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Article 48
 

(1) After the receipt from the Central Electoral Bureau of the finding regarding the political parties, political alliances, electoral alliances and organisations of citizens belonging to national minorities that meet or do not meet the electoral threshold according to article 47 (2), the electoral bureaux of constituency shall proceed to the first stage of allotment by electoral competitor of the mandates of Deputy, of Senator respectively, at constituency level.


(2) The candidates and authorised persons shall have the right to be present at the works carried out by the electoral bureau of constituency.


(3) The electoral bureau of constituency shall set, separately for the Chamber of Deputies and the Senate, the electoral coefficient of the constituency, set as the complete part, not round, resulted from dividing the number of validly cast votes for all the electoral competitors who meet the provision stipulated in article 47 (2), including the validly cast votes for the independent candidates having obtained the majority of the validly cast votes in the uninominal college where they stood for election, by the total number of Deputies, Senators respectively, who are to be elected in the respective constituency.


(4) For each electoral competitor they shall divide the total number of validly cast votes obtained by totalising the validly cast votes in favour of all its candidates in the uninominal colleges under the jurisdiction of the constituencies with the electoral threshold, by retaining the complete part, not round, of the quotient. The result obtained shall constitute the number of mandates allocated by the electoral bureau of constituency to the electoral competitor at the level of the constituency in the first stage of allotment of the mandates. Each independent candidate shall be granted a mandate by the electoral bureau of constituency if they have obtained the majority of the validly cast votes in the uninominal college in which they stood for election.


(5) The votes remained, that is the unused ones or those inferior to the electoral coefficient, obtained by the electoral competitors meeting the provision stipulated in article 47 (2), as well as the mandates that could not be allocated by the electoral bureau of constituency shall be communicated by the latter to the Central Electoral Bureau, in order to be allocated by centralisation in the second stage, at national level.


(6) The Central Electoral Bureau shall totalise, on the entire country, separately for the Chamber of Deputies and the Senate, the neutralized votes and those inferior to the electoral coefficient of the constituency in all the constituencies, for each political party, political alliance or electoral alliance meeting the provision stipulated in article 47 (2); the number of the votes thus obtained by each political party, political alliance and electoral alliance shall be divided by 1, 2, 3, 4, etc., by making as many operations of division as how many mandates could not be allocated at the level of the constituencies; the quotients resulted from the division, calculated with 8 decimals, regardless of the electoral competitor from which they come, shall be classified in decreasing order, up to the number of undistributed mandates; the smallest of these quotients shall constitute the electoral coefficient on the country for Deputies and, separately, for Senators; each electoral competitor having met the provision stipulated in article 47 (2) shall be allocated as many mandates of Deputy or, as appropriate, of Senator, as how many times the electoral coefficient on the country is comprised in the total number of validly cast votes for the political party, political alliance or the respective electoral alliance, resulted from totalising on the country of the unused votes and of those inferior to the electoral coefficient of the constituency (the complete part, not round).


(7) The distribution of the mandates allocated on constituencies shall be made by the Central Electoral Bureau, as follows:


a) for each political party, political alliance or electoral alliance that meets the provision stipulated in article 47 (2), they shall divide the number of the unused votes and of those inferior to the electoral coefficient of the constituency, in each constituency, by the total number of these validly cast votes for that political party, political alliance or electoralalliance, remained unused at national level. The result thus obtained for each constituency shall be multiplied by the number of mandates due to the political party, political alliance or electoral alliance. The data obtained, calculated with 8 decimals, shall be decreasingly ordered at the level of the country, and decreasingly, separately, within each constituency. At two equal values, the separation shall be made depending on the total number of validly cast votes and the total number of the unused votes or of those inferior to the electoral coefficient at constituency level. For each constituency they shall take into account the first political parties, political alliances, or electoral alliances, within the limit of the mandates remained to be allocated in the respective constituency. The last number of this operation shall represent the distributing frame of the respective constituency. Then they shall proceed to the allocation of mandates on constituencies in the order of the political parties, political alliances, electoral alliances, as well as the constituencies in the list ordered per country, thus: the first number in the list ordered per country shall be divided by the distributing frame of the constituency from which it comes, resulting the number of mandates due in the respective constituency. Further on, they shall proceed identically with the following numbers in the list ordered per country. If the number of mandates due to a political party, political alliance or electoral alliance or those in a constituency comes to an end, the operation shall be carried on without them. If the number in the list ordered per country is less than the distributing frame of constituency, a mandate shall be granted;


b) if it is impossible to grant mandates in the order resulting from the implementation of the provisions of letter a), the Central Electoral Bureau shall have in view the constituency in which the political party, political alliance or electoral alliance has the largest number of candidates, and if in this case there still remained undistributed mandates on constituencies, the constituency in which the respective political party, political alliance or electoral alliance has the largest number of unused votes or votes inferior to the electoral coefficient of constituency;


c) if after the implementation of the provisions of letters a) and b) there still remained mandates undistributed on constituencies, the Central Electoral Bureau shall set them based on the agreement of the political parties, political alliances or electoral alliances to which these mandates are due, according to paragraph (4), and in the absence of an agreement, by drawing lots, within 24 hours of the termination of the previous operations.


(8) The electoral bureau of constituency shall carry out the allocation on uninominal colleges and grant the candidates the mandates, by taking into account only the electoral competitors having met the electoral threshold stipulated in article 47 (2), distinctly for the Chamber of Deputies and the Senate.


(9) In each uninominal college for the Chamber of Deputies, for the Senate respectively, a single mandate of Deputy, of Senator respectively, shall be granted.


(10) The mandate of Deputy and Senator shall be granted in two stages, at the level of the uninominal colleges and at the level of each constituency.


(11) In the first stage, at the level of the uninominal colleges, the candidates belonging to an electoral competitor having met the electoral threshold under article 47 (2) and who has obtained the majority of the validly cast votes in the uninominal college in which he stood for election shall be granted a mandate.


(12) In the second stage, of allocation on colleges and granting of mandates for the electoral competitors having met the electoral threshold, the electoral bureau of constituency shall draw up, separately, for the Chamber of Deputies and the Senate, an ordered list with all the candidates who were not granted mandates in the first stage, arranged in the decreasing order of the relations between the validly cast votes obtained in the uninominal colleges in which they stood for election and the electoral coefficient of the respective constituency, calculated up to the eighth decimal inclusive.


(12-1) The decision between 2 or more candidates having obtained identical results following the operations made under paragraph (12) shall be made based on the validly cast votes or, in case of equality, depending on the positions registered at the level of the polling stations.


(13) If for an electoral competitor the number of mandates allocated according to the provisions of paragraph (11) is larger than or equal to the number of mandates allocated to the respective electoral competitor in that constituency, calculated according to the provisions of paragraphs (3)–(7), this competitor will not be granted any mandate in the second stage stipulated in paragraph (12), and will retain the mandates allocated under the provisions of paragraph (11).


(14) For each electoral competitor having met the electoral threshold under the provisions of article 47 (2), form the number of mandates allocated in that constituency, calculated under the provisions of paragraphs (3)–(7), they shall subtract the number of mandates granted at the level of the uninominal colleges under paragraph (11), the result representing the number of mandates to be granted to each electoral competitor at the level of the constituency in the second stage of granting and allocation of mandates. The number of mandates resulted for each electoral competitor shall be allocated for their candidates in decreasing order depending of the positioning in the list stipulated in paragraph (12). If the following candidate to be granted a mandate in the ordered list stipulated in paragraph (12) belongs to an electoral competitor having already used the mandates due to it in that constituency or if a mandate was already granted in the uninominal college in which this one stood for election, they shall proceed to the next candidate in the ordered list, until all mandates are granted.


(15) If, following the granting of mandates in the two stages under the provisions of paragraphs (11)–(14), one or more electoral competitors having met the electoral threshold under the provisions of article 47 (2) was not granted the number of mandates due to it in that constituency, calculated under the provisions of paragraphs (3)–(7), they shall be granted as many mandates as up to this number. The mandates shall be allocated additionally to the candidates of the respective electoral competitors who are best placed in the ordered list stipulated in paragraph (12) who were not granted a mandate, in the uninominal college in which they stood for election, by accordingly increasing the number of mandates in the respective constituency, and by exception from the provisions of paragraph (9).


(16) In case of termination of the mandate of a Deputy or Senator, for the occupation of the vacant seat they shall organise by-elections at the level of the uninominal college in which the respective Deputy or Senator was elected, provided that these elections are to take place with less than 6 months prior to the term set for the parliamentary elections. The elections shall be organised by implementing the provision of the present title accordingly, within no more than 3 months of the publication in OJ, Part I, of the decision of the Chamber of Deputies or the Senate, as appropriate, by which they find the termination of a mandate of Deputy or Senator.


(17) By-elections shall be carried out in one ballot, and the best placed candidate shall be declared as winner.