SCHEDULE 7 - Counting of Votes

Sections 299 and 301

PART 1 - General

1.    Interpretation

(1) In this Schedule –

absolute majority of votes , in relation to a candidate, is a number of votes which is greater than one-half of the total number of ballot papers, other than exhausted and informal ballot papers, on which electors have recorded their votes for the candidate;

informal ballot paper means a ballot paper which is informal as specified in section 300 ;

quota means the number of votes sufficient to elect a candidate;

second preference recorded for a candidate means the preference on a ballot paper recorded by the number "2" in the square opposite the name of the candidate on the ballot paper;

surplus means the number of votes which a candidate obtained at any stage of the counting of votes in excess of the quota;

transfer value means that portion of a vote which is unused by –

(a) an elected candidate who has obtained a surplus; or

(b) a candidate excluded on account of being lowest on the poll and which is transferred to the candidate next in the order of the elector's preference.

(2) For the purpose of the definition of "transfer value" , the transfer value is either one or a fraction of one.

PART 2 - Mayoral or Councillor Elections

2.    First preferences

(1) The number of first preferences recorded for each candidate is to be counted and all informal ballot papers are to be rejected.

(2) The candidate who obtains an absolute majority of votes is to be elected.

3.    Second and subsequent preferences

(1) If no candidate has an absolute majority of votes, the candidate who has the fewest votes is to be excluded and each ballot paper counted to that candidate, unless exhausted, is to be counted to the unexcluded candidate next in the order of the elector's preference.

(2) The process specified in subclause (1) is to be repeated until one candidate has an absolute majority of votes.

4.    Ballot paper counted and exhausted

(1) Every ballot paper, not rejected as informal, is to be counted in every count until it becomes exhausted, when it is to be rejected in all further counts.

(2) If a candidate is excluded, any ballot paper counted to the candidate is exhausted if there is not indicated on it a consecutive preference for one or more unexcluded candidates.

5.    Returning officer to decide exclusion and election

(1) 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 is to decide which candidate is to be excluded by the drawing or casting of lots in the prescribed manner.

(2) If in the final count, 2 candidates have an equal number of votes, the returning officer is to decide which of them is to be elected by the drawing or casting of lots in the prescribed manner.

PART 3 - Councillor Elections

6.    Quota

(1) The quota is calculated in accordance with the following formula:

where –

Q is the quota;

FP is the total number of first preferences;

C is the total number of candidates to be elected.

(2) Any remainder in calculating the quota is to be disregarded.

(3) Subject to clause 13 (6) , a candidate is not to be elected until the candidate obtains a number of votes equal to or greater than the quota.

7.    First preferences

(1) The number of first preferences recorded for each candidate is to be counted and all informal ballot papers are to be rejected.

(2) .  .  .  .  .  .  .  .  

(3) A candidate who, after the first preferences have been counted, has a number of preferences equal to or greater than the quota, is to be elected.

8.    First preferences equal to quota

If the number of first preferences obtained by a candidate is equal to the quota, all the ballot papers on which a first preference is recorded for that candidate are to be set aside as finally dealt with.

9.    First preferences in excess of quota

If the number of first preferences obtained by a candidate exceeds the quota, the proportion of those preferences in excess of the quota is to be transferred to the other candidates not yet elected next in the order of the electors' respective preferences in the following manner:

(a) all the ballot papers on which a first preference is recorded for the elected candidate are to be re-examined and the number of second preferences, or in the case provided for in clause 10 , third or next consecutive preferences, recorded for each unelected candidate are to be counted.

(b) the surplus of the elected candidate is to be divided by the total number of votes obtained by the candidate on the counting of the first preferences and the resulting fraction is the transfer value;

(c) the number of second or other preferences recorded for each unelected candidate is to be multiplied by the transfer value;

(d) the resulting number of votes, truncated to 2 decimal places, is to be transferred to each unelected candidate and added to the number of votes obtained by the candidate on the counting of the first preferences.

10.    Surplus

(1) If, on the counting of the first preferences or on a transfer, more than one candidate has a surplus, the largest surplus is to be dealt with first.

(2) If at that stage more than one candidate has a surplus, the then largest surplus is to be dealt with next, and so on.

(3) If one candidate has obtained a surplus at a count or transfer previous to that at which another candidate obtains a surplus, the surplus of the former is to be dealt with first.

(4) If 2 or more surpluses are equal, the surplus of the candidate who was the highest at the count or transfer at which they last had an unequal number of votes is to be dealt with first.

(5) If the 2 or more candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which candidate's surplus is to be dealt with first.

11.    Quota by transfer

(1) If the number of votes obtained by a candidate is increased to a number which is equal to, or exceeds, the quota by a transfer, the candidate is to be elected.

(2) Notwithstanding the fact that the candidate has reached the quota, the transfer is to be completed and all the votes to which the candidate is entitled from the transfer are to be transferred to the candidates, but no votes of any other candidate are to be transferred to the candidate.

(3) If the number of votes obtained by a candidate is increased by a transfer to a number which is equal to the quota, all of the ballot papers on which the votes are recorded are to be set aside as finally dealt with.

(4) If the number of votes obtained by a candidate is increased by a transfer to a number which exceeds the quota, the surplus is to be transferred to the candidates next in the order of the voters' respective preferences, in the following manner:

(a) the ballot papers on which are recorded the votes obtained by the elected candidate in the last transfer are to be re-examined and the number of third preferences, or in the case provided for in clause 10 , next consecutive preferences, recorded for each unelected candidate counted;

(b) the surplus of the elected candidate is to be divided by the total number of ballot papers mentioned in paragraph (a) and the resulting fraction is the transfer value;

(c) the number of third or other preferences recorded for each unelected candidate is to be multiplied by the transfer value;

(d) the resulting number, truncated to 2 decimal places, is to be credited to each unelected candidate and added to the number of votes previously obtained by the candidate.

12.    Transfer of votes

(1) If, after the first preferences have been counted and any surplus has been transferred, no candidate, or less than the number of candidates required to be elected, has obtained the quota –

(a) the candidate who at that time, has the least number of first preference votes transferred is to be excluded; and

(b) all the votes obtained by that candidate are to be transferred to the candidates next in the order of the electors' respective preferences in the same manner as provided by clause 4 .

(2) The votes received by the excluded candidate are to be sorted into groups according to their transfer values when received by that candidate.

(3) The groups are to be transferred at the transfer value at which they were received in the following order:

(a) firstly, the group with the highest transfer value;

(b) secondly, the remaining groups in descending order of transfer value.

(4) Each transfer under subclause (3) is a separate transfer.

13.    Votes increased by transfer

(1) If the number of votes obtained by a candidate by a transfer is increased to a number which is equal to, or exceeds, the quota the candidate is to be elected.

(2) Notwithstanding that the candidate has reached the quota, the transfer is to be completed and all the votes to which the candidate is entitled from the transfer are to be transferred to the candidate, but no other votes are to be transferred.

(3) If the number of votes obtained by a candidate is increased by a transfer to a number of votes which is equal to, but does not exceed, the quota, all the ballot papers on which those votes are recorded are to be set aside as finally dealt with.

(4) If the number of votes obtained by a candidate is increased by a transfer to a number which exceeds the quota, the surplus is to be transferred to the candidates next in the order of the electors' respective preferences in the same manner as provided by clause 11 (4) , but that surplus is not to be dealt with until all the votes of the excluded candidate have been transferred.

(5) If there is a surplus, it is to be dealt with before any other candidate is excluded.

(6) The process of excluding the candidate who has polled the next lowest number of votes and transferring the vote to other candidates is to be repeated until all the candidates, except the number required to be elected, have been excluded and the unexcluded candidates who have not already been elected are then elected.

14.    Order of preference

In determining which candidate is next in the order of an elector's preference –

(a) any candidate who has been elected or excluded is not to be considered; and

(b) the order of the elector's preference is to be determined as if the names of those candidates had not been on the ballot paper.

15.    Exclusion of candidates

(1) If it is necessary to exclude a candidate, and 2 or more candidates have an equal number of votes, having at that time the least number of first preference votes transferred to them, whichever of those candidates was the lowest on the poll at the last count or transfer at which they had an unequal number of votes is excluded first.

(2) If the candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which candidate is to be excluded first by the drawing or casting of lots in the prescribed manner.

16.    Exhausted ballot paper

If, on a transfer, it is found that on a ballot paper there is no candidate opposite whose name a number is placed, other than a candidate whose name has already been elected or excluded, the ballot paper is to be set aside as exhausted.

17.    Order of election

(1) The order of election of councillors is the order in which the candidates receive a quota.

(2) If more than one candidate receives a quota at the same count or transfer, the candidate with the highest number of votes is elected first, the candidate with the next highest number of votes is elected second and so on.

(3) If under clause 13(6) one candidate is elected without a quota, that candidate is elected last.

(4) If under clause 13(6) more than one candidate is elected without a quota and it is necessary to determine the order of election of those candidates for any reason, the votes received by the remaining unelected candidates are to be distributed until only one candidate has received less than a quota.