South Australian Numbered Regulations

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STATE OPERA OF SOUTH AUSTRALIA REGULATIONS 2007 (NO 201 OF 2007) - REG 15

15—Counting of votes

        (1)         Votes must be counted by the secretary in the presence of any scrutineers appointed under regulation 14 who seek to be present.

        (2)         The following provisions apply to the counting of votes at an election:

            (a)         the secretary must open all the unmarked envelopes, extract the ballot papers, reject all ballot papers that are informal and count the number of ballot papers remaining;

            (b)         the secretary must conduct the count for an election in which only 1 vacancy is to be filled, or for the filling of the first vacancy in an election, as follows:

                  (i)         the secretary must count to each candidate the ballot papers indicating a first preference vote for that candidate and, if the candidate with the largest number of ballot papers counted to him or her has an absolute majority, declare that candidate to be elected;

                  (ii)         if no candidate has an absolute majority on the first count, the secretary must exclude the candidate with the fewest ballot papers counted to him or her from the count and count each of the excluded candidate's ballot papers to a continuing candidate according to the next preference indicated on the ballot paper;

                  (iii)         if a candidate then has an absolute majority, the secretary must declare that candidate to be elected, but, if not, the secretary must repeat the process of excluding the candidate with the fewest ballot papers from the count and counting each of the excluded candidate's ballot papers to a continuing candidate according to the next preference indicated on the ballot paper until a candidate has an absolute majority;

                  (iv)         the secretary must, when an absolute majority of the ballot papers is counted to a candidate, declare that candidate to be elected;

            (c)         the secretary must conduct the count for the filling of the second vacancy in an election as follows:

                  (i)         the secretary must count to each candidate (other than the elected candidate) each ballot paper indicating a first preference vote for that candidate and count each ballot paper indicating a first preference vote for the elected candidate to another candidate according to the next preference indicated on the ballot paper;

                  (ii)         if the candidate with the largest number of ballot papers counted to him or her has an absolute majority, the secretary must declare that candidate to be elected, but, if not, the secretary must proceed with the count as provided by paragraph (b)(ii) and (iii) and, when an absolute majority of the ballot papers is counted to a candidate, declare that candidate to be elected.

        (3)         For the purposes of subregulation (2)—

            (a)         a reference to an "absolute majority" is a reference to more than one-half of the ballot papers other than those that have been rejected as informal and those that have been set aside as exhausted;

            (b)         a reference to a "continuing candidate" is a reference to a candidate—

                  (i)         who has not been excluded from the count; and

                  (ii)         in relation to a count for the filling of a second vacancy, who has not been declared to be elected on the count for the filling of the first vacancy;

            (c)         if a ballot paper is required to be counted to a continuing candidate according to the next preference indicated on the ballot paper but there is no further preference indicated on it for a continuing candidate, the ballot paper must be set aside from the count as exhausted;

            (d)         if at any stage of the count 2 or more candidates have an equal number of ballot papers counted to them and 1 is required to be excluded from the count, the secretary must decide, by lot, which of them is to be excluded;

            (e)         if 2 candidates remain in the count but have an equal number of ballot papers counted to them, the secretary must decide, by lot, which of them is to be elected.

        (4)         The secretary may not vote in an election.



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