(1) For the distribution of seats to be occupied on the basis of Land lists, the second votes cast for each Land list shall be added together. The second votes of those voters who cast their first votes for a successful candidate in a constituency who was nominated in accordance with Article 20 (3) or by a party not permitted to submit a Land list in the Land in question shall be disregarded. The number of successful constituency candidates who are specified in sentence 2 or were nominated by parties which, in accordance with Paragraph (6) of the present Article, are not to be taken into consideration shall be deducted from the total number of members of parliament (Article 1 (1)).
(2) The remaining seats pursuant to Paragraph (1), sentence 3 shall be distributed among the Land lists on the basis of the second votes to be taken into account according to Paragraph (1), sentences 1 and 2 as follows: The total number of remaining seats shall be multiplied by the number of second votes cast for each Land list in the election area and the product divided by the total number of second votes cast for all the Land lists to be taken into account. Each Land list shall first receive one seat for each whole number falling to it. Any seats then remaining to be awarded shall be allocated to the Land lists in the order of the highest decimal fractions resulting from the calculation performed in accordance with sentence 2 of this Paragraph. In case of equal fractions, the assignment of the last seat shall be decided by the Federal Returning Officer by drawing lots.
(3) If a Land list upon which more than half of the total number of second votes of all the Land lists to be taken into account does not receive more than half of the seats available ac-cording to the distribution of seats described in Paragraph (2), it shall, notwithstanding Paragraph (2), sentences 4 and 5, be allocated an additional seat from the seats due to be allocated on the basis of fractions. Any seats then remaining shall be distributed according to Paragraph (2), sentences 4 and 5.
(4) The number of seats won by a party in the constituencies of a Land shall be deducted from the number of members of parliament thus established for each Land list. The 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 re-main vacant.
(5) A party shall retain seats it has gained in the constituencies even if the number exceeds the number established in accordance with Paragraphs (2) and (3). In such an event, the total number of seats (Article 1 (1)) shall increase by the difference; there shall be no renewed calculation in accordance with Paragraphs (2) and (3) of this Article.
(6) 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 when the seats are distributed among the Land lists. Sentence 1 shall not apply to the lists submitted by parties representing national minorities.
