Victorian Current Acts Victorian Current ActsS. 114(1) amended by No. 2/2003 s. 39(5).
(1) This section specifies the procedure to ascertain the number of votes for each candidate at an Assembly election where there are more than 2 candidates.
(2) In this section, "absolute majority of votes" means a number of votes greater than one-half of the total number of ballot-papers (excluding ballot-papers which are required to be rejected under section 112).
(3) Subsections (2) to (4) of section 113 are to be followed.
(4) The candidate who has received the greatest number of first preference votes if that number constitutes an absolute majority of votes is to be declared elected by the election manager under section 121.
(5) If no candidate has an absolute majority of votes, the election manager must—
(a) open all the sealed parcels containing used ballot-papers; and
(b) arrange the ballot-papers together with the ballot-papers specified in section 113(4)(b) by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and
(c) omit the ballot-papers which require to be rejected; and
(d) declare the candidate who has obtained the fewest first preference votes to be a defeated candidate; and
(e) distribute the ballot-papers counted to the defeated candidate amongst the non-defeated candidates next in order of the voters' preference.
(6) After the distribution, the number of votes given to each non-defeated candidate must again be ascertained.
(7) If no candidate then has an absolute majority of votes, the process of declaring the candidate who has the fewest votes to be defeated and distributing the ballot-papers amongst the non‑defeated candidates next in order of the voters' preference is to be repeated and the votes recounted after every redistribution until one candidate has obtained an absolute majority of votes.
(8) The candidate who obtains an absolute majority of votes is to be declared elected by the election manager under section 121.
(9) If on any count 2 or more candidates have an equal number of votes and one of them has to be declared defeated, the candidate whose name is drawn by the election manager by lot in a manner determined by the Commission, either manually or by computer, is to be declared defeated.
(10) If on the final count 2 candidates have received an equal number of votes, section 117 applies.
(11) If the Commission so directs in writing, the procedure referred to in subsection (5) is to include a scrutiny of preferences (other than first preferences) on such of the ballot-papers as is required by the direction, conducted in the manner specified in the direction.
S. 114A inserted by No. 2/2003 s. 40 (as amended by No. 38/2005 s. 19).