REGULATION NO. 2000/39

UNMIK/REG/2000/39

8 July 2000

 

 

ON THE MUNICIPAL ELECTIONS IN KOSOVO

 

 

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

Date of elections

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

Term of Office

 

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

Certification of the Registration Process and the Election Results

 

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

Electoral System

 

4.1†††††† The election of municipal assemblies shall be conducted by a system of proportional representation on the basis of political party, citizensí initiative and coalitionís candidatesí lists and independent candidates named on the ballot pursuant to the Electoral Rules of the Central Election Commission.

 

4.2†††††† Each candidatesí list shall include at least thirty percent of female candidates in the first fifteen candidates. Within the first fifteen candidates on each candidatesí 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

Allocation of Seats

 

5.1†††††† A voter shall have the option to vote for:

 

(a)       An independent candidate, if applicable;

 

(b)       The candidatesí list of a political party, coalition or citizensí initiative, if applicable; or

 

(c)       A single candidate within the candidatesí list of a political party, coalition or citizensí initiative.Where a voter has validly marked one candidate on a candidatesí 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, citizensí initiative and independent candidate, the total number of valid votes received by that political party, coalition, citizensí 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 citizensí 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 citizensí 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 Annexand 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 citizensí initiative.The seat holderís 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

Implementation

 

The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.

 

 

Section 7

Applicable Law

 

The present regulation supersedes any provision in the applicable law relating to the municipal elections in Kosovo which is inconsistent with it.

 

 

Section 8

Municipal Elections Covered by this Regulation

 

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

Entry into Force

 

The present regulation shall enter into force on 8 July 2000.

 

 

 

Bernard Kouchner

Special Representative ofthe Secretary-General

 

 

ANNEX

 

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 citizensí initiative and 1 independent candidate have been properly certified.Each political party and coalition, except Party D, has 25 candidates on its respective candidateís list.Party D has only 5 candidates on its candidateís list.Independent Candidate E, by definition, has only 1 candidate and the citizensí initiative CI-H only has four candidates on its candidatesí 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 citizensí 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 Eís first quotient(66,587), Independent Candidate Eís 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 Dís quotients are not to be taken into account.The 28 highest quotients, excluding Independent Candidate Eís quotients after 66,587 and Party Dís 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 citizensí initiative H is allocated 1 seat.