New South Wales Consolidated Regulations

UNIVERSITY OF WESTERN SYDNEY BY-LAW 2005 - REG 41

41 Counting of votes

(1) Votes must be counted by the returning officer in accordance with this clause.

(2) The returning officer must count the number of first preference votes for each candidate.

(3) If the candidate who has the highest number of first preference votes has an absolute majority of votes, the returning officer is to declare that candidate elected.

(4) If no candidate has an absolute majority of votes, the returning officer must exclude the candidate who has received the fewest number of first preference votes and each of the ballot papers counted to that candidate is to be counted to the continuing candidate next in order of the voter’s preference.

(5) If 2 or more candidates have an equal number of votes at the time that it is necessary to exclude one of them, the candidate to be excluded is to be determined by lot.

(6) The process referred to in subclauses (4) and (5) is to be continued until:

(a) one continuing candidate has an absolute majority of votes, in which case that candidate is to be declared elected, or

(b) there are only 2 continuing candidates who do not have an equal number of votes, in which case the candidate with the larger number of votes is to be declared elected (even if the number of votes is below an absolute majority of votes), or

(c) there are only 2 continuing candidates who have an equal number of votes, in which case the candidate to be elected is to be determined by lot and the successful candidate is to be declared elected.

(7) In this clause, a reference to a vote is a reference to a formal vote.