Home > 1.3.2.4 Aggregation procedure and election results > ROMANIA - Law no. 208/2015 on the election of the Senate and the Chamber of Deputies, as well as on the organisation and functioning of the Permanent Electoral Authority
 
 
 
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Article 94
 

(1) After receiving the files referred to in Article 93, the constituency electoral bureau shall draw up, separately for the Senate and for the Chamber of Deputies, the minutes including the total number of votes validly cast for every political party, political alliance, electoral alliance and independent candidate, that it shall remit within 24 hours to the Central Electoral Bureau.


(2) After receiving the minutes drawn up by the constituency electoral bureaus, according to paragraph (1), the Central Electoral Bureau shall determine the political parties, political alliances, electoral alliances and organisations of citizens belonging to national minorities that reach the electoral threshold, separately for the Senate and for the Chamber of Deputies. The electoral threshold represents the minimum number of votes validly cast necessary for parliamentary representation, calculated as follows: a) 5% of the total number of votes validly cast at national level or 20% of the total number of validly cast votes in at least four electoral constituencies for all electoral competitors; b) in the case of political alliances and electoral alliances, 3% of the votes validly cast at national level shall be added to the 5% threshold referred to in point (a), for the second member of the alliance, and, for each alliance member, starting with the third member, one percent of the votes validly cast in all electoral constituency shall be added to the threshold, without exceeding 10% of these votes.


(3) The electoral threshold is equal to the non-rounded integer, without decimals, resulting by multiplying the percentage points established according to point (a) of paragraph (2).


(4) After receiving, from the Central Electoral Bureau, the confirmation concerning the political parties, political alliances, electoral alliances and organisations of citizens belonging to national minorities having reached and those having not reached the electoral threshold, the constituency electoral bureau shall allot the Deputy mandates, respectively those of Senator. The candidates and the accredited persons are entitled to attend the works of the constituency electoral bureau.


(5) Mandate distribution shall be done by taking into consideration only those political parties, political alliances, electoral alliances and organisations of citizens belonging to national minorities, having reached the electoral threshold stipulated under paragraph (2), distinctly for the Senate and for the Chamber of Deputies, as well as the independent candidates having obtained a number of votes at least equal with the electoral quotient of the constituency in which they stood as candidates.


(6) The distribution and allotment of the mandates of Deputy and Senator shall be carried out in two stages: at the level of each electoral constituency and at national level:


a) at the level of the electoral constituency, the electoral bureau shall establish, separately for the Senate and for the Chamber of Deputies, the electoral quotient of the constituency, by dividing the total number of votes validly cast for all the lists of candidates of the political parties, political alliances, electoral alliances and organisations of citizens belonging to national minorities meeting the condition referred to in paragraph (2) and for the independent candidates by the number of Deputies, respectively of Senators, to be elected in that electoral constituency; the electoral quotient is the non-rounded integer, without decimals, resulting from this division;
b) every list shall receive as many mandates as the number of times the electoral quotient of the electoral constituency is included in the number of votes validly cast for that list;
c) the allotment of the mandates shall be done by the constituency electoral bureau, in the order of registration of the candidates on the list;
d) independent candidate shall receive a mandate each, if they obtained a number of votes validly cast at least equal with the electoral quotient for Deputies or for Senators, where appropriate; the independent candidates shall take part in the distribution of the mandates only in the first stage, that at the level of the constituency; an independent candidate can receive only one mandate;
(e) the votes remaining, i.e. unused or below the electoral quotient, obtained by the lists of candidates of the political parties, political alliances, electoral alliances and organisations of citizens belonging to the national minorities meeting the condition in paragraph (2), as well as the mandates that could not be allotted by the constituency electoral bureau shall be notified by it to the Central Electoral Bureau, for a centralised distribution.


(7) The Central Electoral Bureau shall total, separately for the Senate and for the Chamber of Deputies, the unused votes and those below the constituency electoral quotient in all electoral constituencies, for every political party, political alliance, electoral alliance and organisation of citizens belonging to the national minorities meeting the condition in paragraph (2); the number of votes thus obtained by each political party, political alliance and electoral alliance shall be divided by 1, 2, 3, 4, etc., the number of divisions being equal with the number of mandates that could not be allotted at the level of the electoral constituencies; the decimal value of the quotient obtained from this division shall be truncated after the 15th decimal, without rounding; the quotients resulting from the division, regardless of the list from which they result, shall be classified in decreasing order, up to the number of mandates non allotted; the lowest such quotients shall represent the national electoral quotient, for Senators and, separately, for Deputies; every political party, political alliance or electoral alliance shall receive as many mandates of Deputies or, where appropriate, of Senators, as many times as the national electoral quotient is included in the total number of the votes validly cast for the respective political party, political alliance or electoral alliance, resulting from the national total of the votes unused and of those below the constituency electoral quotient.


(8) The Central Bureau shall distribute the mandates allotted by electoral constituencies as follows:


a) for every political party, political alliance, electoral alliance or organisation of citizens belonging to national minorities, which received mandates according to paragraph (7), the number of unused votes and of those below the constituency electoral quotient, in every electoral constituency, shall be divided by the total number of the votes validly cast for that political party, political alliance or electoral alliance taken into consideration when distributing the national mandates; the result thus obtained for every constituency shall be multiplied by the number of mandates that the political party, political alliance, electoral alliance or organisation of citizens belonging to national minorities is entitled to; the data obtained shall be ordered decreasingly, at national level, and, separately, decreasingly, within each constituency; in the constituencies where, following the computations performed, no clear delineation between two or more political parties, political alliances, electoral alliances, organisations of citizens belonging to national minorities, can be made in order to determine the divider for the respective constituency, the delineation for the decreasing ordering shall be done considering, first, the number of votes remained unused in the respective constituency, then the number of votes validly cast in the constituency, then the number of votes validly cast at national level and, finally, if none of the previous criteria leads to a clear delineation, by random draw, organised by the Central Electoral Bureau; for every constituency, the first political parties, political alliances, electoral alliances or organisations of citizens belonging to national minorities shall be taken into consideration, within the limit of the mandates to be distributed in the respective constituency; the last number in this operation shall represent the distributor for that constituency; next, the mandates shall be distributed by constituencies in the order of the political parties, political alliances, electoral alliances, as well as of the constituencies in the list sorted at national level, as follows: the first number in the list sorted at national level shall be divided by the divider of the constituency from which it originates, thus giving the number of mandates to which it is entitled in the respective constituency; next, the procedure is identical for the following numbers in the list sorted at national level; if the number of mandates that should be allotted to a political party, political alliance, electoral alliance or organisation of citizens belonging to the national minorities or in an electoral constituency is exhausted, the operation shall continue without them; if the number in the list sorted at national level is below the constituency divider, a mandate shall be allotted;
b) if a distribution of the mandates is not possible in the order resulting from the implementation of the provisions of point (a), the Central Electoral Bureau shall consider the electoral constituency where the political party, political alliance, electoral alliance or organisation of citizens belonging to the national minorities has the highest number of candidates or a candidate, which did not receive any mandates, and if, consequently, there are still remaining mandates that have not been distributed by constituencies, the electoral constituency where the political party, political alliance, electoral alliance or organisation of citizens belonging to national minorities has the highest number of unused votes or the highest number of votes below the constituency electoral quotient;
c) if, after the implementation of the provisions of points (a) and (b), there are still mandates remaining that have not been distributed by constituencies, the Central Electoral Bureau shall establish them based on the assent of the political parties, political alliances or electoral alliances that are entitled to these mandates, according to paragraph (4), and, in the absence of an assent, by random draw, within 24 hours from the closing of the previous operations.


(9) The mandates distributed by lists of candidates, according to paragraph (8), shall be allotted to the candidates by the constituency electoral bureau, in the order of their registration on the list.


(10) The constituency electoral bureau shall issue the certificate proving the election of the Senators and Deputies having received mandates, within 24 hours from the closing of each allotment procedure.


(11) If the organisations of citizens belonging to national minorities choose to submit the same list of candidates in all electoral constituencies, the mandate of Deputy shall be obtained, in the order of registration, by the candidate registered on the list of the organisation of the respective national minority.


(12) The mandate referred to in paragraph (11) shall be allotted at national level by the Central Electoral Bureau for each national minority, according to Article 56, to the organisation of the respective minority having obtained the highest number of votes validly cast at national level.


(13) The candidates registered on the lists who have not been elected shall be declared substitutes of the respective lists. In case of vacancy of the mandates of Senators or of Deputies elected on the lists of candidates, the substitutes shall occupy the seats become vacant, in the order of their registration on the lists, if, until the date of validation of the mandate for filling the vacant seat, the political parties or the organisations of citizens belonging to national minorities for which the substitutes ran as candidates shall confirm, in writing, under the signature of the management bodies of the political parties or organisations of citizens belonging to national minorities, that the substitutes are members of the respective political party or organisation of citizens belonging to national minorities.