§ Electoral Code art. 172Allocation of mandates of councillor

Allocation of mandates of councillor
(1) The mandates of councillor to district, town (municipal) and village (communal)
councils shall be allocated by the electoral constituency councils concerned.
(2) The allocation of mandates of councillor to political parties, electoral blocks shall
be carried out by dividing successively the number of valid votes cast for each political party,
each electoral bloc by 1, 2, 3, 4... etc., up to the figure corresponding to the number of
mandates established for the respective constituency.
(3) From the results of all the divisions and from the number of valid votes cast for the
independent candidates, as many numbers as mandates that are to be distributed shall be
taken, in descending order. The number in this descending string belonging to the political
party or electoral block shall correspond to the number of mandates assigned to it.
(4) The independent candidate shall be declared elected if the number of valid votes
cast for him/her falls within the descending string.
(5) Candidates for the position of councillor shall be allocated mandates in the order in
which they are placed on the lists, starting with the list for which the most votes have been
cast.
(6) If the last non-allocated mandate has several candidates with the same number of
votes, the electoral constituency council shall allocate it by lot and shall record it in the minutes.
(7) If a political party or electoral bloc obtains a number of mandates higher than that
of candidates included in the list, the surplus numbers in the descending string of that
formation shall be eliminated, replacing it by the decreasing numbers of the other electoral
competitors.
(8) If only independent candidates have been included in the ballot paper for the
election of the councils, the electoral constituency council shall draw up a list of candidates
with the decreasing number of votes obtained by them, allocating one mandate to each
candidate in the list until the number of mandates is exhausted.
(9) Candidates who have been included in the list but have not been elected shall be
declared as alternate candidates. If the mandate of councillor belonging to a political party or
electoral block becomes vacant before the deadline, that mandate shall be allocated to one of
the alternate candidates of that formation in the order of their inclusion in the list. If the list of
alternate candidates for a political party or electoral block has been exhausted, the vacancy
for the mandate shall be completed by restoring the descending string, excluding that electoral
competitor and including the decreasing number of another electoral competitor in the string.
(10) If the mandate of an independent candidate as councillor becomes vacant, the
vacancy shall be completed by restoring the descending line, excluding the number of that
candidate and including the next number in the string.
(11) If only independent candidates have been included in the ballot paper, in the event
of a vacancy, the alternate candidate shall receive the mandate of councillor in accordance
with paragraph (10).
(12) Mandates shall be allocated to alternate candidates by the Central Electoral
Commission under the terms of this Article and the Rules, approved by decision, of the Central
Electoral Commission and based on the electoral documents held by it.