II. THE SYSTEM OF LOCAL ELECTIONS

The aim of local elections is to establish new local governments at the settlements and in the counties of the country and in the capital, and to elect local minority municipalities.

II.1 Rules of electing local governments

Local elections take place in one round but in certain cases the election procedure or a part of it may be repeated on the grounds of a decision of legal redress. Repetition may take place on the grounds of the decision of the local, territorial election committee, or the NEC, or the county, metropolitan court, or the Supreme Court. The system of the elections, in adherence to the settlement structure of the country, consists of different elements subject to the various types of settlements. Examples for the allocation of seats used in various types can be examined in the appendix.

II.1.1. At settlements with 10.000 or less inhabitants

a) electing the members of local governments

The entirety of settlements with 10 000 or less inhabitants constitute one constituency.
The members of the local government are elected by the voters of the settlement on a so-called small list, that is, when voting the name of all of the candidates are indicated on the ballot paper in alphabetic order, and voters may vote on maximum as many candidates as many representatives can be elected at the settlement (the ballot is valid even if the voter votes on less candidates than allowed!). The number of electable representatives is indicated on the ballot paper.
The candidates that have won the most votes will be the elected representatives. The candidate that has won no votes may not be a representative. If all of the seats cannot be allocated when allocating seats because of equality of votes, it shall be decided by drawing lots which candidate will obtain the seat. If less representatives are elected than the number of electable representatives, by-elections shall be called to fill the vacant seats.
The elections may not be held if less candidates have put up for the election than the number of electable representatives. In this case, by-elections are held. By-elections, however, may not be called for a date within six months after the general elections, therefore, in the event of elections not taking place for lack of candidates the mandate of the body of representatives will be extended until the date of by-elections.
If a candidate entered on a small list is elected to be the mayor at the same settlement, he/she shall be deleted from the small list and replaced with the candidate who has won the most votes.

b) electing the mayor

When electing the mayor, the entirety of a settlement constitutes one constituency.
The mayor is elected by majority method, that is, the candidate that has won the most votes will be the mayor. In the event of equality of votes, the elections will be inconclusive, and by-elections shall be held. The elections may not be held if there are no candidates, and in this case, by-elections shall be held, and until they take place and the new mayor is elected, the old mayor will stay in office. The six-month period of interdiction will hold also in this case.
Voters may vote on one candidate for mayor.

c) electing the members of the county convention

County conventions are elected in two constituencies. One constituency consists of the settlements with 10.000 or less inhabitants, the other one the settlements with more than 10.000 inhabitants in the county (except for cities having county rights). The number of seats obtainable on the county list with respect to both constituencies shall be determined, subject to the number of the population of the county, by the law.
Voters may vote on one list.
Seats shall be allocated separately from each other in the two constituencies.
As the first step of allocating the seats, the number of ballots that fall on individual lists shall be determined. The list that has not attained more than 4% of all of the valid ballots cast in the constituency may not take part in the allocation of the seats.

Seats are allocated with the following method:

- a chart has to be assembled, in which a column of figures has to be established under the name of each list. The first number in the column of figures is the number of votes that fall on the given list divided by 1.5, the next figure is the one-third of it, then the one-fifth, one-seventh and so on will follow; the greatest number that occurs in the column has to be identified, and the list in the column of figures of which it is found will be given a seat. After that, the next greatest number has to be identified: the list in the column of figures of which it is found will be given the next seat. This process has to be continued until all of the seats have been allocated. If there are equal greatest numbers when seeking the greatest number that occurs in the chart, then the seat will be given to the list that has not been given any or has been given less seats, or, in the event of equality of the number of such seats, the one that was given the lower serial number in the course of preliminary drawing of lots.

II.1.2. At settlements with more than 10.000 inhabitants in mixed election scheme

a) electing the members of local governments

The members of local governments are elected by voters of the settlement in mixed election scheme. It means that approx. 60% of them are allocated in single mandate constituencies and 40% of them from compensation lists.
The territory of the settlement is divided into as many single mandate constituencies as many are determined by law. In each constituency one representative may be elected. The elections may not be held in a single mandate constituency where there is no candidate. In such case, by-elections shall be called in thirty days, which, however, may not be held within 60 days from the general elections.
Voters may vote on one candidate. The candidate who has won the most votes will be given the seat. In the event of equality of votes, the elections are inconclusive, and by-elections shall be held.
Nominating organisations can obtain seats from compensation lists on the grounds of fragmentary votes generated in single mandate constituencies. The number of seats that can be obtained from compensation lists is determined by law.
Compensation lists can be set up by nominating organisations that have put forward candidates in at least one-fourth of the single mandate constituencies. The nominating organisations that have put forward common individual candidates in at least one-fourth of the single mandate constituencies may present a joint compensation list.
As the first step of allocating seats, the number of fragmentary votes that fall on each compensation list has to be determined. The votes cast on a candidate of the nominating organisation who has not obtained a seat are deemed as fragmentary votes.
The votes cast on joint candidates put forward by the same nominating organisations may be entered as fragmentary votes on a joint compensation list. If there is a common candidate, but there is no common list, then the fragmentary votes coming from the common candidate will be entered into the independent compensation lists of the nominating organisations.
The number of fragmentary votes depends on how many nominating organisations have put forward the common candidate. The number of the fragmentary votes of the common candidate has to be divided by the number of the nominating organisations involved, and the whole part of this quotient will be the number of the fragmentary votes that fall on the compensation list of individual nominating organisations.

Seats are allocated with the following method:

- a chart has to be assembled, in which a column of figures has to be established under the name of each compensation list. The first number in the column of figures is the number of votes that fall on the given list divided by 1.5, the next figure is the one-third of it, then the one-fifth, one-seventh and so on will follow;

- the greatest number that occurs in the column has to be identified, and the list in the column of figures of which it is found will be given a seat. After that, the next greatest number has to be identified: the list in the column of figures of which it is found will be given the next seat. This process has to be continued until all of the seats have been allocated. If there are equal greatest numbers when seeking the greatest number that occurs in the chart, then the seat will be given to the list that has not been given any or has been given less seats, or, in the event of equality of the number of such seats, the one that was given the lower serial number in the course of preliminary drawing of lots.

If one list is given more seats than the number of the candidates indicated on the list, the obtained but unfulfilled seats will remain vacant.
The seats obtained on the list will be given to the candidates indicated on the list in the order defined on the list.
If a candidate included in a compensation list has obtained a seat in a single mandate constituency in the same settlement, then he/she shall be deleted from the list and replaced with the candidate coming next.

b) electing the mayor

When electing the mayor, the entirety of a settlement constitutes one constituency.
The mayor is elected by majority method, that is, the candidate that has won the most votes will be the mayor. In the event of equality of votes, the elections will be inconclusive, and by-elections shall be held. The elections may not be held if there are no candidates, and in this case, by-elections shall be held, and until they take place and the new mayor is elected, the old mayor will stay in office. The six-month period of interdiction will hold also in this case.
Voters may vote on one candidate for mayor.

c) electing the members of the county convention

County conventions are elected in two constituencies. One constituency consists of the settlements with 10.000 or less inhabitants, the other one the settlements with more than 10.000 inhabitants in the county (except for cities having county rights). The number of seats obtainable on the county list with respect to both constituencies shall be determined, subject to the number of the population of the county, by the law.
Voters may vote on one list.
Seats shall be allocated separately from each other in the two constituencies.
As the first step of allocating the seats, the number of ballots that fall on individual lists shall be determined. The list that has not attained more than 4% of all of the valid ballots cast in the constituency may not take part in the allocation of the seats.

Seats are allocated with the following method:

- a chart has to be assembled, in which a column of figures has to be established under the name of each list. The first number in the column of figures is the number of votes that fall on the given list divided by 1.5, the next figure is the one-third of it, then the one-fifth, one-seventh and so on will follow; the greatest number that occurs in the column has to be identified, and the list in the column of figures of which it is found will be given a seat. After that, the next greatest number has to be identified: the list in the column of figures of which it is found will be given the next seat. This process has to be continued until all of the seats have been allocated. If there are equal greatest numbers when seeking the greatest number that occurs in the chart, then the seat will be given to the list that has not been given any or has been given less seats, or, in the event of equality of the number of such seats, the one that was given the lower serial number in the course of preliminary drawing of lots.

II.1.3. The districts of the capital

a) electing the district municipality representatives

District municipality representatives are elected by the voters of the settlement in mixed election scheme. It means that approx. 60% of the seats are allocated in single mandate constituencies and 40% of them from a compensation list.
The districts of the capital are divided into as many single mandate constituencies as many are determined by the law. In each constituency one representative may be elected. The elections may not be held in the single mandate constituency where there is no candidate. In such case, by-elections will be held.
Voters may vote on one candidate. The candidate who has won the most votes will obtain the seat. In the event of equality of votes, the elections are inconclusive and by-elections shall be held.
Nominating organisations may obtain seats from compensation lists on the grounds of the fragmentary votes generated in single mandate constituencies. The number of seats that can be obtained from compensation lists is determined by law.
As the first step of allocating seats, the number of fragmentary votes that fall on individual compensation lists has to be determined. Votes cast on a candidate of a nominating organisation who has not obtained a seat are considered fragmentary votes.
The votes cast on joint candidates put forward by the same nominating organisations may be entered as fragmentary votes into a joint compensation list. If there is a common candidate, but there is no common list, then the fragmentary votes coming from the common candidate will be entered into the independent compensation lists of the nominating organisations.
The number of fragmentary votes depends on how many nominating organisations have put forward the common candidate. The number of the fragmentary votes of the common candidate has to be divided by the number of the nominating organisations involved, and the whole part of this quotient will be the number of the fragmentary votes that fall on the compensation list of individual nominating organisations.

Seats are allocated with the following method:

- a chart has to be assembled, in which a column of figures has to be established under the name of each compensation list. The first number in the column of figures is the number of votes that fall on the given list divided by 1.5, the next figure is the one-third of it, then the one-fifth, one-seventh and so on will follow;

- the greatest number that occurs in the column has to be identified, and the list in the column of figures of which it is found will be given a seat. After that, the next greatest number has to be identified: the list in the column of figures of which it is found will be given the next seat. This process has to be continued until all of the seats have been allocated. If there are equal greatest numbers when seeking the greatest number that occurs in the chart, then the seat will be given to the list that has not been given any or has been given less seats, or, in the event of equality of the number of such seats, the one that was given the lower serial number in the course of preliminary drawing of lots.

If a candidate included in a compensation list has obtained a seat in a single mandate constituency or has been elected mayor in the same settlement, then he/she shall be deleted from the list and replaced with the candidate coming next. If somebody obtained a seat both from the compensation list and the metropolitan list, he/she shall declare which seat he/she accepts and he/she shall be replaced with the one coming next.

b) electing the mayor

When electing the mayor, the entirety of a settlement constitutes one constituency.
The mayor is elected by majority method; that is, the candidate that has won the most votes will be the mayor. In the event of equality of votes, the elections will be inconclusive, and by-elections shall be held. The elections may not be held if there are no candidates, and in this case, by-elections shall be held, and until they take place and the new mayor is elected, the old mayor will stay in office. The six-month period of interdiction will hold also in this case.
Voters may vote on one candidate for mayor.

c) electing the members of the metropolitan convention

The capital constitutes one constituency; the number of obtainable seats is 66.
As the first step of allocating seats, the number of votes that fall on individual lists has to be determined. The list that has not attained more than 4% of the all of the valid ballots cast in the constituency may not take part in the allocation of seats.

Seats are allocated with the following method:

- a chart has to be assembled, in which a column of figures has to be established under the name of each compensation list. The first number in the column of figures is the number of votes that fall on the given list divided by 1.5, the next figure is the one-third of it, then the one-fifth, one-seventh and so on will follow;

- the greatest number that occurs in the column has to be identified, and the list in the column of figures of which it is found will be given a seat. After that, the next greatest number has to be identified: the list in the column of figures of which it is found will be given the next seat. This process has to be continued until all of the seats have been allocated. If there are equal greatest numbers when seeking the greatest number that occurs in the chart, then the seat will be given to the list that has not been given any or has been given less seats, or, in the event of equality of the number of such seats, the one that was given the lower serial number in the course of preliminary drawing of lots.

If in the capital somebody obtained a seat both from the compensation list and the metropolitan list, he/she shall declare which seat he/she accepts, and he/she shall be replaced with the one coming next.

d) nominating and electing the Mayor

When electing the Mayor, the entirety of the capital constitutes one constituency.
The Mayor is elected by majority method; that is, the candidate who has won the most votes will be the Mayor. In the event of equality of votes, the elections are inconclusive and by-elections shall be held.
No elections may be held if there are no candidates. In such case, by-elections will be held, and the Mayor in office will fulfil the post until the new Mayor has been elected.

II.1.4. In cities having county rights

a) electing the members of local governments

The members of local governments are elected by voters of the settlement in mixed election scheme. It means that approx. 60% of them are allocated in single mandate constituencies and 40% of them from compensation lists.
The territory of the settlement is divided into as many single mandate constituencies as many are determined by law. In each constituency one representative may be elected. The elections may not be held in a single mandate constituency where there is no candidate. In such case, by-elections will be held.
Voters may vote on one candidate. The candidate who has won the most votes will be given the seat. In the event of equality of votes, the elections are inconclusive, and by-elections shall be held.
Nominating organisations can obtain seats from compensation lists on the grounds of fragmentary votes generated in single mandate constituencies. The number of seats that can be obtained from compensation lists is determined by law.
As the first step of allocating seats, the number of fragmentary votes that fall on each compensation list has to be determined. The votes cast on a candidate of the nominating organisation who has not obtained a seat are deemed as fragmentary votes.
The votes cast on joint candidates put forward by the same nominating organisations may be entered as fragmentary votes on a joint compensation list. If there is a common candidate, but there is no common list, then the fragmentary votes coming from the common candidate will be entered into the independent compensation lists of the nominating organisations.
The number of fragmentary votes depends on how many nominating organisations have put forward the common candidate. The number of the fragmentary votes of the common candidate has to be divided by the number of the nominating organisations involved, and the whole part of this quotient will be the number of the fragmentary votes that fall on the compensation list of individual nominating organisations.

Seats are allocated with the following method:

- a chart has to be assembled, in which a column of figures has to be established under the name of each compensation list. The first number in the column of figures is the number of votes that fall on the given list divided by 1.5, the next figure is the one-third of it, then the one-fifth, one-seventh and so on will follow;

- the greatest number that occurs in the column has to be identified, and the list in the column of figures of which it is found will be given a seat. After that, the next greatest number has to be identified: the list in the column of figures of which it is found will be given the next seat. This process has to be continued until all of the seats have been allocated. If there are equal greatest numbers when seeking the greatest number that occurs in the chart, then the seat will be given to the list that has not been given any or has been given less seats, or, in the event of equality of the number of such seats, the one that was given the lower serial number in the course of preliminary drawing of lots.

If the candidate included in the compensation list has obtained a seat in a single mandate constituency or has been elected mayor in the same settlement, he/she shall be deleted from the list and replaced with the one coming next.

b) electing the mayor

When electing the mayor, the entirety of a settlement constitutes one constituency.
The mayor is elected by majority method; that is, the candidate that has won the most votes will be the mayor. In the event of equality of votes, the elections will be inconclusive, and by-elections shall be held. The elections may not be held if there are no candidates, and in this case, by-elections will be held.
Voters may vote on one candidate for mayor.