New South Wales Repealed Regulations

This legislation has been repealed.

CHARLES STURT UNIVERSITY BY-LAW 1995 - REG 33

33 Determination of election result where only one candidate is to be elected

(1) In this clause, "absolute majority of votes" means a number greater than one half of the total number of formal ballot papers counted.

(2) If at an election only one candidate is to be elected, the method of counting votes is as provided by this clause.

(3) The total number of first preference votes given to each candidate must be counted.

(4) If at the election a candidate has an absolute majority of votes, the returning officer must declare the candidate to be elected. However, if at the election no candidate has an absolute majority of votes, then:

(a) the candidate who has the fewest votes must be excluded, and

(b) each ballot paper allocated to the excluded candidate must be reallocated to the continuing candidate next in order of the elector’s preference.

(5) The returning officer must then conduct a second count. If any candidate then has an absolute majority of votes, the returning officer must declare the candidate to be elected. However, if no candidate then has an absolute majority of votes, the processes of:

(a) excluding the candidate who has the fewest votes, and

(b) allocating each voting paper counted to the excluded candidate to the continuing candidate next in order of the elector’s preference, and

(c) conducting a further count,

must be repeated until one candidate has an absolute majority of votes. The returning officer must then declare that candidate to be elected.

(6) If, after any count other than the final count, 2 or more candidates have an equal number of votes and one such candidate has to be excluded, the returning officer must determine by lot which of them is to be excluded. The determination by lot is to be conducted as follows:

(a) the name of each of the candidates is to be written on separate and similar slips of paper, and

(b) the slips must then be folded so as to prevent identification, and

(c) those slips are then to be mixed and one slip is to be drawn at random, and

(d) the candidate whose name is drawn is to be excluded.

(7) If, at the stage when only 2 continuing candidates remain, those candidates have an equal number of votes, the returning officer must determine by lot which of them must be elected. The determination by lot is to be conducted as follows:

(a) the name of each candidate concerned is to be written on separate and similar slips of paper, and

(b) the slips must then be folded so as to prevent identification, and

(c) those slips are then to be mixed and one slip is to be drawn at random, and

(d) the candidate whose name is drawn is to be elected.

The candidate so elected is taken to have received an additional vote.