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Article 141
 

Summarisation of results of elections of the councils of elders of communities held through the proportional electoral system



1.The Central Electoral Commission shall, in the manner and within the time limit prescribed by Article 75 of this Code, summarise the results of election of the Council of Elders of Yerevan and adopt any of the following decisions:  




(1)on the Council of Elders of Yerevan being elected; 




(2)on calling a repeat voting in separate electoral precincts; 




(3)on declaring elections of the Council of Elders of Yerevan as invalid and on calling a repeat voting for the elections of the Council of Elders;  




(4)on declaring elections of the Council of Elders of Yerevan as invalid and on calling new elections.  




(5)on declaring the elections of the Council of Elders of Yerevan as void and on calling new elections. 




2.The constituency electoral commission shall, as prescribed by Article 74 of this Code, summarise the results of elections of the councils of elders of communities (except for Yerevan) on the 7th day after the voting day and adopt any of the following decisions:  




(1)on the councils of elders of the relevant communities being elected; 




(2)on calling a repeat voting in separate electoral precincts; 




(3)on declaring elections of the councils of elders of the relevant communities as invalid and on calling a repeat voting for the elections of the councils ofelders; 




(4)on declaring elections of the councils of elders of the relevant communities as invalid and on calling new election. 




(5)on declaring elections of the Council of Elders of the relevant communities as void and on calling new elections. 




3.Mandates of the members of Council of Elders shall be distributed among the electoral lists of those political parties (alliances of political parties) that have received 4 per cent, in case of a political party, and 6 per cent, in case of an alliance of political parties, of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies.  





Where less than 3 political parties (alliances of political parties) have received at least 4 (6) percent of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies, 3 political parties (alliances of political parties) having received the maximum number of ballot papers with affirmative vote shall participate in the distribution of mandates, where 3 or more political parties (alliances of political parties) have run in the election.  





  1. Where 2 political parties (alliances of political parties) have run in elections, 2 political parties (alliances of political parties) shall participate in the distribution of mandates. 





Where one political party (alliance of political parties) has run in election and has received ballot papers with affirmative votes in a number defined by part 3.2 of this Article, all mandates shall be handed over to the given political party (alliance of political parties).  





  1. Where one political party (alliance of political parties) has been voted, a decision on of relevant community Council of Elders being elected shall be adopted if more than half of the voting participants have voted for that decision.  





4.Mandates of the members of the Council of Elders shall be distributed among the electoral lists of political parties (alliances of political parties) in proportion with the number of ballot papers cast in favour of each of them. The number of mandates available for each electoral list shall be calculated as follows: the number of ballot papers with affirmative vote cast in favour of each electoral list shall be multiplied by the number of mandates available for electoral lists, the product shall be divided by the total number of ballot papers with affirmative vote cast in favour of the electoral lists participating in the distribution of mandates, and the integer numbers shall be parted which shall be the numbers of mandates available for the electoral list of each political party (alliance of political parties).  





The remaining mandates shall be distributed among electoral lists by the sequence of value of remainders, by the principle of one mandate to each. In case the values of remainders are equal, the contested mandate shall be given to the electoral list with the highest number of ballot papers with affirmative vote cast in favour, whereasin the event of a tie the mandate shall be given by drawing of lots. 



5.(Part repealed by HO-333-N of 18 June 2020) 




6.A candidate, whose record number in the electoral list is smaller than or equal to the number of mandates available for that electoral list, shall be elected from the electoral list. 




Where as a result of it, more than 70 per cent of the mandates of the political party are distributed among representatives of the same sex, the mandates of the more represented sex exceeding 70 per cent shall be passed on to the candidates under the smallest number from the less represented sex of the electoral list, if any, ensuring representation of not less than 30 per cent of the less represented sex. If the number of candidates included in the electoral list of a political party is smaller than the number of mandates available, these mandates shall remain vacant. 




The Central Electoral Commission shall draw up a protocol on candidates elected as members of the Council of Elders of Yerevan, whereas the protocol on candidates elected as members of the councils of elders of other communities in which elections are held through the proportional electoral system shall be drawn up by the relevant constituency electoral commission. 




The protocol on candidates elected as members of the Council of Elders of Yerevan shall, within a 5-day period, be forwarded to the Prime Minister, and the protocol on candidates elected as members of the councils of elders of other communities in which elections are held through the proportional electoral system — to the relevant marz governors (regional governors). 




7.Where the number of candidates included in the electoral list of a political party (alliance of political parties) is smaller than the number of mandates available as a result of distribution of mandates, these mandates shall remain vacant.  




8.The mandate of a member of Council of Elders — who has waived the mandate or who has been elected and whose powers have been early terminated — shall be given to the next candidate in sequence of the electoral list of that political party (alliance of political parties) upon a protocol of the relevant electoral commission, within a 1-week period after notifying the commission thereon, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 25 per cent, it shall be given to the next candidate of less represented sex in the electoral list of that political party (alliance of political parties), if any. 




Where there is no other candidate in the electoral list, the mandate shall remain vacant. 




9.Applications for recusal or waiver of the mandate submitted by persons included in the electoral list of a political party (alliance of political parties) shall be certified by a notary, or the person shall confirm such application at the sitting of the electoral commission. Within the meaning of this article, the notary-certified application for recusal or waiver of the mandate shall be deemed valid where it is submitted to the electoral commission within a maximum 3-day period after certification.  




In case of submitting an application for recusal, the name, surname of the citizen shall be removed from the electoral list as prescribed by the Central Electoral Commission.