Electoral system for national legislature

Afghanistan, Election Law (Official Gazette, Issue No 1226, 25 September 2016) [English translation], accessed 28 October 2018

Article 49: (1) The Commission allocates 239 seats to the provinces in the following given order:

1. The total population of provinces, excluding the Nomads, Hindu and Sikhs population, is divided by 239 seats to determine the population quota for one seat.

2. The population of each province is divided by the quota for one seat to determine the number of seats for each province.

3. Each province is allocated a number of seats equal to the whole number of the quotient obtained from the division under section 2 of this clause.

4. Seats not allocated under section 3 of this clause, are allocated based on the descending order of the remainder decimal number from the division in section 2 of this clause. 5. If as a result of this calculation, one or more provinces receive less than one seat, such province shall be allocated two seats.

6. The total number of seats and the population figures of the provinces to which additional seats are allocated under section 5 of this clause is deducted from the total population of the provinces. For the remaining provinces, a new seat allocation quota is calculated and the allocation of seats to these provinces is repeated as stated in sections 2 and 5 of this clause. (2) The Commission is obliged to publish the calculations used in the allocation of the seats mentioned in this article.

Article 50: (1) In every electoral constituency, the seats are awarded to the candidates who have garnered the highest number of valid votes.

(2) In case of equality of votes between two candidates for assuming the last seat, the winner shall be selected based on the highest criteria. The highest criteria are as follows in the given order:

1- Level of education.

2- Work experience in governmental or non- governmental organizations.

(3) If an elected member of Wolesi Jirga may not be able to take up his/her seat or due to any reason leaves his/her seat or dies or resigns or is appointed to another office in accordance with the law during the term of Wolesi Jirga; or if he/she loses his/her membership on the order of the law; or becomes handicapped or disabled in a way that permanently prevents him/her from doing

his/her job, if more than one year remains until the end of the term of office of Wolesi Jirga, his/her seat shall be assigned according to the prepared list of the Commission to the next candidate of the same sex (male or female) with the highest votes.