results.

(14) Verification of election results shall be public.