Tasmanian Numbered Regulations

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LAW SOCIETY BY-LAWS 2023 (S.R. 2023, NO. 1) - REG 30

Determination of election of Council members
(1)  If there are more candidates than the required number of candidates for a region, the scrutineers appointed for the election under clause 29 are to count the first preference votes for each candidate in the election.
(2)  If, after counting the number of first preference votes in an election, there is a tie between 2 or more candidates for a position to be filled, the ballot papers containing a first preference vote for each of the tied candidates are to be put to one side, and the second preference votes of the remaining ballot papers are to be counted, and so on, until there is a result in respect of the election.
(3)  If, after counting all of the preference votes in an election, there remains a tie between 2 or more candidates –
(a) the successful candidate, or candidates, in the election is or are to be determined by the drawing of lots; and
(b) the procedure for the drawing of lots is to be determined by the chairperson of the meeting at which the election is held; and
(c) the scrutineers, appointed in respect of the election, are to oversee the drawing of lots; and
(d) the drawing of lots is to occur in the presence of the members in attendance at the relevant meeting.
(4)  After the determination of an election under this clause, the scrutineers for the election are to –
(a) provide a written report, in accordance with subclause (5) , of the result of the election to the meeting where the election is held; and
(b) destroy the ballot papers as soon as practicable after the period of 28 days, from the result of the election being reported under paragraph (a) , has ended.
(5)  A report of scrutineers under subclause (4) is to state, in respect of the election for which the scrutineers were appointed –
(a) the total number of ballot papers received; and
(b) the number of ballot papers rejected; and
(c) the total number of votes in favour of each candidate in the election.
(6)  The successful candidates, in an election determined under this clause, are declared to be councillors-elect.


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