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Article 144
 

Allocation of Councillors Seats


(1) The councillors’ seats in district, town (municipality), sector or village (commune) councils shall be assigned by the respective District Electoral Councils.


(2) Seats in the council shall be allocated to political parties, to other socio-political organisations and to electoral blocs by dividing the number of valid votes cast for each party, other socio-political organisation and electoral bloc by 1, 2, 3, 4... etc., up to the figure that corresponds to the number of seats established for the respective constituency.


(3) From the results of all the divisions and the number of valid votes cast for independent candidates, they shall select in descending order as many numbers as per the number of seats to be allocated in the constituency. The number of mandates assigned to a political party, other socio-political organisation, or electoral bloc depends on the quantity of numbers contained in that descending range.


(4) An independent candidate shall be considered elected if the number of votes cast for him/her fits within the series of selected numbers in descending order.


(5) Council seats shall be allocated to candidates running for council in the order of their registration on the lists, beginning with the list which received most votes.


(6) If there is more than one candidate with the same number of votes for the last non-allocated seat, the District Electoral Council shall allocate the seat by drawing of lots. This fact shall be recorded in the Protocol.


(7) If a political party, other socio-political organisation, or electoral bloc is allocated a number of mandates exceeding the number of candidates on its list, the extra number selected in descending order from the respective organisation shall be eliminated and replaced by a number selected in descending order of other candidates.


(8) If only independent candidates run for councils, the District Electoral Council shall draw up a list with the number of votes cast for the candidates in descending order and allocate each candidate one mandate until the mandates are exhausted.


(9) Candidates included in the lists but not elected shall be declared alternates. When a council mandate belonging to a party, other socio-political organisation, or electoral bloc becomes vacant before the end of term, it will be allocated to one of the alternates of the respective party, socio-political organisation or electoral bloc, in the order of their inclusion in the list. If the list of alternates is exhausted, the replacement of the vacant seat is done by restoring the descending order excluding the number of the respective candidate and including the number following in the range.


(10) If the seat allocated to an independent candidate becomes vacant, the vacancy shall be completed by restoring the descending order, excluding the number belonging to the respective candidate and including the number following in the range.


(11) If only independent candidates are included on the ballot papers, in the event of a vacant seat, the alternate candidate is allocated the seat under paragraph (10) of this Article. 


(12) Seats to alternates shall be allocated by the Central Electoral Commission, pursuant to this Article, to the Regulation on the procedure of cancelling and validating the mandates of councillors, approved by the Central Electoral Commission decision and based on documents held by the Central Electoral Commission.