Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
Schedule 3 Procedure for counting votes—more than 1 candidate to be elected
(see s 22 (2))
1 The returning officer shall open the ballot box containing the voting papers and, in the presence of the scrutineers that attend, count the first preference votes given for each candidate on such of the voting papers as are not rejected as informal.
2 The Returning Officer shall then determine a quota by dividing the total number of first preference votes by a number that is equal to 1 more than the number of candidates required to be elected and by increasing the quotient so obtained, disregarding any remainder, by 1.
3 A candidate who has received a number of first preference votes equal to or greater than the quota shall be elected.
4 If the number of first preference votes received by a candidate is equal to the quota, the voting papers on which those votes are recorded shall be set aside as finally dealt with.
5 If the number of first preference votes received by a candidate is in excess of the quota, that candidate's surplus votes shall, unless all vacancies have been filled, be transferred to the unelected candidates next in the order of the voters' preferences as follows:
(a) the voting papers on which a first preference vote is recorded for the elected candidate shall be re-examined and the number of second preference votes, or next consecutive preferences, as the case may be, recorded on those voting papers for each unelected candidate shall be counted;
(b) the number of surplus votes of the elected candidate shall be divided by the total number of first preference votes received by the elected candidate and the resulting fraction shall be the transfer value;
(c) the number of second or other preference votes determined under paragraph (a) for each unelected candidate shall be multiplied by the transfer value determined under paragraph (b);
(d) the resulting number, disregarding any fractional remainder, shall be transferred to each unelected candidate and added to the number of first preference votes received by the unelected candidate.
6 (1) If, because of a transfer effected under clause 5, the number of votes received by a candidate is raised up to or above the quota, the candidate shall be elected.
(2) Notwithstanding that the number of votes received by a candidate is, because of a transfer effected under clause 5, raised up to the quota, the transfer shall be completed by transferring to the candidate all the votes to which the candidate is entitled from that transfer but no votes of any other candidate shall be transferred to him or her.
(3) If, because of a transfer effected under clause 5, the number of votes received by a candidate is raised up to, but not above, the quota, the voting papers on which those votes are recorded shall be set aside as finally dealt with.
(4) If, because of a transfer effected under clause 5, the number of votes received by a candidate is raised above the quota, the candidate's surplus votes shall be transferred to the unelected candidates next in the order of the voters' preferences as follows:
(a) the voting papers on which are recorded the votes received by the elected candidate in the last transfer shall be re-examined and the number of third preference votes, or next consecutive preferences, as the case may be, recorded on those voting papers for each unelected candidate shall be counted;
(b) the number of surplus votes of the elected candidate shall be divided by the total number of voting papers referred to in paragraph (a) and the resulting fraction shall be the transfer value;
(c) the number of third or other preference votes determined under paragraph (a) for each unelected candidate shall be multiplied by the transfer value determined under paragraph (b);
(d) the resulting number, disregarding any fractional remainder, shall be transferred to each unelected candidate and added to the number of votes previously received by him or her.
7 (1) If, after the first preference votes have been counted and all surplus votes (if any) have been transferred in accordance with clauses 5 and 6—
(a) no candidate has received a number of votes equal to the quota; or
(b) the number of candidates elected is less than the number of candidates required to be elected;
the candidate who is lowest on the poll shall be excluded and all the votes received by that candidate shall be transferred, in the way referred to in clause 5, to the remaining unelected candidates next in the order of the voters' preferences.
(2) For the purpose of effecting a transfer under subclause (1)—
(a) the first preference votes received by a candidate excluded under that subclause shall be transferred first, the transfer value of each such vote being 1; and
(b) the other votes of the candidate shall then be dealt with in the order of the transfers in which, and at the transfer value at which, the candidate received them; and
(c) each of the transfers referred to in paragraphs (a) and (b) shall, for all purposes, be taken to be a separate transfer.
8 (1) If, because of a transfer effected under clause 7, the number of votes received by a candidate is raised up to or above the quota, the candidate shall be elected.
(2) Notwithstanding that the number of votes received by a candidate is, because of a transfer effected under clause 7, raised up to the quota, the transfer shall be completed by transferring to the candidate all the votes to which the candidate is entitled from that transfer but no other votes shall be transferred to him or her.
(3) If, because of a transfer effected under clause 7, the number of votes received by a candidate is raised up to, but not above, the quota, the voting papers on which those votes are recorded shall be set aside as finally dealt with.
(4) If, because of a transfer effected under clause 7, the number of votes received by a candidate is raised above the quota, the surplus votes—
(a) shall be transferred to the candidates next in the order of the voters' preferences in the manner referred to in subclause 6 (4); and
(b) shall not be dealt with until all the votes of the excluded candidate have been transferred; and
(c) shall be dealt with before any other candidate is excluded.
9 The same process of excluding the candidate lowest on the poll and transferring his or her votes to other candidates shall be repeated until all the candidates, except the number required to be elected, have been excluded and the candidates then remaining who have not already been elected, shall then be elected.
10 (1) If, on the counting of first preference votes or on any transfer, more than 1 candidate has a surplus, the largest surplus shall be dealt with first, followed by the next largest surplus, and so on.
(2) Notwithstanding subclause (1), if a candidate receives a surplus at a count or transfer previous to that at which another candidate receives a surplus, the surplus of the firstmentioned candidate shall be dealt with first.
(3) If the surplus votes of 2 or more candidates are equal, the surplus votes shall be dealt with as follows:
(a) the surplus of the candidate who was highest on the poll at the count or transfer at which the candidates last had an unequal number of votes shall be dealt with first;
(b) if the candidates had an equal number of votes at all previous counts or transfers or if there was no previous count or transfer—the returning officer shall decide by lot which surplus shall be dealt with first.
11 If 2 or more candidates have the same number of votes and it is necessary to exclude 1 of them—
(a) the candidate who was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be excluded; or
(b) if the candidates had an equal number of votes at all previous counts or transfers or if there was no previous count or transfer—the returning officer shall decide by lot which candidate is to be excluded.
12 For the purpose of determining which candidate is next in the order of the voter's preference, a candidate who has been elected or excluded shall not be considered and the order of the voter's preference shall be determined as if the name of the lastmentioned candidate were not on the voting paper.
13 If, on a transfer, a voting paper does not show a number indicating the voter's next preference opposite the name of a candidate who has not already been elected or excluded, the voting paper shall be set aside as exhausted.