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Article 40
 

(1)The Electoral Commission shall establish the results of the elections and include them in separate minutes.


(2) Each electoral list shall be entitled to the number of mandates proportionally to the number of votes it has won.


(3) The Electoral Commission shall establish the number of mandates belonging to each electoral list.


(4) The distribution of mandates shall include electoral lists that have won the votes of at least 3% of the total number of votes cast.


(5) Political parties of national minorities and coalitions of political parties of national minorities shall participate in the distribution of mandates even if they have won less than 3% of the total number of votes cast, so that when the highest quotients system is applied to the distribution of the mandates, the quotients of all electoral lists of national minority political parties or coalitions of national minority political parties shall increase by 35%.


(6) A political party of a national minority, within the meaning of paragraph 5 of this Article, shall be the party for which the Electoral Commission has established that its main objective is to represent and advocate the interests of the national minority and to protect and improve the rights of members of the national minority, in accordance with international legal standards.


(7) Whether the submitter of an electoral list holds a status of a national minority political party or a coalition of national minority political parties, within the meaning of paragraph 5 of this Article, shall be subject to a special decision of the Electoral Commission issued when proclaiming the electoral list, at the proposal of the submitter of the electoral list that needs to be put forth when submitting the electoral list. The Electoral Commission may request an opinion of the competent National Council of the national minority on whether the submitter of the electoral list is a national minority political party or a coalition of national minority political parties.


(8) A submitter of the electoral list may have a status of a national minority political party, within the meaning of paragraph 5 of this Article, only if, according to the latest census, members of the national minority it represents live in the territory of the local self-government unit.