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CONTENTS

§  Preface............................................................................................................ 1

§  Italian voters’ participation in the elections..................................................... 1

§  From the percentage of votes to the number of seats.................................... 3

§  Submission of party’s electoral symbol, statutes, and electoral programme.. 4

§  Gender balance: the new rules to stand as candidates................................ 10

§  The results in terms of members elected...................................................... 14

§  Multiple candidacies and gender representation.......................................... 18

§  Number of candidacies in relation to the number of elected members......... 20

§  Allocation of seats in multi-member constituencies and districts, and the “offsetting procedure”.................................................................................... 23

§  The rate of renewal at the Chamber of Deputies and at the Senate............. 32

§  Members elected by age brackets................................................................ 34

§  Voting for Italian citizens abroad................................................................... 35

 

 

Preface

The elections for the renewal of the Italian Parliament were held on 4^th March 2018 under the new Electoral System passed in October 2017 (Law no. 165/2017). The new Electoral Law is based – for both the Senate and the Chamber of Deputies – on a mixed system of allocation of seats, combining the majoritarian and the proportional representation systems. To such end, the national territory is divided into multi-member districts[1] and single-member districts. As regards the Chamber of Deputies, the national territory is divided into 27 constituencies, in addition to Valle d’Aosta; as to the Senate, constituencies correspond to the territory of each Region.

Constituencies were defined and determined through legislative decree no. 189/2017, adopted following the approval of the relevant Parliamentary Committees of the Chamber of Deputies and the Senate. 231 single-member districts were established for the election to the Chamber of Deputies, in addition to one district in Valle d'Aosta, and 63 multi-member districts. As far as the election to the Senate is concerned, 115 single-member districts were established, in addition to one district in Valle d'Aosta, and 33 multi-member districts.

Italian voters’ participation in the elections

The general elections of 4^th March 2018 involved 7,958 municipalities, divided into in 61,552 polling stations in Italy. As regards the Chamber of Deputies, 46,604,925 voters were entitled to cast their votes, 22,430,202 (48.1%) men and 24,174,723 (51.9%) women. As to the Senate, the voters entitled amounted to 42,871,428, with 20,509,631 men (47.8%) and 22,361,797 (52.2%) women. 584,530 young people were entitled to vote for the first time (1.2% of the voters electing the members of the Chamber of Deputies) (data from the Ministry of the Interior).

The number of seats per each constituency and multi-member district was determined, for both the Chamber of Deputies and the Senate, through Presidential Decree of 28^th December 2017.

 

The election results are available on the website of the Ministry of the Interior.

As regards the turnout, the final data of voters electing the members of Chamber of Deputies accounted to 72.93 % of those entitled; in 2013 total voters accounted for 75.2 %. As to the Senate, the turnout amounted to 72.94 % (in the previous elections the percentage was 75.11 %).

The following table and charts show a comparison of the figures relating to the electoral body, the voters, the votes validly cast, the votes declared null or void, and the blank ballots of recent elections held with three different electoral systems (2001; 2006-2013; and 2018).

		2001	2006	2008	2013	2018
Electoral body	Chamber	49.256.295	46.997.601	47.041.814	46.905.154	46.604.925
	Senate	44.499.794	42.232.467	42.358.775	42.270.824	42.871.428
Voters	Chamber	40.085.397	39.298.497	37.874.569	35.270.926	33.923.321
		(81,38%)	(83,62%)	(80,51%)	(75,2%)	(72,93%)
	Senate	36.189.394	35.262.679	34.058.405	31.751.350	31.231.814
		(81,32%)	(83,50%)	(80,40%)	(75,11%)	(72,84%)
Valid votes	Chamber	37.122.776	38.153.343	36.457.254	34.005.755	32.840.055
	Senate	33.871.262	34.162.615	32.774.339	30.617.901	30.213.874
Votes declared null or void	Chamber	1.274.012 (3,17%)	705.868 (1,79%)	931.445 (2,45%)	869.892 (2,46%)	692.855 (2,04%)
	Senate	1.035.616 (2,86%)	637.709 (1,80%)	835.559 (2,45%)	761.148 (2,39%)	644.686 (2,06%)
Blank ballots	Chamber	1.688.609	439.286	485.870	395.279	389.441
	Senate	1.282.516	462.355	448.507	369.301	376.765

 

 

 

From the percentage of votes to the number of seats

The figures below show the results (Chamber of Deputies and Senate) in terms of votes cast and seats obtained, on the occasion of the first-time enforcement of electoral law no. 165/2017 in March 2018. Such figures are compared to the data of the elections from 1994 to 2013, held under the previous electoral systems (law no. 277/1993 and law no. 270/2005).

 

Law no. 165/2017

Apportionment between proportional representation allocating 67% of seats, and a one-round majoritarian system in districts.

Political elections - march 2018. Chamber of deputies. Votes cast and seats obtained

	Coalizione centro destra	Coalizione centro sinistra	Movimento 5 stelle	Liberi e uguali
% votes cast	37,03%	22,82%	32,66%	3,39%
Proportional representation	12.152.158	7.133.100	10.732.373	1.114.298
Proportional seats	151	88	133	14
Uninom. seats	111	27	93	-
(majoritarian system)
Seats obtained: 617	262	115	226	14
	42,46%	18,64%	36,63%	2,27%

 

Political elections - march 2018. Senate. Votes cast and seats obtained

	Coalizione centro destra	Coalizione centro sinistra	Movimento 5 stelle	Liberi e uguali
% votes cast	37,49%	22,96%	32,21%	3,27%
Proportional representation	11.330.164	6.632.575	9.733.303	990.715
Proportional seats	77	44	68	4
Uninom. seats	58	13	44	0
(majoritarian system)
Seats obtained: 617	135	57	112	4
	43,8%	18,5%	36,4%	1,3

 

 

Law no. 270/2005

 

Election to the Chamber of Deputies: apportionment under proportional representation with majority bonus up to 340 seats allocated to the list obtaining the highest number of total valid votes nationally. Single ballot paper.

Election to the Senate: apportionment under proportional representation with majority bonus to the list obtaining the highest number of total valid votes regionally. Single ballot paper.

 

 

Political elections – February 2013. Chamber of deputies. Votes cast and seats obtained

	Coalizione centro sinistra	Coalizione centro destra	Movimento 5 stelle	Scelta civica Monti
% votes cast	29,55%	29,18%	25,56%	10,56%
Proportional representation	10.049.393	9.923.600	8.691.406	3.591.541
Seats obtained	340	124	108	45
	55,1%	20,1%	17,5%	7,3%

 

 

Political elections – February 2013. Senate. Votes cast and seats obtained

	Coalizione centro sinistra	Coalizione centro destra	Movimento 5 stelle	Con Monti per l’Italia
% votes cast	31,63%	30,72%	23,80%	9,14%
Proportional representation	9.685.437	9.405.652	7.286.550	2.797.734
Seats obtained	113	116	54	18
	37,5%	38,5%	18%	6%

 

Political elections – April 2008. Chamber of deputies. Votes cast and seats obtained

	Coalizione centro destra	Coalizione centro sinistra	Unione di centro	SVP
% votes cast	46,81%	37,55%	5,62%	0,41%
Proportional representation	17.064.506	13.689.330	2.050.229	147.718
Seats obtained	340	239	36	2
	55,1%	38,7%	5,9%	0,3%

 

 

Political elections – April 2008. Senate. Votes cast and seats obtained

	Coalizione centro destra	Coalizione centro sinistra	Unione di Centro
% votes cast	47,32%	38,01%	5,69%
Proportional representation	15.508.899	12.457.182	1.866.356
Seats obtained	168	130	3
	55,8%	43,2%	1%

Escluso Trentino – Alto Adige, Valle d’Aosta e Circoscrizione Estero

 

 

Political elections – April 2006. Chamber of deputies. Votes cast and seats obtained

	Coalizione centro sinistra	Coalizione centro destra
% votes cast	49,81%	49,74%
Proportional representation	19.002.598	18.977.843
Seats obtained	340	277
	55,1%	44,9%

 

 

Political elections – April 2006. Senate. Votes cast and seats obtained

	Coalizione centro sinistra	Coalizione centro destra
% votes cast	48,96%	50,21%
Proportional representation	16.725.401	17.153.978
Seats obtained	148	153
	49,2%	50,8%

 

 

Law no. 277/1993

Apportionment under a one-round majority system in single-member districts allocating ¾ of seats, and under a proportional representation with parcelling-out (the so-called scorporo) for 1/4 of seats. Two ballot papers for the Chamber of Deputies. One ballot paper for the Senate.

 

 

Political elections – May 2001. Chamber of deputies. Votes cast and seats obtained

	Forza Italia	Alleanza Nazionale	Democratici di sinistra	Margherita	Rifondazione comunista
%  votes cast (single list)	29,43%	12,02%	16,57%	14,52%	5,03%
%  votes cast (coalition)	41,45%		36,12%
Proportional representation	10.923.431	4.463.205	6.151.154	5.391.827	1.868.659
Proportional seats	62	24	31	27	11
	Casa delle libertà		l’Ulivo
Seats in majority system (single-member districts)	282		192
Seats obtained	368		261
	58,5%		41,5%

 

Political elections – May 2001. Senate. Votes cast and seats obtained

 

	Casa delle Libertà	L’Ulivo	Rifondazione Comunista	Lista Di Pietro	Democrazia Europea
%  votes cast	42,53%	38,70%	5,04%	3,37%	3,15%
Proportional representation	14.406.519	13.106.860	1.708.707	1.140.489	1.066.908
Seats obtained	176	125	4	1	2
	55,8%	39,6%	1,2%	0,3%	0,6%
	Alleanza Lombarda Autonoma	SVP -L’Ulivo	SVP	Valle d’Aoste
%  votes cast	0,91%	0,52%	0,37%	0,10%
Proportional representation	308.559	175.635	126.177	32.429
Seats obtained	1	3	4	1
	0,3%	0,9%	1,2%	0,3%	Totale: 315

 

 

Political elections – April 1996. Chamber of deputies. Votes cast and seats obtained

	PDS	Pop. Prodi	Rinn. Italiano	FI	AN	CCD-CDU	Lega Nord	Rif. Com
% votes cast (list	21,06%	6,81%	4,34%	20,57%	15,66%	5,84%	10,07%	8,57%
votes cast (coalition)	32,21%			42,07%
Proportional representation	7.894.118	2.554.072	1.627.380	7.712.149	5.870.491	2.189.563	3.776.354	3.213.748
Proportional seats	26	4	8	37	28	12	20	20
	l’Ulivo (*)			Polo delle libertà
Seats in majority system (single-member districts)	249			169			39	15(***)
Seats obtained		287			246		59	35
%	45,62%			39,1%			9,37%	5,55%

Esclusa Valle d’Aosta

(*) Sono stati considerati i collegi uninominali vinti dai candidati delle liste l’Ulivo, l’Ulivo-Leg aut. veneta, l’Ulivo-ps.d’az.

(**) Non sono rappresentati nel prospetto 2 seggi uninominali vinti, un ciascuno, da altre liste (Lega d’azione meridionale e Democrazia-libertà).

(***) Con il simbolo “Progressisti (1996)”

 

 

Political elections – April 1996. Senate. Votes cast and seats obtained

	L’Ulivo	Polo per le libertà	Lega Nord	Progessisti
% votes cast	41,18%	37,35%	10,41%	2,87%
Proportional representation	13.434.607	12.185.020	3.394.733	934.974
Seats obtained	157 (*)	116	27	10
	49,84%	36,83%	8,57%	3,17%
	Mov.Soc.Tricolore	Pannella-Sgarbi	L’Abete SVP	Valle d’Aoste
% votes cast	2,29%	1,56%	0,55%	0,09%
Proportional representation	747.487	509.826	178.425	29.5381
Seats obtained	1	1	2	1
	0,32%	0,32%	0,63%	0,32%

(*) Sono stati considerati i collegi uninominali vinti dai candidati della lista L’Ulivo e l’Ulivo-P. Sardo d’Azione.

 

 

Political elections – March 1994. Chamber of deputies. Votes cast and seats obtained

 

	FI	AN	Lega Nord	PDS	Rif.Com.	PPI	Patto Segni
% votes cast (single list)	21,01%	13,47%	8,36%	20,36%	6,05%	11,07%	4,68%
% votes cast (coalition)	42,84%			26,41%		15,75%
Proportional representation	8.136.135	5.214.133	3.235.248	7.881.646	2.343.946	4.287.172	1.811.814
Proportional seats	30	23	11	38	11	29	13
	Polo delle Libertà - Polo del Buon Governo			Progressisti		Patto per l’Italia
Seats in majority system (single-member districts)	302			164		4
Seats obtained		366		213		46
%	58,18%			33,86%		7,31%

 

 

 

Political elections – March 1994. Senate. Votes cast and seats obtained

	Polo delle Libertà - Polo Buon Governo (*)	Progressisti	Patto per l’Italia	SVP
% votes cast	42,66%	32,9%	16,69%	0,66%
Proportional representation	14.110.705	10.881.320	5.519.090	217.137
Seats obtained	156	122	31	3
	49,52%	38,73%	9,84%	0,95%
	Lega Alpina Lumbarda	Altri Gruppi	Liste Autonomiste
% votes cast	0,74%	2,52%	0,71%
Proportional representation	246.046	835.028	233.361
Seats obtained	1	1	1
	0,32%	0,32%	0,32%

 

 

 

 

 

 

Submission of party’s electoral symbol, statutes, and electoral programme

According to the Law (art. 14 Presidential Decree no. 361/1957), the political parties or organised political groups intending to submit lists of candidates in multi-member districts and single-member districts shall file to the Ministry of the Interior:

·        The symbol distinguishing their lists;

·        The name of the party or the organised political group;

·        The statutes or alternatively a disclosure statement;

·        The electoral programme, in which the name and the surname of the political party leader are stated;

·        The designation, for each constituency, of a full representative and an alternate representative of the party or the group, in charge of submitting the lists of candidates.

 

Submission of party’s electoral symbol

On the occasion of 2018 elections, 103 electoral symbols were filed within the statutory time limits, 10 of which were rejected.

In the next phase there were 42 electoral symbols, followed by the presentation of the lists of candidates.

 

They also include 3 electoral symbols of the list called Italia Europa Insieme (with details in different languages) and of Lega Nord-Forza Italia-Fratelli d’Italia, indicating the joint lists of the right-wing coalition in the Overseas Constituency.

 

On the basis of the election results of 4^th March 2018, 5 intra-coalition lists (Lega Nord, Forza Italia and Fratelli d’Italia; Partito Democratico and SVP – as regards coalitions, see infra) and 2 individual lists (Movimento 5 stelle, Liberi e Uguali) exceeded the threshold for the allocation of seats under the proportional representation, both at the Chamber of Deputies and at the Senate.

 

Elections of 4^th March 2018

Political parties or groups that registered their electoral symbols to the Ministry of the Interior	Political parties or groups that submitted their lists of candidates	Political parties or groups involved in the allocation of seats for the proportional representation
103	42	7

 

According to Law no. 165/2017, the percentages of votes validly cast below which no allocation of seats in multi-member districts is made are the following:

-       the lists obtaining 3% at national level or 20% at regional level to the Senate;

-       the lists representing recognised linguistic minorities, standing for elections in a Special Autonomous Region providing special protection to such minorities (Trentino-Alto Adige and Friuli-Venezia Giulia), which reach 20% in such region or that elect at least 2 candidates in single-member districts;

-       the coalitions of lists reaching at least 10% nationally, provided that they include at least one joint list obtaining 3% nationally, or, as to the Senate, a joint list reaching 20% regionally.

As regards coalitions, the votes cast to joint lists obtaining less than 1% nationally are not taken into account.

 

 

Previous elections	Political parties or groups that registered their electoral symbols to the Ministry of the Interior	Political parties or groups that submitted their lists of candidates in Italy and in the Overseas Constituency
2006   2008   2013	174   177   219	69   41   81

Source: Ministry of the Interior

 

 

Submission of the Statutes or of the Disclosure Statement

As already recalled, following the amendments introduced by Law no. 52/2015 (relating to the Statutes) and by Law no. 165/2017 (submission of the Statutes or of the Disclosure Statement), as from the 2018 elections the political parties or groups intending to submit their lists of candidates shall file to the Ministry of the Interior, besides the party symbol and the electoral programme, their Statutes or – in case not registered in the registry of political parties as per Law Decree no. 149/2013 – a statement containing the minimum transparency requirements provided for by the law.

 

The Register of Political Parties was established under Law Decree no. 149/2013: the Parties that intend to avail themselves of the benefits provided for by the law (26% tax deduction in case of donations and access to the “2x1000” public funding in favour of political parties) shall endow themselves with statutes, drafted in the form of a public instrument. The statutes shall contain a description of the symbol that, in addition to the name, represents the main distinguishing element to identify a political party. The symbol may also be annexed in a graphic form. The party symbol and name (including its abbreviated form), shall be clearly distinguished from those of any other existing political parties.

 

 

 

 

By analysing the data relating to the 2018 elections, out of the 42 lists of candidates, 10 filed their statutes in compliance with the new law provisions and 32, instead of the statutes, filed a disclosure statements. These documents were published in the website “Elezioni trasparenti”, as per the new electoral law, (165/2017) within 10 days as from the deadline set for the registration of symbols.

Presentation of the electoral programme

At the same time, any data requested by the law for each list was published in the website of the Ministry of the Interior, “Elezioni trasparenti”: symbol, candidates, programme and name of the political party leader.

 

In particular, while registering the party symbol, the law states that the parties or the organised political groups shall submit their electoral programme, in which stating the name of the person indicated as the party political leader (Presidential Decree 361/1957, art. 14-bis, paragraph 3).

According to the law, the registration of the symbol, the filing of the statutes or the disclosure statement, the electoral programme and the eventual statement of joint list in a coalition are made, for each single party or organised political group, by the person having a mandate, authenticated by a notary, by the president or secretary of the party or organised political group, which also appoints, through a deed authenticated by the notary, for each constituency (and to the Senate, for each regional constituency), a full and an alternate representative, in charge of filing the lists of candidates in multi-member constituencies and related documents (Presidential Decree 361/1957, articles 15 and 17).

The table below shows the amendments to the electoral law introduced in the last few years as regards the obligation to present the programme indicating the leader of the relevant political party.

Law 270/2005	Law 52/2015	Law 165/2017
The indication of the "political force leader" in the electoral programme of political parties or groups “running to govern the Country” was introduced by law no. 270 of 2005, without prejudice to the prerogatives of the President of the Republic under art. 92, paragraph 2, of the Constitution	Law no. 52 of 2015 maintained the provision for the indication of the "political force leader".	The law of 2017 provided for the indication of the "political force leader" in the electoral programme. In the drafting of the provision, no reference was made to the parties or the political groups “that run to govern the Country”.
The law of 2005 also stated that the coalitions running to govern the country had to indicate the name of the "leader of the coalition" and present a single electoral programme. The law also placed emphasis on the coalitions to determine the minimum threshold for the allocation of seats.	The law of 2015 – exclusively in force for the Chamber of Deputies but never enforced during elections – envisaged that the “electoral competition” concerned the single lists, regardless of coalitions. Consequently, the reference to the "leader of the coalition" has been eliminated.	The law of 2017 emphasises coalitions with a view to the threshold for the allocation of seats and the presentation of candidates in single-member districts. Conversely, the provision of 2005 on the indication of the “leader of the coalition” and on the filing of a single electoral programme for the coalition has not been taken into account.

For the elections of 4^th March 2018, all the lists presented their programme and indicated the political force leader as per the electoral provision in force.

Five lists (USEI, UNITAL, Free Flights to Italy, Movimento delle Libertà and Lega Nord-Forza Italia-Fratelli d’Italia) neither presented their programme nor indicated the political force leader, but only submitted their candidates to the Overseas Constituency.

 

Joint lists within the coalitions

According to the law, besides registering the symbol, the parties or organised political groups may make a statement of joint lists within a coalition. During the elections of 4^th March 2018 2 joint lists in coalition were presented both for the Chamber of Deputies and the Senate: one made up of lists including Lega Nord, Forza Italia, Noi con l’Italia-UDC, Fratelli d’Italia, and one made up of the lists of Partito Democratico, +Europa, Civica Popolare, Italia Europa Insieme and SVP.

The list joint parties in a coalition was published, as provided for by the law (art. 14-bis Presidential Decree 361/1957) in the Official Journal (no. 34 of 10 February 2018).

 

In detail, the law states that statements of joint lists shall be on mutual terms and are effective for all the lists having the same symbol. The joint lists in a coalition are relevant for the purpose of the allocation of seats. While implementing a joint list in a coalition, the parties representing recognised linguistic minorities - existing in special autonomous regions whose statutes and relevant implementing rules provide for a special protection for such minorities - declare in which single-member districts of the relevant constituency the same candidate stands for elections with other political parties or political groups of the coalition. The list of joint parties, once the regularity of the statements is assessed, is published in the Official Journal within the 20^th day preceding the elections (Presidential Decree 361/1957, art. 14-bis).

 

In the 2018 elections to the Chamber of Deputies both coalitions exceeded the threshold for the allocation of seats provided for by the law (see supra) for coalitions (10% of votes validly cast nationally, with 3,284,000 votes out of 32,840,055 total votes to the lists) (see the Minutes of the National Central Office).

 

As regards the intra-coalition lists (for which the law sets a threshold of 3% of votes validly cast nationally, amounting – for the elections of 4^th March 2018 - to 985,202 votes) the lists of Lega Nord, Forza Italia and Fratelli d’Italia exceeded the threshold; as to the centre-left coalition, the lists of Partito Democratico and SVP (the latter having obtained 2 candidates elected in the single-member district of the region and 132,613 votes nationally, therefore exceeding the threshold of 20% at regional level, set to 111,440 votes cast in the region for the March 2018 elections. Such provision for the Chamber of Deputies only applies to the lists in Special Status Regions, for which specific forms of protection of linguistic minorities are in force).

 

The intra-coalition threshold (3%) was not reached by the lists Noi per l’Italia-UDC and +Europa, whose votes were therefore distributed among the lists eligible for the allocation of seats within each relevant coalition (having exceeded the threshold of 1%). The threshold of 1% provided for by the law (amounting to 328,401 votes in March 2018 elections) to contribute to the determination of the total number of votes cast for the coalition, was not reached by the lists Italia Europa Insieme that obtained 191,489 votes and Civica Popolare Lorenzin that obtained a total number of 180,539 votes.

 

Equally, in the elections of 4^th March 2018 to the Senate, the same coalitions exceeded the threshold provided for by the law (see supra) for coalitions (10% of votes validly cast nationally, with 3,021,387 votes out of total 30,213,874 votes obtained by the lists) (see the Minutes of the National Central Office of 4^th March 2018).

The National Central Office also certified that in both coalitions at least one list obtained 3% of valid votes nationally, amounting – for the elections of 4^th March 2018 to the Senate - to 906,416 votes and that the hurdle of 1% (amounting, for 2018 elections, to 302,139 votes) set by the law to contribute to the determination of the total number of votes cast for the coalition was not reached by the lists Italia Europa Insieme that obtained a total number of 163,903 votes and Civica Popolare Lorenzin, receiving a total number of 152,505 votes.

 

 

Elections of 4 March 2018 – National summing up of votes

 

Chamber of deputies (voti validi 32.840.055)	Senate (voti validi 30.213.874)
Coalizione di centro destra 12.152.158   Cifra elettorale naz. delle liste della coalizione: Lega Nord: 5.694.351 Mov. pol. Forza Italia: 4.591.888 Fratelli d’Italia con Giorgia Meloni: 1.435.114 Noi con l’Italia-UDC: 430.805	Coalizione di centro destra 11.330.164   Cifra elettorale naz. delle liste della coalizione: Lega Nord: 5.323.045 Mov. pol. Forza Italia: 4.358.101 Fratelli d’Italia con Giorgia Meloni: 1.286.887 Noi con l’Italia-UDC: 362.131
Coalizione di centro sinistra 7.133.100	Coalizione di centro sinistra 6.632.575
Cifra elettorale naz. delle liste della coalizione: Partito democratico: 6.153.081 +Europa con Emma Bonino - Centro democratico: 845.406 (*) Svp-Patt: 134.613 (**) Italia Europa insieme: 191.489 (***) Civica popolare Lorenzin: 180.539 (***)	Cifra elettorale naz. delle liste della coalizione: Partito democratico: 5.788.103 +Europa con Emma Bonino – Centro democratico: 716.136 (*) Svp-Patt: 128.336 (**) Italia Europa insieme: 163.903 (***) Civica popolare Lorenzin: 152.505 (***)
Movimento 5 stelle 10.732.373	Movimento 5 stelle 9.733.303
Liberi e Uguali 1.114.298	Liberi e Uguali 990.715

 

 

Gender balance: the new rules to stand as candidates

 

For the first time in the framework of the provisions governing the elections to the Chamber of Deputies and the Senate, the law sets specific rules in the submission of the lists of candidates, aimed to guarantee gender balance in political representation. Law no. 52/2015 already introduced specific provisions on gender balance, which however were never enforced during elections, as the law was amended by Law no. 165/2017.

 

 

 

Candidacies in the Framework of Law no. 165/2017 According to the Law, in order to ensure gender equality in multi-member districts, candidates shall be listed according to an alternating gender order, otherwise the list will be considered as inadmissible (Presidential Decree 361/1957, art. 18-bis, paragraph 3; Legislative Decree 533/1993, art. 9, paragraph 4). Furthermore, out of the total candidates running in single-member districts, and, for leading candidates only, in the lists in multi-member districts, none of the two genders shall be represented – nationally for the Chamber of Deputies, and regionally for the Senate - in a percentage exceeding 60 per cent, rounded up to the next whole number (Presidential Decree 361/1957, art. 18-bis, paragraph 3.1; Legislative Decree 533/1993, art. 9, paragraph 4-bis). The National Central Office ensures the compliance with such provisions while assessing the requirements, therefore notifying eventual irregularities to the Central Constituency Offices in order to introduce eventual amendments to the lists. To such end, as to possible changes to the lists and candidates, the list of alternate candidates is also relevant (Ministry of the Interior, Elections of 4th March 2018 to the Chamber of Deputies and to the Senate, Instructions for the submission and eligibility of candidates, January 2018, pages 77-78).

 

 

The data regarding all the candidates standing for the 2018 elections to the Chamber of Deputies shows the following:

·      in single-member districts, 57.3% (1,440) men and 42.7% (1,072) women;

·      in multi-member districts, 52.3% (1,869) men and 47.7% (1,706) women.

 

 

 

As regards the Senate, the following candidates stood for the elections:

·      in single-member districts, 55.1% (696) men and 44.9% (566) women;

·      in multi-member districts, 52.1% (996) men and 47.9% (916) women.

 

A comparison between this data and the previous data available, included in the OSCE Final Report on 2006 general elections, shows that women accounted for 24% of candidates to the Chamber of Deputies and 21% of candidates to the Senate, and obtained 109 seats to the Chamber of Deputies (17.3%) and 45 seats to the Senate (14.3%).

 

A different electoral law was in force in 2006 (the party list representation system) and a majority bonus system also impacting on the gender composition of elected members (such composition was influenced by the number of candidates from the two genders included in the list that obtained an additional number of seats following the allocation of the majority bonus).

 

Therefore, a significant increase in the percentage of women was registered in comparison with 2006, both to the Chamber of Deputies and to the Senate, as highlighted in the charts below[2].

 

 

Percentage of candidates by gender 2006 vs. 2018

 

 

 

 

 

The table below shows a focus on the gender composition of the candidates in the lists for to the Chamber of Deputies that exceeded the minimum threshold for the allocation of seats provided for by the law.

 

 

In the Overseas Constituency the candidates for the elections of 4^th March 2018 (specific provisions are included in the Instructions for the submission of candidacies, by the Ministry of the Interior) were structured as follows:

 

Election to the Chamber of Deputies in the Overseas Constituency: 188 candidates 147 men (78.19%) and 41 women (21.81%)   Election to the Senate in the Overseas Constituency: 80 candidates 54 men (67.5 %) and 26 women (32.5 %)

 

In the Overseas Constituency, where seats are allocated according to a proportional system, voters may express two preferences when allocating two or more Deputies or Senators, and one preference in the other cases.

 

The results in terms of members elected

 

As regards the electoral results, the percentage of women elected to the Chamber of Deputies is 35.7% (225 out of 630), with an increase versus the previous parliament (+4.3%), which in turn had recorded a 10% increase in comparison with the 16^th parliament.

 

 

 

 

 

 

 

 

As regards the Senate, the overall percentage of women elected accounts for 34.7% (109 out of 314), with an increase versus the 17^th Parliament (+5.5%) that in turn had recorded a significant increase in comparison with the previous parliament (+11.1%).

 

 

 

 

The chart below shows the historical trend (from the 1^st to the 18^th Parliament) in terms of percentages and absolute data relating to the seats allocated to women at the Chamber of Deputies. As far as the Senate is concerned, such data is contained in the analytical document no. 13 of the Impact Assessment Office of the Senate, Parità vo’ cercando (30 March 2018).

 

 

 

 

 

The increase in the number of women candidates was followed by an increase in elected women, taking Italy above the EU average (29.3%)^[3]. By analysing in detail the data for the Chamber of Deputies:

·      in single-member districts, against 42.7% of women candidates, 35.3% of members elected in such districts are women (82 out of 232);

 

 

·      in multi-member districts, against 47.7% of women candidates, 36% of members elected in such districts are women (139 out of 386).

 

 

 

At the Chamber of Deputies the Parliamentary Group with the highest percentage of women elected is Movimento 5 Stelle with 43.2%, followed by Forza Italia (36.6%), Partito Democratico (33.3%), Fratelli d’Italia (31.3%), Lega (28.8%) and Liberi e Uguali (22.2%), as shown in the tables below.

 

Chamber of Deputies: Parliamentary Groups

 

 

(%)

 

As regards the election to the Senate:

·      in single-member districts, against 44.9% of candidate women, 38.9% of women were elected in such districts (45 out of 116);

 

 

 

·      in multi-member districts, against 47.9% of candidate women, 32.1% of women were elected in such districts (62 out of 193).

 

 

At the Senate as well, the Parliamentary Group with the highest percentage of elected women is Movimento 5 Stelle with 42.2%, followed by Partito Democratico (34.6%), Forza Italia (34.4%), Lega (32.8%), Per le Autonomie e Misto (25%) and Fratelli d’Italia (16.7%).

 

 

Senate: Parliamentary Groups

 

 

(%)

 

Multiple candidacies and gender representation

 

In the multi-member districts of the Chamber of Deputies the lists exceeding the election threshold overall submitted 1504 candidacies, against which candidates as “natural persons” amounted to 1309.

 

Multiple candidacies under Law no. 165/2017 Both at the Chamber of Deputies and at the Senate, each candidate shall not be included in the lists bearing the same party symbol in more than 5 multi-member districts, under penalty of nullity or invalidity of the election. The candidacy in more than one single-member district shall be considered as null and void. A candidate in a single-member district may also stand as candidate in multi-member districts, without prejudice to the threshold of 5. It should be noted that the provisions of Law no. 165/2017 to ensure gender equality (60-40) refer to the number of candidacies and not to the number of natural persons; consequently, the limit of 60 per cent shall be considered by calculating multiple candidacies more than one time. For instance, those who stand as candidates in 5 multi-member districts represent as many candidacies as the number of districts, and not one single candidacy, although one single individual is involved.

 

 

Therefore, 195 positions were taken by multi-candidates^[4]: 64.6% of them (126) are held by women, and 35.4% positions are held by men (69).

The number of multi-candidate natural persons amounted to 114, namely 57.9% (66) women and 42.1% (48) men.

The table below shows the composition of multiple candidacies per political list.

 

 

Behaviours were differentiated among political forces. The positions taken by multiple candidates in multi-member districts for the Chamber of Deputies^[5] amounted to 48 for Lega (31 women and 17 men), 47 for Fratelli d’Italia (28 women and 19 men), 38 for Liberi e Uguali (16 women and 22 men), 37 for Forza Italia (21 women and 6 men), and 25 for Partito Democratico (23 women and 2 men).

Movimento 5 Stelle did not submit any multiple candidacies in the multi-member districts of the Chamber of Deputies, whereas Lega submitted 29 multi-candidate natural persons (15 women and 14 men), Forza Italia 27 multi-candidate natural persons (21 women and 6 men), Fratelli d’Italia 24 multi-candidate natural persons (13 women and 11 men), Liberi e Uguali 22 multi-candidate natural persons (7 women and 15 men), Partito Democratico 12 multi-candidate natural persons (10 women and 2 men).

 

As regards the number of multi-candidates in both the single-member and multi-member districts of the Chamber of Deputies for the lists exceeding the election threshold, they totally amounted to 234, with 55.6% of women (130) and 44.4% of men (104).

 

As regards the lists not belonging to a coalition, Liberi e Uguali submitted 55 multi-candidates (26 women and 29 men) and Movimento 5 Stelle 54 individuals (27 women and 27 men).

As regards the lists in coalitions, on the contrary, Partito Democratico submitted 45 multi-candidates (27 women and 18 men), Forza Italia 32 multi-candidates (21 women and 11 men), Lega 29 multi-candidates (19 women and 10 men), Fratelli d’Italia 19 multi-candidates (19 women and 10 men).

The candidates to the Chamber of Deputies with the highest number of multiple candidacies allowed by the law amounted to 11 (6, 5 of which in multi-member districts and 1 in single-member districts), all of which are women: 4 Fratelli d’Italia, 3 Partito Democratico, 2 Lega, 1 Forza Italia, 1 Liberi e Uguali).

 

Number of candidacies in relation to the number of elected members

As already mentioned, Law no. 165/2017 states that each list, in every multi-member district (both for the Chamber of Deputies and the Senate) shall be made up of candidates presented in the same numerical order as the ballot paper, and the number of candidates shall neither be lower than the half of seats allocated to the multi-member district, nor exceed the number of seats allocated to the multi-member district.

In any case, the number of candidates in each list, per every multi-member district, shall neither be lower than two nor higher than four. In the multi-member districts for the Senate allocating one single seat, the list includes one single candidate (Presidential Decree 361/1957, art. 18-bis, paragraph 3; Legislative Decree 533/1993, art. 9, paragraph 4).

 

In its ruling no. 35 of 2017, the Constitutional Court, in referring to the previous decision on electoral matters (ruling no. 1 of 2014, relating to law no. 270/2015) recalled how the former system in force was considered as detrimental to the freedom to vote guaranteed under art. 48, paragraph 2, of the Constitution, as it “did not give voters any degree of choice of their representatives, as it provided for one vote to be cast for a list entirely made up of leading candidates in broad districts and with lists including a high number of candidates, potentially corresponding to the entire number of seats allocated to the constituency, therefore hardly known by voters”. In that system, “all members of Parliament, with no exception whatsoever, were not personally indicated by voters, therefore prejudicing the idea of representation provided for by the Constitution”.

The Constitutional Court highlighted that “an electoral system with closed and long lists of candidates is detrimental to the freedom to vote, as voters are prevented from making any type of choice, and the legislator has the discretionary power to chose the procedure to form the lists and the ways in which voters express their support to candidates”.

In its ruling no. 1 of 2014 the Constitutional Court also highlighted how the characteristics of the lists of candidates as defined by law no. 270/2005 make such provision “neither comparable with other systems characterised by closed lists for one part of seats only, nor with other systems characterised by small electoral constituencies in which the number of candidates to be elected is so small that they are known by voters, therefore guaranteeing a real freedom to vote (as it happens in single-member districts)”.

 

As already recalled, the law also states that each candidate may stand for elections in several multi-member districts, up to a maximum of five (multiple candidacy), in lists having the same party symbol (Presidential Decree 361/1957, art. 19, paragraph 2). In case a candidate is elected in more than one district, such candidate is declared elected in the district in which his/her list obtained the lowest number of total valid votes determined under art. 77, paragraph 1, lett. e) (Presidential Decree 361/1957, art. 85, paragraph 1; Legislative Decree 533/1993, art. 17-bis, paragraph 3).

 

With its ruling no. 35 of 2017, the Constitutional Court declared unconstitutional the provisions of art. 85 of Presidential Decree no. 361 of 1957, as amended by art. 2, paragraph 27, law no. 52 of 2015, according to which the candidate elected in several multi-member districts had to notify the Presidency of the Chamber of Deputies, within eight days as from the date of the last proclamation, which multi-member district he/she had chosen.

According to the Court, in fact, “the absence of objective criteria, respecting the will of voters and suitable to determine the choice of the leading candidate elected in several districts, clearly contradicts the logic of the personal indication of the elected member by the voters, which also law no. 52 of 2015 partly upheld, by allowing the expression of preferential votes”. The Constitutional Court therefore highlighted that an arbitrary option allows leading candidates in closed lists to be elected in several districts and to have not only the power to chose their preferred district but also, indirectly, to appoint the representative of a given electoral district by impacting on the effect of preferential votes cast by voters.

The Constitutional Corte therefore recalled how, following such declaration of unconstitutionality, more than one alternative criterion is possible.

 

At the same time, according to the law no one shall stand as candidate in more than one single-member district, although it is possible to simultaneously stand as candidate, with the same symbol, in up to a maximum of five multi-member districts (Presidential Decree 361/1957, art. 19, paragraphs 3 and 4). In case a candidate is elected both in the single-member district and in one or several multi-member districts, such candidate is considered elected in the single-member district (Presidential Decree 361/1957, art. 85, paragraph 1-bis; Legislative Decree 533/1993, art. 17-bis, paragraph 3).

A candidate in the Overseas Constituency shall not stand as candidate in any district of the national territory, neither multi-member nor single-member (Presidential 361/1957, art. 19, paragraph 5).

 

The Table below highlights some summary data, and compares, as to the Chamber of Deputies, the number of seats that – following the general election of 4^th March 2018 – were allocated to each list in relation to the total number of candidates (natural persons, therefore “net of” multiple candidacies) submitted by each list or coalition of lists (see supra Table of multiple candidacies to the Chamber of Deputies).

As a reference index it should be noted that the maximum number of candidates provided for by the law for each list (therefore in case no multiple candidacies are considered) amounts to 482 for the Chamber of Deputies, and is made up of 232 single-member candidates + 249 multi-member candidates (62 multi-member districts for 4 candidates per list as a maximum number in addition to the single district of Molise, whose list can have a maximum of 2 candidates according to the law). In case of coalitions including 3 parties, the index for the Chamber of Deputies becomes 979 (242x3+232).

 

Chamber of deputies (elections 4th march 2018[6]):

 

	Seggi spettanti dal riparto proporzionale	Seggi attribuiti nei collegi uninominali	Totale seggi spettanti	Totale candidati (persone fisiche) a livello nazionale	Rapporto % eletti-candidati
Coalizione di centro destra (FI, FdI, Lega)	151 (di cui 73 Lega, 59 Forza Italia, 19 Fratelli d’Italia)	111	262	773	33,9
Coalizione di centro sinistra (PD, SVP-PTT[7])	88	27	117	411	28,5
Movimento 5 Stelle	133	93	226	424	53,3
Liberi e uguali	14	-	14	384	3,6

 

 

As regards the Senate, the reference index amounts, at national level, to 242 candidates, including 116 (single-member candidates) + 126 (33 multi-member districts with 4 candidates per list, exception made for Molise and Trentino-Alto Adige, whose list can be made up of one single candidate); in case of coalitions including 3 parties, the index becomes 494 (126x3+116). As far as the Senate is concerned, however, the Consolidated Act states that in case the seats to be allocated to a list exceed the number of candidates included in such list, the Regional Electoral Office allocates the remaining seats, within the same regional constituency; article 84 of Presidential Decree 361/1957 applies, exception made for paragraphs 4, 6 and 7.

In compliance with art. 84, exception made for paragraphs 4, 6 and 7, the Regional Electoral Office allocates the seats within the same constituency according to the following order: to the candidates included in the list of other multi-member districts; to the "best losers" in the single-member districts of the multi-member district and, subsequently, to the best losers in the single-member districts of the regional constituency; to the candidates of the joint lists within the coalition submitted to the original multi-member district and, then, to the other multi-member districts of the regional constituency.

 

As regards the members elected, in the elections of 2018 for the Senate there were 23 candidates who stepped in following 15 multi-elected members (see the session of 23^rd March 2018). Furthermore, a case of insufficient list occurred due to a lack of candidates in the Regional constituency of Sicily.

As to the Chamber of Deputies, 21 candidates stepped in following multi-elected members (see the minutes of the National Central Electoral Office of 18^th March 2018 as subsequently amended and supplemented).

 

 

Allocation of seats in multi-member constituencies and districts, and the “offsetting procedure”

Allocation of seats in constituencies

As regards the Chamber of Deputies, the allocation through the proportional system of the 386 seats to coalitions and to the lists exceeding the election threshold is made – by means of the formula of quotients and highest remainders – first of all at national level, followed by the constituency level, and subsequently in the framework of multi-member districts. At the end of the relevant operations, the sum of seats to be allocated to constituencies might not correspond to the apportionment made nationally, and the legislator shall perform an “off-setting” procedure based on the surplus and deficit seats with the aim of ensuring the proportional matching between votes and seats and, at the same time, the territorial compliance with the votes obtained.

As regards the Senate, in the light of the regional approach provided for in art. art. 57 of the Constitution, the first apportionment of seats among lists and coalition is directly made on a regional constituency basis, and therefore the possibility to shift seats among constituencies is not possible.

Law 165/2017, as regards the procedure for the apportionment of seats among lists and coalitions in the constituencies for the Chamber of Deputies, partly amended the procedure regulated under the previous electoral law (law 270/2005).

 

In detail, the apportionment of seats within the constituencies is made – for the Chamber of Deputies – by the National Central Office, proportionally to the number of seats allocated at national level and to the votes obtained in the constituency, according to the constituency quotient. Each coalition and single list is allocated, in each constituency, a number of seats corresponding to the whole number of the quotient above. The remainder seats are allocated to lists and coalitions according to the decreasing order of the relevant decimals of quotients and, in case of tie, to those that obtained the highest number of votes nationally; in the event of tie, a draw takes place.

At the end of such procedure, the Office controls that each list and coalition was given (as a sum of seats allocated in each constituency) the number of seats allocated at national level. Otherwise, an offsetting procedure takes place among coalitions and lists in “surplus” (those for which the sum of seats allocated in each constituency is higher than the seats allocated nationally) and the coalitions and lists in “deficit” (those for which the sum of the seats allocated in each constituency is lower than the seats allocated nationally).

The law regulates in detail the off-setting procedures based on the principle according to which the list in “surplus” transfers the seats of the constituencies obtained with the lowest decimal and, at the same time, where the seat in “surplus” can be transferred to one of the lists or coalitions in “deficit” (Presidential Decree 361/1957, art. 83, paragraph 1, lett. h).

 

The amendments to the procedure under law 270/2005, in addition to those related to the assignment of a majority bonus making it necessary to rely, for each list, on a proportional index[8], are the following:

-       exclusion from the procedure of allocation of seats according to the decimals of the list or coalition already receiving the relevant seats through the procedure of whole quotients;

-       assignation of the seat in surplus in the same constituency in which it is subtracted on the basis of the decimals of the list or coalition in surplus.

The contents of such amendments are described in detail in the specific document “Slittamenti di seggi tra circoscrizioni verificatisi con la precedente legge elettorale e ‘correzioni’ della legge vigente”.

 

During the elections of 4^th March 2018 the total apportionment of seats in constituencies, on the basis of the votes obtained, corresponded to the allocation procedure performed according to the population, in compliance with Presidential Decree 28 December 2017, also in the light of the amendments introduced with the purpose of reducing as much as possible the need to allocate to another constituency the seats in surplus assigned to the list in deficit.

In both phases of the procedure, in fact – apportionment of seats among the coalitions of lists and single lists, and for each coalition the apportionment of seats among the lists eligible – the offsetting operations (described in the Minutes of the National Central Electoral Office of 18^th and 20^th March) could be carried out within the same constituency.

The provisions adopted for the apportionment of seats among constituencies in the previous electoral systems for the election to the Chamber of Deputies are described below[9].

The Proportional Representation System (1948-1992)

As from the first elections held in 1948 until 1992, the members of the Chamber of Deputies are elected through a proportional system amended over the years although not affecting the method for the allocation of seats in constituencies.

The system is based on the allocation of seats to the lists competing in constituencies through the correction method (+ 2) and the whole quotients method, besides recovering the remainders in a single national constituency.

The formula entailing the apportionment of seats within constituencies concerns the seats assigned to the single national constituency that could not be allocated to constituencies. The method used envisages the allocation of seats in the constituencies by one list at the time, proportionally to the seats, without considering the seats that still have to be allocated to each constituency. Therefore, this method does not allow to guarantee the allocation of seats in constituencies according to the population.

As an example, during the elections of 1992 (the last ones held with this system) 505 seats were allocated to the constituencies and 125 seats were allocated to the single national constituency. At the end of the apportionment, in only 8 constituencies out of 31 (Valle d’Aosta is excluded as representing a single-member district) the number of seats allocated equalled the number of seats entitled, whereas in 11 districts a number of seats lower than the ones due was allocated (with a difference of 1 seat in 7 constituencies and 2 seats in 4 constituencies) and in 12 constituencies a number of seats higher than the ones due was allocated (with a difference of 1 seat in 9 constituencies and 2 seats in 3 constituencies).

 

Laws no. 276 and no. 277 of 1993 (1993-2004)

Following the electoral reform of 1993, a mixed system is introduced that provides for the election of 475 members to the Chamber of Deputies in as many single-member districts, and the remaining 155 deputies elected through the proportional representation system. 

The 155 seats of the proportional quota are allocated at a national level, with the formula of whole quotients and higher remainders, and assigned in the constituencies. To this end, the law provides for a first allocation at a constituency level on the basis of the whole quotients, and then a second allocation is made starting, in the latter case, from the smallest constituency. The unassigned seats are gradually allocated to the different lists according to the decimals of the quotient of each list.

In the 3 elections held with this system, it always happened that in some constituencies the number of seats allocated according to the proportional quota differed from the seats due according to the population.

In 1994 an additional seat was allocated in three constituencies: Friuli-Venezia Giulia obtained 4, Liguria 6 and Veneto 1 obtained 8. Conversely, there were two constituencies in a situation of deficit: Emilia-Romagna lost 2 seats (from 11 to 9); Puglia lost one seat (from 11 to 10).

In 1996 an additional seat was allocated in three constituencies: Lazio 2 obtained 5, Piedmont 2 obtained 7 and Veneto 1 obtained 8 seats; in parallel, there were three constituencies in a situation of deficit, each one amounting to one seat: Lombardy 2 (from 10 to 9), Emilia-Romagna and Puglia (both from 11 to 10).

In 2001 an additional seat was allocated in three constituencies: Liguria obtained 6, Veneto 1 obtained 8 and Campania 1 obtained 9 seats. Conversely, there were two constituencies in a condition of deficit, as in 1994: Emilia-Romagna lost 2 seats (from 11 to 9); Puglia lost one seat (from 11 to 10).

 

Law 270/2005 (2005-2016)

The reform of 2005 introduced a proportional representation system with an election threshold and the allocation of a majority bonus.

The electoral formula adopted for the election of the members of the Chamber of Deputies under law 270/2005 entails that the 618 seats allocated to national lists (340 to the majority coalition or list and 277 to the other coalitions and single lists) are subsequently distributed among the 26 electoral constituencies.

As already established for the 155 seats of the proportional part of the Mattarella Law, in this case as well the formula for the apportionment of seats in constituencies, presently involving all the 618 seats, should guarantee two outcomes at the same time:

-       each list receives the same amount of seats in constituencies as those allocated at national level;

-       in each constituency the number of deputies elected is the same as the number of seats that such constituency is entitled to receive, proportionally to the population and according to the Presidential Decree in compliance with the provisions of art. 56 of the Constitution.

The formula adopted through law 270/2005 aims to meet both conditions or, in any case, to minimise the deviation between the seats allocated in the constituency and those that the constituency is entitled to receive according to the Presidential Decree.

According to the law, in fact, a first allocation of the seats of each constituency is made to the lists (and coalitions), followed by a verification that lists (and coalitions) received – in consideration of the sum of seats allocated to the constituencies – all the seats allocated nationally and – in case the verification has a negative outcome – an adjustment procedure is performed.

At the end of the adjustment, however, it may come out that in some constituencies the number of seats allocated is lower or higher than those to which they are entitled according to the population and on the basis of the Presidential Decree.

In 2006 elections, the constituency of Molise “lost” one of its three seats in favour of the constituency of Trentino-Alto Adige.

In 2008 elections, two seats were shifted: the constituencies of Trentino-Alto Adige and Sicilia 1, “lost” one seat each in favour of the constituencies of Veneto 1 and Piedmont 2.

In 2013 elections two seats “migrated” from one constituency to another. On such occasion the constituencies that lost the seats were Friuli-Venezia Giulia and Molise, in favour of Trentino-Alto Adige and Sardinia.

 

 

 

Chamber of deputies elections	Seats in the constituencies	Constituencies (excluded Valle d’Aosta region)	Constituencies where the number of seats allocated is lower or higher than those to which they are entitled	Seats “envolved”	Law
1992	125	31	23	15	TU Camera prima della L. 277/1993
1994	155	26	5	3	L. 277/1993 (l. Mattarella)
1996	155	26	6	3	L. 277/1993 (l. Mattarella)
2001	155	26	5	3	L. 277/1993 (l. Mattarella)
2006	617	26	2	1	L. 270/2005
2008	617	26	4	2	L. 270/2005
2013	617	26	4	2	L. 270/2005
2018	386	27	0 (*)	0 (*)	L. 165/2017

 

 

 

 

 

The enforcement of the procedure provided for by the law in case of insufficiency of the lists in the constituency

 

During the elections of 4^th March 2018 there were a few cases of deviations in the number of seats allocated to each constituency following the enforcement of the procedure provided for by the law in case of insufficiency of candidates in the list of the original constituency (art. 86 Consolidated Act of the Chamber of Deputies referring in turn to art. 84 of such Consolidated Act).

 

According to such provisions, in case the electoral office of the constituency does not perform all the proclamations because the number of candidates in one list is exhausted, the seat shall be allocated to the same list in another constituency or district, or to another list from the same coalition (Presidential Decree 361/1957, art. 84).

To this end, the following criteria apply:

• the first proclamation involves the candidates in the lists submitted in other multi-member districts of the constituency, starting from those in which the list has the highest decimals of the quotient not used in a previous allocation of the seat and, in case of additional seats to be allocated, those in which the list has the highest decimals of the quotient already used according to a decreasing order (Presidential Decree 361/1957, art. 84, paragraph 2);

• after completing all the lists of the constituency, the so-called "best losers" in single-member districts step in (according to the results drafted by the electoral office of the constituency) and, subsequently, the best losers in the single-member districts of the constituency (Presidential Decree 361/1957, art. 84, paragraph 3, and art. 77, paragraph 1, lett. h);

• in case the first list above is exhausted, the allocation is made to the same list in another constituency, initially in the constituency in which the list has the unused best decimal of the quotient, and subsequently in those lists that already allocated the seats according to a decreasing number of the decimals (D.P.R. 361/1957, art. 84, comma 4);

• in case of additional insufficiency, the next elected candidates are those from the joint lists of the coalition who run in the original multi-member district and then in the other multi-member districts of the constituency (Presidential Decree 361/1957, art. 84, paragraph 5);

• in case other seats are left to be allocated, the best losers in the single-member districts of the other constituencies are elected, and in the end the candidates of the joint lists of the coalition who run for the elections in the other multi-member districts of the other constituencies (Presidential Decree 361/1957, art. 84, paragraphs 6 and 7).

 

As highlighted in the Minutes of the National Central Office dated 18^th March and 20^th March 2018, on the basis of the communications from the Central Constituency Offices, one list of candidates to the Chamber of Deputies (Movimento cinque stelle) registered 6 cases of shortage of candidates, 3 seats of which in the constituency Campania 1 (multi-member district no. 1) and 3 seats in Sicily 2 (1 seat in multi-member districts no. 1, 2 and 3, respectively).

 

The Office therefore allocated the seats in the constituencies having enough candidates and whose list had the highest unused decimal part of the quotient of the constituency, according to a decreasing order (therefore, Piedmont 2, Toscana, Lazio 1, Campania 2, Puglia, Calabria).

 

The following Table shows the apportionment of seats among constituencies for the proportional representation system. The first column highlights the allocation of seats among constituencies made through Presidential Decree of 28^th December 2017 on the basis of the population, and the second column highlights the allocation of seats made by the Central national Electoral Office at the end of the enforcement of the procedure under art. 83 Presidential Decree 361/1957, as amended by law no. 165/2017 (see supra): as shown in the third column, the data correspond and no deviations appear. The fourth column sums up the allocation of seats as deriving from the subsequent operations made by the Central National Electoral Office through the enforcement of the procedure under articles 84 and 86 Presidential Decree 361/1957, as amended by law no. 165/2017 (see supra), in case of shortage of candidates in the list of the multi-member district and in all the other districts of the constituency (see supra): as highlighted in the fifth column, the insufficient number of candidates in two constituencies had consequences on six constituencies to which the “lacking” seats/candidates were allocated.

 

Chamber of deputies. Apportionment of seats among constituencies for the proportional representation system

Elections 4th march 2018

 

 

 

 

 

 

 

The previous elections, based on the electoral system adopted for the election to the Chamber of Deputies under law 270/2005 (see infra In-depth Analysis), showed some deviations in the phase of apportionment among constituencies of the seats allocated according to the national distribution[10].

 

According to the previous electoral system, the lists were made up of a number of candidates equalling the number of seats allocated to the constituency, and no cases of “transfer of seats” occurred based on the procedure in place in case of shortage of candidates (as to the “length of lists”, the ruling of the Constitutional Court no. 1 of 2014 intervened).

 

 

Apportionment in multi-member districts

Following the procedure for the allocation of seats to the lists of the constituency, the last phase is represented by the apportionment in multi-member districts of the seats allocated to each list, by taking into account the outcomes deriving from the previous phases (therefore relating to the seats to be allocated to each list nationally and in each constituency). Such procedure is carried out – for each constituency – by the Central Constituency Offices. The same proportional representation method used for the allocation of seats in the constituencies is adopted, based in this case on the electoral quotient of the district. Therefore, for each multi-member district the seats are allocated to the lists on the basis of whole quotients and, for the remaining seats, on the basis of the highest decimals.

In case the number of seats allocated to each list in the multi-member districts of the constituency does not correspond to the number of seats due to it according to the constituency apportionment already made, an offsetting between the lists in surplus and the lists in deficit is performed. The offsetting procedure between the lists in deficit and the lists in surplus for the allocation of seats in multi-member constituencies is based on the principle according to which the list in deficit receives the seat in the constituency in which it has the highest decimal value and the list in surplus assigns it to the constituency in which it was obtained with the lowest decimal value. In this way, having considered that it may happen that the district in which the seat is assigned and allocated is not the same, the number of seats allocated to each multi-member district may not correspond to the number of seats due on the basis of the population (Presidential Decree 361/1957, art. 83-bis, paragraph 1). The final determination, in fact, shall allow each list to be allocated – as a sum of the seats allocated in each multi-member district – the number of seats allocated at the constituency level.

During the elections of 4^th March 2018, by comparing the provisional results available relating to the allocation of seats for the proportional representation side, it emerges that in different constituencies, both for the Chamber of Deputies and for the Senate[11], following the enforcement of the “offsetting procedure” provided for under art. 83-bis of the Consolidated Act of the Chamber of Deputies, the number of seats allocated to the single multi-member districts varied in comparison with the Presidential Decree of 28^th December 2017.

 

In particular, at the Chamber of Deputies, this situation occurred in 20 seats (34 multi-member districts) where in most of cases a district “lost” one seat and another district “earned” one seat: this happened in the constituencies of Emilia-Romagna, Lazio 1, Lombardy 2, Lombardy 3 and Lombardy 4, Marche, Piedmont 2, Sardinia, Sicilia 1, Toscana. In other cases two districts “lost” one seat each, and another district “earned” two: constituencies of Campania 1, Campania 2, Puglia, Sicilia 2. In Veneto 2 one district earned two seats whereas another district lost two seats.

 

 

Chamber of Deputies. Elections of March 2018.

Allocation of seats to multi-member districts (districts that registered changes as compared to the initial allocation)

 

 

 

 

The rate of renewal at the Chamber of Deputies and at the Senate

With the elections of 4^th March 2018, 395 members were elected to the Chamber of Deputies for the first time, meaning that they never exercised any parliamentary mandate before (62.7%). This figure is substantially in line with the data of the 17^th Parliament, when the members elected to the Chamber of Deputies for the first time amounted to 391. The data of the last decade shows therefore a rate of renewal of the political class exceeding 50% of the plenum, recording a considerable increase in relation to the past. In the two previous parliaments (15^th and 16^th), in fact, the number of newly-elected members was lower than the number of those that already exercised a parliamentary mandate: 266 in the 15^th parliament and 231 in the 16^th parliament.

 

 

Members elected to the Chamber of Deputies for the first time and members elected in two previous parliaments (15^th and 16^th)

	Legislatura
	XV	XVI	XVII	XVIII
	2006-2008	2008-2013	2013-2018	2018-…..
Elected to the Chamber of Deputies for the first time	299	261	407	411
(elected to the Senate in previous parliaments)	33	30	16	16
Members elected for the first time to the Parliament	266	231	391	395
	(42,2%)	(36,7%)	(62,1%)	(62,7%)
Elected to the Chamber of deputies in previous parliaments	335	371	224	219
Only to the Chamber	319	338	207	206
To the Chamber and to the Senate	16	33	17	13

 

 

As regards the Senate, the senators exercising their first mandate in the 18^th parliament amount to 180 (57.1%), against 193 newly elected members in the 17^th parliament. They amounted to 116 in the 15^th parliament and to 113 in the 16^th parliament. Therefore, the Senate as well confirms a rate of renewal of the political class in the last two parliaments exceeding 50% of the plenum, therefore considerably increasing as compared to the past.

 

 

Members elected by age brackets

The following charts show the Deputies and the Senators – that are members of Parliament following the results of the elections held on 4^th March 2018 – divided by age brackets (including, for the Senate, life senators and senators by right). A comparison of the apportionment by age brackets of Deputies and Senators from the 16^th to the 18^th Parliament is also shown below.

 

Elections 2018

 

Medium age: 44 years old

 

Medium age: 53 years old

 

 

 

 

 

 

 

 

 

Voting for Italian citizens abroad

Two laws of constitutional revision (no. 1/2000 and no. 1/2001) provide for the election by the Italian citizens living abroad of six senators and twelve deputies in the framework of an “Overseas Constituency”.

The Italian citizens registered in the electoral lists of the Italian nationals residing abroad are entitled vote for the election of senators and deputies in the Overseas Constituency.

Law no. 52/2015 introduced the possibility for the Italian nationals that are temporarily abroad for work, education or medical care reasons to exercise their right to vote by correspondence for the Overseas Constituency.

As regards the election of senators and members of the Chamber of Deputies, the law identifies four areas in the framework of the overseas constituency, including the following States and the territories:

a) Europe, including the Asian territories of the Russian Federation and Turkey;

b) Southern America;

c) Northern and Central America;

d) Africa, Asia, Oceania and Antarctica.

 

In each of these areas at least one senator and one member of the Chamber of Deputies are elected, whereas the other two seats for the Senate and the other eight seats for the Chamber of Deputies are allocated among the different areas proportionally to the number of Italian citizens that live there, on the basis of whole quotients and the highest remainders.

 

The following table, relating to the general election of 4^th March 2018, shows the allocation of seats to the Chamber of Deputies and to the Senate in the Overseas Constituency, approved with two separate Presidential Decrees enacted on 28^th December 2017.

 

Areas	Italian citizens living abroad	Seats to the Chamber of Deputies	Seats to the Senate
Europa	2,685,815	5	2
North America	1,559,068	4	2
South and Central America	451,062	2	1
Africa, Asia, Oceania and Antarctica	277,997	1	1
Total	4,973,942	12	6

 

The vote to the senators and deputies to be elected abroad is cast by correspondence.

The allocation of seats is made through a proportional representation system and in the framework of each of the four areas constituting the Overseas Constituency. It complies with the same procedure in place for the election of senators and deputies.

 

The data analysed on 26^th February 2018 by the Ministry of the Interior shows that:

·        the voters residing abroad that had the faculty to vote by correspondence at that time (net of those who decided to vote in Italy) amounted to 4,147,079 for the Chamber of Deputies and 3,770,264 for the Senate.

·        The voters temporarily abroad that, on such date, had the opportunity to vote by correspondence amounted to 30,464 for the Chamber of Deputies and 21,510 for the Senate:

-     Among the voters for the Chamber of Deputies 12,313 were abroad for work reasons, 11,734 for study reasons, 288 for medical care, 2,020 were family members, and 4,291 for international missions;

-     Among the voters for the Senate 10,953 were abroad for work reason, 4,209 for study reasons, 287 for medical care, 1,865 were family members, and 4,196 for international missions.

As already recalled, starting from the general election of 2018, the Italian citizens that were temporarily abroad for reasons such as work, study, medical care and military international missions, may exercise their right to vote by correspondence for the Overseas Constituency (both to the Chamber of Deputies and to the Senate) according to procedures similar to the ones in force for the Italian citizens living abroad.

 

As regards the participation in the voting procedures, those who voted by correspondence for the Chamber of Deputies accounted for 29.66% of those entitled (30.08% for the Senate).

According to the data available, the votes validly cast for the Overseas Constituency of the Chamber of Deputies amounted to 1,079,530, and 991,211 for the Senate.

 

During the previous general election (February 2013) for the Chamber of Deputies, those entitled to vote in the Overseas Constituency amounted to 3,494,687, and the actual voters amounted to 1,103,989, accounting for 31.59 %. As to the Senate, out of 3,149,501 entitled, the actual voters amounted to 1,009,921 (32.07%). The votes validly cast amounted to 982,881 to the Chamber of Deputies and 895,159 to the Senate.

 

During the 2013 elections, the voters temporarily abroad for international military missions could vote by correspondence, following the adoption of an urgent legislative measure; their votes could however be cast for the constituencies of the Chamber of Deputies and the Senate referring to the municipality of Rome, and not for the Overseas Constituency.

 

The following table shows the data relating to the electoral body and the voters in the previous elections.

		2006	2008	2013
Elettori	Camera	2.707.382	2.924.178	3.494.687
	Senato	2.432.340	2.627.832	3.149.501
Votanti	Camera	1.053.864	1.155.411	1.103.989
		(38,93%)	(39,51%)	(31,59%)
	Senato	962.107	1.059.625	1.009.921
		(39,55%)	(40,32%)	(32,07%)

Fonte: Ministero dell’interno

 

The following table shows the summary data relating to the transformation of votes into seats in the general election of 4^th May 2018 for the Overseas Constituency.

 

Circoscrizione Estero. Elezioni 4 marzo 2018. Camera dei deputati. Voti e seggi

	% voti	Seggi (su 12)
Partito democratico	26,4%	5 (41,6%)
Forza Italia, Lega, FDI	21,49%	3 (25%)
Movimento 5 stelle	17,5%	1 (8,3%)
Maie	9,68%	1 (8,3%)
Usei	6,05%	1 (8,3%)
+Europa	5.63%	1 (8,3%)

Fonte: Ministero dell’interno

Circoscrizione Estero. Elezioni 4 marzo 2018. Senato della Repubblica. Voti e seggi

	% voti	Seggi (su 6)
Partito democratico	27,09%	2 (33%)
Forza Italia, Lega, FDI	22,04%	2 (33%)
Movimento 5 stelle	17,64%	-
Maie	10,88%	1 (16%)
Usei	6,56%	1 (16%)