REGULATION NO. 2000/39
UNMIK/REG/2000/39
8 July 2000
The Special Representative of the Secretary-General,
Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,
Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 2000/21 of 18 April 2000 on the Establishment of the Central Election Commission,
Upon the recommendation of the Central Election Commission,
For the purpose of establishing the basic provisions governing the conduct of the municipal elections in Kosovo,
Hereby promulgates the following:
Section 1
The Special Representative of the Secretary-General shall, after consultation with the Secretary-General and the Deputy Special Representative of the Secretary-General for Institution-Building, set and announce the date of the municipal elections.
Section 2
The term of office for members of the municipal assemblies shall be two years. The term of office shall commence from the date of certification of the final election results by the Special Representative of the Secretary-General in accordance with section 3.2.
Section 3
3.1 The Special Representative of the Secretary-General shall have the authority to certify the registration process upon the recommendation of the Head of the Joint Registration Taskforce.
3.2 The Special Representative of the Secretary-General shall have the authority to certify the final election results upon the recommendation of the Central Election Commission. The Central Election Commission shall make a recommendation as to the certification of the election results after the polling and counting centre results are reconciled and complaints concerning the electoral process are adjudicated by the Election Complaints and Appeals Sub-Commission.
3.3 The Special Representative of the Secretary-General may order a recount of the ballots and may call for repeat elections in any or all polling stations or counting centres.
3.4 The Central Election Commission shall publish the final election results after the certification by the Special Representative of the Secretary-General.
Section 4
4.1 The
election of municipal assemblies shall be conducted by a system of proportional
representation on the basis of political party, citizens’ initiative and
coalition’s candidates’ lists and independent candidates named on the ballot
pursuant to the Electoral Rules of the Central Election Commission.
4.2 Each candidates’ list shall include at least thirty percent of female candidates in the first fifteen candidates. Within the first fifteen candidates on each candidates’ list, at least one female shall be placed among the first three candidates, and at least one female shall be placed in each full set of three candidates thereafter. This rule shall not apply to those lists comprised of less than three candidates.
Section 5
5.1 A voter shall have the option to vote for:
(a) An independent candidate, if applicable;
(b) The candidates’ list of a political party, coalition or citizens’ initiative, if applicable; or
(c) A single candidate within the candidates’ list of a political party, coalition or citizens’ initiative. Where a voter has validly marked one candidate on a candidates’ list, the list shall be considered to have received one valid vote for the purpose of allocating seats.
Allocation of seats among the candidates from the same list shall be carried out first among the candidates on the list who individually received valid votes, these seats being awarded in the order of the highest to the lowest number of votes. If there are still seats to be allocated to a list and the candidates remaining are those who did not receive any valid votes, then allocation of the seats among the remaining candidates shall be carried out according to their order on the list.
5.2 For
each political party, coalition, citizens’ initiative and independent
candidate, the total number of valid votes received by that political party,
coalition, citizens’ initiative or independent candidate shall be divided by 1,
3, 5, 7, 9, 11, et. seq., until the number of divisors used corresponds with
the number of seats of the municipal assembly.
The quotients resulting from this series of divisions shall be arranged
in order from the highest to the lowest.
Seats shall be allocated, in order, to the highest quotient until all
the seats of the municipal assembly have been allocated. If a political party, coalition or citizens’
initiative is allocated seats equal to the number of candidates on its list and
there are still seats to be allocated, then the remaining quotients of that
political party, coalition or citizens’ initiative shall not be taken into
account in allocating the remaining seats. If an independent candidate is
allocated a seat, then the remaining quotients of that independent candidate
shall not be taken into account in allocating the remaining seats.
5.3 In
the event that the proportional representation formula set forth in section 5.2
cannot be applied, the Special Representative of the Secretary-General shall
determine how the seats shall be allocated in consultation with the Central
Election Commission.
5.4 If a tie occurs because the quotients are identical, the seat shall be allocated on the basis of the drawing of a lot.
5.5 An
example of the electoral formula in section 5.2 is shown in the Annex attached
to the present regulation. The Annex is
for reference only. If there is a
conflict between the Annex and section
5.2, section 5.2 shall prevail.
5.6 Seats
allocated in accordance with this regulation are held by the elected candidate
and not the political party, coalition оr citizens’
initiative. The seat holder’s position may not be altered or terminated
except by decision of the Special Representative of the Secretary-General. In the event that a seat holder is replaced,
the Central Election Commission shall recommend to the Special Representative
of the Secretary-General the next eligible candidate on the list.
Section 6
The Special Representative of the
Secretary-General may issue administrative directions in connection with the
implementation of the present regulation.
Section 7
The present regulation supersedes any provision
in the applicable law relating to the municipal elections in Kosovo which is
inconsistent with it.
Section 8
The present provisions governing the
conduct of municipal elections shall apply only to municipal elections held
within 12 months of the date of signing of the present regulation by the
Special Representative of the Secretary-General.
Section 9
The present regulation shall enter into force
on 8 July 2000.
Bernard Kouchner
Special Representative of the Secretary-General
Example
of the electoral formula established in section 5.2:
In a municipal assembly where 28 seats are to be allocated,
4 political parties, 2 coalitions, 1 citizens’ initiative and 1 independent
candidate have been properly certified.
Each political party and coalition, except Party D, has 25 candidates on
its respective candidate’s list. Party
D has only 5 candidates on its candidate’s list. Independent Candidate E, by definition, has only 1 candidate and
the citizens’ initiative CI-H only has four candidates on its candidates’ list.
The
total number of valid votes cast is 558,522.
Coalition A receives 105,918 votes, Coalition B receives 6,523 votes,
Party C receives 215,678 votes, Party D receives 124,746 votes, Independent
Candidate E receives 66,587 votes, Party F receives 21,379 votes, Party G
receives 3,870 votes and citizens’ initiative H receives 13,821 votes. Allocation of the 28 seats is carried out
according to the following series of divisions:
|
|
CL-A |
CL-B |
PT-C |
PT-D |
IC-E |
PT-F |
PT-G |
CI-H |
|
1 |
105,918 |
6,523 |
215,678 |
124,746 |
66,587 |
21,379 |
3,870 |
13,821 |
|
3 |
35,306 |
2,174.3 |
71,892.6 |
41,582 |
22,195.6 |
7,126.3 |
1,290 |
4,607 |
|
5 |
21,183.6 |
1,304.6 |
43,135.6 |
24,949.2 |
13,317.4 |
4,275.8 |
774.0 |
2,764.2 |
|
7 |
15,131.1 |
931.8 |
30,811.1 |
17,820.8 |
9,512.4 |
3,054.1 |
552.8 |
1,974.4 |
|
9 |
11,768.6 |
724.7 |
23,964.2 |
13,860.6 |
7,398.5 |
2,375.4 |
430.0 |
1,535.6 |
|
11 |
9,628.9 |
593.0 |
19,607.0 |
11,340.5 |
6,053.3 |
1,943.5 |
351.8 |
1,256.4 |
|
13 |
8,147.5 |
501.7 |
16,590.6 |
9,595.8 |
5,122.0 |
1,644.5 |
297.6 |
1,063.1 |
|
15 |
7,061.2 |
434.8 |
14,378.5 |
8,316.4 |
4,439.1 |
1,425.2 |
258.0 |
921.4 |
|
17 |
6,230.4 |
383.7 |
12,686.9 |
7,338.0 |
3,916.8 |
1,257.5 |
227.6 |
813.0 |
|
19 |
5,574.6 |
343.3 |
11,351.4 |
6,565.5 |
3,504.5 |
1,125.2 |
203.6 |
727.4 |
|
21 |
5,043.7 |
310.6 |
10,270.3 |
5,940.2 |
3,170.8 |
1,018.0 |
184.2 |
658.1 |
|
23 |
4,605.1 |
283.6 |
9,377.3 |
5,423.7 |
2,895.0 |
929.5 |
168.2 |
600.9 |
|
25 |
4,236.7 |
260.9 |
8,627.1 |
4,989.8 |
2,663.4 |
855.1 |
154.8 |
552.8 |
|
27 |
3,922.8 |
241.5 |
7,988.0 |
4,620.2 |
2,466.1 |
791.8 |
143.3 |
511.8 |
The
28 highest quotients range from 215,678 to 8,147.5. However, Independent Candidate E can only hold one seat and Party
D only has 5 candidates on its list. Therefore,
after allocating to Independent Candidate E a seat based on Independent
Candidate E’s first quotient (66,587),
Independent Candidate E’s remaining quotients are not to be taken into account. Likewise, after allocating to Party D 5
seats for the 5 candidates on its list (based on the quotients: 124,746;
41,582; 24,949; 17,820; and 13,860), Party D’s quotients are not to be taken
into account. The 28 highest quotients,
excluding Independent Candidate E’s quotients after 66,587 and Party D’s quotients
after 13,860, range from 215,678 to 8,147.5.
Coalition A is allocated 7 seats, Party C is allocated 13 seats, Party D
is allocated 5 seats, Independent Candidate E is allocated 1 seat, Party F is
allocated 1 seat and citizens’ initiative H is allocated 1 seat.