(1) If the election is
to fill the office of mayor or president and any candidate is also a candidate
in an election to fill an office or offices of councillor on the council held
on the same election day, the result of the election for mayor or president is
to be ascertained before the result of the other election is ascertained.
(2) If the election is
to fill an office or offices of councillor and any candidate has been elected
to fill the office of mayor or president on the council at an election held on
the same election day, that candidate cannot be elected to an office of
councillor.
(3) When subsection
(2) applies, if the number of other candidates is equal to the number of
offices to be filled at the election —
(a) the
other candidate or candidates is or are elected unopposed; and
(b) the
votes are to be counted —
(i)
only if 2 or more of the councillors elected at that
election will retire on different days; and
(ii)
only for the purpose of applying the provisions of
Schedule 4.2 about the order of retirement of councillors.
(4) When subsection
(2) applies, if the number of other candidates is greater than the number of
offices to be filled at the election, the counting of votes is to proceed.
(5) When votes are
counted under subsection (3)(b) or (4) —
(a) if a
ballot paper contains a first-preference vote for the candidate who has been
elected to the office of mayor or president —
(i)
the first-preference vote must be disregarded; and
(ii)
the ballot paper must be treated as if any numeral
indicating a preference for another candidate had been altered accordingly;
and
(b) if a
ballot paper contains a preference vote for the candidate who has been elected
mayor or president —
(i)
the preference vote must be disregarded; and
(ii)
the ballot paper must be treated as if any numeral
indicating a subsequent preference for another candidate had been altered
accordingly.
(6) In subsection (5)
—
first-preference vote has the meaning given in
Schedule 4.1 clause 1;
preference vote has the meaning given in Schedule
4.1 clause 1.
[Section 4.73 amended: No. 64 of 1998 s. 26; No.
11 of 2023 s. 48.]