Number of tiers

Election Law 2011

Articles 11, 12, 48, 49

Article 11. Division of electoral territory

11.1. The electoral territory shall be the territory of Mongolia.

11.2. The electoral territory in which the 48 Members of Parliament (State Great Hural) stipulated in Article 4.9 hereof shall be elected shall be divided into electoral districts (hereinafter referred to as “district”) created pursuant to Articles 12.1 and 12.2 hereof.

11.3. A district shall be split into electoral units (hereinafter referred to as “unit”).

Article 12. District and its creation

12.1. The Parliament (State Great Hural) shall create 26 districts in consideration of the population size and division of administrative and territorial units in aimags (provinces) and capital city districts and set the number of mandates in districts, mandate numbers, territories, and centers within at least six months before the polling day.

12.2. In the event the population size in an aimag or capital city district is below the national average thereof for district creation, a district that combines an adjacent aimag or capital city district may be created.

12.3. The different national average of the population size for district creation shall be set for aimags and capital city.

12.4. The General Election Commission may put forward a proposal to change districts to the Parliament (State Great Hural) of Mongolia in the following cases.

12.4.1. In case a change made to the division of administrative and territorial units can affect the structure of districts; and

12.4.2. In case the population size changed by more than 20 percent in a particular district in the period following the previous election can affect the structure of the district.

Article 48. Sum-up of election outcomes in district and registration of Member of Parliament (State Great Hural)

48.1. A district committee shall sum up polling outcomes delivered by sub-district and committees based on the benchmarks set forth in Article 46.3 hereof and divide final outcomes of polling conducted in the district into votes obtained by candidates and those obtained by parties and coalitions.

48.2. A district committee shall make a slate (hereinafter referred to as “slate “A””) by arranging candidates in order of the number of votes they have obtained in the district and candidates who have obtained most votes but 28 or more percent of votes cast by voters and whose number equals with that of mandates shall be deemed directly elected for Members of Parliament (State Great Hural).

48.3. In the event none of the candidates proposed for a district fails to obtain 28 or more percent of votes cast by voters, the outcomes shall be summed up separately.

48.4. In the event it turns out that the number of candidates obtained 28 or more percent of votes cast by voters in the district is below the number of the mandates allocated for the district, a re-election shall be held for the mandates remained.

48.5. In the event the number of votes obtained by candidates to be allocated for mandates has equilibrium in the restriction after candidates who have obtained most votes but 28 or more percent of votes cast by voters on slate “A” set forth in Article 48.2 hereof are restricted to the number of the mandates to be allocated for the district, the candidates shall be involved in the re-polling and those who have obtained most votes shall be deemed elected as Members of Parliament (State Great Hural).

48.6. Candidates who have obtained most votes in the re-polling set forth in Article 48.4 hereof and whose number doubles the remaining number of candidates shall be involved in the re-polling and voters shall vote for candidates whose number equals with that of the remaining mandates only.

48.7. A district committee shall consolidate the number of votes cast by voters for parties or coalitions by each party or coalition and sum up outcomes of the re-polling.

48.8. A district committee shall discuss and make a decision on outcomes of the re-polling and those of the election in its meeting within three days and deliver them to the General Election Commission within two days.

48.9. A district committee shall issue a temporary credentials of Members of Parliament (State Great Hural) for the candidates deemed elected as Members of Parliament (State Great Hural) pursuant to Articles 48.2 and 48.5 hereof.

48.10. In the event of a dispute arising from outcomes of the re-polling, a district committee shall resolve it within 14 days after the re-polling.

Article 49. Sum-up of outcomes of election, allocation of seats, and reporting

49.1. The General Election Commission shall sum up the outcomes of the election delivered by district committees pursuant to Article 48 hereof nationwide and allocate seats for parties and coalitions in the following manner.

49.1.1. To calculate the total number of all votes obtained by each party and coalition and make a slate (hereinafter referred to as “slate “B””) by arranging parties and coalitions that have obtained at least five percent of all votes obtained by all parties and coalitions in order of percentages of votes they have obtained;

49.1.2. To distribute percentage of all votes obtained by parties and coalitions that have failed to pass the five-percent threshold set forth in Article 49.1.1 hereof proportionally and add them to percentage of votes obtained by each party and coalition included in slate “B;”

49.1.3. To calculate a percentage per seat by dividing the sum of percentages of votes obtained by parties and coalitions and included in slate “B” set forth in Article 49.1.2 hereof by 28; and

49.1.4. To distribute 28 seats of Members of Parliament (State Great Hural) proportionally based on the principle of big remainder by dividing percentages of votes of each party and coalition included in slate “B” and set forth in Article 49.1.2 hereof by the percentage per seat set forth in Article 49.1.3 hereof.

Notes: “Proportional distribution according to the principle of bid remainder” means completion of distribution of all seats through distribution of seats that equal whole parts in the first place after calculation of the number of seats in fractions allocated for percentages of votes obtained by parties and coalitions, and distribution of additional seats for parties and coalitions one by one starting from those that have big remainders or fractional parts in the event of undistributed seats.

49.1.5. To remove the following candidates from slate “A” set forth in Article 48.2 hereof and make a slate (hereinafter referred to as “slate “C””) by equally dividing and adding the sum of percentages of votes obtained by the removed candidates for and to candidates other than those remained in the slate and deemed elected as Members of Parliament (State Great Hural).

49.1.5. а. Candidate obtained less than 28 percent of votes cast by voters;

49.1.5. b. Independent not deemed elected as Member of Parliament (State Great Hural) pursuant to Article 48.2 hereof though he/she has obtained 28 or more percent of votes cast voters;

49.1.5. c. Candidate not deemed elected as Member of Parliament (State Great Hural) pursuant to Article 48.2 hereof, though he/she has obtained 28 or more percent of votes cast voters, and proposed by a party or coalition obtained at least five percent of votes nationwide.

Notes: A percentage of votes obtained by a candidate not deemed elected as Member of Parliament (State Great Hural) in slate “C” though he/she engaged in the re-polling pursuant to Article 48.5 hereof means the percentage of votes obtained in the first polling.

49.1.6. To make a slate (hereinafter referred to as “slate “D””) by each party and coalition by arranging candidates included in slate “C” made for each district and set forth in Article

49.1.5 hereof and not deemed elected as Members of Parliament (State Great Hural) pursuant to Articles 48.2 and 48.5 hereof by each party and coalition in order of percentages of votes in slate “C” they have obtained, and candidates proposed by the parties and coalitions other than those proposed for districts after the above candidates by each party and coalition in order of the order thereof in the slate set forth in Article 27.5.4 hereof;

Notes: In the event percentages of votes obtained by candidates from one party or coalition have equilibrium in making slate “D,” the General Election Commission shall undertake to put it in order based on the number of votes obtained by the candidates in the districts.

49.1.7. To deem candidates of a party or coalition, whose number equals the number of seats allocated for the party or coalition pursuant to Article 49.1.4 hereof starting from the beginning of slate “D” set forth in Article 49.1.6 hereof, elected as Member of Parliament (State Great Hural).

49.2. The General Election Commission shall issue temporary credentials of Members of Parliament (State Great Hural) for candidates deemed elected as Members of Parliament (State Great Hural) pursuant to Article 49.1.7 hereof.

49.3. The General Election Commission shall issue and submit the number of seats of parties and coalitions and list of persons elected as Members of Parliament (State Great Hural) to the President of Mongolia and make them public within 15 days following the end of the election.

48 FPTP, 28 List PR using closed list and largest remainder