Tuscany uses its own legislation of 2004 to elect its Council. The councillors are elected in provincial constituencies by proportional representation using the largest remainder method with a Droop quota and close lists.

In this system parties are grouped in alliances, and the alliance which receives a plurality of votes elects all its candidates, its leader becoming the President of Tuscany.

According to the official 2001 Italian census, the 33 Council seats which must be covered by proportional representation are so distributed between Tuscan provinces; the highest number of candidates in each list by province is this:

The allocation is fixed. Remaining seats and votes after nominal distribution, are all grouped at regional level and divided by party lists. The consequent division of these seats at provincial level usually change the original apportionment.

The election was won by President Enrico Rossi of the Democratic Party, supported by the center-left coalition.

Lega Nord Toscana won three seats, its best performance in party history to that point.

The Democratic Party was confirmed as the largest party in the region with 42% of the vote, although with a decline of six points, while The People of Freedom took 27%. The election was the only one other than the 2005 election in which the center-left coalition improved its performance.