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Article 386
 

Art. 386. (1) The candidates who are elected on each candidate list of a political party or coalition of parties shall be determined according to the number of valid preferences received and the order of the candidates in the list under the method under Annex N 3.


(2) (Amend. - SG 21/19, in force from 12.03.2019, amend. – SG 29/19, in force from 08.04.2019) The preferences for the individual candidates shall be valid, if the number of the votes the candidate has received is not less than 5 percent of the votes cast for the candidate list.


(3) The candidates referred to in Para. 2 shall be ranked according to the number of preferences received, starting from the candidate who has received the highest number of valid preferences. These candidates shall be excluded from the candidate list of the respective party or coalition of parties and shall comprise List A. The rest of the candidates on the candidate list shall retain the initial ranking thereof on the list and shall comprise List B.


(4) Where there are two or more candidates with an equal number of preferences on List A, the rank thereof on the list shall be determined by the Central Election Commission on the basis of a lot drawn in the presence of the candidates concerned and representatives of the political party or the coalition of parties.


(5) Where there are no candidates with valid preferences, the elected candidates shall be determined according to the rank assigned on the candidate list.


(6) Where the number of candidates with valid preferences is lower than the number of the seats allocated to the political party or coalition of parties, all candidates on List A shall be elected. The rest of the seats allocated to the political party or coalition of parties shall be filled by candidates on List B in the order of ranking thereof.


(7) Where the number of candidates with valid preferences is higher than the number of the seats allocated to the political party or coalition of parties, the first candidates on List A shall be elected in the order of ranking thereof until all seats are filled.


(8) Where the number of candidates with valid preferences equals the number of the seats allocated to the party or coalition of parties, all candidates on List A shall be elected.