SCHEDULE 4 - Method of counting votes recorded at assembly election

Sections 145 and 232

1.    Interpretation

(1) In this Schedule, unless the contrary intention appears –

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

second preference recorded for a candidate means the recording of the number "2" in the box next to the name of a candidate on a ballot paper;

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

transfer value means that portion of a vote which is transferred to the candidate next in the order of the elector's preference because it is unused by –

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

(b) a candidate excluded on account of his or her having the least number of votes.

(2) For the purpose of the definition of "transfer value" in subclause (1) , the transfer value of a vote is either one or a fraction of one.

2.    First preference votes to be counted

The number of first preferences recorded for each candidate, on ballot papers which are not informal ballot papers, is to be counted.

3.    Quota

The aggregate number of first preferences so recorded is to be divided by one more than the number of candidates required to be elected, and the quotient increased by one, disregarding any remainder, is to be the quota and (except as provided in clause 11 ) no candidate is to be elected until he or she obtains a number of votes equal to or greater than the quota.

4.    Candidate with quota to be elected

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

5.    Candidate with exact 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.

6.    Surplus first preference votes to be distributed

If the number of first preferences obtained by a candidate is in excess of the quota, the surplus is to be transferred to the other candidates not yet declared 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 13 , 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 to be the transfer value;

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

(d) the resulting number, disregarding any fractional remainder, is to be transferred to each unelected candidate, and added to the number of votes obtained by him or her on the counting of the first preferences.

7.    Order of distributing surpluses

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

(2) If 2 or more surpluses are equal, the surplus of the candidate who was recorded as having the highest number of votes at the last count or transfer at which the candidates had an unequal number of votes is to be dealt with first, and, if the candidates have had an equal number of votes at all preceding counts or transfers, the candidate whose surplus is to be dealt with first is to be determined by an approved method.

8.    Method of dealing with surplus votes obtained at transfer of surplus

(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 under clause 6 , the candidate is to be declared elected.

(2) In a case to which subclause (1) applies, 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 candidate, but no votes of any other candidate are to be transferred to him or her.

(3) If the number of votes obtained by a candidate is increased by a transfer under clause 6 to a number which is equal to the quota, all the ballot papers on which such 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 under clause 6 to a number which exceeds the quota, his or her surplus is to be transferred to the candidates next in the order of the electors' 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, or, in the case provided for in clause 13 , 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 ballot papers mentioned in paragraph (a) , and the resulting fraction is to be the transfer value;

(c) the number of third or other preferences, ascertained in accordance with paragraph (a) as having been recorded for each unelected candidate, is to be multiplied by the last-mentioned transfer value;

(d) the resulting number, disregarding any fractional remainder, is to be credited to each unelected candidate and added to the number of votes previously obtained by him or her.

9.    Method of transferring votes of excluded candidates

(1) If, after the first preferences have been counted and all surpluses, if any, have been transferred as provided by this Schedule, no candidate, or less than the number of candidates required to be elected, has or have obtained the quota, the candidate who, at that count or transfer, has the least number of votes is to be excluded, and all the votes obtained by him or her are to be transferred to the candidates next in the order of the electors' respective preferences, in the same manner as provided by clause 6 .

(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 of the transfers which takes place under subclause (3) is to be taken for all purposes to be a separate transfer.

10.    Method of dealing with surplus votes obtained at transfer from excluded candidate

(1) If the number of votes obtained by a candidate is increased by a transfer under subclause (4) , clause 9 or clause 11 to a number which is equal to, or exceeds, the quota, the candidate is to be declared elected.

(2) In a case to which subclause (1) applies, 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 him or her, but no other votes are to be transferred to him or her.

(3) If, by a transfer under subclause (4) , clause 9 or clause 11 , the number of votes obtained by a candidate is increased 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, by a transfer under this subclause, clause 9 or clause 11 , the number of votes obtained by a candidate is increased to a number which exceeds the quota, his or her 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 8(4) , but, in the case of a transfer of the votes of an excluded candidate under clause 9 or 11 , that surplus is not to be dealt with until all the votes of that excluded candidate have been transferred.

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

11.    Exclusion of candidates to continue

The process of excluding the candidate who has polled the next lowest number of votes at the election and transferring to other candidates his or her votes, in accordance with clause 9 , 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 so declared are then to be declared elected.

12.    Candidates with equal number of votes

If on any count 2 or more candidates have an equal number of votes and one of them is to be excluded, then whichever of those candidates was recorded as having the least number of votes at the last count or transfer at which they had an unequal number of votes is to be excluded, and, if those candidates have had an equal number of votes at all preceding counts or transfers, the candidate to be excluded is to be determined by an approved method.

13.    Next available preferences

In determining which candidate is next in the order of an elector's preference, any candidates who have been declared elected or who have been excluded are not to be considered, and 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.

14.    Ballot paper taken to be exhausted

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 who has been declared elected or excluded, the ballot paper is to be set aside as exhausted.