(3) Counting the votes
When the casting of ballot is over, voting supervisors and vote tallying staff as well as the working personnel presiding over the election shall check the number of people who have cast their votes and the total votes received, make a record which is signed by the voting supervisors.
When the votes received equal or are less than the number of voters who have cast their ballot, the election is valid. If the votes received outnumber the people who have cast their ballot, the election is invalid.
When validity of the casting is confirmed, the counting of votes is finished.
When a ballot cast exceeds the number of deputies to be elected, the ballot is invalid. It is valid only when the number of deputies it elects equals or is less than the number of deputies to be elected.
(4) The election of candidates
A candidate wins the election when he or she receives more than half of the votes cast.
When the number of candidates receiving more than half of the votes cast exceeds the number of deputies to be elected, the candidate with the greater number of votes wins the election.
When more than one candidate receives the same amount of votes, they shall stand for another voting and the one with more votes wins the election.
When the number of candidates receiving more than half of the votes is below the number of deputies to be elected, another election shall be held to fill the vacancy.
The list of elected deputies is drawn according to the legally prescribed competitive election principle in light of the number of votes they receive during the first election.
During by-elections, those with more votes win but the votes they receive shall not be less than one-third of the total votes cast.
(5) Confirmation and declaration
When the counting of votes is completed, the election committee of each constituency confirms the validity of the election and makes due declaration.
(6) By-election
When the post of a deputy falls vacant during his or her term of service, a by-election shall be held in his or her constituency to fill the vacancy.
When a deputy is suspended of his or her qualification as a deputy, a by-election shall be held to fill the vacancy.
Candidates standing for election to fill the vacancy during by-elections may be more than or equal the actual number of deputies to be elected.
By-election methods are to be decided by the standing committees of people’s congresses at the provincial level.
V. Indirect election
1. Indirect election
Indirect election means deputies to the people’s congresses at the next higher level are elected by deputies to the people’s congresses at the next lower level.
Indirect elections are applicable to the election of deputies to people’s congresses above the county level and deputies among the armed forces at the same level and deputies to the NPC elected from special administrative regions.
2. Election process
(1) Nominating the candidates
Candidates are nominated according to election units.
Candidates may be nominated by political parties or mass organizations jointly or independently or by more than ten deputies.
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