Home > 3.2 Proportional systems > ROMANIA - Law no. 33 on the Rules and Regulations on the Elections to the european Parliament
 
 
 
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Article 21
 

- (1) The allotment of Members of European Parliament mandates shall be made, in keeping with the conditions provided for in Article 20, by the Central Electoral Bureau, as follows:


a) during the first stage, the Central Electoral Bureau determines the electoral threshold and the national electoral quotient and determines, in decreasing order, the number of validly cast ballots, the list of the political parties, organisations of citizens belonging to national minorities, political alliances, political alliances, electoral alliances and independent candidates that may be allotted mandates;


b) during the second stage mandates are distributed at the level of national constituency for the lists selected under the conditions provided for under point a) using the d'Hondt Method. The d'Hondt Method for the allotment of mandates consists in the distribution of the validly cast votes for each list and for the independent candidate, selected under the conditions provided for under point a) by 1, 2, 3, 4 … up to the total number of mandates to be allotted, and the hierarchical distribution of the quotients in decreasing order. The number of mandates allotted to each list separately corresponds to the total number of quotients related to each list included in the ordered series, until all the mandates are allotted; the allotment of mandates is made by the Central Electoral Bureau, in the order of entry of the candidates on the list; if there are not enough candidates on the list, mandates shall be allotted to the next political party, organisation of citizens belonging to national minorities, political alliance and electoral alliance having surpassed the electoral threshold;


c) the independent candidate who may be allotted at least one mandate shall be distributed one mandate, regardless of the number of mandates resulted from the calculation. In this case, the distribution of the other mandates shall be made, for lists or independent candidates, in keeping with the conditions provided for under points a) and b) and with the provisions of Article 20 (1);


d) if, by the hierarchical distribution of quotients, according to point b), two or more quotients are equal, the hierarchical distribution shall be made on the basis of the number of validly cast votes; if, under these circumstances as well, there is still a tie 40 result, the hierarchical distribution shall be determined by the entry order on the ballot paper.*


*Amended by G.E.O. no. 1/2007.


2) The statement of poll, drawn up according to the law, shall be signed by the president or by his/her deputy, as well as by the other members of the Central Electoral Bureau, in whose presence it has been drawn up. The absence of the signature of some members of the bureaux does not affect the validity of the statement of poll and of the elections. The president shall specify the reasons which prevented the signing thereof.


(3) The Central Electoral Bureau shall hand over to the elected candidates a certificate which ascertains the election.


(4) Following the receipt of the statements of poll from all the county bureaux, Bucharest Municipality district electoral bureaux or from the electoral bureau for the polling stations abroad, the Central Electoral Bureau shall conclude a statement of poll regarding the centralisation of votes and allotment of mandates as follows:


a) the total number of voters entered on the copies of the permanent electoral rolls and on the special electoral rolls (point a = point a1 + point a2), of which:


a1) the total number of voters entered on the copies of the permanent electoral rolls (point a1 >/ = point b1);


a2) the total number of voters entered on the copies of the special electoral rolls (point a2 >/ point b2);


b) the total number of voters entered on the electoral rolls that has come to the poll (point b = point b1+ point b2 + point b3), of which:


b1) the total number of voters entered on the copy of the permanent electoral rolls that has come to the poll;


b2) the total number of voters entered on the copy of the special electoral rolls that has come to vote; b3) the total number of voters entered on the additional electoral rolls that have come to vote;


c) the number of ballot papers received (point c >/ = point d + point e + point f);


d) the number of unused and rejected ballot papers;


e) the number of validly cast ballots (point e </ = point b – point f, point e = sum of validly cast ballots under point g);


f) the number of rejected ballots;


g) the number of validly cast ballots obtained by each list of candidates or by each independent candidate;


h) the number of validly cast ballots obtained by each list of candidates that reached the electoral threshold, and by each independent candidate who has reached the electoral quotient (in decreasing order of the number of validly cast votes);


i) the list of quotients calculated in accordance with the d'Hondt Method for each list of candidates that has reached the electoral threshold, and for each independent candidate who has reached the electoral quota;


j) the list of quotients sorted in decreasing order, calculated in accordance with the d'Hondt Method;


k) the number of mandates allotted to each list of candidates or to each independent candidate (in decreasing order of the number of mandates);


l) the list of members elected to the European Parliament;


m) the list of deputy members elected to the European Parliament.*


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*Amended by G.E.O. no. 11/2009.