Commonwealth Numbered Acts

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AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 19

Counting votes: exclusion from distribution of seats
19. (1) The total number (called the "base number") of first preference votes
received by each party and by each independent candidate shall be counted,
and, for this purpose, where an elector has expressed a first preference for a
candidate of a party, the party is treated as receiving one first preference
vote.

(2) The sum of the base numbers shall be divided by a number equal to the sum
of 1 and the number of members to be elected to the Assembly and the result of
that division (disregarding any remainder) shall be increased by 1.

(3) All parties and independent candidates whose base numbers are less than
the result of the calculation under subsection (2) shall be excluded from
participation in the distribution of seats.

(4) Where a ballot-paper indicates a first preference vote for an excluded
party or independent candidate, the vote given by that ballot-paper shall be
transferred to, and added to the base number of, the party, the party of the
candidate, or the independent candidate, not excluded, for whom the
ballot-paper indicates the next available preference (if any).

(5) Where:

   (a)  a party is excluded;

   (b)  a ballot-paper that indicates a first preference vote for that party
        or a candidate of that party does not indicate a preference for
        another party, a candidate of another party, or an
        independent candidate; and

   (c)  that excluded party has a party voting ticket registered for the
        purposes of the election that indicates a next available preference
        for a party, a candidate of a party, or an independent candidate, not
        excluded; the vote shall be transferred to, and added to the
        base number of, the party, the party of the candidate, or the
        independent candidate, with that preference. 


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