Ascertaining of election results

(1) 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 in the district.

(2) A candidate in favour of whom the number of votes cast exceeds or equals the simple quota is elected.

(3) In the lists of candidates of those political parties in an electoral district whose candidates receive at least 5 per cent of the votes nationally, the candidates shall be ranked according to the number of votes cast for each candidate. The votes cast for candidates standing in the list of candidates of the same political party in an electoral district shall be totalled. A political party shall be given as many mandates as the number of times by which the number of votes it receives in the electoral district exceeds the simple quota. Mandates obtained pursuant to subsection (2) of this section are also deemed to be mandates of a political party. The number of mandates of a political party shall be increased by one if the remaining votes total at least 75 per cent of the simple quota. A political party shall also be given a mandate if the number of votes is at least 75 per cent of the simple quota. The candidates positioned further towards the top of the list for whom the number of votes cast amounts to at least 10 per cent of the simple quota are elected. If at least two candidates receive an equal number of votes, the candidate who is positioned further towards the top of the national list of candidates shall be elected.

(4) Mandates which are not distributed in electoral districts on the basis of a simple quota shall be distributed as compensation mandates between the political parties whose candidates receive at least 5 per cent of the votes nationally.

(5) The compensation mandates shall be distributed using a modified d'Hondt distribution method with the distribution series of 1, 20.9, 30.9, 40.9, etc. In calculating the comparative figure for each political party, as many first elements of the series shall be omitted as the number of mandates obtained by the political party in the electoral districts. If the comparative figures of at least two political parties are equal, the political party whose candidates are further towards the bottom of the consolidated list of candidates in the electoral district shall be given the mandate.

(6) The candidate who is positioned further towards the top of the list and for whom the number of votes cast amounts at least 5 per cent of the simple quota shall be given a compensation mandate in the national list of candidates. Upon the distribution of mandates, the candidates who were elected in electoral districts shall be omitted.

(7) If, upon the distribution of compensation mandates, it becomes evident that there are not enough candidates in the national list of candidates for whom the number of votes cast amounts at least 5 per cent of the simple quota of his or her electoral district, the candidate of the same list who has received the highest percentage of votes of the simple quota of his or her electoral district shall be given a compensation mandate. In the event of an equal number of votes, the candidate who is positioned further towards the top of the list submitted shall be given a compensation mandate.

(8) No political party shall be given more mandates than there are candidates in its list.

(9) If a resolution to register a candidate of a political party is revoked (subsection 32 (5)), the votes cast for him or her in a foreign state shall be retained by that political party. The votes of a candidate who dies after the start of the advance voting shall also be retained by the political party. If the registration decision of an independent candidate is annulled or an independent candidate dies, votes cast in favour of the candidate shall not be taken into account in the ascertaining of election results.

(10) The National Electoral Committee shall prepare a record concerning the election results which shall be signed by the Chairman of the Committee. The date and time of preparation of the record shall be indicated therein.

(11) Election results shall be ascertained in the National Electoral Committee in public. [RT I 2006, 30, 231 - entry into force 14.07.2006]