Home > 3 Electoral systems > THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA- Joint Opinion on the Electoral Code
 
 
 
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Paragraph 108
 

108.  If a member of the parliament or a council terminates his or her mandate, the seat is filled from the next on the list which the member came from. This is the most logical rule in list proportional systems. By-elections may change the political composition since such elections would often be for a single seat only and therefore be given to the largest party, regardless which list the terminated member came from. Articles 154 and 156 (2) specify what should happen if the list is exhausted. From the translation it seems that a by-election in such (very rare) cases is held to fill the vacancy only. In stead of by-elections one may consider going back to the distribution of seats during the original election and reallocating the seat to the list next in line to win a mandate. This may be fairer than a by-election which would in most cases give the seat to the biggest party.