Calculation of seats of the electoral subjects

(second sentence of point 1 amended by Law No. 118/2020, dated 5 October 2020)

1. No later than 3 days from the completion of the appeals process against a decision on the approval of results of the electoral zone or the invalidation of elections, in accordance with this Code, the CEC shall calculate the allocation of seats for each electoral zone based on the number of valid votes obtained by the subjects in the electoral zone. For elections to the Assembly, electoral subjects receiving less than 1 percent of the valid votes countrywide shall be excluded from the distribution of mandates.

2. The number of valid votes in the electoral zone for each subject shall be divided continuously by consecutive natural numbers, called denominators, starting with the number 1 and ending with the natural number that corresponds to the number of seats allocated to the respective electoral zone. The step from one denominator to the next is 1. If the quotient obtained through the division is a decimal number, the nearest whole number shall be considered the quotient.

3. When the electoral subject is a candidate proposed by the voters, his/her votes shall be divided only by the denominator 1.

4. The quotients obtained through each division, including also the result of point 3 of this Article, shall be placed on a list ranked from the largest quotient to the smallest one, listing alongside them the subject to which the respective quotient belongs. If the quotient is a decimal number, the nearest whole number shall be considered the quotient. The ranking shall continue until as many quotients as the number of seats to be allocated in the respective electoral zone are ranked.

5. An electoral subject shall be allocated the number of seats equal to the number of quotients included in the list specified in point 4 of this Article. If there are two or more [electoral] subjects with the same quotient for the allocation of the last seat in the list specified in point 4 of this Article, the seat shall be allocated to the subject that has obtained the largest number of votes and, if they have obtained the same number of votes, then it shall be decided by lot among those subjects. The lot is drawn publicly at the CEC in the presence of the interested subjects.