Distribution of Seats
111.1 Seats in the Assembly shall be distributed according to the system of representation established by article 64 of the Constitution of the Republic of Kosovo, by allocating:
a) one hundred (100) seats amongst all certified Political Entities in proportion to the number of valid votes received by them; and
b) twenty (20) seats guaranteed for representation of communities that are not in the majority in the Republic of Kosovo, as follows:
(i) Parties, coalitions, citizens' initiatives and independent candidates having declared
themselves representing the Kosovo Serb Community shall have the total number of seats won through the open election, with a minimum ten (10) seats guaranteed if the number of seats won is less than ten (10);
(ii) Parties, coalitions, citizens' initiatives and independent candidates having declared themselves representing the other Communities shall have the total number of seats won through the open election, with a minimum number of seats in the Assembly guaranteed as follows: the Roma community, one (1) seat; the Ashkali community, one (1) seat; the Egyptian community, one (1) seat; and one (1) additional seat will be awarded to either the Roma, the Ashkali or the Egyptian community with the highest overall votes; the Bosnian community, three (3) seats; the Turkish community, two (2) seats; and the Gorani community, one (1) seat if the number of seats won by each community is less than the number guaranteed.
111.2 The hundred (100) seats of the Assembly as described in article 111.1 (a) shall be allocated in the following manner based upon the total number of valid votes received by each Political Entity:
a) amongst Political Entities representing Albanian majority community who have won at least five percent (5%) from general number of total valid votes for Assembly elections and Political Entities of the Kosovo Serb and other non majority communities;
b) the total number of valid votes received by each Political Entity in the Assembly elections shall be divided by 1, 3, 5, 7, 9, 11, 13, 15, et seq. until the number of divisors used is equal to the number of seats;
c) the quotients resulting from this series of divisions shall be arranged in descending order. Seats shall be allocated to Political Entities according to the quotients, with the first seat going to the Entity with the largest quotient, the second seat going to the Entity with the next largest quotient, et seq. until all seats have been allocated;
d) if a Political Entity is allocated seats equal to the number of candidates on its list and there are still seats to be allocated to that Political Entity, then the remaining quotients of that Political Entity shall not be taken into account in allocating any remaining seats. Subsequent quotients in descending order shall be used until all seats are allocated.
e) if a tie occurs because two or more quotients are identical, the seat shall be allocated on the basis of a drawing of lots by the Chairperson of the CEC in the presence of the authorized representatives of the Political Entities concerned.
111.3 The twenty (20) reserved seats of the Assembly as described in point (b) of paragraph 1 of this Article shall be allocated to the Political Entities representing the Kosovo Serb community and other non majority communities in the same manner as described in article 111.2 of this Law, based on the total number of valid votes received by each Political Entity, irrespective of the number of seats already allocated from the hundred (100) seats.
111.4 All votes received by the candidates appearing on the open list of each Political Entity shall be counted separately. A vote cast for a Political Entity shall be considered as a vote received by the candidate ranking first on the Poltical Entity’s candidate list. The candidate lists shall then be reordered in descending order based on the number of votes received by each candidate.
111.5 The seats allocated to a Political Entity in paragraph 2 of this Article shall be distributed to the candidates on the Political Entity’s candidate list as reordered in paragraph 4 of this Article, starting from the first candidate on the list in descending order, until the number of seats allocated to the Political Entity is exhausted. Additional seats allocated to Political Entities representing the Kosovo Serb community and other non majority communities as in paragraph 3 of this Article shall be distributed to the subsequent candidates on the Political Entity’s candidate list reordered as in paragraph 4 of this Article.
111.6 If, after the allocation of seats as set out in paragraph 5 of this Article, the candidates of the minority gender within a Political Entity have not been allocated at least 30% of the total seats for that Political Entity, the last elected candidate of the majority gender will be replaced by the next candidate of the opposite gender on the reordered candidate list until the total number of seats allocated to the minority gender is at least
111.7 No person who is a member of another elected legislative body may take a seat in the Assembly. An Assembly member who is or becomes a member of another elected legislative body after he takes up his or her seat in the Assembly, shall forfeit his or her mandate in the Assembly.
111.8 A person whose mandate is forfeited under this article shall be replaced in accordance with the provisions of article 112 of this law.