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ELECTORAL ACT 2004 (NO. 51 OF 2004) - SCHEDULE 5 - Method of counting votes recorded at council election

ELECTORAL ACT 2004 (NO. 51 OF 2004) - SCHEDULE 5

- Method of counting votes recorded at council election

SCHEDULE 5 - Method of counting votes recorded at council election

Section 145

1.    Interpretation
In this Schedule, a reference to an absolute majority of votes, in relation to a candidate at an election, is a reference to a number of votes greater than one-half of the total number of ballot papers on which electors have recorded their votes for the candidate at the election, other than exhausted and informal ballot papers.
2.    First preference votes to be counted
The number of first preferences recorded for each candidate is to be counted, and all informal ballot papers are to be rejected.
3.    Candidate with absolute majority of votes to be elected
If a candidate obtains an absolute majority of votes, he or she is to be elected.
4.    Candidate with fewest votes to be excluded
If no candidate has an absolute majority of votes, the candidate who has the least number of votes is to be excluded, and each ballot paper counted to him or her is, unless exhausted, to be counted to the unexcluded candidate next in the order of the elector's preference.
5.    Exclusion of candidates to continue
If no candidate then has an absolute majority of votes, the process, as specified in clause 4 , of excluding the candidate who has the fewest votes and counting each of the ballot papers counted to him or her, unless exhausted, to the unexcluded candidate next in the order of the elector's preference is to be repeated until one candidate has an absolute majority of votes.
6.    Formal ballot papers to be counted until exhausted
Every ballot paper not rejected as informal is to be counted in every count until it becomes exhausted, and then is to be rejected in all further counts.
7.    Ballot paper taken to be exhausted
When a candidate is excluded, any ballot paper counted to him or her is to be taken to be exhausted if there is not indicated on it a consecutive preference for one unexcluded candidate.
8.    Candidates with equal number of votes
(1) 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 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, the candidate to be excluded is to be determined by an approved method.
(2) If following the final count a candidate is excluded in accordance with subclause (1) and only one unexcluded candidate remains, that unexcluded candidate is to be elected.