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ANNEX № 5 TO ART. 453, PARA 1
 

METHODOLOGY FOR DETERMINING THE RESULTS OF THE VOTE AND THE ASSIGNMENT OF SEATS IN ELECTIONS FOR MUNICIPAL COUNCILLORS


I. General


1.1. The methodology used is the Hare - Niemeyer method for the assignment of seats in elections for municipal councillors.
1.2. Voting takes place in the municipalities .
1.3. Seats are assigned between the candidate lists of parties and coalitions and independent candidates.
1.4 Seats in candidate lists are personalised by preferential voting.


II. Independent candidates


2.1. An independent candidate is elected if he/she received a number of votes not less than the number of valid votes cast in the municipality, except those under Art. 438, Para 1, Item 7, divided by the number of councillors in the municipal council.


III. Participation of parties and coalitions


3.1. In the assignment of seats parties and coalitions take part that received votes not less than the votes necessary for the election of an independent candidate as per Section II


IV. Assignment of seats to parties and coalitions


4.1. In the assignment of seats candidate lists participate that received votes not less than the votes required for the election of an independent candidate as per Section 2.1.
4.2. Between candidate lists as per Section 4.1. M number of seats are distributed, where M is the number of councillors reduced by the number of the elected independent candidates as per Section 2.1 .
4.3. Each candidate list is assigned a number of seats by the Hare - Niemeyer method .
4.4. When the number of seats for a candidate list under item 4.3. is greater than the number of candidates on the list, the list is assigned as many seats as the number of candidates in it.
4.5. Seats under the provisions of Sections 4.3. and 4.4. are personalised by preferential voting.


V. Personalising seats


5.1. The elected candidates from each list of candidates of a party or coalition with an X number of seats won are determined by the number of received valid preferences under Art. 437, Para. 4 and 5 and the ranking of candidates on the list.
5.2. Preferences for a candidate from a candidate list shall be valid, if the number of votes hehas received is not less than 7 percent of the votes cast for the candidate list.
5.3. When there are no candidates as per the provisions of Section 5.2., ranking in the candidate list is preserved.
5.4. When there are candidates as per Section 5.2, 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. If there is equal number of preferences, order is determined by drawing lots. The remaining candidates in the candidate list retain their original arrangement in the list and are included in a list B.
5.5. Elected candidates are the first X from the lists as per Section 5.3 or 5.4.
5.6. Lists under section 5.3. or 5.4. are maintained in case of substitution due to suspension or termination of office of an elected candidate.