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Article 40
 

(Allocation of seats and announcement of the winning list or coalition of lists)



  1. The Central Electoral Office, on the basis of the reports of the polling stations, with the assistance, when necessary, of one or more experts chosen by the President, shall sum up the votes obtained by each list and by each candidate, according to the reports of all polling stations.

  2. The operation referred to in paragraph 1 shall determine: the number of votes of each list; the total of the votes of the list and of the votes of each candidate.

  3. The number of votes of the list results from the sum of valid votes received by the list in all polling stations. It is the basis to determine:


-       The admission of the list to the allocation of seats;


-       The number of seats of the Great and General Council to which each list is entitled.



  1. Each list shall be admitted to the seat allocation if it receives a number of votes equal or greater than 0.4% multiplied by the number of lists participating in the elections (up to a maximum of 3.5%) of the total number of valid votes.

  2. The number of votes of each candidate results from the sum of the number of votes of the list and the number of valid preferential votes obtained by the candidate in all polling stations, as counted by the electoral offices. The number of votes of each candidate shall determine the ranking of candidates within the same list. If candidates obtain the same number of votes, preference shall be given according to the following criteria:


-       Female candidate;


-       The longest serving Council Member;


-       The oldest candidate.



  1. The Central Electoral Office shall determine the number of votes of the coalition, by summing up:


a)   The number of votes of each of the lists belonging to the coalition, including lists which are not admitted to the allocation of seats according to paragraph 4 of this article;


b)   The votes cast in favour of the coalition, without any list being marked according to Art. 36, paragraph 1.



  1. The Central Electoral Office shall divide the total number of valid votes by 2, and add 1 to the quotient, rounded up to the next integer, where necessary. The result of this operation shall determine the minimum number of valid votes required to declare the electoral victory of a coalition or a single list. If no list or coalition of lists reaches the minimum number of required votes, victory shall be assigned to the list or coalition of lists which, having received the highest number of votes, reaches also 30 (thirty) of the 60 (sixty) valid quotients, as a result of the operations referred to in paragraph 9.

  2. If no list or coalition reaches the minimum number of valid votes, nor the 30 (thirty) quotients referred to in the previous paragraph, the Captains Regent shall call for a second round of voting on the second following Sunday, between the two lists or coalitions of lists that reached the highest number of votes.

  3. The result of the first round shall determine the allocation of seats to each list, according to the following rules:


-       The lists which are not eligible for the allocation of seats according to paragraph 4 of this article shall be excluded;


-       The number of votes of each of the lists eligible for seat allocation according to paragraph 4 of this article are successively divided by 1, 2, 3, 4, and so forth, until the number 60 (sixty), corresponding to the number of members of the Great and General;


-       Quotients thus obtained are ranked in descending order, from the highest to the lowest.


10. Seats of the Great and General Council shall be allocated, according to the operations described in paragraph 9, to the list or coalition of lists declared as winner for having reached the minimum number of votes according to paragraph 7 or, if this is not the case, for having reached the highest number of votes and the 30 highest quotients. If, according to the operations described in paragraph 9, the number of seats to which the winning list or coalition of lists is entitled is lower than 35, additional seats shall be allocated to the winner as a “stability reward”, in a number which is equal to the quantity of seats missing to reach the number of 35. The additional seats, allocated as a “stability reward”, shall be those corresponding to the lowest quotients according to the operations described in paragraph 9; those seats shall be removed from the lists which are different from the winning list or which are not part of the winning coalition, starting from the lowest quotients. If one list is entitled to more seats than its number of candidates, seats in excess shall be allocated to other lists within the same coalition, according to the descending order of quotients. Parliamentary groups that would fall below the minimum number of three Council Members as a result of the reallocation of seats due to the “stability reward” shall not lose the funding benefits referred to in Law No. 170, 23 November 2005.


11. If there is no need for a second round of voting, once the operations referred to above are concluded, the Central Electoral Office shall officially proclaim the elected Council Members, as well as the winning list or coalition of lists, which will receive the majority of seats and a possible “stability reward”.


12. In case of a second round of voting, the Central Electoral Office shall receive from the polling stations the reports containing the results of the counting of votes. It shall verify which of the two lists or coalitions of lists received the highest number of valid votes and allocate the seats according to previous paragraphs, and finally proclaim the elected Council Members, as well as the winning list or coalition of lists, which will receive the majority of seats and the “stability reward”.


13. The publication of the Regency Decree calling for the second round of voting shall open the election campaign, which shall terminate by 12:00 a.m. of the second day preceding the election day, according to Law No. 36, 14 March 1997, Art. 1, paragraph 1. The same lists admitted to the first round of the elections can participate in the election campaign. The appointment of Chairpersons of the polling stations and scrutineers, performed by the Electoral Commission according to Art. 23 of this law, shall remain valid for the possible second round of voting.