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Article 38

The Central Election Commission shall determine which candidates have been elected in each constituency. Lists of candidates bearing the same name that have received less than five percent of the total number of votes cast in all constituencies, regardless of the number of constituencies for which these lists of candidates have been nominated, shall be excluded from the allocation of seats in the Saeima. The number of valid ballot envelopes shall be regarded as the total number of votes cast (the total number of voters taking part in the election).

(2) The following procedure for allocating seats in the Saeima among the remaining lists of candidates shall be applied:

1)  the number of valid ballot papers cast for each list of candidates in each constituency shall be counted;

2)  the number of ballot papers cast for each list of candidates shall be divided by odd numbers — 1, 3, 5, 7 and so forth –– until the number of the division equals the number of candidates nominated on the list of candidates;

3)  all the quotients concerning all the lists of candidates in a constituency shall be numbered in descending order;

4)  within a constituency the lists of candidates that have the highest division results shall win seats in the Saeima. If the quotient, the order number of which is equal to the number of seats determined for the constituency, coincides with one or several consecutive quotients, the list of candidates that has received the largest number of votes in all constituencies shall win an additional seat. If lists of candidates have been registered in only one constituency, the seat shall be won by the list of candidates which was registered first.

(As amended by the 26 March 1998 Law and the 27 May 1998 Law)