Commonwealth Consolidated Regulations(regulation 16)
Procedure for counting votes
1. In this Schedule, continuing candidate means a candidate not already
elected or excluded from the count.
2. The Returning Officer shall reject and place in a separate parcel all
informal ballot-papers.
3. The Returning Officer shall arrange the unrejected ballot-papers under the
names of the respective candidates by placing in a separate parcel all those
on which a first preference is indicated for the same candidate.
4. The Returning Officer shall count the first preference votes given for each
candidate on all unrejected ballot-papers.
5. The Returning Officer shall then determine a quota by dividing the total
number of first preference votes by one more than the number of candidates
required to be elected and by increasing the quotient so obtained
(disregarding any remainder) by one.
6. Any candidate who has received a number of first preference votes equal to
or greater than the quota so determined shall be elected.
7. Where the number of first preference votes received by a candidate is equal
to the quota, the whole of the ballot-papers containing those votes shall be
set aside as finally dealt with.
8. Unless all vacancies have been filled, the surplus votes (that is, any
number in excess of the quota) of each elected candidate shall be transferred
to the continuing candidates, in proportion to the voter's preference, as
follows:
9. When the surplus votes of all elected candidates have
been transferred to the continuing candidates as provided by paragraph 8, any
continuing candidate who has received a number of votes equal to or greater
than the quota shall be elected. Unless all the vacancies have been filled,
the surplus votes of the elected candidate shall be transferred to the
continuing candidates in
accordance with the provisions of paragraph 8, but, in the application of
those provisions, only those ballot-papers that have been transferred to the
elected candidate from a candidate previously elected shall be taken into
consideration.
10. If, as a result of the transfer of the surplus votes of a candidate
elected in pursuance of paragraph 9, or elected at a later stage of the
scrutiny, a continuing candidate has received a number of votes equal to or
greater than the quota, he shall be elected. Unless all the vacancies have
been filled, the surplus votes of the elected candidate shall be transferred
to the continuing candidates in accordance with the provisions of paragraph 8,
but, in the application of those provisions, only those ballot-papers that
have been transferred to the elected candidate from the candidate or
candidates elected at the last preceding count shall be taken into
consideration.
11. The ballot-papers containing the first preference votes of a candidate who
has been elected in pursuance of the provisions of paragraph 9 or 10, together
with the ballot-papers transferred to him from a candidate previously elected
or excluded that have not been further transferred, shall be set aside as
finally dealt with.
12 If, after the count of the first preference votes or after the transfer of
the surplus votes of the elected candidates, no candidate has, or less than
the number of candidates required to be elected have, received a number of
votes equal to the quota, the candidate who has the fewest votes shall be
excluded and the whole of his ballot-papers shall be transferred by the
Returning Officer to the continuing candidates next in order of the voters'
available preferences.
13. If thereupon, or as the result of the exclusion of a candidate at any
subsequent stage of the scrutiny, a continuing candidate has received a number
of votes equal to or greater than the quota, he shall be elected. Unless all
vacancies have been filled, the surplus votes of the elected candidate shall
be transferred to the continuing candidates in accordance with the provisions
of paragraph 8, but, in the application of those provisions, only those
ballot-papers that have been transferred to the elected candidate from the
candidate last excluded shall be taken into consideration. The ballot-papers
containing the first preference votes of the elected candidate, together with
the ballot-papers transferred to him from a candidate previously elected or
excluded that have not been further transferred, shall be set aside as finally
dealt with. If no continuing candidate has received a number of votes equal to
the quota, the process of excluding the candidate with the fewest votes and
the transferring of ballot-papers containing those votes to the continuing
candidates shall be repeated by the Returning Officer until a continuing
candidate has received a number of votes equal to the quota or, in respect of
the last vacancy, a majority of the votes remaining in the count, but the
process of excluding candidates shall not be repeated after the number of
continuing candidates is equal to the number of unfilled vacancies.
14. A continuing candidate who has received a number of votes equal to the
quota shall be elected.
15. After all the candidates who have received a number of votes equal to the
quota are elected:
shall be elected.
16. Where, on the count of the first
preference votes, or at the same time at any subsequent stage of the scrutiny,
2 or more candidates are elected by reason of their having received a number
of votes equal to or greater than the quota, any transfer of the surplus votes
of those candidates shall be carried out in the order, first of the candidate
with the largest surplus, second of the candidate with the next largest
surplus, and so on.
17. Notwithstanding anything contained in the preceding provisions of this
Schedule, a transfer of the surplus votes of an elected candidate shall be
deferred (but without affecting the order of that transfer) so long as the
total number of those surplus votes is less than the difference between the
total votes of the 2 continuing candidates with the fewest votes. In that
case, unless all vacancies have been filled, the candidate with the fewest
votes shall be first excluded and the ballot-papers containing his votes shall
be transferred to the continuing candidates as provided by paragraph 12.
18. If on any count 2 or more candidates have an equal number of votes and one
of them has to be excluded, the Returning Officer shall decide by lot which
shall be excluded. If, at the time of their election, 2 or more candidates
have an equal number of votes, the Returning Officer shall decide by lot the
order of election of those candidates and the order of the transfer of their
surplus votes. If in the final count for filling the last vacancy 2 candidates
have an equal number of votes, the Returning Officer shall decide by lot which
candidate shall be elected.
19. If, on the count of the first preferences, or at the same time at any
subsequent stage of the scrutiny, 2 or more candidates are elected by reason
of
their having received a number of votes equal to or greater than the quota,
the election of those candidates shall be deemed to have been in the order,
first of the candidate with the largest surplus, second of the candidate with
the next largest surplus, and so on.
20. Where on a transfer it is found that a ballot-paper:
the ballot-paper shall be set aside as finally dealt with.