Comparative Table on Proportional Electoral Systems

Home , Cardinal voting, Closed list, Electoral district, Electoral list, Electoral precinct, Electoral threshold

Strasbourg, 28 November 2014 CDL(2014)058 Study No. 764/2014 Or. bil.

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)

COMPARATIVE TABLE

PROPORTIONAL ELECTORAL SYSTEMS: THE ALLOCATION OF SEATS INSIDE THE LISTS (OPEN/CLOSED LISTS)

This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL(2014)058 - 2 -

Proportional systems, Proportional systems: Electoral systems, Proportional systems, methods of allocation of Country Legal basis System of representation closed or open party main relevant provision(s) methods of allocation of seats seats list system? inside the lists

Constitution Proportional system: Constitution Largest remainder Closed Party List No preference Article 64 All the 140 members of the Article 64 (amended by Law no. d'Hondt, then Sainte-Laguë system Not indicated in the law but Parliament are elected through 9904, dated 21.04.2008) formulas No preference implicitly clear that there is Electoral Code a proportional representation 1. The Assembly consists of 140 no preference. (approved by Law system within constituencies deputies, elected by a proportional See the separate document for no. 10 019, dated 29 corresponding to the 12 system with multi-member electoral Articles 162-163. December 2008, administrative regions. zones. and amended by The threshold to win 2. A multi-member electoral zone According to the stipulations in Law no. 74/2012, parliamentary representation is coincides with the administrative Articles 162 and 163 of the Electoral dated 19 July 2012) 3 percent for political parties division of one of the levels of Code, the number of seats is Articles 162 & 163 and 5 per cent for pre-election administrative-territorial calculated for each of the coalitions coalitions. organisation. in each of the districts by counting, Vacancies arising between 3. Criteria and rules for the on the one hand, the votes won by general elections are filled by implementation of the proportional each of the parties in the coalition in the "next-in-line" candidate of electoral system for allocating their respective electoral districts the same party. constituencies and the number of and, on the other, the number of seats for each area defined by the seats won by each coalition in its law on elections. district. Firstly, the seats are Albania assigned to the coalitions in each electoral district using the D’Hondt formula (1, 2, 3, 4, 5, etc.). After that, the seats are distributed among the political parties that form part of a coalition using the Sainte-Laguë formula (1, 3, 5, 7, 9, etc.).

Article 106 6 Voting 1. On receipt of the ballot paper, the voter proceeds alone to the voting booth and votes on the ballot paper by marking next to the name of the electoral subject or of the party which is member of a coalition with the sign “x” or “+” or another sign that clearly indicates the voter’s choice. (...)

- 3 - CDL(2014)058

Constitution Council of the Nation (Majlis Constitution Largest remainder For proportional No preference Articles 98, 101-102 al-Oumma): Articles 98, 101-102 d'Hondt formula component: Indirect election Closed Party List Organic Law No. 12-01 (in Loi organique n° 12- Indirect election by simple Organic Law No. 12-01 (in Organic Law No. 12-01 (in French) system French) 01 du 2 janvier 2012 majority vote by electoral French) Article 85 No preference Article 88 relative au régime college composed of members Article 84 Le mode de scrutin fixé à l'article Les sièges sont attribués électoral of local councils: each wilaya's L’Assemblée Populaire Nationale 84 ci-dessus donne lieu à une aux candidats dans l'ordre Articles 84-88 people's assembly and est élue pour un mandat de cinq répartition des sièges figurant sur chaque liste. communal people's (5) ans au scrutin de liste proportionnelle au nombre de voix assemblies; these altogether proportionnel. obtenues par chaque liste avec number 15,003. Dans chaque circonscription application de la règle du plus fort 48 multi-member (2 seats) électorale, les candidats sont reste. Les listes qui n’ont pas obtenu corresponding to country's inscrits, selon un ordre de au moins cinq pour cent (5%) des wilayas (administrative classement, sur des listes suffrages exprimés ne sont pas districts). comprenant autant de candidats admises à la répartition des sièges. Vacancies arising between que de sièges à pourvoir, auxquels general elections are filled sont ajoutés trois (3) candidats Article 86 through by-elections. suppléants. Pour chaque circonscription Les élections ont lieu dans les trois électorale, le quotient électoral pris National People's Assembly (3) mois qui précèdent l’expiration en compte pour la répartition des (Al-Majlis Ech-Chaabi Al- du mandat en cours. sièges à pourvoir est le résultat du Algeria Watani): La circonscription électorale de rapport entre le nombre des Proportional system base pour l’élection des membres suffrages exprimés, diminué, le 48 multi-member, de l’Assemblée Populaire cas échéant, des suffrages corresponding to country's Nationale est fixée aux limites recueillis par les listes n’ayant pas wilayas (administrative districts) territoriales de la wilaya. atteint le seuil visé à l’alinéa 2 de with seats allotted according to Toutefois, une wilaya peut faire l'article 85 ci-dessus, et le nombre population: one seat for every l’objet d’un découpage en deux ou de sièges à pourvoir. 80,000 inhabitants and one plusieurs circonscriptions supplementary seat for every électorales sur la base des critères Article 87 fraction of 40,000; no wilaya de la densité démographique et Dans le cadre des dispositions des has less than four seats. dans le respect de la continuité articles 84, 85 et 86 de la présente List proportional representation géographique. loi organique, les sièges à pourvoir system using highest Le nombre de sièges ne peut être par liste sont répartis selon les remainder formula. inférieur à quatre (4) sièges pour modalités suivantes: 1- dans Vacancies arising between les wilayas dont la population est chaque circonscription électorale, general elections are filled by inférieure à trois cent cinquante le quotient électoral est déterminé the "next-in-line" candidate of mille (350.000) habitants. dans les conditions fixées par the same list or through by- Pour l’élection des représentants l'article 86 de la présente loi election, according to de la communauté nationale organique, 2- chaque liste obtient circumstances; no établie à l’étranger, les autant de sièges qu’elle a recueilli replacements in last year of circonscriptions électorales de fois le quotient électoral, 3 - Assembly's term. consulaires ou diplomatiques et le après attribution des sièges aux CDL(2014)058 - 4 -

nombre de sièges sont définis par listes qui ont obtenu le quotient la loi portant découpage électoral. électoral dans les conditions fixées à l'alinéa précédent, les restes des voix des listes ayant obtenu des sièges sont classés par ordre d'importance de leur nombre de voix. Les sièges restants sont attribués en fonction de ce classement. Lorsque pour l’'attribution du dernier siège à pourvoir, deux ou plusieurs listes obtiennent un nombre égal de suffrages, le siège revient au candidat le plus âgé.

Constitution Mixed system: Constitution Highest remainder formula For proportional No preference Article 52 Article 52 component: Parish Constituencies: The Consell General consists of a Qualified Law 28/2007 Closed Party List Qualified Law 28/2007 Qualified Law Majoritarian system- single minimum of twenty-eight and a Article 58. Councillors elected in system Article 56. Voting for no.28/2007 majority vote applies in the maximum of forty-two Consellers the national constituency No preference candidatures in the amending parishes- 7 multi-member (2 Generals, half of whom shall be 1. For the determination of the national constituency Qualified Law on seats) constituencies elected in an equal number by general councillors in the national The candidatures of the the Electoral corresponding to the country's each of the seven Parròquies and constituency, the proportional system national constituency System and parishes the other half elected on the basis called the “highest remainder” shall shall be voted in their Referendum of 22 of a national single constituency. be used. totality, with those that November 2007 National Constituency: 2. To this end, the number of seats somehow, indicate Articles 48, 55, 56, 57 Proportional system- Qualified Law 28/2007 shall correspond to each candidate alterations or & 58 proportional representation with as a result of dividing the number of preferences in the order rule of highest remainder Article 48. Number of General votes and the electoral quotient. of the lists being Andorra applies in the national CouncillorsThe General Council Once completed, if this operation has considered void. constituency- 1 national multi- consists of twenty eight general not filled the fourteen positions of member (14 seats) councillors, half of who is elected in general councillor, the remaining constituencyVacancies arising an equal number for each of the seats shall be allocated to those between general elections are seven parishes and the other half candidatures already represented, filled by substitutes elected is elected in a national and that have the higher remainder, together with titular members. constituency. according to the number of existing vacancies. In the event of a tie in the allocation of the remainders, it shall be resolved in favour of the candidature with the highest number of absolute votes. If there is also a tie in the number of absolute votes, it shall be resolved by the drawing of - 5 - CDL(2014)058

lots. 3. The electoral quotient is determined by dividing the total number of valid votes by fourteen. If the obtained electoral quotient was a number with decimals, it shall be rounded to the higher whole number. (...) 4. The remainder is that one obtained mathematically from dividing the total number of votes of each candidature by the electoral quotient. The surplus votes of each candidate are those which have not reached the number expressed by the electoral quotient. Example:Electoral quotient = 8,350: 14 = 596.42 (597 to rounding)candidature A = 3,000 votes: 597 = 5 seats + 15 remainder = 5 seats.candidature B = 2,550 votes: 597 = 4 + 162 remainder = 4 seats.candidature C = 1,975 votes: 597 = 3 + 184 remainder = 3 seats.candidature D = 825 votes: 597 = 1 seat + 228 remainder = 2 seats.

Constitution Parallel (segmented) mixed Constitution Highest remainder For the proportional Several preferences Article 63 electoral system: Article 63 Hare formula component: Proportional Representation The National Assembly shall Closed Party List Electoral Code Electoral Code as Lists and Majoritarian consist of one hundred and thirty Electoral Code system Chapter 38 - Transitional amended on 26 May constituencies one deputies. Chapter 38 - Transitional Several preferences provisions – 2011 - 41 seats allotted by simple The National Assembly is elected provisions - Article 166. Article 166. Preferential Articles 102-103, 125 majority vote for a term of five years. (...) Preferential voting voting Armenia & 166 - 90 seats allocated according 1. In preferential voting the left side of (...) 2. (...). At a particular to a party-list system and Electoral code the ballot paper shall indicate last stage of summarisation of Remark: the proportional representation to Article 102. Composition of the names, first names, patronymic voting results the ballot preferential voting parties or blocs obtaining at National Assembly names of all the candidates, and the paper shall be deemed in procedure is least 5 per cent of the votes The number of the National right side shall include boxes for favour of the continuing prescribed in the Assembly deputies shall be each candidate, where the voter candidate who has got Transitional prescribed by the Constitution of makes notes. The order of the the most number of provisions of the the Republic of Armenia. candidates’ names shall be preference votes in that CDL(2014)058 - 6 -

Electoral Code. determined by lot. The ballot paper ballot paper. (...) Article 103. The Electoral may be substituted by an electronic NB: no official System data file expressing the preferences. English translation Elections of the National Assembly 2. The voter shall place “1” in the of the Electoral shall be conducted under the box against the candidate of his or Code as of 12 proportional and majoritarian her first preference. Integral December 2013 electoral systems. 90 deputies successive numbers starting from shall be elected under the “2” shall then respectively be proportional electoral system from placed in the boxes against the one multi-mandate constituency other candidates in the order of covering the whole territory of the preference. No number shall be Republic of Armenia, from among placed in the boxes against those candidates for deputies nominated candidates to whom the voter gives by political parties (alliance of no preference, but, in any case, he or political parties) in the electoral she must have at least expressed lists. 41 deputies shall be elected preference for candidates equal to under the majoritarian electoral the number of vacancies. At a system: one deputy shall be particular stage of summarisation of elected per constituency. voting results the ballot paper shall be deemed in favour of the continuing candidate who has got the most number of preference votes in that ballot paper. (...)

Article 125 (…) 3. Mandates envisaged for the proportional electoral system of the National Assembly shall be allocated among electoral lists of political parties, alliances of political parties, in proportion to the number of affirmative votes cast in favour of each of them. The calculation of the number of seats available for the electoral list of each political party, alliance of political parties, shall be carried out in the following manner: the number of affirmative votes cast in favour of each list shall be multiplied by the number of mandates available for the electoral lists; the product shall be - 7 - CDL(2014)058

divided by the total number of affirmative votes cast in favour of electoral lists participating in the allocation of mandates, then integers shall be distinguished, which shall be the number of mandates available to each electoral list. 4. The non-allocated mandates shall be allocated among electoral lists as per the sequence of the remainder values, with the principle of one mandate to each. In case the remainders are equal, the contested mandate shall be given to the list that has received the highest number of affirmative votes, and in case of a tie, the matter shall be settled by drawing lots. (…) 7. (...) Where the number of candidates included in the electoral list of a political party, an alliance of political parties, is less than the number of mandates available as a result of allocation of mandates, such mandates shall be allocated among the electoral lists of the other political parties, alliances of political parties having obtained the right to participate in the allocation of seats, as per the sequence of the remainder values, with the principle of one mandate to each. (...)

Federal Federal Council: Federal Constitutional Law Hare formula for state-wide level For the proportional Several preferences Constitutional Law, Indirect election Article 26 and d'Hondt formula for federal component: as amended on 01 9 multi-member (3 to 12 seats) level Open Party List system Each voter can cast one January 2014 constituencies.Seats are Several preferences preferential vote for any Austria Article 26 divided between the parties Articles 98-107 candidate from the according to the number of Parties submit regional, state and provincial party list and the Federal Law on seats they hold in the provincial federal lists of candidates; electors regional party list of the National Council assemblies, which are vote for a party and may cast party he or she has voted Election (National determined on the basis of preferential votes for one regional list for. CDL(2014)058 - 8 -

Council Election proportional candidate and one state list Regulation 1992 – representation.Vacancies candidate. A state-wide electoral Federal Law on National NRWO) as amended arising between general quota, calculated by the Hare Council Election on 12 April 2013 Part elections are filled by alternate method, is used to allocate seats at "Allocating the seats to I, Section I, § 1 - § 5l members chosen at the same both the regional constituency and the candidates, record of Part V, Section III, time as titular members. state levels; seats won by a party at these proceedings, §98-§107. the regional constituency level - announcement of the National Council: direct mandates - are subtracted results" Proportional system The 9 from its corresponding state-wide §§ 97-108§ 108. multi-member constituencies seat total, and the remaining (1) The seats received in (from 7 to 36 seats each) mandates come from the party's the third counting correspond to the country's state lists. Finally, all 183 National procedure (§ 107) are to be provinces (Länder); seats are Council seats are distributed at the allocated to the candidates allotted to each based on federal level by the d'Hondt rule; of all parties, according to population. The provinces are seats won by a party at the state their place in the federal broken down into 43 regional level are then deducted from its list of candidates. constituencies. Closed party-list corresponding nationwide seat total, Unsuccessful candidates system with proportional and the remaining mandates are are be taken into representation applying the allocated from the party's federal consideration when a seat Hare method to the regional lists. Nonetheless, a party must from their list in the federal and provincial constituencies, receive at least four percent of the list of candidates is and the d'Hondt method at the vote or win at least one direct finished. The order of their federal level; 4 per cent mandate in order to secure appointment is to be threshold for parties to gain representation in the National determined according to representation.Vacancies Council. their place in the federal list arising between general of candidates. elections are filled by the "next- (2) The federal elections in-line" candidate on the list of authority has to formulate the party which held the seat. the result of the third counting procedure as follows:a) the number of party totals for each party on the federal territory;b) the number of seats allocated to each party;c) the names of the candidates who have received seats according to § 107, para 8. (...)

Constitution Majoritarian system Constitution Not relevant Not relevant Not relevant Azerbaijan Articles 81-84 (plurality) Article 81. Implementation of legislative power - 9 - CDL(2014)058

Election Code as - 125 single-member Legislative power in the Azerbaijan amended in 2013 constituencies Republic is implemented by Milli Articles 143 & 169.3 - Single member plurality Majlis of the Azerbaijan Republic. systems ("first past the post") - By-elections are held to fill Article 82. Number of deputies in vacancies between general Milli Majlis of the Azerbaijan elections unless there are less Republic than 120 days remaining in the Milli Majlis of the Azerbaijan term of the Assembly. Republic consists of 125 deputies.

Article 83. Procedure of elections of deputies of Milli Majlis of the Azerbaijan Republic Deputies of Milli Majlis of the Azerbaijan Republic are elected based on majority voting systems and general, equal and direct elections by way of free, individual and secret voting.

Article 84. Term of authority of a calling of Milli Majlis of the Azerbaijan Republic I. Term of authority of each calling of Milli Majlis of the Azerbaijan Republic is 5 years. (...)

Election Code Article 143. Basis of Elections to the Milli Majlis 125 deputies shall be elected to the Milli Majlis from single-mandate constituencies (one deputy from one constituency).

Article 169 (…) 3. A candidate who records the highest number of votes shall be considered to be elected from the single-mandate constituency. (…)

CDL(2014)058 - 10 -

Constitution House of Representatives: Constitution Not relevant Not relevant Not relevant Articles 90, 91 & 93 Majoritarian First-past-the- Article 90. The Parliament post voting system (One- The National Assembly is a Electoral Code as Round system; plurality) representative and legislative body amended on 25 110 single-member of the Republic of Belarus. November 2013 constituencies The Parliament shall consist of two Articles 3, 15, In the first round, voting is chambers - the House of 82 (as amended on considered valid if over 50 per Representatives and the Council of 25.11.2013) cent of eligible voters take part the Republic. 87 (as amended on in the polls. Candidates who 25.11.2013) receive over 50 per cent of Article 91. The House of votes are declared elected. Representatives shall consist of If none of the candidates 110 deputies. (...) obtains 50 per cent of votes, a run-off election between the Article 93. The term of the two leading candidates is held Parliament shall be four years. (...) within two weeks. Run-off elections are considered valid if Electoral Code more than 25 per cent of Article 3. Elections of the eligible voters take part. The President of the Republic of candidate securing a simple Belarus, deputies of House of Belarus majority of votes wins the seat. Representatives, deputies of local If the second round of voting is Councils of deputies are free and held for only one candidate, the are held on the basis of universal, candidate needs to obtain the equal and direct suffrage by secret support of over half of the ballot. voters taking part in the Elections of the deputies of the election. House of Representatives, deputies of local Councils of Council of the Republic of Deputies are held at single Belarus: indirect election electoral circuits. - 7 multi-member (8 elected Elections of members of the seats) constituencies Council of the Republic of Belarus corresponding to the country's are held on the basis of equal and six regions and the capital indirect suffrage by secret ballot. Minsk (…) - Secret ballot vote by majority system at sessions of local Article 15. 110 electoral circuits councils. are created for the holding of elections of deputies of the House of Representatives on the territory of the Republic of Belarus. (...)

- 11 - CDL(2014)058

Article 82. Elections are recognized as having taken place if more than half of the voters of the circuit included into the list of citizens having the right to participate in elections participated in the voting. The candidate for deputy of the House of Representatives who received the highest number of the votes of the voters who took part in the voting is deemed to be elected. In case of holding a voting with one candidate this candidate is deemed to be elected if he received more than half of the votes of the voters who took part in the voting. (…)

Article 87. If elections that had taken place in the electoral circuit were recognized as having not taken place or invalid, or only one candidate had stood for deputy of the House of Representatives and he did not receive the required number of the votes of the voters, as well as when all candidates for deputies withdrew, the Central Commission instructs, respectively, the regional, Minsk city and circuit electoral commission to hold repeat elections in the electoral circuit. In such a case it may take a decision on the necessity to hold elections by territorial, circuit and precinct electoral commissions in a new composition. In this case the electoral commissions shall be established under the procedure prescribed by this Code. Voting is held at the same voting precincts according to the lists compiled for the holding of the main elections CDL(2014)058 - 12 -

and specified on the eve of the new elections. (...)

Constitution Articles House of Representative: Constitution Highest average Open Party list system Several preferences 61-63, 65, 67-68 Proportional system11 multi- Article 61 The members of the d'Hondt formula Several preferences member constituencies House of Representatives are Electoral Code (in Electoral Code of 12 (between 4 and 24 seats elected directly by citizens (...). Electoral Code (in French) Additional remarks: French) April 1894 as each)**The constituencies of Art. 144. the party's order, or cast nombre des candidats January 2014 Leuven were replaced by those in accordance with the system of L'électeur peut émettre un a preferential vote with titulaires d'une liste est égal Articles 144, 165bis, of Brussels-Capital proportional representation that the suffrage pour un ou plusieurs the ability to move à celui des sièges revenant 166-168 & 172 (corresponding to the law determines. (...) candidats, titulaires ou suppléants candidates up and down à la liste, ces candidats administrative district of ou titulaires et suppléants, d'une the list order.Flexbible sont tous élus.Lorsque le Brussels-Capital) and Flemish Article 63 même liste. S'il adhère à l'ordre de lists (preferential voting + premier de ces nombres Brabant (corresponding to the § 1. The House of Representatives présentation des candidats titulaires possibility of alternative est supérieur au second, province of Brabant). The latter is composed of one hundred and et suppléants de la liste qui a son candidates) les sièges sont conférés comprises the electoral canton fifty members. appui, il marque son vote dans la aux candidats dans l'ordre of Sint Genesius Rode. Voters § 2. The number of seats in each case placée en tête de cette liste. S'il décroissant du nombre in this canton may vote either electoral district corresponds to the adhère seulement à l'ordre de de voix qu'ils ont for the list presented in result of dividing the number of présentation des candidats titulaires obtenues. (...) Brussels-Capital or in the inhabitants of the electoral district et veut modifier l'ordre de Flemish Brabant by the federal divisor, which is présentation des candidats constituency.Party-list system. obtained by dividing the number of suppléants, il donne un vote Belgium Each party submits one list for the population of the Kingdom by nominatif à un ou plusieurs candidats each constituency. On a one hundred and fifty.The suppléants de la liste. S'il adhère candidates’ list, there cannot be remaining seats are assigned to seulement à l'ordre de présentation more than a one-place the electoral districts with the des candidats suppléants et veut difference between candidates greatest surplus of population not modifier l'ordre de présentation des (titular and substitute) of each yet represented. candidats titulaires, il donne un vote sex.The first two candidates § 3. The distribution of the nominatif à un ou plusieurs candidats (titular and substitute) on each members of the House of titulaires de la liste. S'il n'adhère list cannot be of the same Representatives among the enfin à l'ordre de présentation, ni sex.Vacancies arising between electoral districts is determined by pour les candidats titulaires, ni pour general elections are filled by the King in proportion to the les candidats suppléants, et veut substitutes chosen at the same population. (...) modifier cet ordre, il donne un vote time as titular members. nominatif à un ou plusieurs candidats Article 65The members of the titulaires et à un ou plusieurs Senate: House of Representatives are candidats suppléants de la liste. Les Combined system elected for four years. The House is votes nominatifs se marquent dans Remark: As a result of the re-elected every four years. la case placée à la suite des nom et Sixth Reform of The State of prénom du ou des candidats, 2014 the Senate is no longer titulaires ou suppléants ou titulaires directly elected. The Senate is et suppléants, à qui l'électeur entend - 13 - CDL(2014)058

now composed of 60 Article 67 (Senate) donner sa voix. La marque du vote, members: 50 senators are § 1. (...) the Senate is composed of même imparfaitement tracée, members of the parliaments of seventy-one senators (...). exprime valablement le vote, à moins the Federated entities que l'intention de rendre le bulletin de (communities and regions). Article 68 vote reconnaissable ne soit They exercise a double § 1. The total number of senators manifeste. mandate (regional parliament referred to in Article 67, § 1, 1°, 2°, and Senate) 10 senators are 3°, 4°, 6° and 7° is divided, Article 167. Le bureau principal de la proportional representation that the circonscription électorale ou le law determines, among each bureau principal de collège divise linguistic group on the basis of the successivement par 1, 2, 3, 4, 5, vote count of the lists obtained at etc. le chiffre électoral de chacune the election of the senators des listes et range les quotients referred to in Article 67, § 1, 1° and dans l'ordre de leur importance 2°. (...) jusqu'à concurrence d'un nombre total de quotients égal à celui des Electoral Code (in French) membres à élire.Le dernier quotient Article 165bis sert de diviseur électoral.La Sont seules admises à la répartition entre les listes s'opère en répartition des sièges : attribuant à chacune d'elles autant de 1° pour l'élection de la Chambre sièges que son chiffre électoral des représentants, les listes qui ont comprend de fois ce diviseur, sauf obtenu au moins 5 % du total application de l'article 168.Si une liste général des votes valablement obtient plus de sièges qu'elle ne exprimés en faveur des listes de porte de candidats, [titulaires et candidats de la circonscription suppléants], les sièges non attribués électorale; sont ajoutés à ceux revenant aux 2° pour l'élection du Sénat, les autres listes; la répartition entre listes qui ont obtenu au moins 5% celles-ci se fait en poursuivant du total général des votes l'opération indiquée à l'alinéa 1, valablement exprimés en faveur chaque quotient nouveau des listes présentées pour le déterminant, en faveur de la liste à collège électoral français ou le laquelle il appartient, l'attribution d'un collège électoral néerlandais, selon siège. le cas. Article 168. Lorsqu'un siège revient à titre 8> Le total des bulletins valables égal à plusieurs listes, il est attribué à favorables à une liste constitue le celle qui a obtenu le chiffre électoral chiffre électoral de celle-ci. Ce total le plus élevé et, en cas de parité des est déterminé, pour chaque liste, chiffres électoraux, à la liste où figure par l'addition des bulletins de le candidat qui, parmi les candidats CDL(2014)058 - 14 -

chacune des [quatre] sous- dont l'élection est en cause, a obtenu catégories visées à l'article 156, § le plus de voix ou subsidiairement, 1, alinéa 2. qui est le plus âgé.

Article 172.Lorsque le nombre des candidats titulaires d'une liste est égal à celui des sièges revenant à la liste, ces candidats sont tous élus.Lorsque le premier de ces nombres est supérieur au second, les sièges sont conférés aux candidats dans l'ordre décroissant du nombre de voix qu'ils ont obtenues. En cas de parité, l'ordre de présentation prévaut. Préalablement à la désignation des élus, le bureau principal de la circonscription électorale ou de collège procède à l'attribution individuelle aux candidats titulaires de la moitié du nombre des bulletins favorables à l'ordre de présentation de ces candidats. Cette moitié s'établit en divisant par deux le total des bulletins compris dans les sous-catégories visées à l'article 156, § 1er, alinéa 2, 1° et 4°. L'attribution de ces bulletins se fait d'après un mode dévolutif. Ils sont ajoutés aux suffrages nominatifs obtenus par le premier candidat titulaire de la liste, à concurrence de ce qui est nécessaire pour atteindre le chiffre d'éligibilité spécifique à chaque liste. L'excédent, s'il y en a, est attribué, dans une mesure semblable, au deuxième candidat titulaire, puis au troisième, et ainsi de suite, jusqu'à ce que la moitié du nombre des bulletins favorables à l'ordre de présentation de ces candidats soit épuisée.Le chiffre d'éligibilité spécifique à chaque liste s'obtient en divisant le chiffre électoral de la liste tel qu'il est - 15 - CDL(2014)058

déterminé à l'article 166 par le nombre de sièges attribués à la liste, majoré d'une unité.Lorsque le nombre des candidats titulaires d'une liste est inférieur à celui des sièges qui lui reviennent, ces candidats sont élus et les sièges en surplus sont conférés aux candidats suppléants qui arrivent les premiers dans l'ordre indiqué à l'article 173. A défaut de suppléants en nombre suffisant, la répartition de l'excédent est réglée conformément au dernier alinéa de l'article 167.

Constitution House of Peoples: Constitution Sainte-Laguë formula For the proportional .=> >5% of valid votes Article 4 Indirect election Article 4 component: obtained by the list: several - The ten delegates from the The Parliamentary Assembly shall Election Law Partly Open-partly preferences Election Law with Federation of Bosnia and have two chambers: the House of Article 9.1 Closed Party List .=> <5% of valid votes subsequent Herzegovina (five Croats and Peoples and the House of (1) The House of Representatives of system obtained by the list: no Amendments NOs. five Muslims) are designated Representatives. (...) the Parliamentary Assembly of BiH => >5% of valid votes preference 18/13 and 7/14, lastly by the delegates of the same The House of Representatives shall consist of forty-two (42) obtained by the list: 2014 communities to the local House shall comprise 42 Members, two- members, twenty-eight (28) of whom several preferences Election Law Articles 9.1, 9.5, 9.7 & of Peoples of the Federation of thirds elected from the territory of shall be directly elected by voters => <5% of valid votes Article 9.8 9.8 Bosnia and Herzegovina. the Federation, one-third from the registered to vote for the territory of obtained by the list: no (1) If a tie occurs because Delegates from the Republika territory of the Republika Srpska. the Federation of BiH, and fourteen preference the quotients are identical Srpska are designated by the The House of Representatives (14) of whom shall be directly elected in the distribution according National Assembly of that shall comprise 42 Members, two- by voters registered to vote for the to Articles 9.5, 9.6, and 9.7 Bosnia and same Republic. thirds elected from the territory of territory of the Republika Srpska. of this law, the mandate Herzegovina the Federation, one-third from the The mandate of members of the shall be allocated on the National House of territory of the Republika Srpska. House of Representatives of the basis of the drawing of a Representatives: a. Members of the House of Parliamentary Assembly of BiH shall lot. Proportional system Representatives shall be directly be four (4) years. (2) Mandates won by a list - Proportional representation elected from their Entity in (2) Of the twenty-eight (28) members shall be distributed first system based on party lists or accordance with an election law to who shall be directly elected by amongst candidates on the independent candidatures, be adopted by the Parliamentary voters registered to vote for the list who individually using the simple quotient and Assembly. territory of the Federation of BiH, received at least five greatest remainders formula for The first election, however, shall twenty-one (21) shall be elected from percent (5%) of the total left-over seats. Only parties take place in accordance with multi-member constituencies under number of valid votes having won at least one seat in Annex 3 to the General Framework the proportional representation received by that list, these the initial (simple quotient) Agreement. formula set forth in Article 9.5 of this mandates being awarded allocation qualify for the latter b. A majority of all members law, and seven (7) shall be in the order of the allotment. elected to the House of compensatory mandates elected highest number of votes CDL(2014)058 - 16 -

Representatives shall comprise a from the territory of the Federation as to the lowest number of quorum. a whole according to Article 9.6 of votes. If there are still this law. mandates to be distributed (3) Of the fourteen (14) members to a list and the candidates who shall be directly elected by remaining are those who voters registered to vote for the received less than five territory of the Republika Srpska, percent (5%) of the total nine (9) shall be elected from multi- valid votes received by that member constituencies under the list, then distribution of the proportional representation formula mandates among the set forth in Article 9.5 of this law, and remaining candidates from five (5) shall be compensatory the list will be done mandates elected from the territory according to their order of the Republika Srpska as a whole on the list. according to Article 9.6 of this law. (3) If a political party or (4) A voter shall have one ballot coalition does not have for the proportional representation enough eligible candidates mandates in the multi-member on the list to fill seats constituency for which the voter is allocated to it, the mandate registered. shall be transferred to the party or coalition’s list in Article 9.5 another constituency (1) Mandates are allocated in each according to the procedure constituency in the following manner: set forth in Article 9.7 of this For each political party and coalition, law. the total number of valid votes received by that political party or coalition shall be divided by 1, 3, 5, 7, 9, 11, et seq., as long as necessary for the allocation in question. The numbers resulting from this series of divisions shall be the "quotients". The number of votes for an independent candidates is the quotient for that candidate. (2) The quotients shall be arranged in order from the highest quotient to the lowest quotient. Mandates shall be distributed, in order, to the highest quotient until all the constituency mandates for the body have been distributed. (3) Political parties, coalitions, lists of - 17 - CDL(2014)058

independent candidates and independent candidates cannot participate in the allocation of mandates if they do not win more than 3% of the total number of valid ballots in an electoral unit.

Article 9.7 Compensatory mandates shall be allocated in the following manner: a) Only political parties and coalitions may take part in the distribution of compensatory mandates. First, the total number of mandates for the legislative body to be allocated for the territory of the respective Entity, reduced by the number of mandates won by independent candidates, is distributed according to the formula set forth in Article 9.6 of this law. b) From the number of mandates a list of a political party or coalition has won according to this procedure, the number of mandates won by the same party or coalition, according to the procedure set forth in Article 9.6 of this law, is deducted. The remaining number is the number of compensatory mandates the list wins. c) If a political party or coalition receives a negative number of mandates according to the procedure in the previous paragraph, the political party or coalition keeps the mandates won in the constituencies, but does not receive any compensatory mandates. In case one or more lists get a negative number of mandates, the mandates to be distributed according to the procedure of this article is decreased CDL(2014)058 - 18 -

correspondingly to preserve the correct number of mandates in the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina elected from the territory of the respective Entity.

Constitution Federal Senate: Constitution Highest average Chamber of Deputies: Several preferences Articles 44-47 Majoritarian system- 27 multi- Article 44. D'hondt formula Open Party List system Electoral Code as of member (3 seats) The Legislative Power is exercised Hare quota Several preferences Complementary 19 September 1995 constituencies corresponding by the National Congress, which is Legislation to the Articles 108-109 to the country's 26 states and composed of the Chamber of The calculation for the distribution of Additional remarks: seats Electoral Code the Federal District.- Block Deputies and the Federal Senate. seats among the parties is made by allotted according to the Article 109. However the last vote. Each elector has as many Each legislative term shall have the means of the Electoral Quotient: simple quotient and Seats not filled with the amendment was votes as the number of duration of four years. EQ = number of valid votes / number highest average implementation of party made on 22 candidates elected in each of seats. calculations. The seats quotients will be distributed December 2013 but constituency. When two thirds Article 45. won by each list are in by observing the following English/French of the seats are to be renewed, The Chamber of Deputies is Complementary Legislation to the turn awarded to the rules:I - will be divided, the versions do not exist each elector votes for two composed of representatives of the Electoral Code candidates on the basis number of valid votes cast candidates. When one third is people, elected, by the proportional Article 107. Determine for each of preference votes cast for each party by the to be renewed, each elector system, in each state, territory and party the party quotient, dividing by the electorate. number of seats obtained votes for one in the Federal District. electoral quotient by the number of by him, another, being the candidate.Vacancies arising Paragraph 1 - The total number of valid votes given under the same party that submits the between general elections are Deputies, as well as the caption, the fraction discarded. highest middle seat to be filled by substitutes elected at representation of the states and of filled;II - the operation to the Brazil the same time as titular the Federal District shall be Article 108. Many candidates will be distribution of each seat will members. If no substitute is established by a supplementary elected by a registered party as repeat itself. available and there remain at law, in proportion to the population, many as indicate their partisan ratio § 1 The filling of positions least 15 months before the end and the necessary adjustments in the order of roll-call votes that that each party is of the term of the member shall be made in the year each one has received. contemplated shall be concerned, by elections are preceding the elections, so that made in the order held. none of those units of the recorded vote of its Federation has less than eight or candidates. Chamber of Deputies: more than seventy Deputies. § 2 may only compete for Proportional system27 multi- Paragraph 2 - Each territory shall the allocation of seats the member (8 to 70 seats, based elect four Deputies. parties who have obtained on population) constituencies electoral quotient corresponding to the country's Article 46. The Federal Senate is 26 states and the Federal composed of representatives of the District.Party-list proportional states and of the Federal District, system with seats allotted elected by a majority vote. according to the simple Paragraph 1 - Each state and the quotient and highest average Federal District shall elect three - 19 - CDL(2014)058

calculations. The seats won by Senators for a term of office of each list are in turn awarded to eight years. the candidates on the basis of Paragraph 2 - One-third and two- preferential votes cast by the thirds of the representation of each electorate.Vacancies arising state and of the Federal District between general elections are shall be renewed every four years, filled by substitutes elected at alternately. Paragraph 3 - Each the same time as titular Senator shall be elected with two members. If no substitute is substitutes. available and there remain at least 15 months before the end Article 47. Except where there is a of the term of the member constitutional provision to the concerned, by-elections are contrary, the decisions of each held. House and of their committees shall be taken by a majority vote, when the absolute majority of its members is present.

Electoral Law Chamber of Deputies: directly elected (513). Constituencies 27 multi-member (8 to 70 seats, based on population) constituencies corresponding to the country's 26 states and the Federal District. Voting system Proportional: Party-list proportional system with seats allotted according to the simple quotient and highest average calculations. The seats won by each list are in turn awarded to the candidates on the basis of preferential votes cast by the electorate. (...)

Federal Senate:Directly elected (81).Majority: Block vote. Each elector has as many votes as the number of candidates elected in each constituency. When two thirds of the seats are to be renewed, each elector votes for two candidates. When one third is CDL(2014)058 - 20 -

to be renewed, each elector votes for one candidate. Vacancies arising between general elections are filled by substitutes elected at the same time as titular members. If no substitute is available and there remain at least 15 months before the end of the term of the member concerned, by elections are held. Voting is compulsory, abstention being punishable by a fine.

Constitution Mixed system Constitution Largest remainders Open Party List system Several preferences Article 63 and 64 - 31 multi-member Article 63 Hare-Niemeyer formula Several preferences constituencies (seats according The National Assembly shall Electoral Code Election Code as to population); 31 members are consist of 240 members. Electoral Code Article 298. adopted on 5 March elected using the first-past-the- Article 246. (1) The candidates who are 2014 post (FPTP) system Article 64 (1) The elections for MPs shall be elected on each candidate Articles 246, 248, 298 - 209 members are elected (1) The National Assembly shall be held based on the proportional list of a political party or & Annex № 1 to through proportional elected for a term of four years. (...) electoral system with registered coalition of parties, shall be Article 248, para. 1 representation using the closed candidate lists in multi-member determined according to party list. constituencies of: the number of valid - Only parties and coalitions 1. political parties and coalitions; preferences under Art. that obtain at least 4 per cent of 2. nomination committees. 278, Para. 4 and 5 received the nationwide popular vote are (2) In voting for a candidate list of a and the ranking of the entitled to parliamentary political party or coalition, the voter candidates on the list shall representation. may mark a preference for a be done according to the Bulgaria - Vacancies for the PR seats candidate in the candidate list methodology referred to in are filled by "next-in-line" thus expressing his/her Annex No. 1. candidates. Vacant FPTP preference on the order of (2) The preferences for seats are filled through by- arrangement of the candidates on the individual candidates elections. However, if a the candidate list he/she is voting shall be valid if the number member elected under the for. of votes received for the FPTP resigns to take up a candidate is not less than 7 ministerial post, his/her seat will Article 248. Determination of per cent of the votes cast be filled by the "next-in-line" election results upon election of MPs for the candidate list. candidate of the same party of the National Assembly and of the (3) The candidates referred from the proportional Grand National Assembly and the to in Para. 2 shall be representation system. allocation of seats on candidate lists ranked according to the shall be done using the methodology number of preferences referred to in Annex No. 1 herein. received, starting from the candidate who has - 21 - CDL(2014)058

Annex No 1 describes the steps for received the highest the distribution of seats to number of valid constituencies: first, the 240 seats preferences. These are distributed according to the candidates shall be method of the largest remainders. If excluded from the some constituencies have less than candidate list of the four seats allocated, these four seats respective party or coalition are then allocated to such of parties and shall constituencies in a second step. The comprise List A. The rest of remaining seats are then distributed the candidates on the in a third step to the constituencies candidate list shall retain which had obtained more than four the initial ranking thereof on seats in the first step. the list and shall comprise List B. (...) Electoral Code, Annex № 1 to Article 248, para. 1 Methodology for the results of the vote and the allocation of seats during elections for members of parliament I. General 1.1. The methodology used is the Hare - Niemeyer method for the distribution of seats by electoral regions (constituencies) for elections for Members of the National Assembly and the Grand National Assembly. 1.2. Voting takes place in the country's multi-electoral regions (MER) and abroad. 1.3. Seats are distributed between parties, coalitions and independent candidates. 1.4. Seats for parties and coalitions are personalised by the candidate lists and preferential voting.

Annex N°1, extract: II. Number of seats in MERs based on population numbers 2.1. In the elections for Members of the National Assembly, a total of 240 CDL(2014)058 - 22 -

seats are assigned. In elections for Members of the Grand National Assembly, a total of 400 seats are assigned. In any MER the number of seats assigned is in proportion to the population data provided by the National Statistical Institute (NSI) based on the results of the latest census by the Hare-Niemeyer method. The procedure is closed if all MERs are assigned 4 seats or more in elections for a National Assembly and 6 seats or more in elections for a Grand National Assembly. 2.2. If in a MER the number of seats under Section 2.1. is smaller than 4, or respectively 6, further seats are assigned to this MER so that the region has 4 and 6 seats respectively. This MER is excluded from consideration along with other MERs where 4 or 6 seats have been assigned as per Section 2.1. If the number of excluded areas is N, then 4N seats, respectively 6N seats are assigned (when elections for a Grand National Assembly take place). 2.3. The remaining 240-4N, 400-6N seats (when elections for a Grand National Assembly take place) are distributed, using the Hare- Niemeyer method, between the MERs which as per Section 2.1 were assigned 5, respectively 7 seats (in elections for a Grand National Assembly), or more seats.

- 23 - CDL(2014)058

Constitution Articles Chamber of Deputies: Constitution Ley Orgánica Constitucional Senate: No preference 46,47 & 49 60 multi-member (2 seats) Article 46. sobre Votaciones Populares y Closed party-list constituencies. The National Congress consists of Escrutinios system Electoral Law of 19 Closed party-list majority two (2) branches: the Chamber of Article 109 bis: April 1988 - Last system, with seats allocated Deputies and the Senate. Both En el caso de elecciones de amendment: 27 binomially, as follows: - if the concur in the formation of laws in Parlamentarios, el Tribunal June 2013 (Ley majority party obtains more conformity with this Constitution proclamará elegidos Senadores o Orgánica than two-thirds of the valid and have the other powers Diputados a los dos candidatos de Constitucional sobre votes cast, it is entitled to the established therein.Composition una misma lista, cuando ésta Votaciones two seats of the constituency - and Establishment of the Chamber alcanzare el mayor número de Populares if it obtains less than two-thirds, of Deputies and Senate. sufragios y tuviere un total de votos Escrutinios ) Articles it is entitled to one seat and the que excediere el doble de los que 109bis, 178 & 180 second seat goes to the Article 47. alcanzare la lista o nómina que le second-placed partyVacancies The Chamber of Deputies is siguiere en número de sufragios.Si of elective seats arising composed of one hundred and ninguna lista obtuviere los dos between general elections are twenty (120) members elected by cargos, elegirá un cargo cada una de filled by a nominee selected by direct ballot in the electoral district las listas o nóminas que obtengan the same party. established by the respective las dos más altas mayorías de votos organic constitutional law.The totales de lista o nómina, debiendo el Senate: Chamber of Deputies shall be Tribunal proclamar elegidos 19 multi-member totally renewed every four (4) Senadores o Diputados a aquellos Chile constituencies corresponding years. candidatos que, dentro de cada lista to the country's regions, with o nómina, hubieren obtenido las más each electing two Senators (so Article 49. altas mayorías.Si el segundo cargo 38 in total)- Closed party-list The Senate shall be composed of por llenar correspondiere con igual majority system with seats members elected by direct ballot in derecho a dos o más listas o allocated binomially (in the senatorial constituencies, with nóminas, el Tribunal proclamará same way as the Chamber of regard to the regions of the electo al candidato que hubiere Deputies)The law allows two or countries. The respective reunido mayor cantidad de more political parties to ally one constitutional organic law shall preferencias individuales.En caso de another to create "pacts". Pacts determine the number of the empate entre candidatos de una may present up to two senators, the senatorial misma lista o entre candidatos de candidates per electoral district constituencies and the manner of distintas listas o nóminas, que a su or senatorial constituency. It is their election.The senators shall vez estuviesen empatadas, el not mandatory for the remain in office for eight (8) years, Tribunal procederá, en audiencia candidates to be affiliated with and shall be partially renewed pública, a efectuar un sorteo entre any of the political parties every four (4) years, the renewal ellos, y proclamará electo al que forming the pact, but they taking place in one period with salga favorecido. cannot be affiliated with a regard to the representatives of political party outside the pact. odd-numbered regions and in the Article 178: Political parties not integrating following period with regard to the Para la elección de los miembros de a pact may present up to two representatives of even-numbered la Cámara de Diputados habrá candidates per electoral district regions and the Metropolitan Area. sesenta distritos electorales, cada CDL(2014)058 - 24 -

or senatorial constituency. In uno de los cuales elegirá dos this case, the candidates must Ley Orgánica Constitucional Diputados. be affiliated with that party. For sobre Votaciones Populares y every electoral district and Escrutinios senatorial constituency election Artículo 109 bis. the two political entities [either En el caso de elecciones de a) a pact, b) a political party not Parlamentarios, el Tribunal integrating a pact, or c) an proclamará elegidos Senadores o independent candidate not Diputados a los dos candidatos de integrating a pact] receiving the una misma lista, cuando ésta most votes are awarded one alcanzare el mayor número de seat each, with the leading sufragios y tuviere un total de votos candidate within each entity que excediere el doble de los que taking the seat. To win both alcanzare la lista o nómina que le seats, the leading entity must siguiere en número de sufragios. out poll the second leading entity by a margin of at least 2- Artículo 178 to-1. Para la elección de los miembros de la Cámara de Diputados habrá sesenta distritos electorales, cada uno de los cuales elegirá dos Diputados. Artículo 180 Para la elección de los miembros del Senado, cada región constituirá una circunscripción senatorial, excepto las regiones V, de Valparaíso; Metropolitana de Santiago; VII, del Maule; VIII, del Bíobío; IX, de la Araucanía, y X, de Los Lagos, que se dividirán en dos circunscripciones senatoriales, respectivamente. Cada circunscripción senatorial elegirá dos Senadores.Two deputies are elected from closed party-lists in each constituency. If the majority party obtains more than two-thirds of the valid votes cast, it is entitled to the two seats of the constituency. If it obtains less than two-thirds, it is entitled to one seat and the second seat goes to the - 25 - CDL(2014)058

second-placed party.

Constitution Proportional system Constitution Highest average Closed Party List No preference Articles 70-72 - 10 multi-member Article 70 d'Hondt formula system constituencies (14 seats each) The Croatian Parliament (Sabor) is No preference Act on the Election of the Act on the Election in the area of the Republic of a representative body of the people Act on the Election of the Representatives to the of the Croatia for 140 seats and is vested with the legislative Representatives to the Croatian Croatian Parliament Representatives to - one special constituency power in the Republic of Croatia. Parliament Article 41 the Croatian (three seats) for Croatian Article 40 From each list, elected Parliament (Official citizens residing abroad Article 71 The number of representatives that shall be the candidates Gazette nos. 116/99, (constituency No. 11) The Croatian Parliament shall have shall be elected from each list of a from the ordinal number 109/00, 53/03, 44/06, - one national constituency no less than 100 and no more than constituency shall be determined in 1 to that ordinal number 167/03, 19/07, 20/09, (eight seats) reserved for the 160 members, elected on the basis the following way: of how many 145/10, 24/11, 93/11 autochthonous national of direct universal and equal right The total number of valid votes that representative seats a and 120/11 - minorities (constituency No. 12) to vote by secret ballot. each list (the electoral mass of the particular list has won. consolidated text; list) has won is to be divided with Deputy candidates from "Election Act") as -140 are elected from 10 Article 72 numbers from 1 to finally 14, each list of a constituency amended on 21 July constituencies in the country, Members of the Croatian decimal rest also taking into account. shall be the candidates 2010 each constituency providing 14 Parliament shall be elected for a Of all the gained results, who have not been elected. Articles 40-41 MPs chosen from party lists or term of four years. representative seats shall win those independent lists. The number The number of members of the lists on which the 14 numerically However latest of members chosen from each Croatian Parliament, and the biggest results are shown, including Croatia amendment of 11 constituency list is established conditions and procedures for their the decimal rests. Each of these lists November 2011 in by the d'Hondt method. A list election, shall be regulated by law. shall win as much representative original language. must win at least 5% of the seats in the Parliament, as much votes to be entitled to a share single results among the 14 of these seats. numerically biggest results it has - three are elected in a special won. constituency by Croatians residing abroad. Article 41 - 8 are elected by members of The right to participate in the division the national ethnic minorities in of representative seats in a the country, in a special constituency shall be exercised by (national) constituency those lists that shall win in the elections at least 5% of valid votes. Vacancies arising between general elections are filled by substitutes elected at the same time as titular members. An MP elected from a constituency list is substituted by a candidate from the same list nominated by the political party that CDL(2014)058 - 26 -

proposed the list. An MP chosen in the ethnic minorities constituency is substituted by another candidate elected in the same constituency.

Constitution Articles Proportional system Constitution Largest remainder Open Party List system Several preferences 62-72 Article 621. Hare formula Several preferences Remark from the member: A 1. The number of Representatives Voters first select the list of Law on Election of number of laws were enacted shall be fifty: Provided that such Seats are distributed among lists a single party (or coalition Members of the in the interim period between number may be altered by a within each constituency by dividing of parties or a single House of the 1985 and 1995 elections resolution of the House of the total number of votes cast for independent candidate) Representatives, which introduced minor Representatives carried by a each list by the electoral quota (the and then, within the list, can Law 72(I) / 79 as amendments to the manner of majority comprising two-thirds of largest remainder method using mark one preference for amended Article 2a voting (Law 297/1987) the the Representatives elected by the Hare quota). The remaining seats every four seats to be filled voting age (Law 106(I)/1996) Greek Community and two-thirds are distributed among the parties or in their constituency.In the and filling vacancies (Law of the Representatives elected by coalitions of parties that won at least case of constituencies 118(I)/1996 and Law the Turkish Community. one seat in any constituency having fewer than three 115(I)/1996). The most 2. Out of the number of pursuant to the first distribution or, for seats, only one preference significant reform was Representatives provided in single parties, at least 1.8 per cent of can be marked. Party introduced by Law 71(I)/95 paragraph 1 of this Article seventy all valid votes cast throughout the leaders or other candidates which redefined the electoral per cent um shall be elected by the island (for coalitions of 2 or more heading coalitions do not threshold for the distribution of Greek Community and thirty per parties, the applicable figures are 10 require a preference mark seats at the second tier and cent um by the Turkish Community and 20 per cent, respectively). to be elected. Cyprus further amended the way seats separately from amongst their Notwithstanding the above, 3.6 per are allocated among the parties members respectively, and in the cent of the total number of votes cast Law on Election of that participate in the second case of a contested election, by are required for lists of single parties Members of the House of distribution For the purposes of universal suffrage and by direct participating in the second Representatives conducting elections, the and secret ballot held on the same distribution to be entitled to a second Article 2(a) Under Article Republic is divided into six day. The proportion of seat. 2(a) of the law 71(1)/1995, constituencies that correspond Representatives stated in this a political formation can to the six administrative paragraph shall be independent of participate in the second districts. The fifty six any statistical data. distribution of seats only if parliamentary seats are the following criteria are distributed to each constituency Article 651. The term of office of met :• Single parties with a based on the number of the the House of Representatives shall vote share equal to or registered voters in each be for a period of five years. (...) greater than the one 56th electoral district, as follows: of the total number of Nicosia 20, Limassol 12, Article 73(...) votes nationally,• Coalitions Famagusta 11, Larnaca 6, 4. (...) Provided that the total of two parties with a total Paphos 4, Kyrenia 3A number of the seats on such vote share equal to or proportional representation Committees distributed greater than ten percent system was adopted in the respectively to the Representatives (10%)• Coalitions of more - 27 - CDL(2014)058

1995 parliamentary election. elected by the Greek and the than two parties with a total Any political party managing to Turkish Communities shall be in vote share equal to or collect 1/56th share of the total the same proportion as that in greater than 20 percent votes validly cast in Cyprus as which the seats in the House are (20%)In order for parties or a whole is virtually guaranteed distributed to the Representatives coalition of parties to to have at least one elected by the Greek and the participate in the second representative (MP). Turkish Communities respectively. tier they should reach the abovementioned threshold. Article 771. The quorum of the If only one party or coalition House of Representatives shall of parties reaches the consist of at least one-third of the threshold(s) defined above, total number of its members. (...) then the party with the second largest vote share Law 71(I)/1995 participates in the second Under Article 2(a) of the law allocation provided that its 71(I)/1995, a political formation can vote share is greater than participate in the second the vote share of each one distribution of seats only if the of the parties of the following criteria are fulfilled:- coalition of parties (Article Single parties with a vote share 2(a) of the Law equal to or greater than the one 71(1)/1995). Otherwise, a 56th of the total number of votes coalition of parties is nationally- Coalitions of two parties allowed to participate in the with a total vote share equal to or second distribution only if greater than ten percent (10%)- its average vote share is Coalitions of more than two parties greater than the vote share with a total vote share equal to or of the second largest single greater than twenty percent (20%). party. This is calculated by (...) the division of the coalition’s share of valid votes by the number of parties forming the coalition. If no party or coalition of parties reaches the above criteria, then the parties or coalitions of parties that won the closest to the threshold vote shares, participate in the second distribution.In order for single parties to be allocated a second seat at the second tier they need CDL(2014)058 - 28 -

to have won a vote share equal to or greater than the two 56th [2/56] of the total number of votes on national level (Article 2(a) of the Law 71(1)/1995). The allocation of seats to candidates at the first and second tier is done according to the total number of votes of the candidates of each party. (Article 32.4 of the Law 72/1979) In case that two or more candidates of the same party or coalition of parties win an equal number of votes and the seats to be allocated to their party are less than the number of those candidates, the candidate(s) to be elected is determined by a raffle. (Article 6 of the Law 101(1)/1997)Party leaders and the leaders of coalition of parties are excluded from preference voting. They are placed at the top of the party list and are credited with as many votes as the total number of valid votes cast for the party at the national level (Article 4 of the Law 11(1)/1996).The House of Representatives is elected for a five year period, but may dissolve itself prematurely, by a decision taken by an absolute majority of its Members. - 29 - CDL(2014)058

Constitution Senate: Constitution Largest remainder Chamber of Deputies: Several preferences (4) Articles 15-16 & 19 Majoritarian system Article 15 Hare formula Open Party List system 81 single-member (1) The legislative power of the Several preferences (4) Voters choose a political Act no. 247/1995 on constituencies. Czech Republic is vested in the Electoral Code party but can also give four Elections of 27 Two-round system. Parliament. Additional remarks: candidates a preferential September 1995 as If necessary, a second round is (2) The Parliament consists of two Article 39 electors may cast four vote. amended in 2014 held six days after the first chambers, the Assembly of In the section designated for the preference votes for Articles 24, 26, 39, 48 round. No threshold is required Deputies and the Senate. completion of ballot tickets each candidates on their Determination of the & 50 to win a seat in the second voter shall place one ballot ticket into chosen party list. Number of Deputies round. Article 16 the official envelope. He/she may Candidates receiving at Elected in Election Vacancies arising between (1) There shall be 200 Deputies in circle the identification numbers least 5% of the total Regions general elections are filled the Assembly of Deputies, who are of up to 4 candidates on any ballot number of votes cast for Article 50 through by elections held within elected to a four-year term. ticket and – on the same ballot ticket their party have priority in (...) (5) If the amount of 90 days, except in the last year (2) There shall be eighty-one – indicate his/her preference of one the allocation of seats, preferential votes acquired of the term of the Senator Senators in the Senate, who are of them. No other modifications of a regardless of their by any candidate in the concerned. elected to a six-year term. Every ballot ticket shall be taken into position on the list. election region is equal to second year elections for one-third account in the course of its or exceeds 5% of the Chamber of Deputies: of the Senators shall beheld. consideration. - the number of overall amount of valid Proportional system preferential votes has votes given to his/her 14 multi-member Article 19 Article 48 changed throughout the political party, movement or constituencies ("electoral (1) Any citizen of the Czech (…) (2) The overall amount of valid years. In coalition in the election Czech regions"). Republic who has the right to vote votes cast in every election region the parliamentary region, such candidate Republic Each elector votes for the party and has attained the age of twenty- shall be divided by the national elections of 1996 and shall be given priority over list of his/her choice and can one is eligible for election to the mandate number. The result 1998 and again 2010 and the other candidates in the also give four preferential votes Assembly of Deputies. determines the amount of mandates 2013, process of allocation of to individual candidates on the (2) Any citizen of the Czech allocated to individual election there were 4 votes; in the mandates. list. Republic who has the right to vote regions. elections of 2002 and (6) If more candidates meet To gain parliamentary and has attained the age of forty is (3) If all mandates are not allocated 2008, there were two the condition defined in representation, each party eligible for election to the Senate. in the aforementioned way, the votes; Section 5 herein and their needs to receive at least the 5 (...) remaining mandates shall be - similarly, the number of political party, movement or per cent of the votes allocated to those election regions preferential votes a coalition acquires several nationwide. The threshold will Act no. 247 on Elections showing the largest remainders in candidate needs to get to mandates, all such be raised to 10 per cent for Article 24 descending order. Should any two or be given priority has candidates shall be given two-party coalitions, 15 per The Chamber of Deputies has 200 more election regions show the changed - 10% (1996, priority over the other cent for three-party coalitions members elected for four years. same remainders, the election 1998), 7% (2002, 2006) candidates and the order and 20 per cent for coalitions of region(s) to receive the remaining and 5% of such candidates shall four or more parties. Article 26 mandate(s) shall be drawn. (2010, 2013). be determined by the A candidate who receives over The elections to the Chamber of - preferential votes have actual amount of 5 per cent of the preferential Deputies are held in all election Article 50 not usually had a major preferential votes votes at the regional level will regions of the Czech Republic in Scrutiny impact upon the results acquired by each of be placed at the top of the party compliance with the principle of (1) The overall amount of valid votes of the parliamentary them. If several candidates list. In cases where several proportional representation. Each given to each political party, elections: in 1996 no obtain the same amount of candidates receive over 5 per higher self-governed unit defined movement and coalition included in candidate got to the preferential votes, their CDL(2014)058 - 30 -

cent of preferential votes, they by special legal regulations is scrutiny shall be successively chamber of order in the process of will be placed on the list in regarded as an election region. divided by 1, 2 and 3 and then deputies thanks to such allocation of mandates descending order based on the always by a figure higher by 1. votes; in 1998 - 2 shall be determined by their total number of preferential The total amount of calculated candidates; 2002 - 12 order on the ballot ticket. votes they receive. fractions shall correspond with the candidates; 2006 - 6 The order of all candidates Vacancies arising between overall number of candidates candidates; 2010 - 46 not meeting the condition general elections are filled by specified in ballot ticket, excluding candidates (!! so called defined in Section 5 shall substitutes elected at the same the candidates who have resigned or circling revolution); 2013 - be determined time as titular members. have been withdrawn after the dates unavailable. (7) The unelected registration of candidate lists in candidates of all political compliance with Article 36. All parties, movements and fractions shall be calculated to two coalitions acquiring at least decimal positions and rounded up. 1 mandate shall become (2) All fractions calculated in alternate members. The compliance with Section 1 shall be order of individual arranged in descending order. The candidates within such resulting list of fractions must equal political parties, the number of mandates allocated to movements and coalitions the election region in compliance shall be specified in with Article 48. If 2 or more fractions compliance with Sections 4 are equal, their order shall be through 6. determined by the overall amount of votes given to the political party, movement or coalition concerned in election region. If the amounts of votes are also the same, the order shall be drawn. Each fraction shall be stated together with the name of the political party, movement or coalition to which it relates. (3) Each political party, movement and coalition shall receive 1 mandate for each fraction included in the list defined in Section 2 herein. (4) The order in which the candidates of individual political parties, movements and coalitions receive mandates pursuant to Section 2 shall be determined by their order in ballot ticket. (...)

- 31 - CDL(2014)058

Constitutional Act Proportional system- Constitution Highest average Open Party List system Several preferences Articles 28, 31 (1) & 10 multi-member Article 28 The Folketing shall Several preferences 32(1) constituencies corresponding consist of one assembly of not Allocation of Constituency Seats: A voter can either put the to counties, subdivided into 92 more than one hundred and D'Hondt formula cross on the name of party Parliamentary nomination districts.- Each seventy-nine members, of whom or against the name of one Elections Act as of 8 elector can cast either a two members shall be elected in Allocation of Compensatory Seats: of the candidate. If the February 2011 "personal vote" for one of the the Faeroe Islands and two specific divisor formula "usual" form of list Articles 10, 76-79 & candidates or a vote for one of members in Greenland. organization is used, a 81-82 the party lists. They can vote Allocation of Compensatory Seats to voter can also vote for one for any of the candidates or Article 31 (1) The members of Parties by Region: Sainte Laguë of the party/s other parties of their constituency, the Folketing shall be elected by formula candidates in the not being limited to those of general and direct ballot. (...) constituency. their nomination district. - Of Parliamentary the 175 seats reserved for Article 32(1) The members of the Elections Act Parliamentary Elections Denmark proper, 135 seats are Folketing shall be elected for a Allocation of Constituency Seats Act distributed among the period of four years. (...) Article 76(1) The votes cast for each Article 81(1) The constituencies. In order to party in all nomination districts in a candidates are elected in distribute these constituency Parliamentary Elections Act multimember constituency shall be the order of the size of seats among the political Article 10(1) Of the nationwide summed up. The votes cast for each their votes, as many as groups in contention, the total 175 seats, 135 are constituency individual candidate shall equally be the party has acquired vote of each party in a seats and 40 are compensatory summed up. seats in the multimember Denmark constituency is divided by 1, 3, seats. The distribution of seats (2) Each number of votes appearing constituency, cf. however 5 and so on by odd numbers in among regions and among as a result of the summation, cf. section 82. in case of an order to arrive at the quotients multimember constituencies are subsection (1), shall be divided by 1 equality of votes, lots shall on the basis of which seats are determined and announced by the – 2 – 3 and so on until such number be drawn. (...) allocated). - The 40 remaining, Minister for the Interior and Health of divisions equivalent to the or compensatory, seats are following publication of the maximum number of seats expected Article 82(1) if a party has then distributed among the population figure as at January 1st to be allocated to the party or to the registered a party list in the parties which either have won 2010, 2015, 2020, etc., and the independent candidate has been multimember constituency, at least one constituency seat; distribution subsequently applies to performed. The party or the cf. section 41(1), the have obtained, in two electoral the following elections. independent candidate having the candidates who are elected regions, at least as many votes (2) The distribution is fixed highest resulting quotients shall be shall be determined as as the average number of valid proportional to numbers, which for given the first seat in the follows-(i) The total number votes cast in the region, per each region and each multimember constituency. The of votes of the party in the constituency seat; or have multimember constituency are second highest quotient entails the multimember constituency, obtained at least 2% of all valid computed as the sum of: 1) the second seat and so on and so forth, cf. section 76(1), shall be votes cast in the country as a population; 2) the number of voters until all constituency seats in the divided by a figure which whole. - When it has been in the last general election; and 3) multimember constituency have is the number of decided which parties are the area in square kilometres been distributed among the parties constituency and entitled to a share of the multiplied by 20, of the appropriate and the independent¬ candidates. If compensatory seats compensatory seats, the region or multimember two or more quotients are of equal acquired by the party in number of seats which each constituency, respectively. If the size, lots shall be drawn. the multimember party is proportionately entitled number of seats resulting from the constituency, increased CDL(2014)058 - 32 -

to of the 175 seats is calculated distribution are not integers and, Article 77(1) Compensatory seats by one. The resulting on the basis of the total number therefore, do not add up to the shall be allocated to parties which figure shall be increased, of votes cast for these parties necessary number of seats when have either (i) obtained at least even if an integer, to the in all parts of the country. From fractions are eliminated, the largest one constituency seat; or, (ii) in nearest integer. This figure the number of seats thus fractions shall be increased until two of the three regions specified in is hence the distribution arrived at for each party, the the number has been reached (the section 8(1) obtained at least a figure of the party in the number of constituency seats method of the largest remainders). number of votesJ19 equivalent to the multimember already obtained by the party is If two or more fractions are of equal average number of valid votes per constituency;(ii) if a deducted. The resulting figure size, lots shall be drawn. constituency seat in the region; or, candidate after the is the number of compensatory (3) According to the computation (iii) obtained at least two per cent of summation in section 80(2) seats due to the party. - rule in subsection (2), the 175 the valid votes cast in all Denmark. has obtained a vote in the Candidates who have been seats are first distributed among (2) The number of votes cast in multi member constituency nominated but not elected the three regions. Next, the 135 favour of each party in all Denmark equivalent to or higher than figure on a list of substitute constituency seats are distributed shall be computed for each of the the distribution figure, the members drawn up by the accordingly among the regions. parties which are entitled to candidate is elected.if two Ministry of Interior after each Finally, the constituency seats are compensatory seats according to or more candidates have general election. These distributed among the subsection (1). The total number of obtained the distribution substitute members fill the multimember constituencies within votes for these parties shall be figure, the candidates are seats which become vacant the appropriate regions. divided by the figure 175 with elected in the order of the between general elections. (4) If, by computation according to deduction of the number of party list;(iii) if this is subsection (3), the Multimember constituency seats which may insufficient to fill the seats Constituency of Bornholm fails to have accrued to independent acquired by the party in the obtain at least two seats, a second candidates. Votes cast for each multimember constituency, distribution of seats shall be party shall be divided by the resulting the other candidates are undertaken in which the figure. The resulting quotients elected in the order of the Multimember Constituency of indicate the number of seats to which party list, as many as the Bornholm is allocated two seats in each party is entitled in proportion to party remains entitled to advance. The remaining 133 its vote. If these quotients are not seats;(iv) if none of the constituency seats shall be finally integers and, therefore, do not add candidates have obtained distributed among the other up to the whole number of seats the distribution figure, the multimember constituencies as when fractions are eliminated, the candidates are elected in specified in subsection (3). largest fractions shall be increased the order of the party list, (5) The number of compensatory until the number has been reached as many as the party has seats for allocation to each region (method of the largest remainders). If acquired seats in the multi shall be computed as the two or more fractions are of equal member constituency. difference between the overall size, lots shall be drawn. number of seats in the region and (3) If no parties have obtained more the number of constituency seats constituency seats than the total in the region. number of seats to which the party is entitled in proportion to its vote, cf. subsection (2), the allocation in subsection (2) shall be final. Hence, the number of compensatory seats - 33 - CDL(2014)058

to be allocated to the respective parties shall be computed as the difference between the party’s total number of seats and its constituency seats. (4) If a party has obtained more constituency seats than the total number of seats to which the party is entitled in proportion to its vote, cf. subsection (2), a second computation shall be made. In this computation parties which have obtained a number of constituency seats equivalent to or larger than the total number of seats to which they are entitled in proportion to their votes shall be disregarded. For the parties which are subsequently considered, the seats shall be allocated according to similar rules as in subsection (2), and the number of compensatory seats to be allocated to the respective parties shall be computed as stated in subsection (3). (5) Where, by the second computation, a party has obtained more seats than the number of seats to which the party is entitled in proportion to its vote, cf. subsection (2), the party shall be allocated the number of seats to which it is entitled in accordance with subsection(2). The remaining seats shall be redistributed among the other parties according to similar rules as in subsections (2) and (3).

Allocation of Compensatory Seats to Parties by Region Article 78 (1) For each of the parties which are allocated compensatory seats CDL(2014)058 - 34 -

according to section 77, the number of votes cast for the party in each of the three regions shall be computed. (2) Each of these votes shall be divided by the figures 1-3-5-7 and so on. Next, a number of the largest quotients equivalent to the number of constituency seats obtained by the party in the region according to section 76 shall be omitted. (3) The region and the party which subsequently has the largest quotient shall have the first compensatory seat. The region and the party which has the second largest quotient shall have the next compensatory seat and so on and so forth. Where a region or a party has obtained the number of compensatory seats it should have, cf. sections 10 and 77, the region or the party shall not be considered any further. The allocation continues for the other regions and the other parties until all compensatory seats have been distributed. If a party which has not received votes in all three regions cannot be allocated the compensatory seats to which the party is entitled by this distribution, these seats shall be allocated in advance to the party in the regions where votes have been cast in its favour.

Allocation of Compensatory Seats to Parties by Multimember Constituency - Article 79 (1) In the region(s) where a party has obtained compensatory seats according to section 78, the party’s number of votes in the respective multimember constituencies shall be - 35 - CDL(2014)058

divided by the figures 1-4-7-10 and so on. In each multimember constituency a number of the largest quotients equivalent to the number of constituency seats obtained by the party in the multimember constituency shall subsequently be omitted. (2) The multimember constituency which subsequently has the largest quotient shall have the first compensatory seat. The next compensatory seat shall be allocated to the multimember constituency which has the second largest quotient and so on and so forth until the number of compensatory seats which the party has obtained in the region has been distributed. (3) If, by distribution of compensatory seats in regions or multimember constituencies, two or more quotients are of equal size, lots shall be drawn.See also in the next cell Article 82.

Constitution Proportional system Constitution Modified d'Hondt formula Open Party List system One preference Article 60 - 12 multi-member (6 to 13 Article 60 One preference seats, according to population) The Riigikogu shall be comprised Candidates are listed on the ballot RIIGIKOGU Election Act Riigikogu constituencies. of one hundred and one members. paper on which each elector Additional remarks: § 62 Verification of Election Act as - Direct party-list voting with Members of the Riigikogu shall be indicates his or her choice. In voters chose their single election results amended on proportional distribution of elected in free elections on the determining the electoral results, a candidate by number (1) A simple quota shall be 19 June 2014 seats in three rounds of principle of proportionality. simple quotient is calculated for each when voting and it is only calculated for each Articles 1, 6-7, 39 & counting according to a simple Elections shall be general, uniform district by dividing the number of through the candidate of electoral district, which shall Estonia 62 electoral quotient. The and direct. Voting shall be secret. valid votes cast by the number of choice that a vote is be obtained by dividing the distribution of leftover (...) seats allocated to the district; each attributed to the number of valid votes cast "compensation mandates" (26 candidate who obtains more votes respective list. in the electoral district by seats) takes place on the basis RIIGIKOGU Election Act than this quotient is declared elected. the number of mandates in of a modified d'Hondt method. § 1. Bases of election system Moreover, candidates presented on the district. - Candidates are listed on the (1) The Riigikogu is comprised of party lists are enumerated by order (2) A candidate for whom ballot paper on which each 101 members. of votes obtained; each of these lists the number of votes cast elector indicates his or her (2) Riigikogu elections shall be is allocated a number of seats equal exceeds or equals the choice. In determining the free, general, uniform and direct. to the number of times its votes simple quota is elected. CDL(2014)058 - 36 -

electoral results, a simple Voting shall be secret. obtained exceed the quotient, those (3) In the lists of candidates quotient is calculated for each (3) Each voter has one vote. candidates receiving the most votes of those political parties in district by dividing the number (4) The results of the elections shall being declared elected. Finally, an electoral district whose of valid votes cast by the be determined on the basis of the mandates not assigned at the district candidates receive at least number of seats allocated to proportionality principle. level are distributed as national 5 per cent of the votes the district; each candidate who (...) "compensation mandates" on the nationally, the candidates obtains more votes than this basis of a modified d'Hondt method shall be ranked quotient is declared elected. § 6. Electoral districts among those parties and electoral according to the number - Candidates presented on Riigikogu elections shall be held in coalitions whose candidates of votes cast for each party lists are enumerated by twelve multi-mandate electoral obtained at least 5% of the national candidate. (...) order of votes obtained; each districts. (...) vote. of these lists (in case it obtained 5% of votes § 7. Distribution of mandates § 62 Verification of election results nationwide) is allocated a between electoral districts (1) A simple quota shall be number of seats equal to the (1) The National Electoral calculated for each electoral district, number of times its votes Committee shall, by a resolution, which shall be obtained by dividing obtained exceed the quotient, distribute the mandates between the number of valid votes cast in the those candidates receiving the the electoral districts as follows: electoral district by the number of most votes (but at least 10% of 1) the total number of voters shall mandates in the district. simple quota) being declared be divided by the number 101; (2) A candidate for whom the elected. The number of seats is 2) the number of voters in an number of votes cast exceeds or increased by one in case the electoral district shall be divided by equals the simple quota is elected. remaining votes obtained by the number obtained as a result of (3) In the lists of candidates of those the list is at least 75% of the the calculation specified in clause political parties in an electoral district simple quota. 1) of this subsection; whose candidates receive at least 5 - Mandates not assigned at the 3) each electoral district shall be per cent of the votes nationally, the district level are distributed as awarded a particular number of candidates shall be ranked national "compensation mandates in correspondence with according to the number of votes mandates" on the basis of a the integer of the number obtained cast for each candidate. The votes modified d'Hondt method as a result of the calculation made cast for candidates standing in the among those parties whose according to clause 2) of this list of candidates of the same political candidates obtained at least subsection; party in an electoral district shall be 5% of the national vote. Seats 4) mandates which are not totalled. A political party shall be will be distributed based on the distributed pursuant to clause 3) of given as many mandates as the position in the national this subsection shall be distributed number of times by which the candidates list (without re- on the basis of the largest- number of votes it receives in the ranking based on the number remainder rule, using the fractions electoral district exceeds the simple of votes for the candidate), but of numbers obtained as a result of quota. Mandates obtained pursuant those candidates who have the calculation specified in clause to subsection (2) of this section are received less than 5% of 2) of this subsection. also deemed to be mandates of a simple quota in the respective (2) The number of voters shall be political party. The number of constituency will not receive a obtained on the basis of the mandates of a political party shall be mandate. In case there not information held in the Estonian increased by one if the remaining - 37 - CDL(2014)058

enough candidates exceeding Population Register (hereinafter votes total at least 75 per cent of the the requirement of 5% votes of population register) as at the first simple quota. A political party shall the simple quota, the mandates day of the month when the also be given a mandate if the are allocated to those elections are called. number of votes is at least 75 per candidates in the same party (3) The Minister of Regional Affairs cent of the simple quota. The list who have received the shall submit the number of voters candidates positioned further largest part of the simple quota by county, and by city district in towards the top of the list for whom in their constituency. Tallinn, to the National Electoral the number of votes cast amounts to - Vacancies which occur Committee within three working at least 10 per cent of the simple between general elections are days as of the calling of elections. quota are elected. If at least two filled by candidates who are (4) The National Electoral candidates receive an equal number "next-in-line" on the list of the Committee shall promptly disclose of votes, the candidate who is party or electoral coalition the resolution specified in positioned further towards the top of which formerly held the seat. subsection (1) of this section. the national list of candidates shall be They are also known as [RT I 2004, 22, 148 - entry into elected. "substitute members". force 08.04.2004] (4) Mandates which are not distributed in electoral districts on the basis of a simple quota shall be distributed as compensation mandates between the political parties whose candidates receive at least 5 per cent of the votes nationally. (5) The compensation mandates shall be divided according to the d'Hondt distribution method with the distribution series of 1, 20.9, 30.9, 40.9, etc. In calculating the comparative figure of each party, as many first elements of the series shall be omitted as the number of mandates obtained by the party in the electoral districts. If the comparative figures of at least two political parties are equal, the political party whose candidates are further towards the bottom of the general list of candidates in the electoral district shall be given the mandate. (6) The candidate who is positioned further towards the top of the list and for whom the number of votes cast amounts is at least 5 per cent of the CDL(2014)058 - 38 -

simple quota shall be given a compensation mandate in the national list of candidates. Upon the distribution of mandates, the candidates who were elected in electoral districts shall be omitted. (7) If, upon the distribution of compensation mandates, it becomes evident that there are not enough candidates in the national list of candidates for whom the number of votes cast is at least 5 per cent of the simple quota of his or her electoral district, the candidate of the same list who has received the highest percentage of votes of the simple quota of his or her electoral district shall be given a compensation mandate. In the event of an equal number of votes, the candidate who is further towards the top of the submitted list shall be given a compensation mandate. (...)

Constitution Proportional system ConstitutionSection 24 - D’Hondt system Open Party List system One preference Sections 24 & 25 Composition and term of the One preference 14 multi-member (6 to 33 Parliament D’Hondt system of proportional Electoral Act Electoral Act as of seats) provincial The Parliament is unicameral. It representation is used. In the first Section 89 Method of 2013 constituencies- 1 single- consists of two hundred stage the total number of votes for counting election result Sections 6, 89 & 107- member constituency (province Representatives, who are elected each group is calculated: - the (1) The mutual ranking 126 of Aland) - 199 members are for a term of four years at a number of votes received by an order of candidates elected in 14 constituencies by time.The term of the Parliament individual party that does not belong representing a party that is proportional representation. begins when the results of the to an electoral alliance;- the number not in an electoral alliance Finland Seats are distributed among parliamentary elections have been of votes received by an electoral or the mutual ranking order the individual parties, or confirmed and lasts until the next alliance;- the number of votes of candidates representing alliances of several parties. For parliamentary elections have been received by a joint list;- the number of a joint list is determined by the distribution of seats within held. votes received by a voters’ the number of personal each list, candidates are association that does not belong to a votes cast for the ranked according to the Section 25 joint list. candidates. In this order, number of personal votes they Parliamentary elections the candidates are given a have polled.- one member is The Representatives shall be Electoral Act comparative index so that elected by simple majority vote elected by a direct, proportional Section 76 Voting on the polling the first ranked candidate in in the province of Aland- and secret vote. Every citizen who day each party or joint list gets - 39 - CDL(2014)058

Vacancies arising between has the right to vote has equal (1) The eligible voter has in the total number of votes general elections are filled by suffrage in the elections.For the parliamentary elections and cast for the said party or the individuals who are "next in parliamentary elections, the municipal elections the right to vote said joint list as his or her line" on the list of the party country shall be divided, on the for a candidate in the master list of comparative index, the which formerly held the seat. basis of the number of Finnish candidates for the electoral district or second ranked candidate citizens, into at least twelve and at municipality in which the voter is half of the number, the third most eighteen constituencies. In registered as eligible voter in the ranked candidate one third addition, the Åland Islands shall election in question, in elections to of the number, the fourth form their own constituency for the the European Parliament to vote for candidate one fourth of the election of one Representative. (...) a candidate in the master list of number and so forth. Electoral ActSection 6 — candidates, and in the presidential (2) The mutual ranking Division of parliamentary seats election to vote for a candidate in the order of candidates between electoral districts list of presidential candidates. representing parties that (1) With the exception of the (2) The voter must mark the belong to an electoral electoral district of Åland, a total of number of the candidate he or she alliance is, regardless of the 199 representatives are elected by is voting for in the ballot in such a party, determined by the proportional vote in the other manner that there can be no number of votes cast for electoral districts. In the electoral uncertainty as to whom he or she each candidate. In this district of Åland, one representative has voted for. The marking must be order, the candidates are is elected as provided below. (...) made in a voting booth or, if this is given a comparative not possible without causing undue index so that the first hardship to the voter, somewhere ranked candidate else in a manner that maintains the receives as his or her election secrecy. comparative index the total number of votes cast for the electoral alliance, the second candidate half of the number, the third candidate one third of the number, the fourth candidate one fourth of the number and so forth. (3) A candidate representing a constituency association that does not belong to a joint list has the number of votes cast for him or her as the comparative index.

CDL(2014)058 - 40 -

Constitution National Assembly Constitution Not relevant Not relevant Not relevant Article 24 Majoritarian Two-Round Article 24 system (...) Members of the National Electoral Code as Single-Member Majoritarian Assembly, whose number must not amended in June Systems in two rounds exceed five hundred and seventy- 2012 577 single-member seven, shall be elected by direct Titre II : Dispositions constituencies: suffrage. spéciales à l'élection - 556 for metropolitan France The Senate, whose members must des députés - 10 for overseas departments not exceed three hundred and ("collectivités territoriales") forty-eight, shall be elected by - 11 for French citizens living indirect suffrage. The Senate shall abroad". ensure the representation of the A candidate is elected in the territorial communities of the first round if he/she obtains an Republic. absolute majority of the total French Nationals living abroad votes cast, provided this shall be represented in the National amount is equal to a quarter of Assembly and in the Senate. the number of registered voters in the particular constituency. In order to be eligible for the second round, candidates must France have obtained a number of votes equal to at least 12.5% of the total number of registered voters. However, if only one candidate fulfils this condition, the person who polls the second largest number of votes in the first ballot may also participate in the second at which, to be elected, a simple majority suffices. Should a seat become vacant during the course of a legislature, the alternate who was elected along with the titular candidate is called on to fill the seat if the titular candidate is deceased or appointed to a government post or to sit on the Constitutional Council or if the titular candidate has been - 41 - CDL(2014)058

called away on a temporary mission assigned by the government and extended for a period exceeding six months; in all other cases, by-elections are held within the three months following vacation of the seat (unless the vacancy arises in the final year of the legislature).

Senate: Indirect election (348) by popularly chosen departmental electoral colleges. 128 territorial constituencies (number of seats dependent on population) comprising the departments of metropolitan France, overseas departments and territories, territorial collectivities and French citizens residing abroad Indirect election by popularly chosen departmental electoral colleges with mixed system of voting: - Two-round majority ballot in the departments that elect from one to three senators and in all overseas departments and collectivities (48 per cent at the end of the current transitional period, in 2010); - Proportional representation, with allocation of seats according to the highest average, without the possibility of voting for candidates of more than one party and with closed lists, in the departments that elect four or more senators (52 per cent at the end of the current transitional period, in CDL(2014)058 - 42 -

2010). Vacancies of Senate seats elected on a majority basis are filled by substitutes elected at the same time as titular members, except in certain cases (such as resignation) when by-elections are held within three months (except in the last year before the next normal partial renewal). Vacancies of proportional representation Senate seats are filled by the "next-in-line" candidates of the party list concerned.

Constitution Mixed Parallel system Constitution Hare-Niemeyer formula (for the For the proportional No preference Articles 4, 49, 50 & Proportional Representation Article 4 proportional closed party list component: Closed 105 lists and Majoritarian 1. After the creation of appropriate component) Party List system Election Code constituencies conditions and formation of the No preference Article 125. Summarizing Election Code (The - One nationwide constituency bodies of local self-government Election Code Election Results at the Organic Law of for the PR system. throughout the whole territory of Article 125. Summarizing Election Additional remarks: CEC (Central Election Georgia of 7 March - 73 single-member Georgia two chambers shall be set Results at the CEC (Central parallel voting or Commission) 2014 № 2093, constituencies for the majority up within the Parliament of Election Commission) Supplementary Member (…) published on system. Georgia: the Council of Republic (…) or Mixed Member 6. If the total number of 14.03.2014) - 77 seats by the Proportional and the Senate. 3. A candidate for member of Majoritarian : combining mandates received by Article 125 Representation system (closed 2. The Council of Republic shall Parliament, who receives more votes first-past-the-post with parties or election blocs party List system) consist of members elected after a than others, but not less than 30% of party-list proportional turns out to be less than 77, Parties exceeding a 5-per cent proportional system. total number voters participating in representation. each mandate from the Georgia threshold are entitled to win 3. The Senate shall consist of elections in the respective (Proportional unassigned mandates seats under the PR system. members elected from Abkhazia, majoritarian election district, shall be representation: closed shall be sequentially - 73 seats by the Majority the Autonomous Republic of Ajaria considered to be elected in the party-list). granted to each of those system (first past the post): If and other territorial units of Georgia majoritarian election district. (…) party lists having overcome no candidate secures 30 per and five members appointed by the 4. Mandates of the Members of the the threshold and having cent of the valid vote, run-off President of Georgia. Parliament of Georgia shall be received less than 6% of elections will be held between 4. The composition, authority and granted only to the party list that total mandates with the the two leading candidates. election procedure of the chambers receives no less than 5% of total purpose of supplementing shall be determined By the Organic votes. Invalid ballots shall not be such party lists up to 6 Law. counted as votes. mandates. (...) 5. For determining the number of Article 49 mandates received by a party list, 1. Unless the conditions prescribed the number of votes received by - 43 - CDL(2014)058

by the Article 4th of the Constitution this list must be multiplied by 77 of Georgia are set up, the and divided by the total number of Parliament of Georgia shall consist the votes received by the election of 77 members of the Parliament subjects. The whole number of the elected by a proportional system result represents the number of and 73 members of Parliament mandates received by the party list. elected by a majority system for a 6. If the total number of mandates term of four years on the basis of received by parties or election blocs universal, equal and direct suffrage turns out to be less than 77, each by secret ballot. (...) mandate from the unassigned mandates shall be sequentially Article 50 granted to each of those party lists (...) 2. The mandates of the having overcome the threshold and members of the Parliament under having received less than 6% of total proportional system shall be mandates with the purpose of distributed only among those supplementing such party lists up to political unions and electoral blocs, 6 mandates. who obtain at least 5% of the votes 7. If, after the assignment of of the voters, participated in the mandates under the procedure elections. After distribution of the prescribed by paragraph 6 of this mandates of MPs, those electoral Article, any election subject still has subjects, which gathered less than 6 mandates, with the mandates less than that is required purpose of supplementing such party to establish parliamentary faction, lists up to 6 mandates, one mandate shall be added mandates in shall be successively deducted from accordance with the legislation of the election subjects having received Georgia unless they gather more than 6 mandates and as a necessary number of mandates for result of this deduction the number establishment of a faction. mandates remaining with this Distribution of mandates among election subject is no less than 7 MPs elected under majoritarian mandates. system shall be determined by the 8. If there are still unassigned Electoral Legislation. mandates left after the procedures prescribed by paragraph 6 of this Article 105 Article, they shall be successively (...) 2. Election under the granted before the expiration of the proportional system shall be term of the mandate to the election conducted with a single party list. subjects having received no less 3. A political association or an than 6 mandates without a electoral block shall be entitled to supplement. nominate a candidate to the office 9. If the number of votes received by of a member of the Parliament 2 or more party lists turns out to be before a majority election district, equal, the mandate shall be granted CDL(2014)058 - 44 -

the candidate being at the same to the party list which was first to time on its party list as well. register at the CEC. 4. The candidate having obtained 10. If a candidate for member of the most number of votes but not less Parliament of Georgia is elected both than one third of the participants to under majoritarian election system the ballot shall be deemed to be and under the party list, he/she shall elected in the majority electoral be considered to be elected under district. the majoritarian system. The place of 5. If none of the candidates such a candidate in the party list shall obtained the required number of be taken by another candidate in votes in the first round, a second accordance with the procedures round shall be held. Two defined by paragraph 2 of Article 130 candidates having the best results of this Law. shall participate in the second 11. The candidates for member of round. The candidate having the Parliament of Georgia whose obtained the most number of votes assigned numbers in this list are less shall be deemed to be elected. (...) than or equal to the number of mandates received by the list, shall be deemed elected under party lists. The number of MPs elected according to this list, remains unchanged. (…)

Constitution Articles Combined system Constitution Hare-Niemeyer formula For the proportional No preference 38, 39 & 51 Article 38 component: Federal Council: (1) The deputies to the German Federal Elections Act Closed Party List Federal Elections Indirect election House of Representatives Section 4 - Votes system Act as amended on 299 members are elected [Bundestag] are elected in general, Each voter shall have two votes, a No preference 3 May 2013 under the majority (first-past- direct, free, equal, and secret first vote for electing a member of Part I, Sections 1 and the post) system and the elections. They are representatives parliament for the constituency Additional remarks: 4, 5 & 6 remaining seats are filled of the whole people, not bound by and a second vote for electing a mixed-member through the proportional orders and instructions, and Land list. proportional representation system using subject only to their conscience. representation or Germany the party list. - Each voter has 2 (...) Section 5 - Election in the "Compensatory PR" with votes: 1 ("first vote") for an ConstituenciesEach constituency closed list. individual candidate in one of Article 39 shall elect one member. The the constituencies (majority (1) Except for the following candidate obtaining the majority of system), and 1 ("second vote") provisions, the Bundestag is the votes cast shall be considered for the party list in the Länder. - elected for four years. Its electoral elected. In the event of a tie, the Under the majority system, the term ends with the convening of a election shall be decided by the candidate having received the new Bundestag. The new elections Constituency Returning Officer by highest number of first votes in are held, at the earliest, forty-six drawing lots. each constituency is declared months after, or at the latest, forty- - 45 - CDL(2014)058

elected. Parties which won at eight months after the beginning of Section 6 - Election by Land List least 5 per cent of the second the new electoral period. In case of (1) For the distribution of seats to be votes cast nationwide or those dissolution of the Bundestag new occupied on the basis of Land lists, which won at least three seats elections are held within sixty days. the second votes cast for each Land under the majority system are (...) list shall be added together. The entitled to win seats under the second votes of such voters shall be proportional representation Article 51 disregarded as cast their first votes system. - If a party wins more (1) The Bundesrat shall consist of for a successful constituency seats in the majority system members of the Land governments candidate nominated in accordance (the first vote) than it is entitled which appoint and recall them. with Section 20 subsection (3) or by to by the results of the Other members of their a party disregarded in the distribution proportional representation governments may serve as of seats pursuant to subsection (3) or system (second vote), it can alternates. not permitted to submit a Land list in keep the additional seats, (2) Each Land shall have at least the Land in question. The number of called "overhang seats" three votes; Länder with more than successful constituency candidates (Überhangmandate). - Based two million inhabitants shall have specified in the second sentence on the 2013 amendments to four, Länder with more than six shall be deducted from the total the Federal Electoral Act, in million inhabitants five, and Länder number of members of parliament cases where some parties with more than seven million (Section 1 subsection (1)). obtain overhang seats, inhabitants six votes.(3) Each Land (2) For an initial distribution, first the “compensatory seats” may delegate as many members total number of seats (Section 1 (Ausgleichsmandate) are as it has votes. The votes of each subsection (1)) shall be allocated to added to other parties in order Land may be cast only as a block the Länder on the basis of their to ensure complete vote and only by Members present respective population proportion proportionality of the share of or their alternates. (Section 3 subsection (1)) in votes for all parties nationwide.- accordance with the calculation Vacant seats attributed to a Federal Elections Act procedure described in the second to political party are filled by the Part I Electoral System - Section seventh sentences, then the number "next-in-line" candidate of the 1 - Composition of the German of seats remaining in each Land same party (even seats Bundestag and Principles of pursuant to subsection (1), third vacated by members elected Franchise sentence, shall be allocated to the through the majority system. (1) The German Bundestag shall, Land lists on the basis of the second This rule applies to all seats, subject to variations resulting from votes to be taken into consideration. including overhang seats and this Law, consist of 598 members. The number of seats received by compensatory seats. Vacant They shall be elected in a general, each Land list shall be determined by seats held by independents are direct, free, equal and secret ballot dividing the total of second votes cast filled through a special election by the Germans eligible to vote, in for that list by a divisor used for the in that constituency. accordance with the principles of allocation of seats. Decimal fractions proportional representation under 0.5 shall be rounded down to Federal Diet: combined with uninominal voting. the nearest whole number, decimal 16 multi-member (3 to 6 (2) Of the members, 299 shall be fractions above 0.5 shall be rounded seats) constituencies elected from nominations in the up to the near-est whole number. corresponding to the constituencies and the rest from Decimal fractions equal to 0.5 shall CDL(2014)058 - 46 -

Länder.Individual elections Land nominations (Land lists). be rounded up or down so as to in the 16 Länder (States) ensure that the number of seats to determine the composition be distributed is adhered to; in case of each Land assembly there are several possible allocations (Landtag). Each Landtag of seats, the Federal Returning elects a Land gouvernment Officer shall decide by drawing lots. which then sends its The divisor for the allocation of seats members as delegates to the shall be determined in such a way Bundesrat that the number of seats falling to the Land lists is equal to the number of Remark from the member: seats to be distributed. To this end, there are certain peculiarities in the total number of second votes of our electoral law, for instance all Land lists to be taken into account the German "compensatory is first divided by the number of seats PR" system, related to "non remaining pursuant to subsection (1), compensated overhang seats" third sentence. If more seats fall to or "excessive seats" (so called the Land lists than there are seats to Überhangmandate), the be distributed, the divisor shall be phenomenon of votes with increased so that the calculation negative weight, the three yields the number of seats to be constituencies clause allocated; if too few seats fall to the (Grundmandantsklausel) or the Land lists, the divisor shall be 5% hurdle clause. All have in lowered accordingly. some respect an impact on the (3) In the distribution of seats among question of proportionality. Land lists, only parties that have obtained at least five per cent of the valid second votes cast in the electoral area or have won a seat in at least three constituencies shall be taken into consideration. The first sentence shall not apply to the lists submitted by parties representing national minorities. (4) The number of seats won by a party in the constituencies of a Land (Section 5) shall be deducted from the number of seats thus established for each Land list. A party shall retain seats it has gained in the constituencies even if their number exceeds the number established in accordance with subsections (2) and (3). - 47 - CDL(2014)058

(5) The number of seats remaining pursuant to subsection (1), third sentence, shall increase until each party, for the second distribution of seats in accordance with subsection (6), first sentence, has received at least the number of seats determined by the initial distribution pursuant to subsections (2) and (3) and, in addition, the seats it has obtained in the constituencies which cannot be deducted in accordance with subsection (4), first sentence, from the number of seats established for the Land list. The total number of seats (Section 1 subsection (1)) shall increase by the difference. (6) The seats to be allocated in keeping with subsection (5), first sentence, shall in any event and throughout the Federal Republic of Germany be distributed on the basis of the number of second votes to be considered by the calculation procedure described in sub-section (2), second to seventh sentences, among the parties to be taken into consideration pursuant to subsection (3). For each party, the seats shall be distributed among the Land lists in accordance with the calculation procedure described in subsection (2), second to seventh sentences on the basis of the number of second votes to be considered; each Land list shall be allocated at least the number of seats the party has obtained in the constituencies of the Land. The number of seats won by each party in the constituencies of a Land (Section 5) shall be deducted from the number of seats established for the respective Land list. The CDL(2014)058 - 48 -

remaining seats shall be occupied by candidates from the Land list in the order laid down in it. Candidates who have been elected in a constituency shall be disregarded in the Land list. If more seats fall to a Land list than there are candidates nominated in it, these seats shall remain vacant. (7) If a party which has received more than half of the total number of second votes of all parties to be taken into account does not receive more than half of the seats when the seats are distributed in accordance with subsections (2) to (6), further seats shall be allocated to that party until it has received one seat more than half of the seats. The seats shall be distributed within the party pursuant to subsection (6), second to sixth sentences. In such an event, the total number of seats (Section 1 subsection (1)) shall increase by the difference.

- 49 - CDL(2014)058

Constitution Proportional Party list Constitution Hagenbach-Bischoff formula Open Party List system Several preferences (4) Articles 51 , 53 & 54 system Article 51 Several preferences (4) 1. The number of the Members of Voting system: Proportional: single Article 103 Presidential Decree - 56 constituencies for 288 Parliament shall be specified by round of voting in accordance with (…) - Electoral Law seats (48 multi-member statute; it cannot, however, be the Hagenbach-Bischoff system of 4.Οι αναπληρωματικοί 92/1994 constituencies and eight single- below two hundred or over three "reinforced" proportional ανακηρύσσονται κατά τη Article 103 member constituencies) hundred. representation, with voting for party σειράτων ψήφων - one multi-member nationwide 2. The Members of Parliament lists and, within each list, preferential προτίμησης καθενός. Σε This has been constituency for 12 seats represent the Nation. vote. Remaining seats after this περίπτωση ισοψηφίας, modified by - Parties must obtain at least 3 3. The Members of Parliament distribution are allocated in 13 ενεργείται από το Presidential Decree per cent of the votes cast to shall be elected through direct, principal electoral districts according πρωτοδικείο κλήρωση για of 26/2012, 15 March obtain parliamentary universal and secret ballot by the to the same system. Any further τον καθορισμό της σειράς 2012. representation. citizens who have the right to vote, remaining seats are allocated at the αυτών που ισοψήφισαν. - 250 seats are distributed in as specified by law. national level by means of a simple => The deputies are accordance with the electoral quotient. Majority vote: nominated in the order of Hagenbach-Bischoff system. Article 53 under some circumstances, to preference votes each. In - The party obtaining the 1. The Members of Parliament allocate further remaining seats at case of a tie, effected by highest number of valid votes is shall be elected for a term of four the national level and simple majority the court makes an entitled to 50 seats, allocated to consecutive years, commencing vote in eight single-member election. (from our own candidates on its party list. on the day of the general elections. constituencies. Parties obtaining at translation) - majority vote, under some Upon expiration of the least 3 per cent of the votes cast Greece circumstances, to allocate parliamentary term, there shall be receive a minimum of six seats in further remaining seats at the proclaimed by presidential decree parliament. The 12 "State Deputies" national level and simple countersigned by the Cabinet, are nominated by the most majority vote in eight single- general parliamentary elections to successful parties and elected member constituencies. be held within thirty days and the according to a party-list proportional - Vacancies arising between convocation of the new Parliament representation system, the whole general elections are filled by in regular session within another country then being regarded as one the "next-in-line" candidate on thirty days. constituency. the same party list. 2. A parliamentary seat that has become vacant during the last year of a parliamentary term shall not be filled by a by-election, where such is required by law, as long as the number of vacant seats does not exceed one-fifth of the total number of the Members of Parliament.

Article 54 1. The electoral system and election districts shall be specified by law. 2. The number of Members of CDL(2014)058 - 50 -

Parliament elected in each electoral district shall be specified by presidential decree on the basis of the legal population thereof, as it appears in the latest census. 3. Part of the Parliament, comprising not more than the one twentieth of the total number of its members, may be elected throughout the Country at large in proportion to the total electoral strength of each party throughout the Country, as specified by law.

Presidential Decree Nr. 92/1994 According to the electoral law (codified by Presidential Decree Nr. 92/1994), Greece is divided into fifty six «minor» (first instance) and thirteen «major» (second instance) electoral districts. The members of Parliament are elected according to the results of votes of their political party in each district, except twelve State deputies, who, according to Art. 54 of the Constitution are elected in proportion to the total number of votes of their party throughout the Country.

The Fundamental Majoritarian component The Fundamental Law of Proportional component: d'Hondt For the proportional No preference Law of Hungary- (first-past-the-post; plurality): Hungary formula component: Article 2 (THE 106 seats in single-member Article 2 Closed party lists and Each elector residing in STATE, The National constituencies elected in a one- (1) Members of Parliament shall be Proportional representation for 93 closed minority lists Hungary casts two votes, Assembly)- Article round system (party elected by direct and secret ballot members elected under national lists: No preference one for an individual XXIII (FREEDOM candidates, independent by citizens eligible to vote, on the parties polling more than 5% of the candidate and one for a Hungary AND candidates, joint candidates). basis of universal and equal vote are entitled to obtain seats. Two party list. Voters having no RESPONSABILITY, suffrage, in elections which parties with a joint list have to obtain domicile in Hungary may Right to vote) Proportional component: guarantee free expression of at least 10% and joint lists of three or vote for a party list. Voters 93 seats through a nationwide, voters’ will, in a manner laid down more parties 15%. Seats under the who register as members one constituency proportional in a cardinal Act. (...) national list are distributed in of a national minority (see system: a) national party lists (3) The general election of proportion to the votes cast and the note) shall cast their ballot - 51 - CDL(2014)058

Act CCIII of 2011 with 5 per cent threshold for Members of Parliament shall be surplus votes of the parties according for the list of the respective On the Elections of winning seats, 10-15 per cent held in the month of April or May of to the d’Hondt formula. minority rather than for Members of for joint lists b) national minority the fourth year following election of national parties. Note: The Parliament lists with preferential quota.The the previous Parliament, except for Act CCIII of 2011 on the Elections 13 national minorities Sections 14-16 pool of 93 mandates is also elections resulting either from of Members of Parliament officially recognized in used for compensation as the Parliament dissolving itself or from Section 14 Hungary are Armenian, Act XXXVI of 2013 so-called surplus votes it being dissolved. (1) No mandate may be won by a Bulgarian, Croatian, on Electoral obtained in the single member party list which failed to reach at least German, Greek, Polish, Procedure constituencies are distributed Act CCIII of 2011On the five percent of all valid votes for party Roma, Romanian, proportionally.Vacancies Elections of Members of lists and national minority lists. Ruthenian, Serbian, arising between general ParliamentSection 3 (2) No mandate may be won by a Slovakian, Slovenian and elections are filled through by- (1) The number of Members of joint party list which failed to reach at Ukrainian. For the minority elections (in single-member Parliament shall be one hundred least ten or, in the case of a joint list, only a quarter (1/4) of constituencies), while and ninety-nine party list drawn up by more than two the votes required for a vacancies on national list seats (2) One hundred and six Members political parties, fifteen percent of all "normal" party mandate is are filled by the party of Parliament shall be elected in valid votes for party lists and national needed to obtain the first concerned from among the single-member constituencies and minority lists. mandate. National candidates appearing on its ninety-three from national (3) No mandate may be won by a minorities that do not win original list. lists.Section 11 The elections of national minority list which failed to seats may delegate Members of Parliament shall be reach the number of votes required spokespersons to the held in one round. for winning a preferential national parliament. minority mandate (hereinafter: Section 12 (1) Voters with preferential quota) determined by Act CCIII of 2011On the residence in Hungary may vote Section 16d). Elections of Members of fora) one candidate in any single- Parliament member constituency andb) one Section 15 Section 17 party list. (1) Surplus votes in any single- (1) Candidates shall win (2) Voters with residence in member constituency shall include:a) mandates of a national list Hungary who are enrolled on the votes cast for any candidate who in the order of their ranks electoral register as national failed to win the mandate andb) the on the national list. minority voters may vote fora) one number of votes remaining after (2) Candidates winning candidate in any single-member deducting the number of votes for the mandates in any single- constituency andb) the list of their runner-up candidate plus one from member constituency shall national minority or, in the absence the number of votes for the candidate be struck off the national thereof, for one party list. who won the mandate. list. (3) Voters without residence in (2) If two or more candidates receive (3) If a candidate drops out Hungary may vote for one party the majority of votes with an identical of any national list, they list.Section 13 The candidate who number of votes in any single- shall be replaced by the received the majority of valid votes member constituency, the votes for next candidate on such shall be the Member of Parliament every candidate in the particular national list. for the particular single-member single-member constituency shall (4) If a national list includes constituency. qualify as surplus votes. fewer candidates than the (3) The surplus votes for any number of mandates won CDL(2014)058 - 52 -

independently drawn up party list by such list, any shall be the surplus votes for the undistributed mandate shall candidates of the particular political remain vacant. party in the single-member constituencies. (4) The surplus votes for any joint party list shall be the surplus votes for the joint candidates of the participating political parties in the single-member constituencies drawn up with the participation of the same political parties.

Section 16 Mandates which may be won from a national list shall be distributed in the following procedure: a) Pursuant to Section 15, the surplus votes for any political party entitled to win a mandate under Section 14(1) and (2) shall be added to the number of party list votes for the particular political party (hereinafter: number of votes for party list); b) The number of votes for party lists shall be aggregated (hereinafter: total number of party list votes); c) The total number of party list votes and the votes for national minority lists shall be aggregated (hereinafter: total number of national list votes); d) The total number of national list votes shall be divided by ninety- three, and the result shall be divided by four; the preferential quota shall be the integer of the resulting quotient; e) If the number of votes for a particular national minority list exceeds or is identical to the preferential quota, the particular national minority list shall win one preferential mandate; one national - 53 - CDL(2014)058

minority list may win one preferential mandate; the number of allocated preferential mandates shall be deducted from the number of mandates which may be won on the national list; f) Mandates remaining after the procedure described in Paragraph e) shall be distributed among fa) party lists entitled to win mandates under Section 14(1) and (2), and fb) national minority lists which won preferential mandates, where the number of votes reaches the number of votes corresponding to the percentage defined by Section 14(1); g) Mandates defined by Paragraph f) shall be distributed in the following procedure: ga) A table shall be drawn up where the first line shall include the number of votes for party lists and for national minority lists minus the preferential quota (hereinafter: votes). A column of numbers shall be inserted under the votes for every party list and national minority list, where the first number shall be half of the votes for the particular list, the second number shall be one-third, the next one shall be a quarter, etc.; gb) The table shall be used to distribute mandates by searching for the highest number in the table; the list shall receive one mandate, in the column of which such number is found ; afterwards, a search shall be made for the second highest number; the list shall receive one mandate, in the column of which such number is found; this procedure shall continue until every mandate is CDL(2014)058 - 54 -

distributed; gc) If there are equal numbers under multiple lists in the table and such number would involve a mandate but the number of mandates which may be won are lower than the number of lists which has an identical number, mandates shall be distributed in the order of the serial numbers of the lists.

Constitution Proportional system Constitution d'Hondt formula Open Party List system Several preferences Article 31 Article 31 Several preferences - 54 of the 63 seats are Althingi shall be composed of 63 Act concerning Parliamentary Article 110 Act No. 24 from 16 allocated on the basis of members elected by the people by Elections to the Althing Additional remarks: Only candidates who May 2000 constituency results (d'Hondt). secret ballot on the basis of Article 83. Voters may not make voters can alter the party occupy the uppermost Concerning The nine remaining seats are proportional representation for a any changes in the lists for which list order by renumbering places on each list will be Parliamentary supplementary seats attached term of four years. (...) they are not voting, neither the individual candidates considered as members Elections to the to particular constituencies. crossing out names on those lists and/or crossing out those or deputy members of Althing - A party must win 5% of the nor altering the ranking of the candidates they do not the Althing for each Articles 107, 108 & national vote to obtain a names. like, so that such constituency, i.e. twice as 110 supplementary seat. candidates will not get a many as were allocated - Vacancies arising between Article 107 - Allocation of share of the voter's to each list according to Last amendment to general elections are filled by constituency seats "personal vote" for the the election results (cf. the electoral law: 27 deputy members (substitutes) In order to find out how many party. Articles 107 and 108), yet February 2013 elected at the same time as candidates have been elected in a never fewer than three. titular members, in the order of constituency from each list the Fifty four of the 63 seats This is known as the Iceland their appearance on the party following procedure shall be applied: are allocated on the basis ranking number of the list. list in question. 1. The number of votes cast for each of constituency results In order to find which of list of candidates is divided by the (d'Hondt). The nine these candidates has been numbers 1, 2, 3, 4 etc. The remaining seats are elected, the National conclusive figures are recorded for supplementary seats Electoral Commission each list. attached to particular calculates the number of 2. The first constituency seat is constituencies. votes for the candidates allocated to the list with the largest Supplementary seats are under consideration conclusive figure. This conclusive allocated according to the according to paragraph 1. figure is then cancelled. The second d'Hondt method, in order A candidate who occupies constituency seat is then allocated to to give each party a the 1st place on an the list which now has the largest number of seats in unaltered ballot paper, or conclusive figure. This process is proportion to its share of who is ranked in that place continued until as many seats as the national vote. A party on an altered ballot paper, were up for election have been must win 5% of the receives one vote. The allocated, cf. paragraph 2 of Article 8. national vote to obtain a candidate who in the same - 55 - CDL(2014)058

3. If two or more conclusive figures supplementary seat. way is in 2nd place are equal when these are used Vacancies arising receives a fraction of a vote according to item 2 above, then the between general as follows: the denominator order in which they are used shall be elections are filled by is the ranking number, determined by lot. deputy members while the numerator is that (substitutes) elected at number reduced by 1. The Article 108 Allocation of the same time as titular numerator is then reduced adjustment seats members, in the order of by 1 for each successive The same formula for adjustment their appearance on the place. seats party list in question. The candidate who Voting is not compulsory. receives the largest number of votes on each list under paragraph 2 is allocated the 1st seat for the list. The candidate who receives the next highest number of votes is allocated the 2nd seat, and so on, until the allocation of parliamentary seats, and the seats of deputy members of the Althing, is completed. If two or more candidates receive the same number of votes, the order in which they are ranked on the list shall be determined by lot. (...)

Constitution Articles Senate: Constitution Droop formula For the proportional Several preferences 15, 16 & 18 Indirect election- 41 multi- Article 15 component: member constituencies.- (...) 2° The Oireachtas shall Electoral Act Single-Transferable Electoral Act Electoral Act 1997 Voting conducted according to consist of the President and two Section 101 - Procedure for voting Vote Section 118 - as of April 2014 the single transferable vote Houses, viz.: a House of (...) (3) A Dáil elector on receiving the Several preferences Interpretation (Part Sections 37, 107 & system (as for House of Representatives to be called Dáil ballot paper shall (subject to the XIX)(...) “original vote” in 118-121 Representatives below) and by Éireann and a Senate to be called provisions of section 103 ) go alone Additional remarks: regard to any candidate Ireland secret postal ballot, done by Seanad Éireann. (...) into one of the compartments in the according to this system, means a vote derived from post.- Vacancies arising polling station and there shall each voter receives a a ballot paper on which a between each renewal are Article 16 secretly record his vote on the ballot ballot paper containing first preference is recorded filled by persons nominated by (...) 2. 5° The members shall be paper and fold the paper so that his the names of all the for that the Prime Minister and /or elected on the system of vote is concealed. He shall then candidates in his/her candidate;“preference” through by-elections. proportional representation by return to the presiding officer's table, constituency. The voter is shall be interpreted as means of the single transferable show the back of the folded paper to instructed on the ballot follows— CDL(2014)058 - 56 -

House of Representatives: vote. (...) the presiding officer so as to disclose paper (prescribed in (a) “first preference” Proportional representation the official mark and then put the Statutory Instrument No. means any mark which, in under the single transferable Article 18 folded paper into the ballot box. He 156 of 2007) to write 1 in the opinion of the returning vote system- 43 multi-member (...) 5. Every election of the elected shall vote without undue delay and the box beside the officer, clearly indicates a (3 to 5 seats) constituencies.- members of Seanad Éireann shall shall leave the polling station as soon photograph of the first preference; According to this system, each be held on the system of as he has put his ballot paper into the candidate of their first “second preference” voter receives a ballot paper proportional representation by ballot box. choice, write 2 beside the means any mark which, in containing the names of all the means of the single transferable photograph of the the opinion of the returning candidates in his/her vote, and by secret postal ballot. candidate of their second officer, clearly indicates a constituency. He/she votes for (...) Section 119 - First count choice, and so on. second preference one of these by writing the (1) After the ballot papers have been standing in succession to a figure 1 opposite the name of Electoral Act mixed in accordance with section first preference; “third his/her choice; the voter is then Section 37 - The electoral 114 the returning officer shall, preference” means any at liberty to indicate an order of system rejecting any that are invalid, arrange mark which, in the opinion preference for the other (1) A Dáil election shall be them in parcels according to the first of the returning officer, candidates by adding the conducted in accordance with this preferences recorded for each clearly indicates a third figures 2, 3, 4, etc. against their Act and, in case a Dáil election is candidate. preference standing in names.- At the opening of the contested, the poll shall be taken (2) The returning officer shall then succession to a second count, the ballot papers are according to the principle of count the number of papers in each preference and so on; thoroughly mixed and sorted proportional representation, each parcel and credit each candidate with (b) “next available according to the first elector having one transferable a number of votes equal to the preference” means a preferences recorded. The total vote. number of valid papers on which a preference which, in the number of valid papers is then (2) In this section “transferable first preference has been recorded opinion of the returning computed, and from that figure vote” means a vote which is—(a) for such candidate and he shall officer, is a second or the electoral quota is calculated capable of being given so as to ascertain the number of all valid subsequent preference through division by the number indicate the voter's preference for papers. recorded in consecutive of seats to be filled, plus one. the candidates in order, and (b) order for a continuing Candidates who obtain a capable of being transferred to the candidate, the preferences number of first preferences next choice when the vote is not Section 120 - The quota next in order on the ballot equal to or greater than this required to give a prior choice the (1) The returning officer shall then paper for candidates quota on the first count are necessary quota of votes, or when, divide the number of all valid already deemed to be declared elected.- If no owing to the deficiency in the papers by a number exceeding by elected or excluded being candidate has reached the number of the votes given for a one the number of vacancies to be disregarded; “surplus” quota, the candidate who prior choice, that choice is filled; the result increased by one, means the number of votes received the lowest number of excluded from the list of any fractional remainder being by which the total number votes is eliminated and his/her candidates. disregarded, shall be the number of of the votes, original and votes are transferred to the votes sufficient to secure the election transferred, credited to any candidate for whom a second of a candidate and this number is candidate, exceeds the preference is recorded. If a referred to in this Act as “the quota”. quota; (...) candidate receives more than (2) Where at the end of any count the the quota required for election, number of votes credited to a Section 121 - Transfer of the surplus votes are candidate is equal to or greater than surplus transferred proportionately to the quota, that candidate shall be (1) Where at the end of any - 57 - CDL(2014)058

the remaining candidates in deemed to be elected. count the number of votes accordance with the credited to a candidate is subsequent preferences greater than the quota, the expressed by the electors. surplus shall be transferred When the number of remaining in accordance with and candidates neither elected nor subject to the provisions of eliminated equals the number this section to the of vacancies to be filled, those continuing candidate or candidates are declared candidates indicated on the elected, although they may not ballot papers in the parcel have reached the quota.- or sub-parcel of the Vacancies which occur candidate deemed to be between general elections are elected according to the filled through by-elections. next available preferences recorded thereon. (2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub- parcels according to the next available preferences recorded thereon. (3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further CDL(2014)058 - 58 -

sub-parcels according to the next available preferences recorded thereon. (4) In either of the cases referred to in subsections (2) and (3) the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub- parcel of non-transferable papers. (5) Where— (a) the surplus is equal to the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference, (b) the surplus is greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall proceed as specified in paragraph (a) and shall in addition make a sub-parcel of a number of non- transferable papers equal to the difference between such total number and the surplus and set the papers therein aside as finally dealt with, such papers being, for - 59 - CDL(2014)058

the purposes of section 127 (1), described as non- transferable papers not effective, and the non- transferable papers or the remaining non-transferable papers, as the case may be, also arranged as a sub- parcel shall be placed with the papers of the candidate deemed to be elected. (6) Where the surplus is less than the total number of transferable papers the following provisions shall apply: (a) the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers, (b) the number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers, (c) a note shall be made of the fractions (which may be expressed in decimal form), if any, in each quotient ascertained in respect of CDL(2014)058 - 60 -

each candidate in accordance with paragraph (b) and if, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be disregarded, d) where two or more fractions are of equal magnitude, and it is not possible for the purposes of paragraph (c) to reckon all of the said fractions as of the value of unity, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they were credited with an unequal number of votes, and the fraction relating to - 61 - CDL(2014)058

the candidate credited with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest. (7) The papers to be transferred from each sub- parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place. (8) [substituted by section 29(a) of the Electoral (Amendment) Act 2001] The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either— (a) the number of votes credited to the lowest candidate is greater than CDL(2014)058 - 62 -

one quarter of the quota or, in the case of a bye- election where there is more than one vacancy to be filled in a constituency, one quarter of what would have been the quota were the full number of members of the Dáil for the existing constituency to be elected, or (b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota or, in the case of a bye-election where there is more than one vacancy to be filled in a constituency, one quarter of what would have been the quota were the full number of members of the Dáil for the existing constituency to be elected. (9) Where at any time there are two or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then, subject to subsection (8), be transferred in the order of their descending magnitude. (10) Where two or more candidates have each an equal surplus arising from the same count regard - 63 - CDL(2014)058

shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus he will first deal with. (11) [substituted by section 29(b) of the Electoral (Amendment) Act 2001] Subject to subsections (8) and (9), where two or more candidates each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.

CDL(2014)058 - 64 -

Basic Law: The Proportional system Basic Law: The Knesset - 1958 d'Hondt formula Closed Party List No preference Knesset - 1958 Article 1 system Articles 1 & 3-4. - 1 multi-member constituency The Knesset is the parliament of Knesset Elections Law No preference Knesset Elections Law for 120 seats the State. Article 81 Article 83 Knesset Elections - Direct election based on (...) Where a candidates' list Law (combined closed party lists of Article 3 (b)The total number of valid votes has obtained seats, the version) of 1969 candidates, with proportional The Knesset shall, upon its cast for all the lists participating in the persons whose names Articles 81-83 distribution of seats according election, consist of one hundred distribution of seats shall be divided appear in the list shall to the simple quotient and and twenty members. by the number of members of the become members of the highest average system Knesset, and the whole number Knesset in the order in (d'Hondt method) among all Article 4 resulting from such division shall be which their names lists having obtained at least 2 The Knesset shall be elected by "quotient". appear, starting at the per cent of the valid votes cast. general, national, direct, equal, (c) Every list participating in the top. Within each list, seats won are secret and proportional elections, distribution of seats shall obtain a allotted to candidates in accordance with the Knesset number of seats equal to the whole according to their order of Elections Law; this section shall not number resulting from the division appearance on the list. be varied save by a majority of the of its valid votes by quotient. - Vacancies arising between members of the Knesset. (d) Every list which has participating general elections are filled by in the distribution of seats as the "next-in-line" candidate of aforesaid shall be assigned a surplus the party list concerned. of votes by deduction from the Israel number of its valid notes number resulting from multiplying the quotient by the number of seats obtained by that list as aforesaid; the lists shall thereupon be each entitled to receive, in the order of the size of their surpluses, one additional seat out of the seats remaining after the distribution of seats under subsection (c).

Article 82 (a) For the purpose of the distribution of seats under section 81(d), two candidates` list which have combined shall be deemed one list with the number of valid votes received by both of them together and the number of seats awarded to both of them together, provided that each of them separately has received the percentage of votes - 65 - CDL(2014)058

prescribed in section 81 (a). (b)The seats awarded to two combined lists shall be divided between them by the method of distribution prescribed in section 81 for the distribution of all seats among all lists.

Constitution Articles Senate: Constitution Largest remainder Closed Party List No preference 56, 57, 60 Proportional system + 5 Article 56 The Chamber of Hare formula system appointed life senators.- 20 Deputies is elected by universal Same Article 83 Electoral Law 1957 multi-member constituencies and direct suffrage.The number of Electoral Law Additional remarks: Law as in force on 16 (302 seats) - 1 single-member Deputies is six hundred and Article 58 (in Italian) Riconosciuta No. 270 of 21 December May 2014 constituency in Valle d'Aosta (1 thirty.All those voters who on the l'identita' personale dell'elettore, il 2005 introduced a fully Article 83 seat)- 6 single-member day of elections have attained the presidente estrae dalla cassetta o proportional system for constituencies in Trentino-Alto age of twenty-five are eligible to be scatola una scheda e la consegna election to the Chamber The new system in Adige (6 seats) equally deputies.The division of seats all'elettoreopportunamente piegata of Deputies, with the place is the distributed between Italian- among the electoral districts is insieme alla matita copiativa. possibility of the award of consequence of the speaking Trento (Trent) obtained by dividing the number of L'elettore, senza che sia avvicinato bonus seats for a recent decision of province and German- inhabitants of the Republic, as da alcuno, esprime il voto nationwide majority the Constitutional speaking Bolzano (Südtirol) shown by the latest general census tracciando, con la matita, sulla result, replacing the Court of 04/12/2013 province- 1 constituency for of the population, by six hundred scheda un solo segno, comunque earlier partly proportional Italians abroad representing 4 and thirty and distributing the seats apposto, ((sul)) rettangolo system. The 617 geographical groups (6 seats): in proportion to the population in contenente il contrassegno della Deputies are elected a) Europe (including the entire every electoral district, on the basis lista prescelta. Sono vietati altri nationwide in proportion Italy Russian Federation and of whole shares and the highest segni o indicazioni. PERIODO to the number of votes Turkey); b) South America; c) remainders. SOPPRESSO DALLA L. 4 AGOSTO obtained by the lists of North and Central America; 1993, N. 277. L'elettore deve poi candidates submitted in and d) Africa, Asia, Oceania Article 57 The Senate of the piegare la scheda secondo le linee in the 26 constituencies; and Antarctica- The 315 Republic is elected on a regional essa tracciate e chiuderla one Deputy is elected elective seats of the Senate are basis.The number of Senators to inumidendone la parte gommata. Di using the first-past-the- distributed among the twenty be elected is three hundred and queste operazioni il presidente gli post system in the single- Italian regions in proportion to fifteen.No region may have fewer da' preventive istruzioni, member Valle d'Aosta their population, save for the than seven senators; Molise shall astenendosi da ogni constituency; the seats assigned to the have two, Valle d'Aosta one.The esemplificazione. Compiuta remaining 12 Deputies Overseas constituency. One division of seats among the l'operazione di voto, l'elettore are elected to the seat is assigned to Valle regions, in accordance with the consegna al presidente la scheda Constituency for Italians d'Aosta, two to Molise and at provisions of the preceding Article, chiusa e la matita. Il presidente living abroad following the least seven seats to each of is made in proportion to the constata la chiusura della scheda e, procedures provided by the other eighteen regions.- population of the regions as ove questa non sia chiusa, invita Law No. 459 of 2001 and Seats which become vacant revealed in the most recent general l'elettore a chiuderla, facendolo its regulation for between general elections are census, on the basis of whole rientrare in cabina; ne verifica implementation (D.P.R. filled by the "next-in-line" shares and the highest remainders. l'identita' esaminando la firma e il Decree of the President CDL(2014)058 - 66 -

candidate of the same party bollo, e confrontando il numero of the Republic - No. 104 list. By-elections are held in the Article 60The Chamber of scritto sull'appendice con quello of 2003). The new rules case of majority seats. Deputies and the Senate of the scritto sulla lista; ne distacca provide that with regard Republic are elected for five l'appendice seguendo la linea to the candidates, the Chamber of Deputies: years.Articles 56 and 57 of the tratteggiata e pone la scheda stessa political parties submitting proportional system- 26 Constitution envisage that 12 nell'urna. Uno dei membri lists may also form multi-member constituencies Deputies and 6 Senators shall be dell'Ufficio accerta che l'elettore ha coalitions; parties for 617 seats- 1 single-member elected by Italian citizens living votato,apponendo la propria firma intending to stand for constituency in Valle d'Aosta- 1 abroad.To this end, the accanto al nome di lui nella election to the position of constituency for Italians abroad Constitution establishes a special apposita colonna della lista ruling party must also representing 4 geographical constituency for voters abroad.The sopraindicata. Le schede mancanti submit their manifesto groups (12 seats): a) Europe relevant provisions were adopted dell'appendice o prive di numero, di and announce the name (including the entire Russian in Law no. 459 of 27 December bollo o della firma dello scrutatore of their leader. The voting Federation and Turkey); b) 2001. non sono poste nell'urna, e gli elettori procedure permits voters South America; c) North and che le abbiano presentate non to cast only one vote on Central America; and d) Africa, possono piu' votare. Esse sono their preferred list, with no Asia, Oceania and Antarctica.- vidimate immediatamente dal preference votes. The proportional representation presidente e da almeno due seats are distributed system for 629 of 630 seats, scrutatori ed allegate al processo proportionately using blocked party lists for 617 verbale, il quale fa anche nationwide between the of the 630 members elected menzione speciale degli elettori coalitions of lists and the from Italy and for the 12 che, dopo ricevuta la scheda, non lists that have exceeded members elected by Italian l'abbiano riconsegnata. COMMA the statutory minimum citizens overseas*First-past- ABROGATO DALLA L. 21 thresholds. Only the-post system for the single- DICEMBRE 2005, N. 270. coalitions obtaining at member constituency in Valle least 10% of the total d'AostaThe minimum Article 83 Distribution of seats for valid votes cast shall be thresholds for a seat in the the Chamber of DeputiesThe seats admitted to the Chamber of Deputies are:- for are distributed in the following distribution of seats, and a political coalition: 10 % of phases:- the total votes are counted within these coalitions, total valid votes;- for a political for each coalition of lists or individual the lists obtaining 2% of party (list) within a coalition: 2% unattached list by constituency and the valid votes cast, the of total valid votes; - for a nationwide to establish which of them linguistic minorities' list political party (list) which is not has obtained the largest number of obtaining at least 20% of affiliated with any political votes nationwide for the purpose of the votes cast in their coalition: 4% of total votes cast awarding the "topping-up" majority constituency and the list nationwide;- for language bonus; - the coalitions of lists and the obtaining the highest minority lists: 20% of the votes unattached lists which have passed number of votes among cast in their the statutory minimum threshold and all the lists which fail to constituency.However, any list therefore qualify for the allocation of win 2% of the votes cast. obtaining the highest number of seats; the number of seats to which Lists which are not votes among all lists and which each coalition of lists or unattached attached to a coalition are fails to win 2% of the votes cast list exceeding the statutory minimum also admitted for - 67 - CDL(2014)058

is also entitled to a seat. If the threshold is entitled nationwide. The distribution of seats if they political coalition or party with breakdown of seats is proportional to obtain at least 4% of the the highest number of votes the votes obtained using the whole votes nationwide. In the fails to win 340 seats, it is given number quotient and the highest event that the coalition of "bonus" seats to meet the 340- remainders method;- the coalition of lists (or the non-attached seat requirement. The 277 lists or the unattached list with the list) with the largest remaining seats are distributed largest number of votes are then number of votes fail to among the other coalitions or examined to see whether they have win 340 seats, they are unaffiliated lists using the whole obtained 340 seats;- if so, the awarded a number of number quotient and highest "topping-up" majority bonus is not "topping-up" bonus seats remainders method.Seats awarded. The number of seats to to reach 340.The Senate which become vacant between which each coalition is entitled is : For elections to the general elections are filled by allocated to the lists admitted to the Senate, electors vote for the "next-in-line" candidate of division belonging to that coalition. a closed party list in the same party list. By- The seats assigned nationally to eighteen of Italy's twenty elections are held in the case of each admitted list are then distributed regions. Senate seats in majority seats. in each constituency; - if no coalition these regions are of lists or unattached list obtains at apportioned by the least 340 seats, the one with the largest remainder method largest number of votes is awarded of PR among coalitions the "topping-up" majority bonus that receive at least seats, which is the difference twenty percent of the vote between 340 and the actual number and which include at least assigned to them proportionally. The one party that receives 277 remaining seats are distributed three percent of the vote between the other coalitions or or more, as well as unattached lists using the whole parties that receive at number quotient and highest least eight percent of the remainders method;- in each vote, running individually constituency the successful or within a coalition that candidates are declared elected in receives less than twenty the order on which they appeared on percent of the vote. each list. In the event that all the Senate seats awarded to candidates on a given list have all a coalition are in turn been declared elected, the proportionally allocated successful candidates on the same among constituent list for another constituency, or on parties that have received another list of the same coalition in at least three percent of the same constituency, or in another the vote. The new Senate constituency, in that order, shall be system also features a declared elected.Proportional: - regional majority prize: if proportional representation system the coalition that obtains for 629 of 630 seats, using blocked a majority of votes in a CDL(2014)058 - 68 -

party lists for 617 of the 630 given region is initially members elected from Italy and for allocated less than fifty- the 12 members elected by Italian five percent of the seats citizens overseas *First-past-the-post filled in the region, its system for the single-member number of seats is constituency in Valle d'Aosta.The increased to no less than minimum thresholds for a seat in the fifty-five percent of the Chamber of Deputies are: - for a region's total, and the political coalition: 10 % of total valid remaining seats are votes; - for a political party (list) within distributed among the a coalition: 2% of total valid votes; - other qualifying coalitions for a political party (list) which is not and individual parties. affiliated with any political coalition: However, no regional 4% of total votes cast nationwide; - majority prize is awarded for language minority lists: 20% of in Molise, which elects the votes cast in their constituency. only two senators. Valle However, any list obtaining the d'Aosta continues to elect highest number of votes among all one senator in a single- lists and which fails to win 2% of the member constituency, votes cast is also entitled to a seat. If and Trentino-Alto Adige the political coalition or party with the continues using the highest number of votes fails to win previous Senate electoral 340 seats, it is given "bonus" seats to system, in compliance meet the 340-seat requirement. The with a 1991 law that 277 remaining seats are distributed established six single- among the other coalitions or member Senate seats in unaffiliated lists using the whole the region, equally number quotient and highest distributed between remainders method. Seats which Italian-speaking Trento become vacant between general (Trent) province and elections are filled by the "next-in- German-speaking line" candidate of the same party list. Bolzano (Südtirol) By-elections are held in the case of province. Finally, six majority seats. senators are chosen by Italian citizens residing abroad; these seats are filled in the same manner as the corresponding seats in the Chamber of Deputies.

- 69 - CDL(2014)058

Constitution Senate: Constitution Largest remainder For the proportional No preference Articles 50 & 51 - 20 multi-member (2 seats) Article 50 Hare formula component: constituencies 1. The Parliament shall consist of Closed Party List Same Article 97-1 Constitutional Act - Indirect election by the local two Chambers acting on a Constitutional Act of the Republic system of the Republic of assemblies: two members from permanent basis: the Senate and of Kazakhstan on elections No preference Kazakhstan on 14 oblasts (regions) and two the Majilis. Article 97-1. Distribution of deputy elections as members each from Astana 2. The Senate shall be composed mandates based on the ballots Additional remarks: amended on 11 and Almaty. of deputies represented in an under party lists parallel voting or February 2011 - Majority and voter thresholds order, established by the 1. The Central Election Commission Supplementary Member Articles 9 & 97-1 of 50% required for election in constitutional law, on two persons sums up the voices of the voters or Mixed Member each constituency. from each oblast, major city and given on the territory of the single Majoritarian, combining Amendments of 3 the capital of the Republic of national district per each party list first-past-the-post with October 2013 House of Representatives: Kazakhstan. Fifteen deputies of the that has received seven and more party-list proportional Combined system Senate shall be appointed by the percent of voters’ voices from the representation (closed- - One nationwide constituency President of the Republic taking total number of the voters that have list). for 98 seats into account necessity of taken part in voting. The sum of Proportional Representation maintenance of representation for voters’ voices given for political System (Party List System) the Senate of national-cultural and parties and reaching over seven - Seats are attributed other significant interests of a percent shall be divided shall be proportionally to parties that society. replaced with the number of obtain over 7 per cent of the 3. The Majilis shall consist of allocated deputy mandates. The Kazakhstan total votes (seven per cent hundred seven deputies elected in received result is the first election threshold), by using the Largest an order, established by the quotient (quota). Remainder System. In cases constitutional law. 2. The poll received by each party list where there is a tie for the 4. A deputy of the Parliament may participating in distribution of deputy largest remainder, the seat will not be a member of both mandates is divided by the first be attributed to the party list Chambers simultaneously. election quotient. The whole part that was registered earlier. If 5. Term of the powers of Senate received as a result of division of the only one party surpasses the deputies shall be six years; term of number is the number of deputy threshold, the party getting the the powers of the Majilis deputies mandates to be received by the second highest number of shall be five years. corresponding political party that has votes receives at least two made the party list. seats. Article 51 3. If after the actions effected - Vacancies are filled by the 1. Elections of ninety eight deputies according to item 2 of the present "next-in-line" candidate of the of Majilis shall be carried out on the article there are undistributed same party. In cases where basis of the universal, equal and mandates, they will be subject to the there are no candidates left on direct right under secret ballot. Nine secondary distribution. The the corresponding party list, the deputies of Majilis shall be elected undistributed mandates shall be seat remains vacant until the by Assembly of the people of distributed by one between those following elections to the Kazakhstan. Regular elections of party lists which have the greatest House of Representatives. the deputies of the Majilis shall be fractional part (the remainder) of the held no later than two months number received in the result of before the termination of the division in compliance with item 2 of CDL(2014)058 - 70 -

powers of current the Parliament. the present article. At equality of the 2. The elections of the deputies of greatest remainder, the advantage the Senate shall be carried out on shall be given to the party list the basis of indirect electoral right registered earlier. under secret ballot. Half of the 4. The sequence of allocation of elected deputies of the Senate deputy mandates shall be shall be re-elected every three determined by the chief body of a years. In this case, their regular political party among the candidates elections shall be held no later than included into the party list according two months before the end of their to clause 4 of article 89 hereof within term in office. ten days from the date of publication of the election returns. Constitutional Act of the If the chief body of the political party Republic of Kazakhstan on fails to determine the sequence of elections distribution of received deputy Article 9.Electoral systems mandates before the deadline set in 1. The following system for vote the first part of this clause, the count shall be applied at the Central Election Commission shall election of the President, deputies issue a decision with regards to of the Senate and deputes of the distribution of deputy mandates Mazhilis of the Parliament to be received by party according to the elected by the Assembly of the registered lists in the alphabetical People of Kazakhstan: 1) order of the state language. (excluded by the Constitutional Act 5. In case of advanced retirement of of RK of 6 November 1998 No. the deputy, the Central Election 285-I) 2) a candidate shall be Commission shall issue a decision considered as elected who has: - transferring his/her mandate to the collected more than fifty percent of next candidate to be selected by the votes of voters (electors) taken part chief body of the political party from in the voting; - in comparison with among the individuals included into the other candidate collected more the party list according to clause 4 votes of voters (electors) taken part hereof. in the rerun of a vote. 1-1. Deputies In case there are not any more of the Mazhilis of Parliament from candidates left in the corresponding the political parties shall be elected party list, the mandate remains by party lists in the single vacant till the following elections of countrywide electoral district. 2. At deputies to the Mazhilis. elections of maslikhat deputies the Political parties have the right to candidate, who in comparison with change sequence of candidates in other candidates has collected their party lists upon addressing the more votes of the voters taken part Central Election Commission with a in the voting shall be considered as written application and enclosing an elected. 3. The following vote count abstract of the minutes from the - 71 - CDL(2014)058

system shall be applied at the meeting of the political party’s chief election of members of other local body. self-government bodies: 1) (excluded by the Constitutional Act of RK of 6 May 1999 No. 375-I) 2) the candidates, who in comparison with other candidates have collected more votes of voters taken part in the voting, shall be considered as elected. Article 9 includes the changes introduced by the Constitutional Act of RK of 6 November 1998 No. 285-I; 6 May 1999 No.375-I; 14 April 2004 No. 545-II; changes and additions made by the Constitutional Act of RK of 19 June 2007 No. 268-III.

Constitution Combined system- Constitution Hare formula For proportional No preference Articles 41 and 42 Article 41 [Election] component: 246 single-member district (1) The National Assembly is Public Official Election Act Closed Party List Same Article 189 Public Official constituencies - 1 multi- composed of members elected by Article 159 (Method of marking on system Election Act, lastly member (54 seats) national universal, equal, direct, and secret ballot) No preference amended on 2 constituency- simple majority ballot by the citizens. October 2012 direct vote in the 246 single- (2) The number of members of the Article 189 Allocation of Seats of Additional remarks: Article 189 member constituencies. - National Assembly is determined Proportional Representative parallel voting or proportional representation by law, but the number may not be National Assembly Members and Supplementary Member for 54 seats. These seats are less than 200. Decision on, Announcement and or Mixed Member divided proportionately among (3) The constituencies of members Notification of Elected Persons Majoritarian, combining Korea, the political parties based upon of the National Assembly, (1) The National Election first-past-the-post with Republic their votes obtained in the proportional representation, and Commission shall allocate the seats party-list proportional districts, on condition that they other matters pertaining to National of the proportional representative representation (closed- have obtained at least 3% of Assembly elections are determined National Assembly members to each list). the total valid votes cast or by law. political party which has obtained secured five district 3/100 or more of the total valid votes constituency seats or more. - Article 42 [Term]The term of office in the election for a proportional Vacancies of district of members of the National representative National Assembly constituency seats arising Assembly is four years. member or five or more seats in the between general elections are general election for the local filled through by-elections, on constituency National Assembly condition that there remains at members (hereafter in this Article, least one year in the term of the referred to as the "seat-allocated CDL(2014)058 - 72 -

Assembly member to be party"), in proportion of the votes replaced. Vacancies of obtained by the relevant seat- proportional representation allocated party in the election for the seats are filled by the "next-in- proportional representative National line" candidates of the political Assembly members. party concerned. (2) Percentage of the obtained votes under paragraph (1) shall be calculated by dividing the number of votes obtained by a seat-allocated party by the total sum of votes obtained by all seat-allocated parties. (3) The seats pf the proportional representative National Assembly members shall be first allocated to the relevant political party by an integral number of the numbers computed by multiplying the percentage of votes obtained by each seat-allocated party by the full number of seats of the proportional representative National Assembly members, and the remaining seats shall be allocated one by one to each political party in the descending order of less than a decimal point, but when the said number is equal, it shall be determined by lot among the relevant political parties. (...)

- 73 - CDL(2014)058

Constitution Proportional system Constitution of Kosovo Sainte-Laguë formula Open lists system Several Preferences Articles 66 and 67 The Assembly had 120 Article 66 [Election and Article 64 of the Constitution Kosovo shall be Voters may vote for up to Law on General members elected for a three Mandate] [Structure of Assembly] considered a single, five candidates from their Elections in the year term: 100 members 1. The Assembly of Kosovo shall 1. The Assembly has one hundred multi-member electoral selected party list Republic of Kosovo elected by proportional be elected for a mandate of four (4) twenty (120) deputies elected by district. Each certified Law approved by the representation, and 20 years, starting from the day of the secret ballot on the basis of open Political Entity shall Article 111 of Law on Assembly on members representing national constitutive session, which shall be lists. The seats in the Assembly are appear on an “open list” General Elections in the 05/06/2008 and minorities (10 Serbian, 4 held within thirty (30) days from the distributed amongst all parties, ballot Republic of Kosovo promulgated by the Roma, Ashkali and Egyptian, 3 official announcement of the coalitions, citizens’ initiatives and [Distribution of Seats] Decree of the Bosniak, 2 Turkish and 1 election results. independent candidates in proportion (…) President of the Gorani). Under the new 2. Regular elections for the to the number of valid votes 111.4 All votes received by Republic of Kosovo Constitution of 2008, the Assembly shall be held no later received by them in the election to the candidates appearing No. DL-027-2008 guaranteed seats for Serbs than thirty (30) days before the end the Assembly on the open list of each and other minorities remains of the mandate or, when the Political Entity shall be the same, but in addition they Assembly has been dissolved, no Article 111 of Law on General counted separately. A vote may gain extra seats according later than forty-five (45) days after Elections in the Republic of cast for a Political Entity to their share of the vote. the dissolution. Kosovo [Distribution of Seats] shall be considered as a Kosovo has a multi-party 3. The President of the Republic of 111.1 Seats in the Assembly shall be vote received by the system, with numerous parties Kosovo shall convene the distributed according to the system of candidate ranking first on and the system of proportional constitutive session of the representation established by article the Poltical Entity’s Kosovo representation and guaranteed Assembly. If the President of the 64 of the Constitution of the Republic candidate list. The minority representation means Republic of Kosovo is unable to of Kosovo. candidate lists shall then be that no one party is likely to convene the initial session, the 111.2 The hundred (100) seats of the reordered in descending have a parliamentary majority. Assembly shall be convened Assembly as described in article order based on the number without the President’s 111.1 (a) shall be allocated in the of votes received by each participation. following manner based upon the candidate. 4. The Mandate of the Assembly of total number of valid votes received 111.5 The seats allocated Kosovo may be extended only in a by each Political Entity: a) amongst to a Political Entity in State of Emergency for emergency Political Entities representing paragraph 2 of this Article defense measures or for danger to Albanian majority community who shall be distributed to the the Constitutional order or to public have won at least five percent (5%) candidates on the Political safety of the Republic of Kosovo from general number of total valid Entity’s candidate list as and only for as long as the State of votes for Assembly elections and reordered in paragraph 4 of Emergency continues Political Entities of the Kosovo Serb this Article, starting from the as regulated by this Constitution. and other non majority communities; first candidate on the list in 5. The election conditions, b) the total number of valid votes descending constituencies and procedures are received by each Political Entity in order, until the number of determined by law. the Assembly elections shall be seats allocated to the divided by 1, 3, 5, 7, 9, 11, 13, 15, et Political Entity is exhausted. seq. until the number of divisors used Additional seats allocated is equal to the number of seats; c) to Political Entities the quotients resulting from this representing the Kosovo CDL(2014)058 - 74 -

series of divisions shall be arranged Serb community and other in descending order. Seats shall be non-majority communities allocated to Political Entities as in paragraph 3 of this according to the quotients, with the Article shall be distributed first seat going to the Entity with the to the subsequent largest quotient, the second seat candidates on the Political going to the Entity with the next Entity’s candidate list largest quotient, et seq. until all seats reordered as in paragraph have been allocated; d) if a Political 4 of this Article. Entity is allocated seats equal to the 111.6 If, after the allocation number of candidates on its list and of seats as set out in there are still seats to be allocated to paragraph 5 of this Article, that Political Entity, then the the candidates of the remaining quotients of that Political minority gender within a Entity shall not be taken into account Political Entity have not in allocating any remaining seats. been allocated at least 30% Subsequent quotients in descending of the total seats for that order shall be used until all seats are Political Entity, the last allocated. e) if a tie occurs because elected candidate of the two or more quotients are identical, majority gender will be the seat shall be allocated on the replaced by the next basis of a drawing of lots by the candidate of the opposite Chairperson of the CEC in the gender on the reordered presence of the authorized candidate list until the total representatives of the Political number of seats allocated Entities concerned. [...] to the minority gender is at least 30%.

- 75 - CDL(2014)058

Constitution Proportional system Constitution Hare formula Open Party List system Several preferences Article 70 Directly elected 120. One Article 70 Several preferences nationwide constituency for 120 1. The Jogorku Kenesh - the Electoral Code Each voter must vote for a Draft Electoral Code seats. Proportional Parliament of the Kyrgyz Republic - Article 90. Determination and party list. Seats will be as submitted to the representation system (party- shall be the highest representative official publication of elections distributed to parties in Venice Commission list system). No political party body exercising legislative power results proportion to the in March 2014 can be formed on religious or and oversight functions within the 1. (...) Political parties shall be percentage of votes they Articles 83 , 85 & 90 ethnic grounds, and members limits of its competence. excluded from distribution of obtain of the armed forces, police, and 2. The Jogorku Kenesh shall deputies’ mandates, if their lists of the judiciary are not allowed to consist of 120 deputies elected for candidates obtained:1) the number Electoral Code join a political party. No party a five year term on the basis of of votes less than 5 percent of votes Article 90 list can comprise more than 70 proportional representation. (...) over the republic,2) the number of (…) 3. Distribution of per cent of candidates from votes less than 0,5% of votes having deputies’ mandates among one sex and every fourth Electoral Code participated in voting in every the candidates on political candidate on the party list must Article 83. Calling the election of constituency. parties’ list of candidates in be of the other sex (Ex. 1. the Jogorku Kenesh deputies(...) 2. Distribution of deputy mandates constituencies shall be male, 2. male, 3. male and 4. 2. Deputies of the Jogorku Kenesh for constituencies shall be held in the carried out after female; or 1. female, 2. female, are elected for five years in the following way:The sum of votes specification of list of 3. female and 4. male). In single constituency under the cast for the list of candidates of candidates by leading addition, each party list must proportional system. (...) political party, which are admitted to body of political party in comprise at least 15 per cent of distribution of deputy mandates, shall case of delegating such Kyrgyzstan candidates from other ethnic Article 85. Distribution of be divided by the number of powers by leading body.In minorities. Each voter must mandates among deputy mandates of constituency. a priority order, a leader vote for a party list. Seats will constituenciesMandates shall be The result is the first electoral and two candidates are to be distributed to parties in distributed by the Central Election quotient (quota to secure a be included in to the proportion to the percentage of Commission among constituencies mandate).Then the number of candidates’ list of three votes they obtain. However, no 15 days before the election votes obtained by each list of constituencies, where party may be granted over 65 announcement in the following candidates in a constituency political party received seats and elected candidates order:the number of voters participating in distribution of deputy relative majority of votes, at may not join another political determined by Article 38 of the mandates shall be divided by the the suggestion of the party. Constitutional Law is divided by the first electoral quotient.The integer leading body of political number of deputy seats. This result part of a number resulted from party.Further lining up of is the first electoral quotient (quota dividing is the number of deputy candidates in the list is to secure a mandate);the number mandates the respective list of being carried out taking into of vote rs of a constituency is candidates gains. If there are any account voters’ opinion in divided by the first electoral undistributed mandates after actions regard of the sequence of quotient. The integer part of the undertaken in line with the second candidates in the list and number resulted from dividing is paragraph of this item, the second their rating.Assigned the number of seats, which is distribution shall be undertaken. candidates of every list of assigned to the relevant electoral Undistributed mandates shall be candidates, obtained more constituency. If after the above transferred one by one to those lists than 10% of votes from steps there are undistributed of candidates, which get the biggest total amount of votes cast mandates, second distribution shall fractional part (remainder) of the for party list in electoral CDL(2014)058 - 76 -

be held. Undistributed mandates number obtained as a result of constituency, shall line up shall be passed by one to those division in line with the second in a sequence of number of constituencies, which have the paragraph of this item. In the event of received votes. If two or largest fractional part (remainder) equality of fractional parts, more candidates obtain of the number resulted from preference shall be given to the list of equal number of votes, dividing in accordance with this candidates for which the majority of then they shall line up in a paragraph. In case of equality of votes was cast. In the event of equal sequence established by the fractional parts the preference number of votes, preference shall be leading body of political is given to the constituency, which given to the list of candidates, which party.Following lining up of has a greater number of voters. was registered earlier. (...) candidates in the list obtained less than 10% of votes shall be established by leading body of political part taking into account requirements of part 3 article 86 of hereof present Constitutional Law. (...)

Constitution (1922) Proportional system Constitution Saint-Laguë formula Open Party List system Several preferences Section 2, Articles 5, Section 2 - Article 5 Several preferences 6,7 & 10 Directly elected 100. 5 multi- The Saeima shall be composed of Saeima Election Law Saeima Election Law member constituencies (from one hundred representatives of the Article 23 Additional remarks: Article 39 13 to 32 seats each): Riga people. (1) A separate room or compartment electors can accept the The names of the Saeima Election (which also includes polling must be arranged inside the polling list order as presented or candidates nominated on Law as in force on 1 stations abroad), Vidzeme, Article 6 station for the voter to insert one alter the list order to their each list shall be ranked January 2014 Latgale, Kurzeme, and The Saeima shall be elected in ballot paper into the envelope and preference. They may do according to the number of Articles 8, 23 & 38-39 Zemgale. Party-list system with general, equal and direct elections, seal it in privacy. this by both placing a "+" votes they have received. preferential voting. and by secret ballot based on (2) The voter may choose to put a by the names of The number of votes cast Electors vote for lists of proportional representation. “+” mark opposite the surname of candidates they want to for each candidate shall be candidates but can also any candidate, to cross out a move up the list order, equal to the number of Latvia indicate specific support or Article 7 candidate’s name or surname or to and by crossing out votes cast for the list in rejection. Only those parties In the division of Latvia into leave the ballot paper unannotated. names that they would which his/her name has obtaining at least 5% of the separate electoral districts, (3) The “+” mark opposite the like to see be moved been included, minus the national vote gain provision for the number of surname of a candidate indicates down the list order. number of ballot papers on representation in the Saeima. members of the Saeima to be special support given to the which the name or Distribution of seats among elected from each district shall be candidate by this voter. If the voter surname of this candidate them is based on the Saint- proportional to the number of does not support a candidate has been crossed out plus Lagüe method. Within each list, electors in each district. included in the ballot paper, the number of all the ballot the order of candidates is re- he/she may cross out the name or papers on which the voters arranged to reflect the the surname of this candidate. have made a “+” mark preferences expressed by the Article 10 The voter may also insert an opposite the candidate’s voters. The vote for each The Saeima shall be elected for a unaltered (unannotated) ballot surname. If two or more candidate is equal to the term of four years. paper into the ballot envelope. candidates on the same list - 77 - CDL(2014)058

number of votes cast for the have received an equal list, plus or minus specific Saeima Election Law Article 38 number of votes, they shall votes. Those candidates with Article 8 (1) The Central Election Commission be ranked in the same the highest totals are declared (1) The Central Election shall determine which candidates order as on the originally elected, up to the number of Commission shall determine the have been elected in each submitted list. The seats allotted to each list. number of seats in the Saeima in constituency. Lists of candidates with candidates who have There are no reserved seats or proportion to the number of voters the same name that have received received the largest quotas for women, ethnic in a constituency as stated four less than five per cent of the total number of votes shall be minorities or other categories. months before Election Day number of votes cast in all regarded as elected, according to the data provided by constituencies, regardless of the whereas the others shall the Population Register. If the number of constituencies where remain as candidates, and Saeima elections take place these lists of candidates have been their names shall be ranked according to Article 48 of the submitted, shall be excluded from the in the order of the largest Constitution, the number of seats is allocation of seats. The number of number of votes decided on the day when the valid ballot envelopes shall be received. elections are announced. Voters regarded as the total number of residing in foreign countries are votes cast (the total number of voters included among voters of the Riga taking part in the election). constituency. (2) The procedure to be applied in (2) The number of members in the allocating the seats in the Saeima Saeima to be elected from each among the winning lists of constituency shall be calculated in candidates shall be the following: the following way: 1) the valid ballot papers cast for 1) the total number of voters each list of candidates in each shall be divided by 100; constituency shall be counted; 2) the number of voters in each 2) the number of ballot papers cast constituency shall be divided by the for each list of candidates shall be figure obtained from the division divided by odd numbers — 1, 3, 5, according to Paragraph 2, Point 1 7 and so forth –– until the number of of this Article. The whole numbers the divisions equals the number of obtained in this way shall indicate candidates nominated on the list; the number of Saeima members to 3) all the division results concerning be elected in each constituency; all the lists of candidates in a 3) if the sum of the whole constituency shall be numbered in numbers obtained from the division descending order; according to Paragraph 2, Point 2, 4) within a constituency the lists of is less than 100, the number of candidates that have the highest seats shall be increased by one, division results shall win seats. If the first in the constituency where the division result, the order number of result shows the largest fraction, which is equal to the number of seats then in the constituency with the assigned to the constituency, next largest fraction, and so on until coincides with one or several the sum total of the whole numbers consecutive division results, the list of CDL(2014)058 - 78 -

is 100; candidates that has received the 4) if any two constituencies largest number of votes in all show an equal result in fractions, constituencies wins one more seat. If the number of seats shall be first lists of candidates have been increased in the constituency registered in only one constituency, where the result of the division the seat is won by the list of according to Paragraph 2, Point 2, candidates which was registered is the smallest whole number; first. 5) if any two constituencies show an equal result both in The candidates who have received fractions and whole numbers, lots the largest number of votes shall be shall be drawn to determine which regarded as elected, whereas the constituency will have an increased others shall remain as candidates, number of seats in the Saeima. and their names shall be ranked in (3) The number of seats in each of the order of the largest number of the constituencies shall be votes received. published in the newspaper “Latvijas Vēstnesis” not later than 100 days before Election Day; if the Saeima elections take place according to Article 48 of the Constitution, the announcement shall be published not later than 50 days before Election Day.

- 79 - CDL(2014)058

Constitution of the Proportional system Constitution Largest remainder Open Party List system Several preferences Principality of Article 46 Hare quota Several preferences Cross-voting / Liechtenstein of 5 Directly elected 25. 2 multi- 1) The Diet shall consist of 25 Cross-voting / Panachage October 1921 and member (15 seats for Oberland Representatives who shall be Direct Ballot with proportional Panachage amended on 15 and 10 seats for Unterland) elected by the People by universal, distribution, on the basis of the Article 57 September 2003 constituencies. Proportional equal, secret and direct suffrage simple electoral quotient, the PANACHAGE: When not Candidates in the list Articles 46-47 representation, using the according to the system of remaining seats being attributed to all candidatures of a list who have the most votes simple electoral quotient with proportional representation. The the strongest rest. To be able to be are pre-printed, are elected for the Loi électorale de 17 remaining seats distributed on Upper Country (Oberland) and the represented to Landtag, a political candidates from other mandates which have juillet 1973 - Dernier the basis of greatest Lower Country (Unterland) shall party has to collect 8 % of the valid lists may be inserted and been calculated. If there amendement: 24 remainders. In order to qualify each form a constituency. Of the votes in the whole of the country. If, others cancelled and are candidates of one list juin 1987 for representation in the 25 Representatives, 15 shall be after the division by the appropriate replaced or not (Article 49 with the same number of Article 57 Landtag, a party must obtain elected by the Upper Country and quotient, there are still vacant seats a). The candidates of the votes, the mandate is 8% of the votes cast in the 10 by the Lower Country. in the concerned district, it is other lists take the vote, attributed to the whole country. When division 2) In addition to the 25 proceeded, on the basis of the and the parties’ votes go candidate who is first by the relevant quotient does Representatives, substitutes shall "additional votes", to a new to the list of the selected named on the relevant not result in as many elected be elected in each constituency. distribution between the parties candidates. list. Liechtenstein Deputies as there are seats to For each three Representatives in having collected the necessary 8 %. be filled in the constituency a constituency, each electoral Every list contains, as possible, so concerned, there takes place a group shall have one substitute but many candidates as vacant seats. second-stage division of if an electoral group has obtained Any valid vote in favour of a "supplementary votes" among one mandate it shall have at least candidate is considered as a vote for those parties which have met one substitute.3) Mandates shall its party. The votes attributed to the 8% requirement. Each list be distributed among electoral every list are distributed between the contains, as far as possible, as groups which have obtained at candidates having collected the many candidates as there are least eight percent of the valid largest number of votes. In case of seats to be filled. A vote cast votes cast in the country as a vacancy of seat is provided by the for a candidate is also counted whole. (...) first one of "come then" from the as a vote cast for his party. The concerned list. In case this rule seats won by each list are Article 47 1) The Representatives cannot apply, it is proceeded to a by- allotted to those of its members shall be elected for four years (...). election. who have received the most votes.

Constitution Combined system Constitution Higher remainders For the proportional Several preferences (5) Article 55 Article 55 Hare formula component: Directly elected 141. 71 single- The Seimas shall consist of Open Party List system The final order of Law on elections to member constituencies,. 1 representatives of the People. Law on elections to the Seimas Several preferences (5) candidates for Seimas Lithuania the Seimas, 9 July multi-member (70 seats) 141 Seimas members who shall be Article 58. member on the lists shall 1992, No I-2721 nationwide constituency. Mixed elected for a four-year term on the During the election to the Seimas, Additional remarks: be established according Vilnius (Last system. A candidate shall be basis of universal, equal, and direct each voter shall be presented with parallel voting or the points of the rating amended Last considered elected in a single- suffrage by secret ballot. two ballot papers: one for voting for Supplementary Member (expressed preferences amended by 6 member constituency, if not The Seimas shall be deemed a candidate in a certain single- or Mixed Member from the chosen list) CDL(2014)058 - 80 -

November 2012) less than 40 percent of the elected when at least three- fifths of member constituency, and the other Majoritarian, combining received by each Articles 1, 58, 66, 89 registered voters of that the Seimas members have been for voting for a list of candidates in first-past-the-post with candidate. & 90 constituency have participated elected. the multi-member constituency. <...> party-list proportional in the elections, and the said The electoral procedure shall be The second part of the ballot paper representation. Law on elections to the candidate has received more established by law. of the multi-member constituency Seimas than half the votes cast by the shall contain 5 designated spaces Article 90. Counting of registered voters. If less than Law on elections to the Seimas where the voter shall record the the Rating of Candidates 40 percent of the registered Article 1 The Principles of election numbers of the chosen for Seimas Member and voters of that constituency Elections of Seimas Members candidates. Establishment of the have participated in the Members of the Seimas of the Final Order of elections, the candidate who Republic of Lithuania (hereinafter - Article 66. Voting Procedure Succession of the Lists has received the majority, but the Seimas) shall be elected for a On a ballot paper of the multi- 1. The Central Electoral not less than one-fifth of the term of four years in single- member constituency the voter Commission shall votes cast by all the registered member constituencies and the shall mark the list of candidates calculate the rating of voters of that constituency, multi-member constituency by whom he is voting for and, candidates for Seimas shall be considered to have universal and equal suffrage, in a expressing his opinion about the member and shall been elected. If more than two secret ballot, during direct, mixed- candidates on the list, shall enter establish a final order candidates have participated in system elections. the election numbers of the 5 succession of these lists the elections and none has chosen candidates in the in accordance with the been elected pursuant to designated spaces of the ballot opinion expressed by above-mentioned procedure, a paper. In this way preference votes voters and preference second poll is held after two are given for the candidates. If the votes cast. weeks, in which the two election number of one and the 2. At first, preference candidates who have received same candidate is entered two or votes cast for each the majority of votes shall more times on the ballot paper, only candidate in single- participate In this case, the one preference vote from the ballot member constituencies candidate who has received paper shall be considered for the shall be summed up and more votes, regardless of the candidate. (...) the sum total of all the number of voters, shall be preference votes for each considered to have been Article 89 The Establishment of candidate shall be elected. In the event of a tie, the Election Results in the Multi- calculated. In the event the candidate who received member Constituency where the sum total of the more votes during the initial poll 1. The elections shall be considered candidate’s preference shall be declared elected. If to have been held in the multi- votes is bigger than the both candidates received an member constituency if more than number of Seimas equal amount of votes during one fourth of all voters have members who are being the initial poll, lots are drawn to participate in them. elected in the multi- determine the winner. 2. The list candidates of the party member constituency or nationwide party-list may receive mandates of Seimas such sum is equal to the proportional system, on the member (takes part in the distribution said number, election rating basis of the simple quotient of mandates) only if not less than 5 of the candidate shall be and greatest remainders rules, percent of the voters participating in equal to that sum; if it is with the country as a whole the elections voted for it. The joint list smaller - election rating of - 81 - CDL(2014)058

forming one constituency (for of candidates, drawn up in the candidate shall be 70 seats). In order for the accordance with Article 43 of this considered to be equal to election to be valid, at least Law, may receive mandates of zero. 25% of the electorate must Seimas member (takes part in the 3. The final order of have cast its vote. distribution of mandates) provided candidates for Seimas that not less than 7 percent of the member on the lists shall voters who participated in the be established according election have voted for it. If less than the points of the rating 60 percent of all voters who received by each participated in the election have candidate. The first voted for the lists, taking part in the written down in the distribution of mandates, the list ( lists succession shall be the if an equal amount of votes has been candidate who has cast for them), which has not taken received more points of part in the distribution of mandates the rating. In the event up till then, for whom the majority of that several candidates voters have voted shall acquire the receive the equal amount right to take part in the distribution of of the rating points, then mandates. The number of lists of the first written down candidates which have the right to shall be the candidate participate in the distribution of whose place on the mandates shall be further increased election list is higher. in the same manner until not less 4. The final succession of than 60 percent of all the voters who the lists of candidates for participated in the election shall have Seimas member shall be voted for the lists of candidates announced by the Central participating in the distribution of Electoral Commission on mandates. the same day as the results 3. Mandates for lists of candidates of voting in single-member shall be distributed according to constituencies. the number of votes received by each of them, applying the method of quotas and remainders. 4. At first, the quota shall be counted, that is, how many votes are needed to receive 1 mandate. It shall be equal to the sum of votes, divided by 70, cast by voters for the lists participating in the distribution of mandates. If when dividing, a remainder is received, 1 shall be added to the quotient. 5. The amount of votes cast for each CDL(2014)058 - 82 -

list shall be divided by the quota. The received integer quotient shall be the number of mandates for each list according to the quota and the remainders of this division shall be used to distribute the remaining mandates according to the remainders. Therefore, all names of the lists shall be written down in succession in which the first follows the last, according to the size of the remainders of the dividing received by the lists, beginning with the largest. If the remainders of two lists are equal, the first written down shall be the list which have received more votes of voters and if these numbers are also equal, the first written down shall be the list which has received more mandates in all single-member constituencies. If the number of mandates is also equal, the first written down shall be the list which possess the smaller election number. The mandates which have not been distributed when distributing by the method of quotas shall be distributed by one to the lists according to the succession, beginning with the list which was written down first. 6. If one of the lists received the larger number of mandates than there were candidates on the list, these mandates would be distributed to other lists, further continuing the dividing thereof by the method of remainders. 7. Candidates of the same list shall receive mandates in the numerical order established by the Central Electoral Commission, which has established the rating of candidates. Those candidates who are elected in - 83 - CDL(2014)058

single-member constituencies shall be omitted from the list. 8. If the party, coalition submits together with the application documents the request that the rating of their candidates should not be established, voters shall be notified about this in advance, indicating this in a ballot paper and the rating of candidates shall not be counted, and the registered sequence of candidates on the list shall be considered final.

Constitution Proportional system Constitution Highest average Open Party List system Several preferences Article 51 Article 51 [Parliamentary Hagenbach-Bishoff formula Several preferences Cross-voting / Directly elected 60. 4 multi- Democracy, Election, Cross-voting / Panachage Electoral Law member (23 seats for the Referendum] Loi électorale Panachage Loi électorale du 18 South, 21 for the Center, 9 for (1) The Grand Duchy of Article 143 Chaque électeur dispose Electors may cast a février 2003 the North and 7 for the East) Luxembourg is ruled by a system d’autant de suffrages qu’il y a de preferential vote or split (derniere constituencies. Party-list of parliamentary democracy. députés à élire dans la their vote between different modification, 1er proportional representation (2) The organization of the circonscription.Il peut attribuer deux lists. The voter has as mars 2014) system, with seats allotted Chamber is regulated by law. suffrages à chacun des candidats many nominative votes as Articles 133, 143, according to the Hagenbach- (3) The Chamber is composed of jusqu’à concurrence du total des there are seats to be filled 145, 159-161 Bishoff method. Under this 60 deputies. A law passed under suffrages dont il dispose.L’électeur in the constituency. system, political groups submit the provisions of Article 114 (5) qui, à l’aide d’un crayon, d’une lists of candidates, whose sets the number of deputies to be plume, d’un stylo à bille ou d’un The candidates of the other number may not exceed the elected in each of the instrument analogue, remplit le lists take the vote, and the Luxembourg number of seats to be filled in constituencies. cercle blanc de la case placée en parties’ votes go to the list the district. Electors may cast a (4) The election is direct. tête d’une liste ou qui y inscrit une of the selected candidates. preferential vote or split their (5) Deputies are elected by croix ( + ou x ) adhère à cette liste vote between different lists. straightforward universal suffrage en totalité et attribue ainsi un Article 161 Les sièges Accordingly, they can either on the party-list system, in suffrage à chacun des candidats sont attribués, dans vote for a list (in which case the accordance with the rules of de cette liste.Chaque croix ( + ou x chaque liste, aux latter is deemed to have proportional representation, the ) inscrite dans l’une des cases candidats ayant obtenu received a number of votes principle of the smallest electoral réservées derrière le nom des le plus grand nombre de equal to the number the elector quota, and the rules to be candidats vaut un suffrage à ce suffrages. En cas d’égalité was entitled to cast) or for a determined by the law. candidat. (...) de suffrages, est proclamé particular name on any list (in (6) La pays est divisé en quatre élu le candidat qui est which case their votes may not circonscriptions électorales, Le Sud désigné par tirage au sort exceed the number of Deputies avec les cantons d’Esch-sur- Article 159 par le président du bureau to be elected in the district Alzette et Capellen ; Le Centre Le nombre total des suffrages principal de la concerned). Each party-list avec les cantons de Luxembourg valables des listes est divisé par le circonscription. CDL(2014)058 - 84 -

obtains as many seats as its et Mersch ; Le Nord avec les nombre des députés à élire total number of (individual cantons Diekirch, Redange, Wiltz, augmenté de un. On appelle candidates and list) votes Clervaux et Vianden ; L’Est avec «nombre électoral» le nombre entier encompasses the applicable les cantons de Grevenmacher, qui est immédiatement supérieur au quotient. Remaining seats are Remich et Echternach. quotient ainsi obtenu. Chaque liste allotted to parties with the (7) Les électeurs pourront être reçoit à la répartition autant de highest average after the appelés à se prononcer par la voie sièges que le nombre électoral est second count. Vacancies du référendum dans les cas et contenu de fois dans le nombre des between general elections are sous les conditions à déterminer suffrages qu’elle a recueillis. filled by the "next-in-line" par la loi. Article 160 Lorsque le nombre des candidates i.e., those of the députés élus par cette répartition same party-list who received Loi électorale reste inférieur à celui des députés à the highest number of votes Article 133 Les députés sont élus élire, on divise le nombre des short of being elected. au scrutin de liste, avec répartition suffrages de chaque liste par le des députés aux différentes listes, nombre des sièges qu’elle a déjà proportionnellement au nombre obtenus augmenté de un; le siège des suffrages qu’elles ont recueillis. est attribué à la liste qui obtient le quotient le plus élevé. On répète le Article 145 Les suffrages donnés même procédé s’il reste encore des à une liste en totalité (suffrages de sièges disponibles. En cas d’égalité liste) ou aux candidats de quotient, le siège disponible est individuellement (suffrages attribué à la liste qui a recueilli le plus nominatifs) comptent tant à la liste de suffrages. Les opérations de pour le calcul de la répartition calcul sont à faire par un assesseur proportionnelle des sièges entre ou, le cas échéant, par un les listes qu’aux candidats pour calculateur, et le secrétaire sous le l’attribution des sièges dans les contrôle du bureau. listes. Le suffrage exprimé dans la case figurant en tête d’une liste compte pour autant de suffrages de liste qu’il y figure de candidats. Les suffrages recueillis par un candidat décédé après l’expiration du terme accordé pour les déclarations de candidatures sont valablement acquis à la liste à laquelle il appartient.

- 85 - CDL(2014)058

Constitution Proportional system - Single- Constitution Droop quota Single-Transferable Several preferences Articles 51, 52, 56 . Transferable Vote Article 51 Vote See also Articles 57- There shall be a Parliament of Arrangement of act - Part XI Several preferences Each elector indicates 58. Directly elected: 65 Malta which shall consist of the Article 71 his/her order of preference Other: 5 President and a House of (1) Each voter shall have one Additional remark: single- among all the candidates in General Elections Each elector indicates his/her Representatives. transferable vote. transferable vote: voters his/her electoral district Act of 27 order of preference among all (2) A voter, in recording his vote: place a number indicating regardless of candidates' September 1991 the candidates in his/her Article 52 (a) must place on his ballot paper an order of preference political affiliation (Last amendment electoral district regardless of (1) Subject to the provisions of this the figure 1 against the name of against the name of 28 Mars 2014) candidates' political affiliation. Chapter, the House of the candidate for whom he votes; candidates on the ballot General Elections Act - Arrangement of act - In the first count, those who Representatives shall consist of and paper. Thirteenth Schedule Part XI satisfy the Hagenbach-Bischoff such number of members, being (b) may in addition indicate the (Article 105) Article 71; Thirteenth quotient are declared elected. an odd number and divisible by the order of his choice or preference Schedule (Article Should any seats remain number of electoral divisions, as for as many other candidates as 105), Articles 7-10 vacant, the surplus votes polled Parliament shall from time to time he pleases by placing against by candidates already elected by law determine. Such members their respective names the figure are transferred proportionately shall be elected in the manner 2, 3, 4, 5 and 6 and so on in to the remaining candidates on provided by or under any law for consecutive numerical order. (...) the basis of the second the time being in force in Malta in preferences indicated. The equal proportions from the electoral General Elections Act - Thirteenth votes thus transferred are divisions referred to in article 56 of Schedule (Article 105) Malta added to those polled by each this Constitution, each division Article 7 remaining candidate. The returning such number of (1) The Commission shall then count candidate (candidates) who members, being not less than five the number of papers in the tray of now possesses (possess) a and not more than seven as each candidate, and credit each number of votes equal to, or Parliament shall from time to time candidate with a number of votes greater than the quotient is by law determine; and such equal to the number of valid (are) elected. Candidates with members shall be known as papers on which a first preference the lowest number of votes are "Members of Parliament". (...) has been recorded for such eliminated and their votes are candidate, and they shall ascertain transferred to the other Article 56 the total number of valid papers in remaining candidates (1) The members of the House of that division. according to the next Representatives shall be elected (2) When counting the number of preference shown on the ballot upon the principle of proportional papers placed in the tray of each paper. The same operation is representation by means of the candidate, the supervisor shall direct repeated until there are no single transferable vote from such that such papers be bundled in more seats to be filled. In cases number of electoral divisions, being packets of fifty papers each and that where two parties win an odd number and not less than each packet is counted by at least parliamentary representation in nine and not more than fifteen, as two counters. a given general election, Parliament shall from time to time (3) The Electoral Commission may additional members may be determine. (...) order that in the same electoral elected in accordance with the division the votes of more than one Constitution to ensure that the candidate shall be counted CDL(2014)058 - 86 -

party with the majority of first Article 57 - About persons contemporaneously provided that preference votes secures a qualified to be registered as a they ensure that the ballot papers one-seat majority in the House voter belonging to different candidates are of Representatives. kept separate. The additional seats are given Article 58 - About persons (4) At the end of the count in a to the remaining unelected qualified to stand for elections particular electoral division the candidates of the winning party to parliament Commission shall declare the total irrespective of the district number of valid ballot papers in that contested. Candidates to the division and the total number of valid general elections may contest votes credited to each candidate in no more than two districts. In that electoral division. case they are elected from two districts, they will choose one Article 8 district that they will represent The Commission shall then divide after the elections. The seats the total number of valid papers in vacated by these candidates each division by a number will be filled by "casual exceeding by one the number of elections" prior to the first vacancies to be filled. The result session of the House of increased by one, disregarding any Representatives (which must fractional remainder, shall be the be held within two months of number of votes sufficient to secure the announcement of the the return of a candidate. This official results of the general number is herein called the "quota". elections to the President). Any unsuccessful candidates in the Article 9 general elections may run for If at the end of any count the number their district's casual election. In of votes credited to a candidate is practice, however, only the equal to or greater than the quota, candidates from the party that that candidate shall thereupon be vacated the seat contest the elected. casual elections (thus the overall election results are not Article 10 affected). To be elected in the (1) If at the end of any count the casual elections, candidates number of votes credited to a must obtain more than 50 per candidate is greater than the quota, cent of the total votes cast. the surplus shall be transferred, as in Other vacancies arising this regulation provided, to the between general elections are continuing candidates for whom the filled through by-elections next available preferences have been recorded on the ballot papers in the parcel or sub-parcel received by the elected candidate at that count. (2) A surplus which arises from any - 87 - CDL(2014)058

count shall be transferred before a surplus which may arise from a subsequent count. (3) If more than one candidate has a surplus arising from the same count, the largest surplus shall first be dealt with. (4) If two or more candidates have each an equal surplus arising from the same count, the surplus of the candidate with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall first be dealt with. Where the number of votes credited to such candidates were equal at all counts the Commission shall determine by lot which surplus they will first deal with. (5) (a) If the votes credited to an elected candidate consist of original votes only, the Commission shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred. (b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the Commission shall examine the papers contained in the last sub-parcel last received by the elected candidate whose surplus is to be transferred. (c) In either case the Commission shall sort the transferable papers into sub-parcels according to the next available preference recorded thereon, shall make a separate sub- parcel of the non-transferable papers and shall ascertain the number of papers in each subparcel of transferable papers and in the sub- parcel of non-transferable papers. CDL(2014)058 - 88 -

(6) If the total number of papers in the sub-parcels of transferable papers is not greater than the surplus, the Commission shall transfer the whole of each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter’s next available preference, and shall set aside as a separate parcel so many of the non- transferable papers as are not required for the quota of the elected candidate. The particular papers set aside shall be those last filed in the sub-parcel of non-transferable papers. (7) (a) If the total number of transferable papers is greater than the surplus, the Commission shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available reference the number of papers which bears the same proportion to the number of papers in the subparcel as the surplus bears to the total number of transferable papers. (b) The number of papers to be transferred from each subparcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the decimal parts (to four significant places), if any, of each number so ascertained. (c) If, owing to the existence of such decimal parts (to four significant places), the number of papers to be transferred is less than the surplus, so many of these decimal parts (to - 89 - CDL(2014)058

four significant places) taken in the order of their magnitude, beginning with the largest as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining decimal parts (to four significant places) shall be ignored. (d) If two or more decimal parts (to four significant places) are of equal magnitude, those decimal parts (to four significant places) shall be deemed to be the largest which arise from the largest sub-parcels and if the sub-parcels in question are equal in size, the decimal parts (to four significant places) credited to the candidate with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the Commission shall determine by lot which decimal parts (to four significant places) shall be deemed to be the largest. (e) The particular papers transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked with the number of the count at which the transfer took place.

CDL(2014)058 - 90 -

Constitution Articles Combined system Constitution Higher remaindersHare formula For the proportional No preference 50, 52, 54 & 56 Article 50 The legislative power of component: Closed Chamber of deputies: the United Mexican States is Federal Code of Electoral Party List system Article 17 Federal Code of Mixed systems vested in a General Congress, Institution and Procedures No preference 1. (...) for the assignation Electoral Institution Directly elected 500. 300 which shall be divided into two Article 13 of the representatives by and Procedures of single-member constituencies, chambers, one of deputies and the 1. For the assignation of Additional remarks: the principle of 14 January 2008, one multi-member nationwide other of senators. representatives of proportional mixed-member proportional lastly amended on 2 constituency for remaining 200 representation according to the proportional representation it will be July 2012 Deputies, there is 1 Deputy for Article 52 One proprietary deputy faction III of the article 54 of the representation (closed followed the order that Articles 9-18 every 250,000 citizens and for shall be elected for each two Constitution, it will proceed an party-list). the candidates had on every fraction over hundred thousand inhabitants or application of a pure proportionality the regional lists. (...) 125,000Simple majority vote fraction of over one hundred formula integrated by the following for 300 Deputies proportional thousand, according to the general elements:a) Natural Quotient; andb) Article 18(…) representation (simple quotient census of the Federal District and Higher Reminder 6. (…) in the senators plus greatest remainder of each State and Territory; but in 2. Natural Quotient: is the result of assignation by the formula) from regional party no case shall the representation of dividing the casted national voting by principle of proportional lists for remaining 200. Latter a State be less than two deputies, the two hundred representatives of representation it will be seats apportioned on basis of and that of a Territory whose proportional representation. followed the order that national vote won by each population is less than that fixed by 3. Higher Reminder of votes: Is the the candidates had in the party, with proviso that majority this article shall be one proprietary highest amount between the rest of national list. party cannot hold more than deputy the voting of each political party, Mexico 300 seats (or 315 with more once the allocation of seats in than 60% of popular vote) Article 54 The election of 200 parliament is done by the natural overall; certain conditions to representatives under the principle quotient. The higher reminder will be benefit from this allocation. of proportional representation, used when there were still positions using a system of regional lists, to distribute. Senate: shall be subjected to the following Mixed system principles: (...) Article 14 Directly elected 128. 32 1. Once it is developed the multimember (three seats Article 56 The Senate shall be mentioned formula on the previous each) constituencies composed of 128 senators, two article, it will be observed the corresponding to the 31 states Senators from each state and the following procedure:a) It will be and the federal district; a single Federal District elected in decided the representatives that will national constituency for 32 accordance to the principle of be assigned to each political party, seats. Majority system: A total majority voting and one Senator according to the number of times that of 96 seats are filled by majority shall be apportioned to the largest its voting has the natural quotient; system, of which 64 seats are minority. For this purpose, political andb) The ones that will be allocated to the two candidates parties must register a list with two distributed by higher reminder if after receiving the largest amount of sets of candidates. The largest applying the natural quotient were votes in each state; 32 seats minority seat shall be granted to still remaining positions to assign, are allocated to one candidate the set of candidates heading the following the descending order of the from the party which obtained list of the political party that shall votes not used, for each one of the the second largest amount of have attained the second place in political parties on the seats in - 91 - CDL(2014)058

votes in each state (minority the number of votes casted in the parliament distribution. senators). Proportional corresponding state.The remaining 2. It will be decided if it is necessary representation system: 32 thirty two senators shall be elected to apply to a political party the seats are filled by a under the principle of proportional established limits on the factions IV proportional representation representation, through the system and V of the article 54 of the system, based on party lists. of lists voted in one sole national Constitution, so the political party plurinominal district. The law shall which the representatives number in establish the regulations and both principles exceeds from three formalities that shall be applied for hundred or its percentage of seats in these purposes.The Senate shall parliament of the total of the be totally renewed every six years. Chamber exceeds by eight points from its percentage of the national Federal Code of Electoral voting, it will be deducted the number Institution and Procedures of proportional representation Article 91. The exercising of the representatives until they meet the Executive Power is placed in only established limits, the exceeding one person, who is called The positions will be allocated to the other President of the United Mexican political parties that are not located States elected each six years by on these ones previously mentioned. plurality and direct vote of the 3. Once it has been deducted the Mexican citizens. exceeding number of proportional representation representatives, to the Article 10 political party according to the ones 1. The Legislative Power of the mentioned on the previous Mexican United States is placed in paragraph 2, it will be assigned to a General Congress, which will be them the corresponding seats in divided in two Chambers, one of parliament of each district, on the Representatives and other one of following terms:a) It will be obtained Senators. the distribution quotient, which results dividing the total of votes of Article 11 the political party mentioned, by 1. The House of Representatives is the positions to be assigned to the composed by 300 elected same political party.b) The representatives according to the obtained votes by the political party principle of majority voting, by in each electoral district will be means of the uninominal electoral divided by the distribution quotient, district system, and 200 assigned according to the number of representatives that will be elected seats in parliament of each one of in accordance to the principle of them; andc) If there were still proportional representation, by representatives to be assigned, it will means of the voted regional list be used the higher reminder system in plurinominal districts. procedure, mentioned on the The House of Representatives will previous article. CDL(2014)058 - 92 -

be totally reformed each three years. Article 15 2. The Senators' House will be 1. For the assignation of proportional composed by 128 senators, which, representation representatives in in each State and Distrito Federal, case it happens as the mentioned two will be elected according to the condition in faction VI of the article 54 principle of majority voting, and one of the Constitution, we will proceed will be assigned to the largest as follows:a) Once the distribution minority. The rest of the 32 mentioned in the previous article is senators will be elected by the done, it will be assigned the rest of principle of proportional the seats in parliament to the other representation, voted in only one political parties with the right for this, national plurinominal district. The on the following terms:I. It will be Senators' House will be totally obtained the effective national voting. reformed each six years. For this it will be deducted from the 3. For each federative entity, the casted national voting from the political parties should register a list political parties to which could have with two Set of senators been applied some of the candidates. The senate of largest established limits on the factions IV minority will be assigned to the set or V from the article 54 of the of candidates that head the list of Constitution;II. The effective national the political party that has the voting will be divided by the number second place of vote numbers on of seats of parliament to be the entity. Also they should register assigned, to obtain a new natural a national list of 32 set of quotient;III. The effective national candidates to be voted by the voting obtained by each political principle of proportional party will be divided by the new representation. natural quotient. The result will be the 4. On the lists mentioned in the total of representatives to be previous paragraph, the political assigned to each political party; parties will assign the order of the andIV. If there were still seats of set of the candidates.Federal parliaments to be distributed, they Code of Electoral Institution and will be assigned according to the ProceduresSecond higher reminders of the political ChapterProportional parties. representation for the 2. To assign the representatives to integration of the each political party, by plurinominal Representatives and Senators' electoral district, it will proceed as Houses and the allocation follows:a) It will be obtained the methods effective voting by electoral district, which will be the result of deducting the voting of the political parties that are located in the mentioned - 93 - CDL(2014)058

Article 12 conditions on the factions IV and V of 1. For the implementation of the the article 54 constitutional, in each faction II of the article 54 of the one of the electoral districts.b)The Constitution, it is understood as effective voting by electoral districts casted total voting, the total of all will be divided by the number of the votes placed on the ballot box. seats of parliament pending to be 2. On the implementation of the assigned in each plurinominal faction III of the article 54 of the electoral district to obtain the Constitution, for the distribution quotient on each one of representatives assignation of them;c) The effective voting of each proportional representation, it will political party in each one of the be understood as casted national plurinominal electoral district will be voting, the one that will result by divided by the distribution quotient, deducting from the casted total being the result in whole numbers voting, the votes in favor of the the total of representatives to be political parties that have not get assigned in each plurinominal the two percent and the null votes. electoral district; andd) If after applied 3. Not any political party could the distribution quotient some have more than three hundred representatives were left to be representatives in both principles. distributed to the political parties, it In not any case, a political party will be used the higher reminder of could have a number of votes that each political party had on representatives in both principles the electoral districts, until they were which represents a percentage of finished, in descending order, so the total of the Chamber which each plurinominal electoral district exceeds eight points from the had forty representations. percentage of the casted national voting. This base will not be Article 16 applied to the political parties that 1. Determined the assignment of because of their victories in representatives to the political parties uninominal districts, obtain a as referred in the section a) and b) of percentage of seats in parliament the paragraph 1 from the article 14 of from the total of the Chamber, this Code and in case any of the higher to the addition of the political parties could be placed on percentage of the casted national the conditions from factions IV and V voting plus the eight percent. of article 54 of the Constitution, the procedure is as follows:a) It will be divided the total voting of each electoral district, by forty, to obtain the distribution quotient;b) The obtained voting by political party on each one of the plurinominal electoral districts will be divided by CDL(2014)058 - 94 -

the distribution quotient, the result will be the total of representatives that will be assigned in each plurinominal electoral district; andc) If after applied the distribution quotient some representatives were left to be distributed to the political parties, it will be used the higher reminder of votes that each political party had on the electoral districts, until they were finished, in descending order, so each plurinominal electoral district had forty representations.

Article 17 1. In all the cases, for the assignation of the representatives by the principle of proportional representation it will be followed the order that the candidates had on the regional lists.

Article 18 1. For the assignation of senators by the principle of proportional representation referred on the second paragraph of the article 56 of the Constitution, it will be used the pure proportionality formula and will be followed the next rules:a) It is understood as casted total voting for the senators election by the principle of proportional representation, the total of all the votes placed on the ballot boxes for the list of national plurinominal electoral districts; andb) The assignation of senators by the principle of proportional representation will be done considering as casted national voting the one it results by deducting from the casted total, the votes in favour of the political parties that had not obtained the two percent of the - 95 - CDL(2014)058

casted voting for the corresponding list and the null votes. 2. The pure proportionality formula has the following elements:a) Natural Quotient; andb) Higher reminder 3. Natural Quotient: is the result of dividing the casted national voting, between the number of elected senators to divide by the principle of proportional representation 4. Higher reminder: is the highest amount from the rest of the voting of each political party after participating on the senators distribution by the natural quotient. The higher reminder should be used when there still were senators to be divided. 5. For the application of the formula, it will be observed the following procedure:a) By the natural quotient it will be distributed to each political party the senators according to the number of times that their voting has the quotient; andb) After applying the natural quotient, if there still were senators to be divided, these will be assigned by the higher reminder method, following the descending order from the rest of the not used votes for each one of the political parties. 6. In any case, in the senators assignation by the principle of proportional representation it will be followed the order that the candidates had in the national list.

CDL(2014)058 - 96 -

Constitution Proportional system Constitution Hare formula Closed Party List No preference Articles 60, 61 & 63 Article 60. Parliament as the system Directly elected 101. One Supreme Representative Body Electoral Code No preference Electoral Code Electoral Code as of nationwide constituency. Seats and Legislative Authority. Article 54. Procedure for Article 88. Mandates’ 1 November 2014 are distributed first to the (1) Parliament is the supreme completing the ballot Allocation Articles 73 & 86-88 parties which have surpassed representative body of the people (1) The ballot shall be completed by (1) The Central Election the thresholds (see below) and and the sole legislative authority of the voter a secret voting booth. A Commission shall according to their share of the State in the Republic of voter who is unable to fill out the allocate mandates to votes. The remaining seats are Moldova. ballot has the right to invite the cabin electoral contestants in distributed sequentially, by (2) Parliament consists of 101 another person, except members of the order of their each party (or other socio- members. the polling place, candidates and inclusion in the political organization, each members representing persons candidate lists. (…) electoral bloc), starting with the Article 61. Parliament Elections authorized to attend the polling. electoral candidate who has (1) The members of parliament are These cases will be recorded obtained the largest number of elected by voting based on separately in the report of the votes in descending order. universal, equal, direct, secret and electoral precinct. The following proportions of freely expressed suffrage. (2) the voter with "Voted" in the valid votes cast nationwide (2) The organic law shall establish circle of one rectangle on the constitute the threshold for the way of organizing and holding ballot, which means that a representation: fFor an elections. candidate voted accordingly. independent candidate - 2% , Circles of other quadrilaterals Moldova for a party or socio-political Article 63. Mandate Duration must remain clean. organization - 4%, for electoral (1) The members of Parliament are (3) It is forbidden to take out of the blocs comprising 2 parties - elected for a 4-year term, which polling station the ballot paper 7%. for electoral blocs may be extended by organic law, received for voting. comprising 3 or more parties - and in the event of war or a (4) A voter may vote for only one 9% national disaster. candidate.

Electoral Code Article 88. Mandates’ Allocation Article 73.Parliamentary (1) The Central Election Commission Elections shall allocate mandates to electoral (1) Parliament of the Republic of contestants in the order of their Moldova shall be elected by an inclusion in the candidate lists. universal, equal, direct, secret and (2) Candidates included in lists of freely expressed vote, for a four- electoral contestants’ that have year term. passed the threshold established (2) Elections to Parliament shall be under art 86, but not elected will be conducted based on one national declared candidates on reserve list. electoral district in which 101 Candidate on reserve list shall be deputies shall be elected. declared elected by the Constitutional Court, upon the request of the Central Election Commission, in the event that, for - 97 - CDL(2014)058

Article 86. Threshold for certain reasons, a parliamentary Winning Parliamentary Seats mandate owned by a party, socio- (1) Upon receiving records of political organization or to the results tabulation in all districts from electoral bloc becomes vacant. all district electoral councils, the Candidate on reserve list may refuse Central Election Commission shall the parliamentary mandate by tabulate the number of valid votes submitting a written statement to that cast for each party, other socio- effect to the Central Election political organization, every Commission. electoral bloc and independent (3) If a party, other socio-political candidate, in order to establish organisation or electoral bloc gets whether or not they have reached more mandates than the number of the minimal threshold to be candidates entered in the list of this represented in Parliament. party, socio-political organisation or (2) The threshold for winning electoral bloc, a number of mandates parliamentary seats is next equal to the number of candidates in proportion from the votes valuable the list will be allotted. cast on national level (or in entire (4) The remained MP mandates are country): allocated to other parties, socio- b) for an electoral bloc formed of 2 political organisations or electoral parties and/or social-political blocs according to the procedure set organisations – 9 per cent; in article 87, paragraph (5). The c) for an electoral bloc formed of 3 same procedure will be followed in and more parties and/or socio- case of vacant mandates, if the political organisations – 11 per electoral competitor does not have cent; reserve candidates or if the mandate d) for an independent candidate – obtained by the independent 2 per cent. candidate becomes vacant. (3) Parties, other socio-political organizations, electoral blocs and independent candidates who gained less votes than the percentage provided in paragraph (2) are excluded from the procedure of mandates’ allocation by a decision of the Central Election Commission.

Article 87. Number of Mandates Obtained by the Electoral Contestants (1) The mandates of a member of the Parliament of the Republic of CDL(2014)058 - 98 -

Moldova are distributed only to the electoral competitors who gained the necessary minimum of votes to pass the representation threshold set in article 86. (2) The allocation of parliamentary mandates to the parties, other socio-political organisations and electoral blocs is done only after establishing the number of the independent candidates who gained at least 2 per cent of the valid votes cast. The respective number of independent candidates is subtracted from the total number of MP mandates in the Parliament. (3) The number of votes for independent candidates who gained at least 2 per cent of the valid votes cast is subtracted from the total number of valid votes casts in the respective parliamentary elections. The number of votes gained is divided to the number of MP mandates left after the subtraction of the mandates gained by independent candidates, thus obtaining the electoral coefficient of the respective parliamentary elections. (4) The number of valid votes cast gained by each party, other socio- political organisation or each electoral bloc, which passed the representation threshold set in article 86, is divided to the electoral coefficient, thus obtaining the number of mandates for each electoral competitor. The fraction number greater than 5 are round up, and those equal or less than 5 are round down. (5) The number of remained - 99 - CDL(2014)058

mandates of member of the parliament that remained after the distribution are distributes successively, one to each party, other social political organisations, each electoral bloc, beginning with the electoral contestant which received the highest number of mandates, in a decreasing order.

Constitution Proportional system Constitution Hare formula For proportional Several preferences Article 53 Article 53 - Composition of the component (1/3): Open Cross-voting / Directly elected 24. 1 multi- Parliament (amended by Law Loi électorale Party List system Panachage Loi n. 839 du member nationwide n°1.249 of April 2nd 2002) - The Article 20 Several preferences 23/02/1968 sur les constituency.List Proportional National Council comprises twenty- 1 (Loi n° 1.250 du 9 avril 2002) Les Cross-voting / Article 20 élections nationales Representation (List PR): Each four members, elected for five deux tiers des sièges au Conseil Panachage 1(…) Au sein de chaque et communales telle list contains a number of seats years by direct universal suffrage National sont attribués au scrutin liste, les sièges obtenus qu'amendée au 9 equal to the number of times and by the list system under the majoritaire. Le tiers restant est Additional remarks: sont attribués aux avril 2002 (Loi n. the electoral quotient is conditions prescribed by law.The attribué au scrutin proportionnel. parallel voting or candidats dans l'ordre du 1.250) contained in the total number of 24-seat parliament is elected every Sont tout d'abord élus les seize Supplementary Member nombre de suffrages Articles 20 & 20-1 valid votes cast for all five years under a mixed electoral candidats ayant obtenu le plus grand or Mixed Member qu'ils ont obtenus. (…) candidates on the list. The system from a single nationwide nombre de voix. En cas d'égalité des Majoritarian, combining electoral quotient is obtained by constituency. Members of suffrages, le plus âgés des candidats first-past-the-post with dividing the total number of parliament (MPs) are elected from est proclamé élu.Les huit sièges party-list proportional valid votes cast by the number open candidate lists, each restants sont attribués aux listes en representation of seats to be filled by consisting of a minimum of 13 and présence, ayant obtenu au moins (panachage: each voter Monaco proportional voting. Any a maximum of 24 candidates. cinq pour cent des suffrages may either approve one remaining seats are filled by Candidate lists are presented on valablement exprimés, selon les of the lists as a whole, or applying the rule of the highest separate ballots. While voters can modalités de la représentation replace some of average. This figure is choose only one ballot with one list, proportionnelle.Chaque liste obtient candidates across determined for each list by they can modify a ballot paper by un nombre de sièges égal au different party/coalition adding, whenever a seat is left, deleting candidates and adding nombre de fois où le quotient lists). a fictitious seat to the number candidates from other lists. électoral est contenu dans le total of seats the list has won via des suffrages valablement exprimés The candidates of the proportional voting and by Article 20 de la loi n°839 du en faveur de l'ensemble de ses other lists take the vote, dividing the total number of 23/02/1968 relative aux élections candidats.Le quotient électoral est and the parties’ votes go votes it has obtained by the nationales et communales Le obtenu en divisant le nombre total de to the list of the selected number of seats, including the Conseil National comprend vingt- suffrages valablement exprimés par candidates. fictitious seat that has been quatre membres élus pour cinq le nombre de sièges à pourvoir à la added. Within each list, the ans (…) Les élections du Conseil proportionnelle.Les sièges seats obtained are allocated to National se font au scrutin de liste, éventuellement restants sont candidates depending on the plurinominal, à un tour, avec attribués par application de la règle number of votes obtained. In possibilité de panachage et sans de la plus forte moyenne.La CDL(2014)058 - 100 -

case of a tie, the eldest vote préférentiel (… ) moyenne est déterminée pour candidate is elected chaque liste en ajoutant, chaque fois qu'il y a un siège restant, un siège fictif au nombre de sièges qui lui sont attribués au scrutin proportionnel et en divisant le total des voix qu'elle a obtenues par le nombre de sièges, y compris le siège fictif ajouté.Au sein de chaque liste, les sièges obtenus sont attribués aux candidats dans l'ordre du nombre de suffrages qu'ils ont obtenus. En cas d'égalité du nombre de suffrages, le plus âgés des candidats est élu.

Constitution Proportional system Constitution d'Hondt formula Closed Party List No preference Articles 83-84 One nationwide constituency of Article 83 system 76 seats; one special The Parliament shall consist of the Law on Election of Councillors No preference Law on Election of Law on the Election constituency of five seats for Members of the Parliament elected and Representatives (draft Law) Councillors and of Councillors and the Albanian community. directly on the basis of the general Article 95 Representatives (draft Representatives as Proportional, party list systems: and equal electoral right and by 1. The number of seats won by the Law) amended in 2011 , political parties submit a single secret ballot. respective list of candidates shall be Article 96 amended in 2014 election list (closed list), which The Parliament shall have 81 determined by dividing the total (…) The seats that a list of Articles 4, 5 & 93-96 is valid in both the nationwide Members. number of votes each list of candidates has acquired and special constituencies. candidates in the constituency has shall be allocated to The Law Amending Seats are attributed according Article 84 won by 1, 2 and ... inclusive with the candidates according to the Law on Election to the highest average system, The mandate of the Parliament number which corresponds to the the order from the list of of Councillors and using the d'Hondt method. A shall last for four years. number of councillors or candidates. (…) Representatives threshold of 3 per cent of the representatives that are elected in Montenegro has been recently total votes is required to win a Law on Election of Councillors the constituency. The quotients thus be adopted. seat. If a list does not reach the and Representatives calculated shall be sorted by size, by threshold in one constituency, Article 4 taking into account as many largest but does in the other, the votes 1. A councillor and/or a quotients as councillors and received in the first representative shall be elected in representatives elected. constituency will be added to the constituency based on a list 2. An individual list of candidates those in the other constituency. submitted by political parties shall gain the number of seats that (political party list of candidates), equals the quotients belonging to it. coalitions of political parties 3. Allocation of seats won by a (coalition list of candidates) or the collective candidate list to submitters group of permanent residents (a list of lists of candidates that make the of candidates of the group of collective list of candidates shall be permanent residents). carried out in the way that the total 2. Seats for councillors and/or number of votes gained by an - 101 - CDL(2014)058

representatives shall be distributed individual list of candidates making in proportion to the number of the collective list of candidates is votes. divided by 1, 2, ..... and finally by the number of seats won by the Article 5 collective list of candidates. Such 1. The term of office of the obtained quotients shall be classified councillors and/or representative by size, where the number of the shall last for four years. (...) highest quotients that equals the number of seats won by the Article 93 collective list of candidates shall be 1. The MEC for the election of taken into consideration. councillors and/or the REC for the 4. If two or more lists of candidates election of representatives, shall gain the same quotients based on establish the total number of votes which they would be allocated one each list of candidates has won seat, it shall be determined by and the number of seats belonging drawing lots which list of candidates to each list. shall be allocated this seat. 2. Each list shall be allocated a number of seats in proportion to the number of votes it has won, in accordance with this Law.

Article 94 1. Candidate lists that have won no less than 3% of the total number of valid votes in an electoral district shall take part in allocation of seats. 2. Notwithstanding paragraph 1 of this Article: (i) lists of candidates for election of a specific minority nation or minority national community MP specified in the election application or the title of the list of candidates, if none of them meets the requirement referred to in paragraph 1 of this Article, and individually they gain no less than 0.7% of valid votes, shall acquire the right to take part in allocation of seats as a single – collective list of candidates with the total number of valid votes won, provided that CDL(2014)058 - 102 -

adding up that ensures winning up to three seats shall be recognised for allocation of seats; (ii) in case none of the candidate lists for election of MPs of Croatian national members meets the requirements referred to in paragraph 1 of this Article and item 1 of this paragraph, the most successful one, with no less than 0.35% of valid votes shall acquire the right to one MP seat. 3. The right referred to in paragraph 2 item 1 of this Article shall be exercised by candidate lists representing a specific (the same) minority nation or a specific (the same) minority national community with the share up to 15% in the total population in the electoral district, according to the data from the latest census of population. 4. The participation of a candidate list of a specific minority nation or minority national community in the pre-election coalition with candidate lists of another minority nation or minority national community or candidate lists of political parties or civic groups not exercising the right referred to in paragraph 2 of this Article shall not deny the right referred to in paragraph 2 of this Article to other submitters of candidate lists of such minority nation or minority national community.

- 103 - CDL(2014)058

Constitution as of Combined systemChamber Constitution Highest averageElectoral Law (in For the proportional No preference 29 July 2011 of Counsellors: Article 60 Parliament shall be French) component: Articles 60, 62-1 & Indirect election made up of two Houses: the Article 1(…) 395 membres élus (…) Closed Party List 62-2 270 members, elected for a House of Representatives and the comme suit:- 305 membres élus au system nine-year term, elected by local House of Councillors. (...) niveau des circonscriptions No preference Electoral Law no.27- councils (162 seats), électorales locales (…);- 90 11 of 14 October professional chambers (91 Article 62 Members of the House membres élus au titre d'une 2011 seats) and wage-earners (27 of Representatives shall be elected circonscription électorale nationale Articles 1, 77 & 84 seats). by direct universal suffrage for a (…).Le scrutin a lieu à la five-year term. (...) représentation proportionnelle Chamber of suivant la règle du plus fort reste Representatives: sans panachage ni vote préférentiel. Proportional system (...) 395 members elected for a five-year term, 295 elected in Article 77 L'opération de vote se multi-seat constituencies and déroule comme suit:(...) - muni du 60 in national lists consisting bulletin de vote, l'électeur pénètre Morocco only of women. Closed party- dans l'isoloir et met, selon son choix, list system applying the rule of l'indication de son vote à l'endroit the highest average without réservé à la liste ou au candidat vote-splitting or preferential au niveau de la circonscription votes. A 6-per-cent threshold électorale locale et une autre applies for the 305 seats filled indication de vote au titre de la through electoral districts.A 3- circonscription électorale nationale per-cent threshold applies to 90 et plie ce bulletin, avant de quitter seats filled by a national list (60 l'isoloir; (...) reserved for women and 30 for young people under 40 years Article 84(...) La répartition des old). Remark: Le quotient sièges entre les listes s'effectue au électoral est celui obtenu moyen du quotient électoral et nécessairement en divisant le ensuite aux plus forts restes et ce, en nombre des suffrages attribuant les sièges restants aux exprimés par celui des sièges. listes ayant obtenu les chiffres les plus proches dudit quotient. (...)

Constitution Proportional system Constitution d'Hondt formula Open Party List system One preference Article 53 Article 53 One preference House of Representatives 1. The members of both Houses Residual seats: largest remainder, A voter is permitted to Election Act as of Proportional system shall be elected by proportional Hare formula Additional remarks: select one particular Netherlands 12 November 2013 Directly elected 150. 18 multi- representation within the limits to Eerste Kamer: Voters candidate from a party list containing new member constituencies be laid down by Act of Parliament. Election Act must cast preference provisions 2. Elections shall be by secret Chapter J - Voting votes. List order does not Election Act governing the Senate ballot. Section J 2 change unless a Tweede Kamer CDL(2014)058 - 104 -

franchise and Proportional system In each electoral district votes candidate has achieved Section P 15 elections Indirectly elected 75. 12 Election Act shall be cast for the candidates 50 percent of one quota, 1. Candidates who have Sections C1, Article provincial councils. Party-list Section C 1 (amended on 1 whose names appear on the lists which is defined as a list's obtained a number of votes J2 & all P system with proportional December 2013) of candidates declared valid for vote share divided by its exceeding 25% of the In particular, Articles representation. Seats are 1. Members of the House of that electoral district. seat share. electoral quota on the joint 3, 5, 11 & 15 distributed at the national level Representatives shall be elected lists on which they appear among different lists or groups for a term of four years. Chapter P - Determination of the Tweede Kamer: Voters shall be elected in the Latest amendment of lists which have obtained at 2. They shall retire simultaneously election result by the central must cast preference order of the number of (no English least 0.67% of the nationwide on a date to be determined by the electoral committee votes. List order does not votes cast for them, translation available): vote, each being awarded as President of the House of § 2 The allocation of seats change unless a provided sufficient seats 1 July 2014 many seats as the number of Representatives, on the Thursday Section P3 candidate has achieved have been awarded to the times the votes for its between 23 and 29 March. A group of lists as referred to in 25 percent of one quota, relevant group of lists, or candidates is the multiple of an section H 11, subsection 2 shall, for which is defined as sum the list not being part of a established national quota (the the purposes of determining the of the total votes cast for group of lists. If the total of valid votes in the number of seats to be allocated to it, all the lists divided by the numbers are the same, the country divided by the number be treated as a single list with a total number of seats to be matter shall if necessary be of seats (150) to be filled). vote equal to the sum of the total allocated (150). decided by lot. (...) Within each list, seats are then votes cast for the lists comprising the allocated among candidates group. Eerste Kamer according to the order in which Article U 15 they appear on the list. Section P 5 1. The candidates elected 1. The central electoral committee shall be those on the list shall divide the sum of the total designated for this purpose votes cast for all the lists by the by applying articles P 15 to number of seats to be allocated. P 18 and article P 19a 2. The quotient thus obtained shall mutatis mutandis. be known as the electoral quota. 2. The candidates shall be arranged in order in Article P 6 accordance with the A seat shall be awarded to a list as provisions of article P19. many times as the total vote for that 3. Notwithstanding article P list contains the electoral quota. 15, subsection 1, and article P 19, subsection 2, Article P 7 candidates who have 1. If the number of seats to be obtained a number of votes allocated is nineteen or more, the exceeding or equal to the remaining seats, known as residual electoral quota on the joint seats, shall be awarded sequentially lists on which they appear to the lists which, after the award of shall be elected or the seat, have the highest average arranged in order of the number of votes per seat awarded. If number of votes cast for averages are the same, the matter them. shall be decided by lot. - 105 - CDL(2014)058

2. If the election is to the House of Representatives, lists with a total vote lower than the electoral quota shall not be eligible for seats awarded in this way.

Section P 11 1. The division of the seats awarded to a combined list among the lists which have been combined shall be effected as follows. 2. The central electoral committee shall divide the total vote cast for the combined list by the number of seats awarded to the combined list. 3. The quotient thus obtained shall be known as the combination electoral quota. 4. A seat awarded to the combined list shall be awarded to each of the lists comprising the combination as many times as the total vote cast for the relevant list contains the combination electoral quota. 5. The residual seats shall be awarded sequentially to the lists in the combination whose total votes have the highest remainder when divided by the combination electoral quota. Lists which have no remainder shall be deemed for this purpose to be the lists with the lowest remainder. If remainders are the same, the matter shall be decided by lot.

CDL(2014)058 - 106 -

Constitution Articles Proportional system Constitution Modified Sainte-Laguë formula Open Party List system Several preferences 54, 57 & 59 Directly elected 169. 19 multi- Article 54 The elections shall be Several preferences member (3 to 17 seats) held every fourth year. (...) Constitution Intraparty preference Representation of constituencies corresponding Article 59 The election of Additional remarks choice is provided. Voters the People Act, to Norway's 19 counties. Of the Article 57 The number of representatives of constituencies is Voters may reorder or arepermitted to propose a 2003 as amended 169 members returned, 150 representatives to be elected to the based on proportional representation cross out candidates on a reordering of the on 24 June 2013 are elected as constituency Storting shall be one hundred and and the seats are distributed among party list.Proportional: candidates – in order to Article 7-2. representatives while 19 (one sixty -nine. The Realm is divided the political parties in accordance Party-list system, with express their preference for seat from each constituency) into nineteen constituencies. One with the following rules. The total proportional distribution of specific representatives. are elected as "members at hundred and fifty of the number of votes cast for each party seats according to the However, unless their large". representatives to the Storting are within each separate constituency is modified Sainte- Laguë reordering is matched by elected as representatives of divided by 1.4, 3, 5, 7 and so on method. Of the 169 more than 50 percent of constituencies and the remaining until the number of votes cast is members returned, 150 those who also voted for nineteen representatives are divided as many times as the are elected as the same list, a different elected as members at large.Each number of seats that the party in constituency candidate ranking is constituency shall have one seat at question may be expected to obtain. representatives while 19 unlikely large. (...) The party which in accordance with (one seat from each the foregoing obtains the largest constituency) are elected quotient is allotted the first seat, while as "members at large". the second seat is allotted to the party with the second largest Norway quotient, and so on until all the seats are distributed. List alliances are not permitted.The seats at large are distributed among the parties taking part in such distribution on the basis of the relation between the total number of votes cast for the individual parties in the entire Realm in order to achieve the highest possible degree of proportionality among the parties. The total number of seats in the Storting to be held by each party is determined by applying the rules concerning the distribution of constituency seats correspondingly to the entire Realm and to the parties taking part in the distribution of the seats at large. The parties are then allotted so many seats at large that these, together with the constituency seats already allotted, correspond to the number of - 107 - CDL(2014)058

seats in the Storting to which the party in question is entitled in accordance with the foregoing. If a party has already through the distribution of constituency seats obtained a greater number of seats than it is entitled to in accordance with the foregoing, a new distribution of the seats at large shall be carried out exclusively among the other parties, in such a way that no account is taken of the number of votes cast for and constituency seats obtained by the said party.No party may be allotted a seat at large unless it has received at least four per cent of the total number of votes cast in the entire Realm. (...)

Political Proportional system Constitution Modified d'Hondt formula Open Party List system Several preferences (2) Constitution of Peru Directly elected 130. 25 multi- Article 90 Several preferences (2) Article 90 member constituencies Legislative power is vested in the Electoral Law (in Spanish) Ley Nº 28360 Parlamento Congress, which consists of single Artículo 30º Andino LEY ORGÁNICA chamber. Para Elecciones de Representantes Artículo 1. Elección de DE ELECCIONES The number of members of al Congreso de la República, la Cifra representantes Articles 20, 21 & 29- Congress is one hundred and Repartidora se establece bajo las Los representantes 31 thirty. The Congress of the normas siguientes: peruanos ante el Republic is elected for a period of a. Se determina el número de votos Parlamento Andino se Electoral Law No. five years through an organized válidos obtenidos por cada lista de eligen de manera directa, 26859 as amended electoral process under the law(...). candidatos; universal, libre y secreta, by Law N°29403 of 8 b. El total de votos válidos obtenidos en número de cinco (5) Peru September 2009 Electoral Law (in Spanish) por cada lista se divide, titulares y dos (2) suplentes Artículo 20º sucesivamente, entre 1, entre 2, por cada uno de ellos Ley Nº 28360, de Las Elecciones para Congresistas entre 3, etc. según sea el número calificados como primer y Elecciones de se realizan conjuntamente con las total de Congresistas que segundo suplente que los Representantes elecciones para Presidente y corresponda elegir; suplirán en ese orden en ante el Parlamento Vicepresidentes de la República. c. Los cuocientes parciales caso de ausencia o Andino Para acceder al procedimiento de obtenidos son colocados en orden impedimento. distribución de escaños del sucesivo de mayor a menor, hasta Los partidos políticos Congreso de la República se tener un número de cuocientes igual presentarán una lista de requiere haber alcanzado al al número de los Congresistas por quince (15) candidatos, en menos seis (6) representantes al elegir; el cuociente que ocupe el número correlativo que Congreso en más de una último lugar constituye la Cifra indique la posición de los CDL(2014)058 - 108 -

circunscripción electoral, es decir Repartidora; candidatos al Parlamento cinco por ciento (5%) del número d. El total de votos válidos de cada Andino, entre los cuales legal de sus miembros o haber lista se divide entre la Cifra serán electos como alcanzado al menos el cinco por Repartidora, para establecer el miembros titulares y ciento (5%) de los votos válidos a número de Congresistas que suplentes según el orden nivel nacional. corresponda a cada una de ellas; conforme al voto Texto conforme al artículo 1° de la e. El número de Congresistas de preferencial. Ley Nº 28617 publicada el 29-10- cada lista está definido por la parte Esta elección es por distrito 2005 entera del cuociente obtenido a que único y cifra repartidora, se refiere el inciso anterior. En caso por el período Artículo 21 de no alcanzarse el número total de constitucional previsto para Los congresistas de la República Congresistas previstos, se adiciona Presidente, son elegidos mediante sufragio la unidad a quien tenga mayor parte Vicepresidentes y directo, secreto y obligatorio. decimal; y, Congresistas de la La elección de congresistas, a que f. El caso de empate se decide por República. se refiere el artículo 90 de la sorteo entre los que hubieran Para acceder al Constitución Política del Perú, se obtenido igual votación. procedimiento de realiza mediante el sistema del distribución de escaños al Distrito Electoral Múltiple aplicando Parlamento Andino se el método de la cifra repartidora, requiere haber alcanzado con doble voto preferencial al menos el cinco por opcional, excepto en los distritos ciento (5%) de los votos electorales donde se elige menos válidos a nivel nacional. de dos (2) congresistas, en cuyo caso hay un solo voto preferencial opcional. Electoral Law Para efectos del segundo párrafo, Artículo 31º el territorio de la República se El nuevo orden de los divide en veintiséis (26) distritos resultados se determina electorales, uno por el número de votos (1) por cada departamento, y los válidos obtenidos por cada distritos restantes candidato dentro de su correspondientes a Lima lista. Se colocan en forma Provincias y a la Provincia sucesiva de mayor a Constitucional del Callao. Los menor en cada una de las electores residentes en el listas. De esta manera se extranjero son considerados dentro obtiene el orden del Distrito Electoral de Lima. definitivo de colocación El Jurado Nacional de Elecciones de cada candidato en su (JNE) asigna a cada distrito lista. electoral un escaño y distribuye los Siguiendo el nuevo orden, demás escaños en forma son elegidos Congresistas proporcional al número de en número igual al - 109 - CDL(2014)058

electores que existe en cada obtenido según lo descrito distrito. en el artículo anterior. Artículo modificado por el Artículo Los casos de empate entre 2 de la Ley N° 29403, publicada el los integrantes de una lista 08-09-2009 se resuelven por sorteo.

Artículo 29º El Método de la Cifra Repartidora tiene por objeto propiciar la representación de las minorías.

Constitution Articles Mixed system Constitution d'Hondt formula Open Party List system One preference 95-98 Article 95 One preference Senate: 1. Legislative power in the Republic Election Code The voter is permitted to Election Code as of Majoritarian system of Poland shall be exercised by the Article 227§ 1 The voter shall vote Additional remarks: select one particular 5 January 2011 Directly elected 100. 100 Sejm and the Senate. (...) for only one list of candidates, electors are required to candidate from a party list. Articles 192-193, single-member constituencies. putting an "x" (two crossing lines cast a preferential vote 196-198, 202, 227 & Article 961. The Sejm shall be within the grid) on the ballot for the candidate of their Election Code 232-233 Sejm: composed of 460 Deputies. paper, in the box on the left side choice. All preferential Article 233§ 1 Mandates Proportional system 2. Elections to the Sejm shall be next to the names of one of the votes are tabulated as obtained by a list of Directly elected 460. 41 multi- universal, equal, direct and candidates from this list, which votes for the candidate's candidates are assigned in member (7-19 seats) proportional and shall be indicates this candidates priority party. order of the number of constituencies, a total of 460 conducted by secret ballot.Article in obtaining the mandate. (...) votes received.§ 2 If two seats. At least 35 per cent of 97 or more candidates receive candidates on party lists must 1. The Senate shall be composed Article 232 an equal number of votes be women and another 35 per of 100 Senators. § 1 Upon receipt of the notice entitling each of them to cent men. There are thresholds 2. Elections to the Senate shall be referred to in art. 231 § 2, the district obtain a mandate from the Poland for participation in allocation of universal, direct and shall be electoral commission shall divide the list, priority is given to the seats: 5% of the total votes conducted by secret ballot. seats between the eligible list of candidate who received a cast for party list; 8% for a candidates in the following manner: greater number of votesin coalition list. National minorities' Article 98 1) the number of valid votes cast for circuits, and if the number lists are exempt from 1. The Sejm and the Senate shall each of these lists in the constituency of these circuits were to be thresholds requirements be chosen each for a 4-year term is divided by the numbers: 1, 2, 3, equal, priority shall be of office. (...) 4 and so forth until all the numbers resolved by conducting a from the resulting quotients can be lottery draw by the Election Code enough to rank the largest sequence chairperson of the district Article 19 of numbers, that amounts to the electoral commission, in 2 Elections to the Sejm shall be number of seats to be allocated the presenceof committee universal, equal, direct and between the lists in a constituency; members and the legal proportional and shall be 2) each list shall receive the number representative; the conducted through a secret vote. of mandates, based on the above absence of the legal established process of ranking the representatives does not Article 193 §1 460 deputies are largest sequence of numbers, which hinder the draw being CDL(2014)058 - 110 -

elected to the Sejm from the lists of is equivalent to the number of the conducted. The result of candidates for deputies in the highest sequence of numbers. the lottery shall be recorded multimember electoral § 2 If several lists obtained quotients in the protocol of the constituencies. (...) equal to the last figure of the election results.§ 3 The numbers ranked in the specified procedures for conducting Article 196 manner, and there are more lists the lottery referred to in §2, §1 In the process of distribution of than seats to be allocated, priority is shall be determined by the seats in the constituencies only the given to lists in the order of the total National Electoral lists of candidates for deputies of number of votes cast on them. If two Commission. the electoral committees whose or more list were given an equal lists at least 5% of valid votes in the number of votes, the priority shall be country, shall be taken into decided based on the number of account. electoral circuits in where a given list §2 Lists of candidates for deputies received most votes. of coalition electoral committees shall be included in the distribution of seats in constituencies where the list received at least 8% of the valid votes in the country.

Article 197 §1 Election committees established by members of registered voter organizations of national minorities can benefit from the exemption of their list from the condition referred to in art. 196 §1, if they submit a declaration to the National Electoral Commission on the matter no later than 5 days prior to the election. Along with the declaration referred to in the first sentence, the committee is obliged to submit a document of the appropriate management body of nationalminority organization attesting to the establishment of the committee by voters who are members of this organization. §2 The National Electoral Commission shall immediately acknowledge receipt of the declaration referred to in § 1. The - 111 - CDL(2014)058

acknowledgment is considered binding.

Article 198 If the condition specified in Article. 196 § 1 or 2 is not met by the list of candidates for any election committee members or any of these conditions is met by only one candidate of an election committee, the division of seats in electoral districts will include a list of candidates of election committees, which received at least 3% valid votes cast nationwide. Coalition lists of election committees will be included if they received at least 5% of the valid votes cast nationwide.

Article 202 § 1 The determination of the number of deputies elected in individual constituencies and regional division of constituencies shall be by way of norms on uniform standard of representation, calculated by dividing the number of inhabitants of the country by the total number of deputies selected for in constituencies, taking into account the provisions of Article. 201 and the following rules: 1) a fraction of the number of mandates of deputies elected in constituencies equal to or greater than 1 / 2, which arise from the application of a uniform standard of representation, shall berounded up to the nearest integer; 2) if the outcome of the proceedings referred to in paragraph 1, shall be that the CDL(2014)058 - 112 -

number of deputies elected in constituencies exceeds the number provided for by art. 193, the excess mandates are subtracted from the electoral districts in which the standard representation for the constituency is the smallest. Where the number of deputies is smaller than the number provided for in art. 193 additional seats are allocated to that election district in which the standard representation calculated for the constituency is the largest. § 2 Division into constituencies, their numbers and boundaries and the number of deputies elected in each constituency, as well as the registered office of the constituency electoral commissions is set out in Annex 1 of the Code. § 3 Information about the constituency shall be communicated to the voters of the electoral in the form of an official announcement of the National Electoral Commission no later than 52 days prior to election day. Printing and posting of notices is provided by the National Election Office.

Constitution Proportional system Constitution d'Hondt formula Closed Party List No preference Articles 114, 147-149 Article 114 system & 151 Directly elected 230. 22 multi- 1. Political parties shall hold seats Constitution No preference Electoral Law member constituencies. Each in the bodies that are elected by Article 149 Article 15 - Organisation Assembly of the list must bear as many names universal, direct suffrage in 1. Members shall be elected for of lists Portugal Republic Electoral as there are seats to be filled in accordance with their proportion of constituencies that shall be 1. The lists that are put Law, Law no. 14/79 the constituency. Electors may election results. geographically defined by law. The forward for election must of 16 May 1979 as only vote for one list. According 2. Minorities shall possess the right law may create plurinominal and contain the names of the amended on 30 to Article 15 of Law no. 14/79, to democratic opposition, as laid uninominal constituencies and lay same number of effective November 2011 as amended, "the number of down by this Constitution and the down the nature and candidates as there are Articles 15-17 effective candidates in the lists law. complementarity thereof, all in such a seats attributed to the - 113 - CDL(2014)058

proposed for the election must 3. Political parties that hold seats in way as to ensure that votes are constituency to which they equal the number of seats the Assembly of the Republic and converted into seats in accordance refer, and of a number of allocated to the constituency do not form part of the Government with the proportional representation substitute candidates that referred to in the lists, with no shall particularly possess the right system and using d’Hondt’s may not be less than two or fewer than two, and no more to be regularly and directly highest-average rule. (...) greater than the number of than five alternate candidates". informed by the Government as to effective candidates and the situation and progress of the Electoral Law may not exceed five. main matters of public interest. Article 16 - Election criterion 2. The candidates on Political parties that hold seats in Votes are converted into seats each list shall be the Legislative Assemblies of the according to the Hondt proportional considered to be ordered autonomous regions or in any representation method, complying in the same sequence as other directly elected assemblies with the following rules: that set out in the shall possess the same right in a) The number of votes received for respective declaration of relation to the respective executive, each list is counted separately in the nomination. in the event that they do not form respective constituency; part thereof. b) The number of votes counted for Article 17 - Distribution of each list is divided, successively, by places within lists Article 147 1, 2, 3, 4, 5, etc, and the quotients 1. Within each list the seats The Assembly of the Republic is are sorted in a descending order, shall be awarded to the the assembly that represents all forming a series with as many terms candidates in accordance Portuguese citizens. as the number of seats allocated to with the order of the respective constituency; precedence laid down in Article 148 c) Seats are attributed to the lists Article 15(2). The Assembly of the Republic shall corresponding to the terms of the 2. In cases of the death of a possess a minimum of one series established according to the candidate or an illness that hundred and eighty and a previous rule, each list receiving the causes a physical or maximum of two hundred and thirty number of seats corresponding to psychological impossibility, Members, as laid down by electoral the number of terms in the series; the seat shall be awarded law. d) If there is just one seat left to to the next candidate under distribute, and the next terms of the the aforesaid order of Article 149 series are equal and belong to precedence. 1. Members shall be elected for different lists, the seat is attributed to 3. The existence of an constituencies that shall be the list that has the least number of incompatibility between the geographically defined by law. The votes. functions performed by a law may create plurinominal and candidate and his exercise uninominal constituencies and lay of the office of Member of down the nature and the Assembly of the complementarity thereof, all in such Republic shall not prevent a way as to ensure that votes are the award of a seat. converted into seats in accordance with the proportional representation system and using d’Hondt’s highest-average rule. CDL(2014)058 - 114 -

2. With the exception of the national constituency, if any, the number of Members for each plurinominal constituency in Portuguese territory shall be proportional to the number of citizens registered to vote therein.

Article 151 1. Nominations shall be submitted by political parties as laid down by law. Parties may submit such nominations individually or in coalition and their lists of candidates may include citizens who are not registered members of any of the parties in question. 2. No one shall be a candidate for more than one constituency of the same nature, with the exception of the national constituency, if any. No one may appear on more than one list.

Article 152 1. The law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast. 2. Members shall represent the whole country and not the constituencies for which they are elected.

- 115 - CDL(2014)058

Constitution Articles Combined system Constitution d'Hondt formula For the proportional No preference 61-63 Article 61 component: Closed Chamber of Deputies (1) Parliament is the supreme Law on the Elections for the Party List system Law on the Elections for Law No. 35 of 13 Mixed system (mixed representative body of the Chamber of Deputies and the No preference the Chamber of Deputies March 2008 for the member proportional MMP) Romanian people and the sole Senate and the Senate Article election to the Each voter votes for a legislative authority of the country. Article 48(...) Additional remarks: 48(...) Chamber of candidate. 315 single-member (2) Parliament consists of the (6) The Central Electoral Bureau modified Mixed-member (7) The distribution of the Deputies and the constituencies; there is one Chamber of Deputies and the shall totalise, on the entire country, proportional mandates allocated on Senate Deputy for every 70,000 Senate. separately for the Chamber of representation. constituencies shall be Articles 5(1), 78 & 48 inhabitants. Deputies and the Senate, the made by the Central Amended in Article 62 neutralized votes and those inferior Electoral Bureau, as February 2014 Majority system: Candidates (1) The Chamber of Deputies and to the electoral coefficient of the follows:a) for each political Another who obtain over 50 per cent of the Senate shall be elected by constituency in all the constituencies, party, political alliance or amendment in the votes are elected. universal, equal, direct, secret and for each political party, political electoral alliance that March 2014 Proportional system: Votes free suffrage, in accordance with alliance or electoral alliance meeting meets the provision for unelected candidates are the electoral law. the provision stipulated in article 47 stipulated in article 47 (2), tallied nationally. The remaining (2) Organizations of citizens (2); the number of the votes thus they shall divide the seats are distributed among belonging to national minorities, obtained by each political party, number of the unused political parties in proportion of which fail to obtain the number of political alliance and electoral alliance votes and of those inferior their share of the vote. Seats votes for representation in shall be divided by 1, 2, 3, 4, etc., to the electoral coefficient are distributed firstly at the Parliament, have the right to one by making as many operations of of the constituency, in each Romania county level and then at the Deputy seat each, under the terms division as how many mandates constituency, by the total national level. In case the party of the electoral law. Citizens of a could not be allocated at thelevel of number of these validly is entitled to more seats than national minority are entitled to be the constituencies; the quotients cast votes for that political the number of remaining seats represented by one organization resulted from the division,calculated party, political alliance or in the same county, the only. with 8 decimals, regardless of the electoral alliance, remained number of seats in the given (3) The number of Deputies and electoral competitor from which they unused at national level. county will increase (Article 47 Senators shall be established by come, shall be classified in The result thus obtained for (15) of the Electoral law), the electoral law, in proportion to decreasing order, up to the number each constituency shall be thereby creating "overhang the population of Romania. of undistributed mandates; the multiplied by the number of seats". The threshold to win smallest of these quotients shall mandates due to the parliamentary representation is Article 63 constitute the electoral coefficient on political party, political 5 per cent for political parties (1) The Chamber of Deputies and the country for Deputies and, alliance or electoral contesting on their own. Parties the Senate shall be elected for a separately, for Senators; each alliance. The data obtained, which did not surpass the term of office of 4 years, which may electoral competitor having met the calculated with 8 decimals, threshold may still obtain be extended de jure in the event of provision stipulated in article 47 (2) shall be decreasingly parliamentary representation if a mobilization, war, siege, or shall be allocated as many mandates ordered at the level of the they win at least six emergency, until such event has of Deputy or, as appropriate, of country, and decreasingly, constituencies in the elections ceased to exist. (...) Senator, as how many times the separately, within each to the Chamber of Deputies or Law on the Elections for the electoral coefficient on the country is constituency. At two equal three in the elections to the Chamber of Deputies and the comprised in the total number of values, the separation shall Senate. The threshold for Senate validly cast votes for the political be made depending on the political alliance varies from Article 5 party, political alliance or the total number of validly cast CDL(2014)058 - 116 -

eight to ten per cent depending (1) Deputies and Senators shall be respective electoral alliance, votes and the total number on the number of parties elected by uninominal vote, resultedfrom totalising on the country of the unused votes or of comprised in the alliance: 8 per according to the principle of of the unused votes and of those those inferior to the cent for political alliances of two proportional representation, in inferior to the electoral coefficient of electoral coefficient at parties, 9 per cent for alliances uninominal colleges set up under the constituency (the complete part, constituency level. For of three parties, and 10 per the provisions of article 11. (...) not round). (...) each constituency they cent for alliances of four parties Article 78(...) shall take into account the or more. Reserved seats for Article 47(...) (3) Voters shall vote separately, in first political parties, political ethnic minorities: The (2) After the receipt of the minutes closed booths, by applying the alliances, or electoral organisations of citizens drawn up by the electoral bureaux stamp with the mention “Voted” alliances, within the limit of belonging to a national of the constituencies, according to inside the quadrilateral that the mandates remained to minority, which are legally article 46, the Central Electoral comprises the candidates’ list or be allocated in the established and do not win Bureau shall set the political the name of the independent respective constituency. parliamentary representation in parties, political alliances, electoral candidate he/she wishes to vote The last number of this either chamber, are entitled to alliances and organisations of for. (...) operation shall represent one seat each in the Chamber citizens belonging to national the distributing frame of the of Deputies on the condition minorities that meet the electoral respective constituency. that the organization obtains at threshold, separately for the Then they shall proceed least 10% of the average Chamber of Deputies and for the to the allocation of number of valid votes casted Senate. The electoral threshold mandates on for an elected Deputy. There is refers to the minimum needed constituencies in the no upper limit on the number of number of validly cast votes for the order of the political seats reserved for minority parliamentary representation or of parties, political organizations uninominal colleges in which the alliances, electoral Senate candidates of the political parties, alliances, as well as the Mixed system (mixed- political alliances, electoral constituencies in the list member proportional - MMP) alliances or organisations of ordered per country, 137 single-member citizens belonging to national thus: the first number in constituencies; there is one minorities have obtained the the list ordered per Senator for every 160,000 biggest number of validly cast country shall be divided inhabitantsEach voter votes for votes, calculated as follows:a) for by the distributing frame a candidate. Majority system: the Chamber of Deputies, 5% of of the constituency from The threshold to win the total of validly cast votes in all which it comes, resulting parliamentary representation is constituencies, for all political the number of mandates 160,000 votes. Candidates parties, political alliances, electoral due in the respective who obtain over 50 per cent of alliances and organisations of constituency. Further on, the votes are elected. citizens belonging to national they shall proceed Proportional system: Seats are minorities;b) for the Senate, 5% of identically with the following distributed firstly at the county the total number of the validly cast numbers in the list ordered level and then at the national votes in all constituencies, for all per country. If the number level. In case the party is political parties, political alliances, of mandates due to a entitled to more seats than the electoral alliances and political party, political number of remaining seats in organisations of citizens belonging alliance or electoral alliance - 117 - CDL(2014)058

the same county, the number to national minorities;c) for the or those in a constituency of seats in the given county will Chamber of Deputies and the comes to an end, the increase (Article 47 (15) of the Senate, by the cumulative operation shall be carried Electoral law), thereby creating fulfilment of the condition to obtain on without them. If the "overhang seats". 6 uninominal colleges for the number in the list ordered Chamber of Deputies and 3 per country is less than the uninominal colleges for the Senate, distributing frame of in which the candidates of the constituency, a mandate political parties, political alliances, shall be granted;b) if it is electoral alliances and impossible to grant organisations of citizens belonging mandates in the order to national minorities are situated resulting from the on the first place, in the order of the implementation of the number of validly cast votes, even provisions of letter a), the if they have not met the terms Central Electoral Bureau stipulated at letters a) or b);d) in the shall have in view the case of the political alliances and constituency in which the electoral alliances, to the threshold political party, political of 5% stipulated at letters a) and b) alliance or electoral alliance they shall add, for the second has the largest number of member of the alliance, 3% of the candidates, and if in this validly cast votes in all the case there still remained constituencies and, for each undistributed mandates on member of the alliance, beginning constituencies, the with the third one, one percentage constituency in which the of the validly cast votes in all the respective political party, constituencies, without exceeding political alliance or electoral 10% of these votes. (...) alliance has the largest (4) The electoral coefficient at number of unused votes or national level shall be set by votes inferior to the dividing the total number of validly electoral coefficient of cast votes for the election to the constituency;c) if after the Chamber of Deputies in all implementation of the constituencies, obtained by the provisions of letters a) and political parties, organisations of b) there still remained citizens belonging to national mandates undistributed on minorities, political alliances, constituencies, the Central electoral alliances, by the total Electoral Bureau shall set number of uninominal colleges set them based on the up for the election to the Chamber agreement of the political of Deputies. The organisation of parties, political alliances or citizens belonging to the national electoral alliances to which minority having obtained at least these mandates are due, CDL(2014)058 - 118 -

10% of the electoral coefficient according to paragraph (4), shall be entitled to representation. and in the absence of an They shall declare as elected the agreement, by drawing lots, representative of the organisation within 24 hours of the of citizens belonging to the national termination of the previous minority having obtained the operations. largest number of votes. (...) Article 66(...) 6. The spreading of the mandates distributed by the constituencies shall be made by the Central Electoral Commission as follows:a) For each party, political formation or their coalition, which shall have received mandates according to paragraph (5), the number of unused votes or of those lower than the constituency coefficient, from each constituency, shall be divided by the total number of votes validly expressed for that party, political formation or coalition considered in distributing the mandates throughout the country.The result thus obtained for each constituency shall be multiplied by the number of mandates due to the party, political formation, or their coalition. The data obtained shall be classified in decreasing order at country level, and in separately decreasing order within the framework of each constituency.For each constituency, the first parties, political formations - 119 - CDL(2014)058

or their coalitions shall be taken into account within the limit of the mandates that have remained undistributed in the respective constituency. The last number in this operation shall represent the distributor of that constituency.The next step shall be the distribution of the mandates by constituencies in the order of the parties, political formations, their coalitions as well as of the constituencies on the ordered list for the entire country as follows: the first number from the ordered list for the whole country shall be divided by the distributor of the constituency from which it originates, resulting the number of mandates that are due to the respective constituency. The procedure shall be continued in the same way with the following numbers from the ordered list for the whole country.If the number of mandates due to a party, political formation, or their coalition from a constituency have been exhausted, the operation shall be continued without these.If the number from the ordered list for the whole country is less than the constituency distributor, CDL(2014)058 - 120 -

a mandate shall be granted.b) if it is impossible to grant mandates in the order resulting from the implementation of the provisions of letter a), the Central Electoral Bureau shall have in view the constituency in which the political party, political alliance or electoral alliance has the largest number of candidates, and if in this case there still remained undistributed mandates on constituencies,the constituency in which the respective political party, political alliance or electoral alliance has the largest number of unused votes or votes inferior to the electoral coefficient of constituency;c) if after the implementation of the provisions of letters a) and b) there still remained mandates undistributed on constituencies, the Central Electoral Bureau shall set them based on the agreement of the political parties, political alliances or electoral alliances to which these mandates are due, according to paragraph (4), and in the absence of an agreement, by drawing lots, within 24 hours of the termination of the previous operations. (...)

- 121 - CDL(2014)058

Constitution Federation Council : Constitution Hare formula State Duma: No preference Articles 95 & 96 Indirect election Article 95 Closed Party List Appointed 166: 89 multi- 1. The Federal Assembly consists Federal Law on the Election of system Federal Law on the Federal Law on the member (2 seats) of two chambers - the Council of Deputies of the State Duma of the No preference Election of Deputies of Election of Deputies constituencies corresponding the Federation and the State Federal Assembly of the Russian the State Duma of the of the State Duma to the constituent members Duma. (...) Federation Federal Assembly of the of the Federal (federal territorial units) of the 3. The State Duma consists of 450 Russian Federation Assembly of the Russian Federation. In each, deputies. Article 75. Voting Procedure Article 83 - Methodology Russian Federation two members are appointed by (...) 8. A voter shall vote by putting of Proportional as amended on 12 the legislature and executive of Article 96 any mark in the box Distribution of Deputy July 2006, last the republic or region 1. The State Duma shall be elected corresponding to the federal list of Seats amended on 2 April concerned for a term of five years. (...) candidates chosen by the voter. (...) 4. After distribution of 2014 (...) deputy seats carried out in Articles 3, 75, 83 & State Duma: Federal Law on the Election of accordance with Clause 3 84.5 Proportional system Deputies of the State Duma of Article 83 - Methodology of of this Article, deputy seats Directly elected 450: one the Federal Assembly of the Proportional Distribution of shall be distributed inside nationwide constituency for 450 Russian Federation as amended Deputy Seats each federal list of seats on July 12, 2006 1. The Central Election Commission candidates between Article 3 of the Russian Federation shall regional groups of 1. Under the Constitution of the calculate the sum of votes cast by candidates and the all- Russian Federation 450 deputies voters for the federal lists of federal part of the federal Russian shall be elected to the State Duma candidates, included in the list (if any). First, deputy Federation of the Federal Assembly of the distribution of deputy seats, in seats shall be provided to Russian Federation (hereafter - accordance with the rules set forth in registered candidates the State Duma). Clauses 7 - 9, Article 82 of this included in the all-federal 2. Deputies of the State Duma Federal Law. This sum of votes shall part of the federal list of shall be elected in the federal be divided by 450 - the number of candidates, in the electoral district in proportion to the deputy seats to be distributed in the sequence of their number of votes cast for the federal federal electoral district. In case placement in this list. lists of candidates for the State deputy seats are provided to the 5. If, after deputy seats Duma (...). federal list of candidates in were provided to registered accordance with Article 82.1 of this candidates included in the Federal Law, the said sum of votes all-federal part of the is divided by the number of federal list of candidates, deputy seats remained after such there remain deputy seats provision. The result is the first due to the given federal list electoral quotient, which is used in of candidates, such deputy the distribution of deputy seats seats shall be distributed between the federal lists of inside the federal list of candidates. (...) candidates between the regional groups of candidates as follows. The sum of votes cast for the CDL(2014)058 - 122 -

federal list of candidates in the subjects of the Russian Federation (groups of subjects of the Russian Federation, parts of the territory of the subjects of the Russian Federation) to which the regional groups of candidates the federal list of candidates was divided into correspond plus the number of votes cast by voters residing outside the territory of the Russian Federation – if the political party takes a decision mentioned in Clause 9.1, Article 36 of this Federal Law (hereafter - votes cast for regional groups of candidates) shall be divided by the number of deputy seats which remain undistributed inside the federal list of candidates. The result of the division is the second electoral quotient of the given federal list of candidates. The number of votes cast for each regional group of candidates shall be divided by the second electoral quotient. In this case, if the political party takes a decision mentioned in Clause 9.1, Article 36 of this The Federal Law, the votes cast by voters residing outside the territory of the Russian Federation shall be deemed cast for the relevant regional group - 123 - CDL(2014)058

of candidates. The whole part of the number obtained as a result of such division represents the number of deputy seats to be received by the relevant regional group of candidates. If, after performance of the aforementioned actions, there remain undistributed deputy seats due to the given federal list of candidates, the regional groups of candidates, which have the largest fractional part of the number, obtained as a result of the division of the number of votes cast for each regional group of candidates by the second electoral quotient of the given federal list of candidates, shall each receive one of the undistributed deputy seats. In case the fractional parts are equal preference shall be given to the regional group of candidates which received a larger number of votes. In case if the number of votes of voters cast for regional groups of candidate, the number of such group is more than the number of deputy seats, the regional group of candidates that receives a deputy seat, is determined in accordance with the order of placement of regional groups in the CDL(2014)058 - 124 -

federal list of candidates. (...)

Law of 8 July 1974, Proportional with Majority 1974 Declaration on the Citizens’ D’Hondt formula Open Party List system Several preferences n. 59 (“Declaration premium Rights and Fundamental Several preferences of the rights of the Principles of San Marino Electoral Law Electoral Law citizens and of the (“Premio di stabilità”, see Constitutional Order Article 361. Il voto di lista si esprime Article 36(…) fundamental column E Article 40§10) Article 3(...) The Great and tracciando sulla scheda, con la 2. L’elettore può principles of the General Council, made up of 60 matita copiativa, un segno sul manifestare la preferenza Sammarinese legal Second round if majority of members, shall exercise the contrassegno corrispondente alla per un numero massimo order”), as modified voters or majority of seats legislative power, direct and control lista prescelta o nel rettangolo che lo di tre candidati in the last instance not won by a party or the Government policy.The racchiude. (…) appartenenti alla by the Law of 26 coalition at First round (see electoral law, passed by an listaprescelta. (…) February 2002, n. 36 Article 40§7) absolute majority, shall govern the Article 36bis1. L’elettore residente Article 36bis1. L’elettore (hereafter “1974 33 single or multi-member election, the causes of ineligibility all’estero può esprimere unicamente residente all’estero può Declaration of rights constituencies and disqualification, as well as the il voto di lista o di colazione. (…) esprimere unicamente il and principles”), incompatibilities of the Council’s voto di lista o di Article 3 members. A law passed by a Article 40 colazione.(…) qualified majority shall discipline 1. L’Ufficio Elettorale Centrale, (…) Law of 31 January the guarantees and responsibilities procede alle seguenti operazioni: Article 40 1996 no. 6 of such members.The Council’s somma i voti ottenuti da ciascuna 1. L’Ufficio Elettorale (“Electoral Law”), members shall be elected by lista e da ciascun candidato quali Centrale, (…) procede alle as modified in the universal and direct suffrage for the risultano dai verbali di tutti gli Uffici seguenti operazioni: San Marino last instance by the duration of the legislature. (...)The elettorali. somma i voti ottenuti da Qualified Law of 5 members of the Congress of State 2. L’operazione di cui al primo ciascuna lista e da ciascun August 2008 no. 1 shall be appointed by the Great comma determina la cifra elettorale candidato quali risultano Articles 9-10, 36, and General Council. (...) di ogni lista, il numero totale dei voti dai verbali di tutti gli Uffici 36bis & 40 di lista e la cifra individuale di ogni elettorali. Electoral Law candidato. 2. L’operazione di cui al Article 91. Il Consiglio Grande e 3. La cifra elettorale di ciascuna lista primo comma determina Generale è composto di sessanta è data dalla somma dei voti validi la cifra elettorale di ogni membri.2. Il Consiglio Grande e che quella lista ha ottenuto in tutte le lista, il numero totale dei Generale si rinnova nella sua sezioni elettorali. Essa serve di base voti di lista e la cifra totalità ogni cinque anni ovvero per determinare:- l’ammissione della individuale di ogni qualora:a) per qualsiasi causa lista alla distribuzione dei seggi;- il candidato.(…) venga a perdere trenta dei suoi numero dei seggi nel Consiglio 5. La cifra individuale di componenti;b) non approvi il Grande e Generale spettante a ciascun candidato è data programma di governo ovvero lo ciascuna lista. dalla cifra elettorale di lista approvi con il concorso 4. Ciascuna lista è ammessa alla sommata ai voti validi di determinante del voto di Consiglieri distribuzione dei seggi se ottiene una preferenza che quel non eletti nell’ambito della lista o cifra elettorale di lista pari o superiore candidato ha riportato in della coalizione di liste proclamata allo 0,4% moltiplicato per il numero di tutte le sezioni elettorali vincitrice delle elezioni ai sensi liste partecipanti, e fino al massimo come scrutinate dagli Uffici - 125 - CDL(2014)058

dell’articolo 40;c) non nomini i del 3,5%, del numero totale dei voti elettorali. La cifra Segretari di Stato ai sensi validi. (…) individuale determina la dell’articolo 1, comma terzo, della 6. L’Ufficio Elettorale Centrale graduatoria dei candidati Legge Qualificata 15 dicembre determina la cifra elettorale di all’interno della medesima 2005 n.184, ovvero li nomini con il coalizione che è data dalla somma:a) lista. A parità di cifra concorso determinante del voto di della cifra elettorale di ciascuna delle individuale la preferenza è Consiglieri non eletti liste appartenenti alla stessa determinata, nell’ordine, dai nell’ambitodella lista o della coalizione, comprese le liste non seguenti criteri:- candidato coalizione di liste proclamata ammesse alla distribuzione dei seggi di genere femminile;- vincitrice delle elezioni ai sensi ai sensi del quarto comma del maggior anzianità di dell’articolo 40.3. Nei casi previsti presente articolo;b) dei voti espressi presenza in Consiglio dal comma secondo, i Capitani solo alla coalizione senza Grande e Generale;- Reggenti sciolgono il Consiglio espressione del voto di lista ai sensi maggior età Grande e Generale e convocano i del primo comma dell’articolo 36. anagrafica.Guida pratica comizi elettorali per la nuova 7. L’Ufficio Elettorale Centrale divide alla norme in materia elezione ai sensi dell’articolo 3 il totale dei voti validi per 2 e elettorale (...) 10.2.2 Cifra della Legge Costituzionale 16 aumenta di 1 la cifra del quoziente individuale dei candidati dicembre 2005 n.185. eventualmente arrotondato per La cifra individuale di eccesso. Il risultato di tale ciascun candidato - data Article 10 operazione determina il numero dalla cifra elettorale di 1. Per l'elezione del Consiglio minimo di voti validi richiesto per lista cui appartiene quel Grande e Generale il corpo attribuire a una coalizione o a una candidato, sommata alle elettorale costituisce un collegio singola lista la vittoria elettorale. Nel preferenze che quel unico. caso in cui nessuna lista o coalizione candidato ha riportato in 2. L'elezione si svolge a scrutinio di di liste consegua il numero minimo di tutte le sezioni elettorali - lista con rappresentanza voti validi richiesto, la vittoria è determina la graduatoria proporzionale. attribuita alla lista o alla coalizione di dei candidati all’interno liste che, avendo conseguito il della lista. (...) maggior numero di voti, in base alle operazioni di cui al successivo nono comma consegue anche 30 (trenta) dei 60 (sessanta) quozienti validi. 8. Nel caso in cui nessuna lista o coalizione consegua il numero minimo di voti validi e neppure i 30 (trenta) quozienti di cui al comma che precede, la Reggenza indice, per la seconda domenica successiva, la votazione di ballottaggio alla quale partecipano le due liste o coalizioni di liste che hanno conseguito le cifre elettorali più alte. CDL(2014)058 - 126 -

9. Il risultato del primo turno determina l’assegnazione dei seggi a ciascuna lista e si procede sulla base delle seguenti disposizioni:- si escludono quelle liste non ammesse alla distribuzione dei seggi ai sensi del quarto comma del presente articolo;- si divide ciascuna cifra elettorale di lista, tra quelle ammesse alla distribuzione dei seggi ai sensi del quarto comma del presente articolo, successivamente per 1, 2, 3, 4 e così via fino a concorrenza del numero dei 60 (sessanta) membri del Consiglio Grande e Generale da eleggere;- si dispongono i quozienti così ottenuti in ordine decrescente dal più alto al più basso.10. Alla lista o alla coalizione di liste proclamata vincente per aver conseguito il numero minimo di voti di cui al settimo comma ovvero, subordinatamente, avendo conseguito il maggior numero di voti e i 30 maggiori quozienti, sono assegnati i seggi ad essa spettanti in Consiglio Grande e Generale in base alle operazioni di cui al nono comma. Se in base alle operazioni di cui al nono comma i seggi spettanti alla lista o alla coalizione di liste proclamata vincente risultano meno di 35, ad essa vengono assegnati, a titolo di premio di stabilità, tanti seggi aggiuntivi rispetto a quelli spettanti quanti ne mancano al raggiungimento del numero di 35. I seggi aggiuntivi, attribuiti a titolo di premio di stabilità, sono quelli corrispondenti ai quozienti utili più bassi ottenuti in base alle operazioni di cui al nono comma; tali seggi sono da sottrarre a quelle liste che non - 127 - CDL(2014)058

siano la lista vincitrice o non appartengano alla coalizione di liste proclamata vincente, a partire dai quozienti utili più bassi. Se ad una lista spettano più seggi di quanti siano i suoi candidati, i seggi esuberanti sono attribuiti alle altre liste della medesima coalizione secondo l’ordine decrescente dei quozienti. Quelle rappresentanze consiliari che, per effetto della ridistribuzione dei seggi dovuta all’assegnazione del premio di stabilità, dovessero scendere sotto il numero minimo di tre Consiglieri, non perdono i benefici di finanziamento previsti dalla Legge 23 novembre 2005 n. 170. (…)

Constitution Proportional system Constitution d'Hondt formula Closed Party List No preference Articles 100 & 102 Directly elected 250. One Article 100 Constitution of the system nationwide constituency National Assembly Law on the election of members No preference Law on the election of Law on the election The National Assembly shall of the parliament members of the of members of the consist of 250 deputies, who are Article 80 parliament parliament as of elected on direct elections by Each electoral list shall be distributed Article 84 2011 secret ballot, in accordance with a number of mandates proportional Not later than 10 days from Articles 2-4, 80-82 & the Law. (...) to the number of votes won. the date of publishing of the 84 results of elections, the Article 102 Status of Deputies Article 81 Republic Electoral The term of office of the deputy Only those electoral lists that won at Commission shall distribute shall begin on the day of least 5% of votes out of the total all the mandates won by Serbia confirmation of terms of office in number of voters who have voted in election lists to the the National Assembly and last the electoral unit shall participate in candidates according to four years, that is until the expiry of distribution of mandates. their order on the terms of office of deputies of that Political parties of ethnic minorities electoral list, starting from session of the National Assembly. and coalitions of political parties of the first candidate on that ethnic minorities shall participate in list. Law on the election of members distribution of mandates even if they of the parliament won less than 5% of votes out of the Article 2 total number of voters who have The citizens shall elect the MPs on voted. the basis of free, universal, equal All the parties whose main objective and direct suffrage, by secret is to represent and advocate CDL(2014)058 - 128 -

ballot. interests of an ethnic minority, as well as to protect and improve the rights Article 3 of members of ethnic minorities, in The National Assembly of the accordance with standards set forth Republic of Serbia shall consist of by international law, shall be 250 members, elected for a period considered as political parties of of four years. ethnic minorities. The Republic Electoral Commission Article 4 shall decide, at the proclamation of The MPs shall be elected in the an electoral list, whether the Republic of Serbia, as a single submitter of the electoral list should electoral unit, on the basis of lists of be considered as political party of political parties, coalitions of ethnic minority or a coalition of parties, other political organizations political parties of ethnic minorities, at and lists submitted by the groups of the request of the submitter of the citizens (hereinafter referred to as: electoral list which must be made at “electoral list”). the time of electoral list submission. The mandates shall be distributed among the MPs in proportion to the Article 82 number of the votes received. The Republic Electoral Commission shall distribute the mandates by applying the highest quotient system. The mandates shall be distributed by dividing the total number of votes won by each individual electoral list by numbers from one to 250 inclusive. Thus calculated quotients are then sorted by size, and 250 largest quotients are taken into account. Each electoral list is distributed the number of mandates according to the number of such quotients it has. If two or more electoral lists get the same quotients on the basis of which a mandate is to be distributed, and there are no more mandates to be distributed, the mandate shall be distributed to that list which won higher total number of votes. If none of the electoral lists won at least 5% of the votes, distribution shall be done in the manner - 129 - CDL(2014)058

described in paragraphs 1 through 3 of this Article.

Constitution Articles Proportional system Constitution Hagenbach-Bischoff formula Open Party List system Several preferences 72-74 Directly elected 150. One Article 72 The National Council of Several preferences nationwide constituency. Each the Slovak Republic shall be the Act on Elections to the National Each elector can cast four Act No. 333 in the elector can cast four sole constitutional and legislative Council Additional remarks: preferential votes for Collection of Laws preferential votes for body of the Slovak Republic. Section 30 Voting(...) electors cast one vote for candidates with respect to of 13 May 2004 On candidates with respect to the (5) After receiving the ballot papers their preferred party. In the same list. Elections to the same list. The threshold Article 73 and an envelope, an elector shall go addition, they may cast National Council of requires every party (even (1) The National Council of the to a polling booth. In the polling up to four preferential Act on Elections to the the Slovak Republic listed in a coalition) to win 5% Slovak Republic consists of 150 booth, an elector shall place in the votes on the ballot. Seat National Council Sections 1, 30 & 42- of the national vote to gain Members of Parliament, elected for envelope one ballot paper. On the order is determined by Article 43 - Allocation of 43 parliamentary representation. a four-year period. ballot paper which an elector places the predetermined order seats(…) (2) The Members of Parliament are in the envelope, he or she may of candidates on the (5) The seats allocated to a representatives of the citizens. circle the number of not more party lists, updated by the political party or coalition They shall exercise their mandates than four candidates to which he count of preferential votes shall be allocated among individually and according to their or she gives preference. Other cast. its candidates in the order best conscience and conviction. No marks on the ballot paper shall not that they are stated on the orders bind them. be taken into account. (...) ballot paper. If any of the electors who cast a valid Article 74(1) The Members of Section 42 Conditions for vote for the political party or Parliament are elected by allocating seats coalition exercised the right Slovakia universal, equal and direct suffrage (1) The Central Electoral to a preferential vote, then by secret ballot. Commission shall establish how a seat shall be allocated many valid votes were cast for each firstly to a candidate who Act No. 333 in the Collection of political party or coalition. obtained preferential votes Laws Of 13 May 2004 On (2) The Central Electoral totalling not less than three Elections to the National Council Commission shall also establish:a) per cent of the sum of valid of the Slovak Republic Section which political parties obtained less votes cast for the political 1.Elections to the National Council than five per cent of the total number party or coalition. If the of the Slovak Republic shall be of votes cast;b) which coalitions political party or coalition is conducted on the basis of a consisting of two or three political allocated more seats and universal, equal and direct electoral parties obtained less than seven per has more candidates that franchise, by means of secret cent of the total number of votes fulfil the condition ballot, and in accordance with the cast; andc) which coalitions mentioned in the previous principle of proportional consisting of not fewer than four sentence, then these representation. political parties obtained less than candidates shall receive ten per cent of the total number of seats in the order of the votes cast. number of preferential (3) When further establishing the votes they received election results and allocating seats, beginning with the the Central Electoral Commission highest. If the number of CDL(2014)058 - 130 -

shall not take into account the preferential votes is the political parties or coalitions pursuant same, the allocation shall to subsection (2) nor the votes cast be decided by order on the for them. ballot paper. (...) (4) If the Central Electoral Commission establishes that the requirements pursuant to subsection (2) have not been fulfilled by any political party or coalition then it shall lower the thresholds as follows:a) for a political party, from five per cent to four per cent;b) for a coalition mentioned in subsection (2)(b), from seven per cent to six per cent; andc) for a coalition mentioned in subsection 2(c), from ten per cent to nine per cent;so that when further establishing the election results and allocating seats, it is possible to take into account not fewer than two political parties, or two coalitions, or one political party and one coalition.

Section 43 - Allocation of seats (1) The sum of valid votes cast for the proceeding political parties or coalitions shall be divided by the number 151 (the number of seats plus one). The result of this division rounded off to a whole number is the republic electoral number. (2) The sum of valid votes obtained by a political party or coalition shall be divided by the republic electoral number; a political party or coalition shall be allocated a number of seats equal to the number of times the republic electoral number divides into the sum of valid votes which it obtained. (3) In the event that there is allocated one seat more than should have - 131 - CDL(2014)058

been, the surplus seat shall be deducted from the political party or coalition which has the smallest remainder from the division. If remainders are equal, the seat shall be deducted from the political party or coalition which obtained the fewer number of votes. If the numbers of votes are equal, the deduction shall be decided by drawing lots. (4) In the event that not all seats are allocated or that a political party or coalition should be allocated more seats than it has candidates, then the Central Electoral Commission shall allocate such seats among other political parties or coalitions in order of their remainder from the division beginning with the highest. If remainders are equal, the seat shall be allocated to the political party or coalition which obtained the larger number of votes. If the numbers of votes are the equal, the allocation shall be decided by drawing lots. (5) The seats allocated to a political party or coalition shall be allocated among its candidates in the order that they are stated on the ballot paper. If any of the electors who cast a valid vote for the political party or coalition exercised the right to a preferential vote, then a seat shall be allocated firstly to a candidate who obtained preferential votes totalling not less than three per cent of the sum of valid votes cast for the political party or coalition. If the political party or coalition is allocated more seats and has more candidates that fulfil the condition mentioned in the previous sentence, then these candidates shall receive seats in the CDL(2014)058 - 132 -

order of the number of preferential votes they received beginning with the highest. If the number of preferential votes is the same, the allocation shall be decided by order on the ballot paper. (6) Candidates who were not allocated a seat shall become substitutes.

Constitution Mixed system Constitution Modified Hagenbach-Bischoff Closed Party List No preference Articles 80 & 81 Article 80 - Composition and formula system National council Election of the National Assembly No preference Articles 91 National Assembly Relative majority system The National Assembly is National Assembly Elections Act For each list of candidates, Elections Act as of 4 Indirectly elected 40: 22 composed of deputies of the Article 73 Additional remarks: the number of candidates October 2013 single-member constituencies citizens of Slovenia and comprises A voter may vote for only one Slovenia has been elected shall be equal to Articles 1, 30, 73, 89- for elections of the ninety deputies. candidate. A voter shall vote by applying Droop's quotient the number of seats given 93 & Note II representatives of local. There Deputies are elected by universal, encircling the serial number since 2000 when the to the list. are no constituencies for other equal, direct and secret voting. before the name of the candidate Constitutional Act Candidates from a list of interest groups. The elections One deputy of the Italian and one for whom he wishes to vote. amending Article 80 of candidates shall be elected of the representatives of deputy of the Hungarian national the Constitution was according to their share of functional interests are carried communities shall always be Article 90 adopted. Droop's quotient votes in the overall number out in electoral assemblies by elected to the National Assembly. The number of seats given to an is calculated by dividing of votes in an electoral electors, elected by interest The electoral system shall be individual list shall be determined by the total number of votes district or in the overall groups in accordance with their regulated by a law passed by the a quotient calculated by dividing the cast for all lists of number of votes in two rules. National Assembly by a two-thirds total number of votes given to all the candidates within a electoral districts. Slovenia majority vote of all deputies. lists of candidates in a constituency constituency (X) by the If two candidates received National Assembly Deputies, except for the deputies of by the number of deputies elected in number of deputies to be the same number of votes, Proportional system the national communities, are the constituency. The number of elected in such lots shall be drawn. Directly elected 90: 8 electoral elected according to the principle of votes given to a list shall be divided constituency, increased units each divided into 11 proportional representation with a by this quotient. The list shall be by 1 (11+1=12); after Article 93 single-seat constituencies (88 four-percent threshold required for given the number of seats equal to that, the quota thus (…) Notwithstanding the seats in all) special election to the National Assembly, the number of times the quotient calculated is increased by provision of the preceding constituencies for two with due consideration that voters divides into the number of votes for 1 according to the paragraph, not more than members, respectively have a decisive influence on the the list. following formula: X/12 + half the seats received by representing the Hungarian allocation of seats to the 1 the lists having the same and Italian minorities. candidates. Articles 91 nomination through Proportional representation For each list of candidates, the distribution at the national using the simple quotient and Article 81 - The Duration of Term number of candidates elected shall level shall be assigned to the preferential system with a of the National Assembly be equal to the number of seats the candidates from these threshold of a 4 per cent for 88 The term of the National Assembly given to the list. lists in the order members (simple majority shall be four years. (...) Candidates from a list of candidates determined by the preferential vote for the two shall be elected according to their proposer. (…) - 133 - CDL(2014)058

Deputies representing the National Assembly Elections Act share of votes in the overall number Italian and Hungarian Article 1 of votes in an electoral district or in communities). Regarding party Deputies of the National Assembly the overall number of votes in two lists, each sex must be shall be elected on the basis of electoral districts. represented by at least 35 per universal and equal suffrage in free If two candidates received the same cent of the total number of and direct elections by secret number of votes, lots shall be drawn. candidates on the list (a ballot. temporary provision set a 25- Article 92 per-cent quota applicable to Article 89 Seats, which were not distributed to both male and female The constituency electoral the constituencies in the manner candidates for the first elections commission shall determine, for described in the preceding Article, held in 2008). Lists containing each list of candidates: the total shall be distributed at the national only three candidates must number of votes cast for individual level on the basis of remaining votes, have at least one male and one candidates from the list in electoral given to lists having the same female candidate. Each voter districts; the share of votes of nomination, in two or more votes for a party-list or an individual candidates in the overall constituencies. individual candidate with number of votes cast in the For the distribution of these seats it indication of his/her choice electoral district; and the total shall first be determined how many of among the candidates number of votes given to the list in all 88 seats would be assigned to the constituency. lists having the same nomination, in If a candidate from a list of proportion to the number of votes candidates has received votes in given in all constituencies. This shall two electoral districts, the be determined on the basis of the constituency electoral commission highest quotients, which shall be shall determine his share of votes calculated by dividing the sums of in the overall number of votes cast votes, given to lists having the same in both electoral districts. nomination, in all constituencies by The electoral commission shall all numbers from 1 to 88 (the d'Hondt also determine the total number of system). votes cast for all lists of candidates Lists having the same nomination, to in a constituency. which, according to the quotients referred to in the preceding paragraph, would have not been assigned at least three seats, shall not be taken into account in the distribution of seats at the national level. The remainder of votes of lists having the same nomination, accounted for in the distribution of seats at the national level, shall be added up and divided by all numbers from one to the number of CDL(2014)058 - 134 -

undistributed seats (the d'Hondt system). Seats shall be given to the lists having the same nomination with the highest quotients. (see note (2) at the end of this Act)

Note II In the year 2000 and until the enforcement of the changes of the act, which regulates the elections into the National Assembly, the elections of the deputies into the National Assembly are implemented according to the National Assembly Elections Act (Official Gazette of the Republic of Slovenia, no. 44/92, 60/95, 67/97 – decision US), by taking into account that: - by the assignment of the seats, the lists of candidates, which have had less than four per cent of the votes in the whole country, are not taken into consideration; - by the assignment of the seats in a constituency, Droop’s quotient is used, according to Article 90 of this Act; - by the assignment of the seats on the national level, according to the Article 92 of this Act, the sums of the votes, given to the lists having the same nomination, lodged in two or more constituencies, are taken into consideration, by giving to the lists having the same nomination a number of seats equal to the difference between the number of seats, given by sums of the votes on the national level, and the number of seats, which they got in the constituencies; - by the assignment of the seats on the national level the second - 135 - CDL(2014)058

paragraph of the Article 93 of this Act does not apply.

Constitution Senate: Constitution d'Hondt formula Congress of Deputies: One preference Articles 66 & 68-69 Majoritarian, plurality, limited Article 66 Closed Party List vote 1. The Cortes Generales represent Law on Regime of General system Law on Regime of REPRESENTATION Directly elected Senators: 52 the Spanish people and consist of Elections One preference General Elections OF THE PEOPLE multi-member constituencies the Congress of Deputies and the Article 163(…) c) The INSTITUTIONAL corresponding to the country's Senate. (...) Article 162 number of votes polled by ACTText in force as provinces, plus Ceuta and 1. The Congress consists of three- each list shall be from 7 September Melilla. The provinces elect 4 Article 68 hundred fifty members (diputados). successively divided by 1, 2011 as revised in Senators each. In the case of 1. Congress consists of a minimum 2. Each province shall elect a 2, 3, etc. up to the number 2013 insular provinces, major islands of three hundred and a maximum minimum of two members, each of of seats to be filled in the Articles 162-163 & elect 3 Senators each while of four hundred deputies, elected the cities of Ceuta and Melilla being constituency, which shall 165-166 small islands elect 1 Senator by universal, free, equal, direct and represented by one member. form a similar table to the each. The autonomous cities of secret suffrage, under the terms to 3. The other two-hundred and forty- one shown below, and the Ceuta and Melilla elect 2 be laid down by the law. (...) eight members shall be distributed seats shall be allotted to the Senators each. 3. The election in each electoral among the provinces proportionally candidates or lists with the Indirectly elected district shall be conducted on the to their population, according to the biggest quotients in the Senators: each of the 17 basis of proportional following method:a) An allotment table, by descending Autonomous Communities representation. quota shall be obtained by dividing order.. (...) return one Senator, plus one 4. Congress is elected for four the total population of peninsular and more for each 1,000,000 years. (...) insular provinces into two-hundred Spain inhabitants, chosen by the and forty-eight.b) Each province shall legislative assembly of each Article 69 be allotted the number of members Community. 1. The Senate is the House of in round figures resulting from territorial representation. division of its population by said Congress of Deputies: 2. In each province, four Senators quota.c) The rest shall be allotted by Proportional system shall be elected by the voters assigning one number of each of the Directly elected 350: 50 multi- thereof by universal, free, equal, provinces whose quotient, as member (2 seats minimum per direct and secret suffrage, under obtained according to the foregoing province, the rest allotted the terms to be laid down by an paragraph, has a bigger decimal according to population) organic act. Art 166 of the Organic fraction. (...) constituencies corresponding General Electoral Law specifies to the country's provinces, 2 that, in the provinces, electors may Article 163 single-member constituencies vote for a maximum three 1. 1. The allotment of seats on the (North African enclaves of candidates. basis of the results of the counting Ceuta and Melilla) 3. In the insular provinces, each shall be effected under the following island or group of islands with a rules: Cabildo or insular Council shall be a) No account shall be taken of lists a constituency for the purpose of of candidates having polled less than electing Senators; there shall be 3 per 100 of the votes validly cast in three Senators for each of the the constituency. CDL(2014)058 - 136 -

major islands —Gran Canaria, b) The rest of lists shall be arranged Mallorca and Tenerife— and one in a column in descending order for each of the following islands or according to the number of votes groups of islands: Ibiza- obtained by each of them. Formentera, Menorca, c) The number of votes polled by Fuerteventura, Gomera, Hierro, each list shall be successively Lanzarote and La Palma. divided by 1, 2, 3, etc. up to the 4. The cities of Ceuta and Melilla number of seats to be filled in the shall elect two Senators each.(...) constituency, which shall form a 6. The Senate is elected for four similar table to the one shown below, years. (...) and the seats shall be allotted to the candidates or lists with the biggest quotients in the table, by descending order. (...) d) Should different lists have the same quotient in the table, the corresponding seat shall be allotted to the list having polled the largest number of votes; if two lists have the same number, the first tie shall be resolved by drawing lots and successive ones in alternate order. e) Seats allotted to each list shall be assigned to the candidates contained therein by the order in which they are entered. 2. In each of the constituencies of Ceuta and Melilla the seat shall be allotted to the candidate who has polled the largest number of votes. (...)

Article 165 1. Each provincial constituency shall elect four Senators. 2. Each insular constituency shall elect the following number of Senators: Gran Canaria, Malloraca and Tenerife three each; Ibiza- Formentera, Menorca, Fuerteventura, Gomera, Hierro and La Palma, one each. 3. The cities of Ceuta and Melilla - 137 - CDL(2014)058

shall elect two Senators each. 4. Self-governing Communities shall also appoint one Senator and a further Senator for each million inhabitants in their territory. The appointment shall be made by the respective Legislative Assembly in the manner provided for in the Self- governing Community’s Statute, which is to ensure in any case an adequate proportional representation. For the purposes of said appointment the precise number of senators for each Self-governing Community shall be determined on the basis of the population census in force on the date of the last election to the Senate.

Article 166 1. Direct election of Senators in provincial and insular constituencies and in the cities of Ceuta and Melilla shall be conducted as provided for in the following paragraphs:a) Electors may vote for a maximum three candidates in provincial constituencies, two in the islands of Gran Canaria, Mallorca, Tenerife, each of the cities of Ceuta and Melilla, and one in each of the other insular constituencies;b) Candidates having polled the highest number of votes assigned to the constituency shall be proclaimed up to the number of seats allotted to their constituency. (...)

CDL(2014)058 - 138 -

The Instrument of Proportional system Instrument of Government Modified Sainte-Laguë formula Open Party List system One Preference Government as of Chapter 3 Several preferences 2011 Directly elected 349: 29 multi- Article 1 Cf. also Chapter 3, Article 8 of the The voter casts a Chapter 3, Articles 1, member constituencies for 310 The Riksdag is appointed by Instrument of Government. Additional remarks: preference vote by marking 3 & 6-9 members (2 to 34 seats each; means of free, secret and direct Sweden uses open lists one of the candidates on the number of seats per elections. Electoral Law and utilises the ballot paper with a Electoral Law of constituency is revised at each Voting in such elections is by party, Chapter 7 apparentement between cross. Only one candidate 2005 with changes election based on the number with an option for the voter to Section 2 lists of the same party may be marked in 2010 of eligible voters), 1 other multi- express a personal preference (...) Voters who wish to cast a vote and constituency to form Chapter 7, Section 2 member constituency for 39 "at vote. (...) for a specific person shall, on the a cartel, a group of lists Electoral law Chapter 14, Sections large" seats . To be awarded a ballot paper, mark this in the that are legally allied for Chapter 14 3, 4, 5, 9 & 10 seat, a party must obtain either Article 3 special space for a personal vote purposes of seat Section 9 (changed 2010) at least 4 per cent of the votes Ordinary elections to the Riksdag shown beside the candidate that allocation. A single cast throughout the country or are held every four years. (...) they would prefer to see elected. preference vote may be In the first instance, the 12 per cent of the votes cast in If a voter enters a candidate on a indicated as well. order of candidates be shall a constituency. Votes are cast Article 6 ballot paper for a party that has not determine on the basis of for party lists, and electors may Of the seats in the Riksdag, 310 registered its party denomination or the amount of each also express specific are fixed constituency seats and 39 notified candidates according to candidate's number of preferences for individual are adjustment seats. (...) Chapter 2, the voter shall be deemed personal votes. The candidates. In such cases, the to have cast a personal vote for the number of personal votes required threshold for election Article 7 candidate. If several candidates shall be determined only for Sweden on the basis of personal votes The seats are distributed among have been entered on such a a candidate who has is 8 per cent of the total cast for parties. ballot paper, the voter shall be received specific personal the candidate's party in the Only parties which receive at least deemed to have cast a personal votes to at least 5 percent constituency concerned. For four per cent of the votes cast vote for the first candidate. of the party´s number of the 39 remaining ("at-large") throughout the Realm may share in votes in the constituency. seats: the remaining seats are the distribution of seats. A party Chapter 14 allotted by the system of full receiving fewer votes, however, Section 3 A number of personal votes proportional representation participates in the distribution of the The permanent constituency seats shall be determined on the based on the votes obtained fixed constituency seats in a shall for each constituency be basis of the specific votes nationwide; to be awarded a constituency in which it receives at distributed proportionally between cast for the candidate. seat, a party must obtain at least twelve per cent of the votes the parties that may participate in the Ballot papers on which a least 4 per cent of the votes cast. distribution. The distribution will be specific personal vote has cast throughout the country. made through a comparative number been cast shall be Article 8 being calculated for the parties on arranged in groups The fixed constituency seats in the basis of the election results in the according to party each constituency are distributed constituency. The party that on each denomination. Thereafter, proportionately among the parties calculation receives the greatest the number of personal on the basis of the election result in comparative number will be allocated votes for each candidate in that constituency. a seat. the group will be counted. The adjustment seats are The calculation shall be conducted A candidate's number of distributed among the parties in by applying the adjusted odd-number personal votes is such a way that the distribution of method. equivalent to the number of - 139 - CDL(2014)058

all the seats in the Riksdag, other This means that as long as a party personal votes that have than those fixed constituency seats has not yet been allocated any seat, been cast for the candidate which have been allocated to a the comparative number is under the same party party polling less than four per cent calculated through the party’s denomination. The of the national vote, is in proportion number of votes in the constituency candidate that has the to the total number of votes cast being divided by 1.4. When a party greatest number of throughout the Realm for the has obtained a seat, a new personal votes takes the respective parties participating in comparative number is calculated by first place in the order; the the distribution of seats. If, in the the party’s number of votes being candidate that has the distribution of the fixed divided by 3. Thereafter the second greatest number constituency seats, a party obtains process is continued in the same takes the second place and seats which exceed the number way by dividing the party’s so on according to the corresponding to the proportional number of votes with the same principle. Next in representation of that party in the immediately higher odd number taking second place and so Riksdag, then that party and the for each new seat allocated. on according to the same fixed constituency seats which it base. has obtained are disregarded in Section 4 distributing the adjustment seats. In order to determine how many Section 10 The adjustment seats are allocated seats a party should have in Cannot be a sufficient to constituencies after they have aggregate in the Riksdag in order to number of members been distributed among the parties. be proportionally represented in the appointed on the basis of a The odd-number method is used to whole of Sweden, the adjusted personal tie, the order distribute the seats among the oddnumber method shall be applied between the remaining parties, with the first divisor to the whole of Sweden as one candidates determined by adjusted to 1.4. constituency. Each party shall be comparative figures are allocated as many adjustment seats calculated as follows. Article 9 that are necessary for the party to be One member and one or more able to get representation as At first computation apply a alternates for that member shall be corresponds to its proportion of all ballot for the candidate who appointed for each seat a party valid votes in Sweden. stands first on the paper obtains. being disregarded from Section 5 candidates who have If a party on the distribution of the already taken place. Ballots permanent constituency seats has with the same first obtained more seats than are candidate form a group. necessary for it to be proportionally Each group's voting power represented in the Riksdag, the party is calculated. The number and the seats it has obtained shall be of votes equal to the ignored when distributing the number of ballot papers adjustment seats. This also applies that are included in the for a party and the seats that the group. The same numbers party obtained, if it obtained less than are also comparable 4 per cent of the votes in Sweden. figures for the candidate CDL(2014)058 - 140 -

Of the adjustment seats that a party who appears first on the has obtained, the first is added for group's ballots. The the constituency where the party candidate whose after the distribution of the permanent comparative greatest get constituency seats has a greater the first place in order. comparative number than in other constituencies. Each subsequent The remaining seats are added one computation a ballot for the after the other for the constituency candidate who stands first where the party for each time has the on the paper, but apart greatest comparative number upon from candidates who the continued application of the already got a place in the adjusted odd-number method on the scheme. The person or party’s number of votes group, whose ballot papers in the constituencies. However, in a at the previous calculation constituency where the party has not applied to the candidate obtained any permanent who got the spot in the constituency seat the comparative order, dissolve and number, when allocating the first organized into new groups seat, shall be equivalent to the so that the ballot papers in party’s number of votes. the current calculation for a single candidate to form a group. Other existing groups nevertheless retained unchanged. For each newly formed group counted the votes up. The number of votes equal to the number of ballot papers that are included in the group. For all candidates running in the calculation of votes calculated and comparative figures.

Number of votes for a candidate is equal to the number of votes for the group or the aggregate voting power of the groups whose ballot papers for the candidate. The comparative figure for a - 141 - CDL(2014)058

candidate is equal to the candidate's voting rights, unless the group of ballot papers for the candidate participated in filling a previously allocated place. If this is the case, get the candidate's comparative figures by the candidate's number of votes divided by the number that corresponds to the part group took in filling a place or places that were distributed (group number of places), increased by 1, or, if multiple groups of ballots that apply to candidate participated in filling previously allocated place, with these groups total number of places, plus the first location number for a group is calculated by the group's voting power is shared with the highest comparative figure for the calculation prior to the group's formation. For the candidate who already stood first on one ballot calculated new flat rate only for new ballots. Fraction arising from the division is calculated to 2 decimal places. The last decimal digit may not be increased.

The candidate whose comparative greatest get the next place in the order."

CDL(2014)058 - 142 -

Constitution Combined system Constitution Hagenbach-Bischoff formula For the proportional Several preferences Articles 143, 144, 145 Article 143 Eligibility component: Cross-voting / & 148-150 House of States: Every Swiss citizen entitled to vote Federal Act on Political Rights Open Party List Panachage Federal Act on Directly elected 46, (Cantonal is eligible for membership in the Article 34 Voting instructions The systemSeveral Political Rights of Law, see Art. 150 III BV) House of Representatives, the Federal Chancellery shall issue brief preferences Each elector can vote for a 17 December 1976 Federal Government, and the instructions on voting procedures Cross-voting / list as it stands or modify it (Status as of 1 Mostly majority system with Federal Supreme Court. prior to each general election, which Panachage by crossing out or January 2013) panachage are delivered along with the ballot repeating names appearing Articles 16, 17, 21-33, Directly elected 46: 20 multi- Article 145 Term of Office The papers to the persons eligible to vote Additional remarks: 194* on it; he can moreover split 34-35, 37, 40-43, 47 member (2 seats each) members of the House of in cantons with a system of (changed from 195) his vote between different & 50 constituencies representing the Representatives, the Federal proportional representation (Art. 33 members out of 200 are lists ("panachage") or cantons, 6 single-member Government, and the Chancellor of paragraph 2). elected through an open select names from different constituencies representing the Confederation shall be elected list proportional system lists in forming his own on a what were previously known as for four years. (...) Article 35 Completing the ballot using panachage: each blank ballot paper . half-cantons (Obwald, Nidwald, paper voter may either approve Basle-City, Basle-Country, Article 148 Status 1 Anyone who uses the ballot paper one of the lists as a The candidates of the other Appenzell Outer-Rhodes and (1) The Federal Parliament that is not pre-printed may enter the whole, or replace some lists take the vote, and the Appenzell Inner-Rhodes) exercises the highest authority in names of eligible candidates and add candidates with those of parties’ votes go to the list Exemption: Canton Jura: the Federation under reservation of the list designation or reference a different party-list.+ of the selected candidates. proportional system the rights of people and Cantons. number of an electoral list. cross-out+ cumulative (2) The Federal Parliament 2 Anyone who uses a pre-printed vote*The cantons which Article 43 Determining Switzerland National Council/House of consists of two chambers, the ballot paper may delete pre-printed are in respect of their the elected members and representatives: House of Representatives and the candidate names; they may enter the population entitled to their replacements Proportional system Senate; both chambers are names of candidates from other send one representative 1 On the basis of the 26 multi- or single-member coequal. electoral lists (splitting the vote). They only, therefore inevitably number of mandates constituencies corresponding may also delete the pre-printed have a majority system. obtained, those to the country's 26 cantons. Article 149 Composition and reference number and electoral list candidates from each list The number of seats per Election of the House of designation or replace the same with that have received the constituency varies according Representatives the number and designation of a highest number of votes to population. (1) The House of Representatives different list. shall be elected. Exemption: The cantons is composed of 200 3 They may enter the name of the 2 The candidates that are which are in respect of their representatives of the People. same candidate on the ballot paper not elected shall act as population entitled to send one (2) The representatives are elected twice (accumulating). replacement candidates in representative only (at the directly by the People according to the order of the number of moment six), therefore the system of proportional Article 37 Additional votes votes that they have inevitably have a majority representation. Every four years a 1 Where a ballot paper contains obtained. system. full renewal is proceeding. fewer valid votes for candidates than 3 Where two or more (3) Each Canton forms an election the number of seats in the National candidates have received district. Council allocated to the constituency, the same number of votes, (4) The seats are allocated among the lines that have not been their order of precedence the Cantons in proportion to their completed on the ballot paper count shall be decided by population. Each Canton has at as additional votes for the electoral drawing lots. least one seat. list whose designation or reference - 143 - CDL(2014)058

number is entered on the ballot Article 150 Composition and paper. In the absence of a Election of the Senate designation or reference number, or (1) The Senate consists of 46 if the ballot paper contains more than delegates of the Cantons. one of the eligible list designations or (2) The Cantons of Obwald, reference numbers, the uncompleted Nidwald, Basel-City, Basel-Land, lines are not counted (blank votes). Appenzell Outer-Rhodes and (...) Appenzell Inner-Rhodes elect one delegate each, the other Cantons Article 40 Initial allocation of elect two delegates. mandates to the electoral lists (3) The election into the Senate is 1 The number of valid party votes for regulated by the Canton.Federal all the electoral lists is divided by a Act on Political Rights number equivalent to the number of Article 16 Allocation of seats to mandates to be allocated plus one. the cantons To obtain the allocation number, the 1. The allocation of seats in the result is rounded up to the nearest National Council among the whole number, unless it is already a cantons is based on the figures for whole number, in which case it is the resident population obtained increased to the next highest whole from the register-related surveys number. carried out as part of the census in 2 Each electoral list shall be accordance with the Census Act of allocated as many mandates as the 22 June 200736 in the first number obtained by dividing the calendar year following the number of votes cast in favour of the previous general elections to the list by the allocation number. National Council. 2. Based on the binding figures for Article 41 Additional allocations the resident population in 1 Where not all of the mandates accordance with Article 13 of the have been allocated, the mandates Census Act of 22 June 2007, the remaining shall be allocated Federal Council shall make a individually and one after the other binding decision on the number of according to the following rules:a. seats to be allocated to each the number of votes cast in favour of canton in the follow general each electoral list is divided by a election to the National Council. number equivalent to the number of mandates already allocated to that Article 17 Allocation procedure list plus one.b. the next mandate is The 200 seats in the National allocated to the electoral list that has Council shall be allocated among the largest quotient.c. if more than the cantons in accordance with the one list is entitled to the next following procedure:a. Preliminary mandate as they have the same allocation: quotient, then the next mandate is CDL(2014)058 - 144 -

1. The resident population of allocated to the list that achieved the Switzerland is divided by 200. To highest remainder in the division obtain the first allocation number, according to Article 40 paragraph the result is rounded up to the 2.d. if there are still two or more nearest whole number, unless it is lists with the same right to the already a whole number, in which mandate, the mandate goes to the case it is increased to the next list that has obtained the highest highest whole number. Each number of party votes.e. if more canton whose population is lower than one list still has the same right than this number is allocated one to the mandate, the first mandate is seat, and is excluded from the allocated to the list whose candidate further stages of the allocation for the mandate has obtained the procedure. highest number of votes.f. if more 2. The resident population of the than one candidate has obtained the remaining cantons is divided by the same highest number of votes, the number of seats that have yet to be mandate is allocated by drawing lots. allocated. To obtain the second 2 This procedure is repeated until all allocation number, the result is the mandates have been allocated. rounded up to the nearest whole number, unless it is already a Article 42 Allocation of mandates whole number, in which case it is to combined lists increased to the next highest whole 1 Each group of combined lists shall number. Each canton whose initially be treated as a single list for population is lower than this the purposes of allocating mandates. number is allocated one seat, and 2 Mandates shall be allocated to the is excluded from the further stages individual lists within a group of the allocation procedure. according to Articles 40 and 41. 3. This procedure is repeated until Article 37 paragraphs 2 and 2bis the remaining cantons reach the remain reserved. final allocation number. b. Principal allocation: each remaining canton is allocated as many seats as its population divided by the final allocation number. c. Final allocation: the remaining seats are divided among the cantons with the highest fractions of a whole number remaining. Where more than one canton has the same remaining fraction, the canton or cantons with the lower or lowest remaining number that - 145 - CDL(2014)058

results from the division of their population by the first allocation number are excluded. If this also results in the same remaining number for more than one canton, the allocation of the remaining seats is decided by drawing lots.

Constitution as Proportional system Constitution d'Hondt formula Closed Party List No preference amended in 2011 Article 62 Electoral Code system Articles 62-63 Six multi-member The Assembly of the Republic of Article 109 No preference Electoral Code constituencies (20 seats each). Macedonia is composed of 120 to (1) Voting shall be performed with Article 127 Electoral Code as The country is divided into six 140 Representatives. (...) one ballot for each type of election (…) revised in January election districts determined by determined by this Code. (...) (10) Candidates are 2014 law. Each district elects 20 Article 63 elected from the list of Articles 4, 109, 127- members of parliament. All 120 The Representatives for the Article 127 candidates according to 127a members of the Sobranie are Assembly are elected for a term of (1) The State Election Commission the established elected by party list four years. (...) shall determine the total results of the sequence. proportional system, using voting in the electoral districts. closed lists for four-year terms. Electoral Code (2) The State Election Commission The country is divided into six Article 4 shall determine the voting results election districts determined by (...) (2) (2) In the Parliament of the based on the result protocols law. Each district elects 20 Republic of Macedonia, 123 tabulated by the Municipal Election members of parliament. Members of Parliament shall be Commissions and the entire election "the former elected, from which 120 according material. Yugoslav to proportional model, whereby the (3) The State Election Commission Republic of territory of the Republic of shall determine the results for each Macedonia" Macedonia shall be divided into six individual electoral district according electoral districts determined in this to the number of the total votes that Code and for each electoral district individual lists of candidates have 20 Members of Parliament shall be won based on the tabulated results elected, 3 Members of Parliament by the Municipal Election shall be elected according to the Commission for the polling stations in majority model in one round of the electoral district for which it is elections of which 1 Member of competent. Parliament from each of the three (4) When determining the election electoral districts in Europe and results, the d`Hondt formula shall be Africa, in Northern and Southern applied. America, and in Australia and Asia (5) Having determined the total respectively, as determined by this number of votes cast for that number Code. of candidates in the electoral district (3) (3) In the electoral districts the (so-called electorate), each list is number of voters may vary at most divided by the sequence of CDL(2014)058 - 146 -

from minus 5% to plus 5% in quotients 1, 2, 3, 4, etc. until all reference to the average number of seats in the electoral district are voters in the electoral district, with allocated according to the the exception of the electoral determined principle. districts in Europe and Africa, North (6) The quotients of the division, and South America and Australia referred to in paragraph 5 of this and Asia. (...) article, are classified by size, whereby relevant are as many of the largest quotients as there are Members of Parliament being elected in the electoral district. (7) A list of candidates shall obtain as many parliamentary seats as there are largest quotients out of the number of quotients referred to in paragraph 6 of this article. (8) Should there be two identical quotients when distributing the last seat in the Parliament the mandate shall be allotted by drawing lots. (9) When allocating the seats in the Parliament, the number of mandates shall correspond to the number of seats won by the list. (10) Candidates are elected from the list of candidates according to the established sequence.

Article 127-a (1) The State Election Commission shall tabulate and determine the total results from the voting in the three electoral districts in Europe and Africa, North and South America and Australia and Asia. (2) The elected member of the Parliament shall be the candidate who received greater number of votes from the voters who cast their votes but no less than 2% of the total number of registered voters in the electoral district. - 147 - CDL(2014)058

Constitution of 27 Proportional system Constitution Hare formula Closed Party List No preference January 2014 Unicameral, 33 constituencies Article 50 Le peuple exerce le system Articles 50 & 55-56 in all: 27 multi-member pouvoir législatif à travers ses Loi électorale No preference Loi électorale constituencies in Tunisia for représentants à l'Assemblée des Article 107 Le scrutin a lieu sur les Article 110(…) Electoral Law / Loi 199 seats (between four and représentants du peuple ou par listes en un seul tour. Les sièges Les sièges sont attribués Organique relative 10 seats each), 6 voie de référendum. sont répartis au niveau des aux listes en tenant aux élections et aux constituencies abroad for 18 circonscriptions sur la base de la compte du classement référendums seats: 2 in France (five seats Article 55 Les membres de représentation proportionnelle au des candidats n°2014/16 du 26 mai each), 1 each in Italy (three l'Assemblée des représentants du plus fort reste. mentionné. (…) 2014 parue dans le seats) and Germany (one peuple sont élus au suffrage Journal officiel N° seat); 1 for the rest of Europe universel, libre, direct et secret, Article 110 42 du 27 mai 2014 and the Americas (two seats), intègre et transparent selon les Si plusieurs listes d’une liste sont en Articles 107 & 110 1 for the Arab States and the modalités et les conditions prévues compétition au niveau d’une rest of the world (two seats). par la loi électorale. La loi circonscription, les sièges sont Parties must ensure that at électorale garantit le droit de vote répartis dans un premier temps sur la least half of the list is filled by et de représentativité des tunisiens base du quotient électoral. Le women, alternating men and à l'étranger au sein de l'Assemblée quotient électoral est déterminé women candidates from the des représentants du peuple. en divisant le nombre de voix Tunisia beginning to the end of the list. exprimées par le nombre de Seats are distributed using the Article 56 L’Assemblée des sièges attribués à la quotient with the largest représentants du peuple est élue circonscription. La liste reçoit remainders. pour un mandat de cinq années au ainsi autant de sièges que le cours des soixante derniers jours nombre des fois qu’elle obtient le du mandat parlementaire. (...) quotient électoral. Les bulletins blancs ne sont pas non plus retenus dans le calcul du quotient électoral. Les sièges sont attribués aux listes en tenant compte du classement des candidats mentionné. Les sièges non répartis sur la base du quotient électoral sont répartis dans un deuxième temps sur la base du plus fort reste au niveau de la circonscription. En cas d’égalité des restes de deux ou plusieurs listes, le candidat le moins âgé est privilégié. CDL(2014)058 - 148 -

Constitution Proportional system Constitution d'Hondt formula Closed Party List No preference Articles 7, 75 & 77 Article 7 system Unicameral, 79 multi-member Legislative power is vested in the Parliamentary Elections Law No preference Parliamentary constituencies corresponding Turkish Grand National Assembly Article 34 Elections Law to the country's provinces. on behalf of the Turkish Nation. The number of deputyships to be Additional remarks: Articles 2-4, 6 & 34 Accordingly, a candidate from a This power cannot be delegated. obtained in each election district by Party-list proportional political party can only be independent candidates and by representation system elected if the party (a) is fully Article 75 (as amended on July those political parties which have using the d'Hondt organized in at least half of the 23, 1995) surpassed the barrier shall be method, with restricted provinces and one- third of the The Turkish Grand National calculated as follows: options and a double districts within these provinces; Assembly shall be composed of Those political parties and barrier (at the local and (b) has nominated two five hundred and fifty deputies independent candidates who have national level). candidates for each elected by universal suffrage. stood for the elections shall be Accordingly, a candidate parliamentary seat in at least written in rows with their respective from a political party can half of the provinces; (c) has Article 77 number of votes opposite their name. only be elected if the obtained at least 10% of the Elections for the Turkish Grand The number of votes obtained by party (a) is fully organized valid votes cast nationwide; National Assembly shall be held each party shall be divided first by in at least half of the and (d) has received, in the every four years. (...) one, then by two, then by three up provinces and one- third constituency in question, valid to the number of the deputies to be of the districts within votes at least equal to the Parliamentary Elections Law elected in the election district in these provinces; (b) has applicable simple electoral Article 2 question. The shares so obtained nominated two quotient. Parliamentary elections shall be and the votes obtained by the candidates for each held in one stage. The method of independent candidates shall be parliamentary seat in at Turkey proportional representation with ordered from the largest to the least half of the general, equal and secret ballots smallest, without leaving out any one provinces; (c) has shall be applied on the same day of them. And the deputyships of the obtained at least 10% of to the whole country under the election district in question shall be the valid votes cast direction and control of the allocated to those political parties nationwide; and (d) has judiciary. and independent candidates in the received, in the order of the magnitude of the figures. constituency in question, Article 3 In the event there are equal figures valid votes at least equal The number of deputies shall be for the last deputyship, lots shall be to the applicable simple 550. drawn. electoral quotient. If none of the political parties have surpassed the barrier, then the deputyships shall be distributed according to the paragraph 2 and 3.

- 149 - CDL(2014)058

Article 4 (as amended: 4125 - Remark: there is no more provision 27.10.1995) regarding quota candidates in First of all, out of the total number Turkey; It was stricken as of of deputies one deputyship shall be 23/11/1995 by law Nr. 4138 Article 2. allocated to each province. The number of inhabitants of Turkey, as determined at the last census, shall be divided by the remaining number of deputyships. The number of inhabitants of each province shall be divided by the number so calculated to find the number of deputies to be elected by that province on top the one deputyship allocated at the beginning. (...) The numbers of inhabitants of those provinces which do not have a sufficient number of inhabitants to have a deputyship on top of the one deputyship allocated at the beginning according to that method and the residual numbers of inhabitants of the other provinces shall be ranked according to their magnitudes and the deputyships which have not been distributed among provinces at the first calculation shall be distributed on the basis of that ranking. (*) For the allocation of the last deputyship, in the event two or more provinces present the same number of inhabitants or residual number of inhabitants, lots shall be drawn. CDL(2014)058 - 150 -

Those provinces which shall elect up to 18 deputies according to this calculation shall be considered as one election district. Those provinces which shall elect 19 to 35 deputies shall be divided into two election districts and those which shall elect 36 or more deputies into three election districts. Each election district shall be given an identification number.

Article 6 (amended as of22/10/2009 by Law Nr. 5922) Elections for the Grand National Assembly of Turkey shall be held once every four years.

Constitution Articles Combined system: Constitution d'Hondt formula For the proportional No preference 75-76 Directly elected 450 Article 75 The sole body of component: legislative power in Ukraine is the Law of Ukraine On Election of the Closed Party List Law of Ukraine On Law of Ukraine on Majoritarian system Parliament - the Verkhovna Rada People’s Deputies of Ukraine system Election of the People’s Elections of 225 single-member of Ukraine. No preference Deputies of Ukraine People’s Deputies constituencies for the majority Article 97 Establishing the Results (= Law on the system Article 76 (as amended by the of Election of Members of Additional remarks: Article 97 - Establishing Election of Law of 8 December 2004) The Parliament in the Nationwide parallel voting combining the Results of Election of Members of Proportional system constitutional membership of the Election District first-past-the-post with Members of Parliament in Parliament of One nationwide constituency Verkhovna Rada of Ukraine is 450 (...) 3. The MP candidates included in party-list proportional the Nationwide Election Ukraine) 2011, for the proportional National Deputies of Ukraine who the electoral lists of the parties that representation (closed- District amended representation system are elected on the basis of received five or more percent of the list). (...) 10. MPs in the Ukraine Articles 1 & 97-99 universal, equal and direct votes, in relation to the total number nationwide election district suffrage, by secret ballot.The of votes cast for MP candidates shall be elected from the Verkhovna Rada of Ukraine is included in the parties’ electoral lists, electoral list of each party, elected for a term of five years. shall have the right to participate in in descending order, (...)The law of Ukraine On the distribution of MP mandates. within the the number of Election of the People’s 4. The MP candidates included in the the MP mandates Deputies of Ukraine electoral list of a party that received obtained by that party’s Article 1. Basic Principles of less than five percent of the votes, in electoral list. (...) Elections of Members of relation to the total number of votes Parliament of Ukraine cast for MP candidates included in 1. The People’s Deputies of the parties’ electoral lists, shall not be Ukraine (hereinafter referred to as entitled to participate in the “MPs”) shall be elected by citizens distribution of the MP mandates. - 151 - CDL(2014)058

of Ukraine on the basis of 5. The MP mandates shall be universal, equal and direct suffrage distributed between the electoral lists by secret voting. of the parties in proportion to the 2. The quantitative composition of number of the votes received by the the Verkhovna Rada of Ukraine is MP candidates included in the 450 MPs. electoral lists of the parties specified 3. The election of MPs shall be in Part three of this Article, in conducted on the basis of a mixed accordance with the sequence (proportional-majority) electoral prescribed by Parts 6 – 9 of this system: Article.7. The number of votes 1) 225 MPs shall be elected on the required to obtain one MP mandate basis of a proportional system in a (hereinafter, the electoral quota) shall nationwide multi-member election be calculated by dividing the total district (hereinafter, nationwide number of the votes determined in election district) under electoral lists accordance with Part six of this of MP candidates (hereinafter, Article by the number of the MP electoral lists) from political parties mandates, which shall be 225 (hereinafter, parties); (hereinafter, the total number of the 2) 225 MPs shall be elected on the MP mandates in the nationwide basis of a simple majority system in election district). single-mandate election districts 8. The number of the votes cast for (hereinafter, single-mandate the MP candidates included in the election districts). electoral list of each party shall be divided by the electoral quota. The integer part of the resulting number shall be the number of MP mandates received by the MP candidates from each party. The fractional remainders [from such division] shall be taken into account in the distribution of the rest of the MP mandates in accordance with Part nine of this Article. 9. The parties with the largest fractional remainder resulting from the division specified in Part eight of this Article shall each receive one additional MP mandate, starting with the electoral list of the party with the largest remainder. If the electoral lists of two or more parties have equal fractional parts, the electoral list of the party that received the higher CDL(2014)058 - 152 -

number of votes cast shall be the first to obtain the additional MP mandate. The distribution of the additional MP mandates shall end upon exhaustion of the total number of MP mandates available in the nationwide election district. (...)

Article 99 Establishing the Results of Election of Members of Parliament in Single-Mandate Election Districts (...) 2. The MP candidate having the relative majority of the votes cast in the single-mandate district, compared to the other MP candidates running in the respective single-mandate district, shall be elected as an MP.

Electoral Law House of Lords: House of Lords: Not relevant Not relevant Not relevant (Amendment) Bill Indirect election Members of the House of Lords 2010-2012 are appointed by the Queen on the Parliamentary Voting System and House of Commons: advice of the Prime Minister. Some Constituencies Act 2011 Representation of Plurality system non-party-political members are SCHEDULE 2 Rules for the People Act 1983 Directly elected 650. 650 recommended by an independent distribution of seats single-member constituencies: body, the House of Lords Article 1 House of Lords Act 533 for England, 59 for Appointments Commission. The number of constituencies in the 1999 Scotland, 40 for Wales, 18 for United Kingdom shall be 600. Northern Ireland. House of Commons: Representation of There are currently 533 Article 8 The allocation method United the People Act 2000 constituencies in England, 59 in (1)The allocation method referred to Kingdom Scotland, 40 in Wales and 18 in in rule 3(2) is as follows. Parliamentary Northern Ireland. (2)The first constituency shall be Voting System and allocated to the part of the United Constituencies Act First-past-the-post is used to elect Kingdom with the greatest electorate. 2011 MPs to the House of Commons (3)The second and subsequent and for local elections in England constituencies shall be allocated in Elections Act 2001 and Wales. the same way, except that the electorate of a part of the United Under first-past-the-post, the UK or Kingdom to which one or more local authority is divided into constituencies have already been numerous voting areas, i.e. allocated is to be divided by 2C+1 - 153 - CDL(2014)058

constituencies or wards. At a where C is the number of general or local election, voters put constituencies already allocated to a cross (X) next to their preferred that part. candidate on a ballot paper. (4) Where the figure given by sub- paragraph (3) above is the same for Ballot papers are then counted and two or more parts of the United the candidate that has received the Kingdom, the part to which a most votes is elected to represent constituency is to be allocated shall the constituency or ward. be the one with the smaller or smallest actual electorate. (5)This rule does not apply to the constituencies mentioned in rule 6, and accordingly (a) the electorate of England shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule 6(1); (b) the electorate of Scotland shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule 6(2).

Constitution House of Representatives: Constitution Not relevant Not relevant Not relevant Article 1, Sections 2- Plurality system Article I 4Senate 435 single-member Section 2: constituencies Each States Determine Qualifications Election Law Public Representative represents to Vote The House of Law 62-5 on August roughly the same number of Representatives shall be 8, 1911 citizens, provided that each composed of Members chosen State has at least one every second Year by the People Representative. The Congress of the several States, and the United States itself has the power to Electors in each State shall have of America determine the size of the the Qualifications requisite for House of Electors of the most numerous Representatives.Remark from Branch of the State Legislature. the member: There is no general statute governing Article I Congressional elections. The Section 3 closest is probably 2 USC, title The Senate of the United States 1, which deals with some of the shall be composed of two Senators mechanics of voting as well as from each State, (chosen by the CDL(2014)058 - 154 -

providing for the decennial Legislature thereof,) (The reapportionment of the House preceding words in parentheses (2 USC sections 2a,and 2b, superseded by the 17th and 2 USC 2c, which requires Amendment, section 1.) for six that House districts be single- Years; and each Senator shall member districts). have one Vote.Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; (and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.) (The preceding words in parentheses were superseded by the 17th Amendment, section 2.) No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Article I Section 4: States Conduct Congressional Elections The Times , Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the - 155 - CDL(2014)058

Legislature thereof; but the Congress may at any time by law make or alter such Regulations, except as to the Places of chusing Senators. U.S. Senators were originally chosen by their respective State Legislatures until the passage in 1913 of the 17th Amendment which provides for the direct popular election of Senators.

Senate Election Law A. FEDERAL CONSTITUTIONAL PROVISIONS RELATING TO THE ELECTIONS OF SENATORS Composition of SenateThe Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. (Amendment XVII.)