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1.3.2.2 Voting procedures
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BULGARIA - Election Code

ANNEX № 3 TO ART. 355

METHODOLOGY FOR DETERMINING THE RESULTS OF THE VOTE AND THE ASSIGNMENT OF SEATS IN THE ELECTION OF MEMBERS OF EUROPEAN PARLAMENT OF THE REPUBLIC OF BULGARIA

I. General

1.1. The methodology used is the method of Hare - Niemeyer for the assignment of seats in elections for Members of the European Parliament of the Republic of Bulgaria.

1.2. Voting takes place in the country, in appointed regions with the same territory as the multimandate electoral regions (MERs) in the latest elections for MPs, including abroad.

1.3. Seats are assigned between the candidate lists of parties and coalitions and independent candidates.

1.4. Seats for candidate lists are personalised by preferential voting.

II. Conditions for the election of an independent candidate

2.1. An independent candidate is elected after having received votes not less than the number of all valid votes, except those referred to in Art. 279, Para 1, Item 6, divided by the number E of Members of the European Parliament of the Republic of Bulgaria as of the election date. For the year 2014 the number E is 17.

III. Condition for the participation of a party

3.1. In the assignment of seats candidate lists participate that have received votes not less than the number as per Section 2.1.

IV. Assignment of seats by lists

4.1. Among candidate lists as per Section 3.1 an M number of proposals is assigned by the Hare - Niemeier method, wherein M is equal to E, reduced by the number of the independent candidates elected as per Section 2.1. A candidate list is full when the number of seats assigned to it equals the number of candidates in it.

4.2. Each candidate list is assigned fractional seats equal to the M number multiplied by the number of votes in the list and divided by the sum of the votes of all lists as per Section 3.1. Fractional seat is the sum of a whole unit (non-negative integer) and the residual (non-negative number smaller than 1).

4.3. Each candidate list is assigned a number of seats equal to all of the fractional seats plus up to an additional seat depending on the size of the residual.

4.4. If in all candidate lists the number of assigned seats as per Section 4.1 is smaller or equal to the number of candidates, the procedure is closed.

4.5. If a candidate list according to Section 4.1. has been assigned more seats than the number of candidates in it, it will finally be assigned as many seats as the number of candidates, and then is excluded. Full lists are also excluded. If all the lists are excluded, the procedure is closed.

4.6. From each list of candidates a number of unutilised seats remains, equal to the balance between seats assigned to it as per Section 4.1 and the number of candidates on the list. Unutilised seats shall be distributed among the remaining lists according to residuals. Lists that have not received

additional seats shall be arranged in order of decreasing residuals, for those with equal residuals lots are drawn. The first list to be assigned a seat is the one with the largest residual, the second - the one with the second largest residual etc. until the unutilised seats are distributed. If all unutilised seats are utilised or if all lists are full, the procedure is closed.

4.7. If, after following the procedure as per Section 4.6. there are unutilised seats, they will be assigned to the remaining unfilled lists with highest future values. One seat is assigned to the list with the highest future value (the number of votes divided by the sum of one and the number of seats on the list). The value of a seat for the lists is updated. If all unutilised seats are utilised or if all lists are full, the procedure is closed.

4.8. The procedure under Section 4.7. is repeated until all unutilised seats are utilised or until all candidate lists are full.

V. Personalising seats in candidate lists

5.1. Seats as per Section IV are personalised by preferential voting.

5.2. Elected candidates from each list of candidates of the party or coalition with a number of seats X won in the election are determined by the number of received valid preferences and ranking of candidates on the list.

5.3. Preferences for a candidate from a candidate list shall be valid, if the number of votes he has received is not less than 5 percent of the votes cast for the candidate list.

5.4. When there are no candidates as per the provisions of Section 5.3., the ranking in the candidate list is maintained.

5.5. When there are candidates as per Section 5.3, they are ranked according to the number of received preferences, starting with the candidate receiving the highest number of valid preferences. These candidates are removed from the candidate list of the party or coalition list and included in an A-list. When there is equal number of preference, the order is determined by drawing lots. The remaining candidates in the candidate list retain their original arrangement in the list and are included in list B.

5.6. The elected candidates are the first X candidates from the lists as per Sections 5.4 or 5.5.

5.7. Lists as per Sections 5.4. or 5.5 are maintained in case of substitution due to suspension or termination of office of an elected candidate