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Article 96
 

Assigning MP’s Seats


(1) The Central Electoral Commission shall assign the seats to candidates in line with the order in which they have been recorded in the lists.


(2) Candidates included in the lists of electoral competitors that surpassed the representation threshold referred to in Article 94, but have not been elected shall be declared as alternates. An alternate shall be declared as elected by the Constitutional Court, upon the request of the Central Electoral Commission, if, due to certain reasons, a seat belonging to a political party, to other social and political organization or to an electoral bloc becomes vacant. The alternate may refuse the offered seat, having filed a written application with the Central Electoral Commission to this end.


(3) If a political party, other socio-political organisation or an electoral bloc has obtained a number of seats that exceeds the number of candidates included in the list, this political party, socio-political organisation or electoral bloc shall receive a number of seats that is equal to the number of candidates included in the list.


(4) The remaining seats shall be assigned to other political parties, socio-political organisations or electoral blocs in the manner referred to in Article 95 (1). This procedure shall be applied as well when MP’s vacancies occur and the electoral competitor has no alternates or if became vacant the MP mandate obtained by an independent candidate.