LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 98
Counting of votes for first-past-the-post system
LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 98
Counting of votes for first-past-the-post system
98 Counting of votes for first-past-the-post system
(1) This section applies for counting votes in an election in which the system
of voting is first-past-the-post voting.
(2) If only 1 person is to be
elected, the candidate who receives the majority of votes is elected.
(3) If
subsection (2) can not be applied because 2 or more candidates have an equal
number of votes, the candidate whose name is recorded under subsection (7) (g)
is elected.
(4) If 2 or more persons are to be elected (as councillors)—the
candidates elected are—
(a) the candidate who receives the majority of
votes; and
(b) the candidates who receive the next highest number of votes,
up to the number of persons to be elected.
Note—
A candidate who receives
no votes has a number of votes that is 0.
(5) If—
(a) subsection (4) can
not be applied because 2 or more candidates (the
"tied candidates" ) have an equal number of votes; and
(b) the number of
tied candidates, together with any candidates already elected under subsection
(4) , is more than the number of persons to be elected;
the candidate whose
name is recorded under subsection (7) (g) is elected.
Note—
A candidate who
receives no votes has a number of votes that is 0.
(6) To remove any doubt,
it is declared that, if—
(a) subsection (4) can not be applied there are
tied candidates; and
(b) the number of tied candidates, together with any
candidates already elected under subsection (4) , is not more than the number
of persons to be elected;
If three persons remain to be elected and the 2 candidates
with the highest number of votes have an equal number of votes, the candidates
are elected and then only 1 person would remain to be elected.
(7) The
returning officer must, in the presence of 2 witnesses—
(a) prepare a list
of the candidates; and
(b) assign a different number or colour to each
candidate; and
(c) place only the marbles, balls or other similar things (
"marbles" ), complying with subsection (8) , in an opaque container large
enough to allow the marbles in it to move about freely when it is rotated; and
(d) rotate the container and permit another person present who wishes to do so
to rotate it; and
(e) raise the container so that its contents can not be
seen; and
(f) while the container is raised, take 1 of the marbles out of it
or allow 1 of the marbles to come out of it; and
(g) record the name of the
candidate assigned the numbered or coloured marble that, under paragraph (f) ,
is taken or allowed to come out of the container.