Home > 3.2 Proportional systems > KOSOVO - Law No. 003/L-073 on General Elections and Amendments 2010
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Article 112

Replacement of Assembly Members

112.1 Seats allocated in accordance with the present Law are held personally by the elected candidate and not by the Political Entity. A member’s mandate may not be altered or terminated before the expiry of the mandate except by reason of:

a) the conviction of the member of a criminal offence for which he or she is sentenced to prison term as provided by the article 69.3 (6) of the Constitution;

b) the failure of the member to attend for six (6) consecutive months a session of the Assembly or the Committee(s) of which he or she is a member, unless convincing cause is shown as per Assembly Rules;

c) the member’s forfeiture of his or her mandate under article 29 of this Law;

d) the death of the member;

e) mental or physical incapacity as determined by final Court decision; or

f) the resignation of the member.

112.2 A member of the Kosovo Assembly the term of which ceases pursuant to article 112.1 shall be replaced as follows:

a) by the next eligible candidate of the same gender who won the greatest number of votes of the reordered candidate list of the Political Entity on whose behalf the member contested the last election;

b) if there is no other eligible candidate of the same gender on the candidate list, by the next eligible candidate who won the highest number of votes from the candidate list;

c) if there are no other eligible candidates on the candidate list, by the next eligible candidate on the candidate list of the Political Entity which had the next largest quotient of votes under the formula set out in article 111.4 of this Law in the most recent election of the same type; and

d) if the member is an independent candidate, by the next eligible candidate on the candidate list of the Political Entity that had the next largest quotient of votes under the formula set out in article 111.4 of this Law.

112.3 Upon a seat becoming vacant, the Speaker of the Assembly shall make a request in writing to the President for the vacancy to be filled. Such request shall include an explanation as to how the vacancy arose.

112.4 Upon receipt of a request under paragraph 3 of this Article, President shall, if the explanation provided is satisfactory, request the CEC to recommend the name of a person to fill the vacancy. The CEC shall, within five (5) working days of being requested to do so, provide the President with the name of the next eligible candidate under paragraph 2 of this Article.