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Paragraph 56
 

Ascertaining of election results


[RT I, 21.06.2016, 1 - entry into force 01.07.2016]


(1) A simple quota shall be calculated for each electoral district, which shall be obtained by dividing the number of valid votes cast in the electoral district by the number of mandates in the district.
[RT I, 21.06.2016, 1 - entry into force 01.07.2016]


(2) A candidate in favour of whom the number of votes cast exceeds or equals the simple quota is elected.


(3) Mandates which are not distributed in the electoral district on the basis of a simple quota shall be distributed as list mandates between the political parties and election coalitions whose candidates collectively receive at least 5 per cent of the votes in the corresponding rural municipality or city.


(4) In order to distribute list mandates, the candidates shall be ranked in the lists of candidates in electoral districts according to the number of votes cast for each candidate. If at least two candidates receive an equal number of votes, the candidate who is further towards the bottom of the list shall be ranked ahead. The votes cast for candidates standing in the list of candidates of the same political party or election coalition in an electoral district shall be totalled.
[RT I, 21.06.2016, 1 - entry into force 01.07.2016]


(5) The list mandates shall be distributed using the d'Hondt distribution method with the distribution series of 1, 2, 3, 4, etc. In calculating the comparative figure for each political party or election coalition, as many first elements of the series shall be omitted as the number of mandates obtained by the political party or election coalition in the corresponding electoral district on the basis of the simple quota. If the comparative figures of at least two political parties or election coalitions are equal, the mandate shall be received by the political party or election coalition whose candidates were positioned further toward the bottom in the consolidated list of candidates.
[RT I 2008, 53, 293 - entry into force 17.12.2008]


(6) The candidate who is further towards the top of the list shall be given the list mandate in a list of candidates in an electoral district where the candidates are re-ranked (subsection (4)). Upon the distribution of mandates, the candidates who were elected on the basis of a simple quota shall be omitted.


(7) No political party or election coalition shall be given more mandates than there are candidates in the list of candidates in an electoral district.


(8) If a candidate of a political party or election coalition dies after the start of advance voting, the votes cast for him or her shall be retained by that political party or election coalition. If an independent candidate dies after the start of advance voting, the votes cast for him or her shall not be taken into account in the ascertaining of the election results.


(9) If only independent candidates are in the consolidated list of candidates in an electoral district, the candidates who receive the greatest number of votes shall be elected. If at least two candidates receive an equal number of votes, the candidate who was positioned further toward the bottom in the consolidated list of candidates in an electoral district shall be elected.


(10) If, after the distribution of mandates on the basis of a simple quota and as list mandates, some of the mandates have not been distributed, the candidates who receive the greatest number of votes from among the remaining candidates shall be elected.


(11) A rural municipality or city electoral committee shall prepare a record concerning the election results which shall be signed by the chairman of the committee. The date and time of preparation of the record shall be indicated therein.


(12) Election results shall be ascertained in a rural municipality or city electoral committee in public.
[RT I 2005, 47, 387 - entry into force 18.09.2005]