Council of Europe - Venice Commission

CROATIA - Parliamentary Elections Act

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Article 40

The number of representatives to the Parliament elected from each electoral constituency slate shall be determined as follows:

– the total number of valid votes that each slate won (slate voter pool) is to be divided by the numerals from 1 to 14 conclusively, also taking into account the decimal places. Of all the results yielded, representative seats in the Parliament shall be won by those slates with the 14 numerically greatest results, decimal places included. Each of these slates shall win a number of representative seats in the Parliament corresponding to the number of individual results among the 14 numerically greatest results. The number of representatives elected from the slate shall be the number of mandates won by such slate,

– preferred votes for individual candidates are taken into account if the number of preferred votes of a particular candidate is at least 10% of the votes won by a particular slate,

– candidates elected from each slate are those who win the greatest number of preferred votes. Where two or more candidates win the same number of preferred votes, the deciding factor shall be the order on the candidate slate,

– if, pursuant to subparagraphs 2 and 3 of this Article, the number of representatives elected is not the number of mandates belonging to a particular slate, representatives are assigned to the remaining positions on such slate based on the order on the slate.

With Article 39 of the AAAERCSP (Official Gazette 53/03), which entered into force on 2 April 2003, Article 40 was amended.

With Article 10 of the AAAECSP (Official Gazette 145/10), which entered into force on 1 January 2011, Article 40.a was added; however, the said Article 10 of the AAAECSP (Official Gazette 145/10) was repealed pursuant to a Decision of the Constitutional Court of the Republic of Croatia of 29 July 2011 (Official Gazette 93/11).

With Article 24 of the Act on Amendments to the Act on the Elections of Representatives to the Croatian Parliament (Official Gazette 19/15), which entered into force on 25 February 2015, paragraph 40 was amended.