ELECTORAL ACT 2002 - SECT 114A Procedure for ascertaining number of votes for Council candidates
ELECTORAL ACT 2002 - SECT 114A
Procedure for ascertaining number of votes for Council candidates(1) The result of a Council election is to be determined as set out in this section.
(2) In this section—
"continuing candidate" means a candidate not already elected or excluded from the count;
"quota" means the number determined by dividing the number of first preference votes by 1 more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by 1;
"surplus votes" means the number, if any, of votes in excess of the quota of each elected candidate.
(3) A reference to votes of or obtained or received by a candidate includes votes obtained or received by the candidate on any transfer.
(4) Subsections (2) to (4) of section 113 are to be followed as if a reference to the ballot-box containing ballot-papers used for an Assembly election were a reference to a ballot-box containing ballot-papers used for a Council election.
(5) A quota is to be determined.
(6) Any candidate who has received a number of first preference votes equal to or greater than the quota is to be declared elected by the election manager.
(7) Unless all the vacancies have been filled, the surplus votes of each elected candidate are to be transferred to the continuing candidates as follows—
(a) the number of surplus votes of the elected candidate is to be divided by the number of first preference votes received by the elected candidate and the resulting fraction is the transfer value;
(b) the total number of ballot-papers of the elected candidate that express the first preference vote for the elected candidate and the next available preference for a particular continuing candidate is to be multiplied by the transfer value;
(c) the number obtained under paragraph (b) (disregarding any fraction) is to be added to the number of first preference votes of the continuing candidate and all those ballot‑papers are to be transferred to the continuing candidate.
(8) Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any transfer under subsection (7) is to be declared elected by the election manager.
(9) Unless all the vacancies have been filled, the surplus votes, if any, of any candidate elected under subsection (8) or elected subsequently under this subsection are to be transferred to the continuing candidates in accordance with subsection (7) and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of the transfer is to be declared elected by the election manager.
(10) If a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer of the surplus votes of a particular elected candidate under subsection (7) or (9), no votes of any other candidate are to be transferred to the continuing candidate.
(11) For the purposes of the application of subsection (7) in relation to a transfer of the surplus votes of an elected candidate under subsection (9) or (14), each ballot-paper of the elected candidate obtained by the elected candidate on a transfer is to be dealt with as if—
(a) any vote it expressed for the elected candidate were a first preference vote; and
(b) the name of any other candidate previously elected or excluded had not been on the ballot-paper; and
(c) the numbers indicating subsequent preferences had been altered accordingly.
(12) If, after the counting of first preference votes or the transfer of any surplus votes of elected candidates, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes is to be excluded and all that candidate's votes are to be transferred to the continuing candidates as follows—
(a) the total number of ballot-papers of the excluded candidate that express the first preference vote for the excluded candidate and the next available preference for a particular continuing candidate are to be transferred at a transfer value of 1 for each ballot-paper and added to the number of votes of the continuing candidate and all those ballot-papers are to be transferred to the continuing candidate;
(b) the total number, if any, of other votes obtained by the excluded candidate on transfers are to be transferred from the excluded candidate beginning with the highest transfer value and ending with the ballot papers received at the lowest transfer value, as follows—
(i) the total number of ballot-papers received by the excluded candidate at a particular transfer value and expressing the next available preference for a particular continuing candidate is to be multiplied by that transfer value; and
(ii) the number so obtained (disregarding any fraction) is to be added to the number of votes of the continuing candidate; and
(iii) all those ballot-papers are to be transferred to the continuing candidate.
(13) Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer of votes of an excluded candidate under subsection (12) or (16) is to be declared elected by the election manager.
(14) Subject to subsection (15), unless all the vacancies have been filled, the surplus votes, if any, of a candidate elected under subsection (13) are to be transferred in accordance with subsection (7).
(15) If a candidate elected under subsection (13) is elected before all the votes of the excluded candidate have been transferred, the surplus votes, if any, of the elected candidate are not to be transferred until the remaining votes of the excluded candidate have been transferred in accordance with subsection (12) to continuing candidates.
(16) Subject to subsection (18), if after the transfer of all the votes of an excluded candidate no continuing candidate has received a number of votes greater than the quota—
(a) the continuing candidate who has the fewest votes must be excluded; and
(b) that candidate's votes must be transferred in accordance with subsection (12).
(17) If a candidate is elected as a result of a transfer of ballot-papers under subsections (12) and (16), no other ballot-papers of an excluded candidate are to be transferred to the candidate so elected.
(18) In respect of the last vacancy for which 2 continuing candidates remain, the continuing candidate who has the larger number of votes is to be elected notwithstanding that that number is below the quota.
(19) Despite any other provision of this section, if the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates are to be declared elected by the election manager.
(20) Subject to subsections (21), (22) and (23), if after any count or transfer, 2 or more candidates have surplus votes the order of any transfers of the surplus votes of those candidates is to be in accordance with the relative size of the surpluses, the largest surplus being transferred first.
(21) Subject to subsection (23), if after any count or transfer, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates is to be in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count or transfer being transferred first.
(22) For the purposes of subsection (21), if there has been no count or transfer the election manager must determine the order in which the surpluses are to be dealt with.
(23) If after any count or transfer, a candidate obtains surplus votes, those surplus votes are not to be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count or transfer.
(24) If on any count or transfer 2 or more candidates have the fewest number of votes and the candidate who has the fewest number of votes is required to be excluded, the result is to be determined—
(a) by declaring whichever of those candidates had the fewest votes at the last count at which those candidates had a different number of votes to be excluded; or
(b) if a result is still not obtained or there has been no count or transfer, by lot by the election manager.
(25) If on the final count or transfer 2 candidates have an equal number of votes, the result is to be determined by lot by the election manager.
(26) If a candidate is elected by reason that—
(a) the number of first preference votes received by the candidate; or
(b) the aggregate of first preference votes received by the candidate and all other votes obtained by the candidate on transfers—
is equal to the quota, all the ballot-papers expressing those votes are to be set aside as finally dealt with.
(27) In any case in which section 93A(4) applies, a vote marked on the ballot-paper opposite the name of a deceased candidate must be counted to the candidate next in order of the voter's preference, and the numbers indicating subsequent preferences shall be taken to be altered accordingly.
(28) For the purposes of this section each of the following constitutes a separate transfer—
(a) a transfer under subsection (7), (9) or (14) of all the surplus votes of an elected candidate;
(b) a transfer in accordance with subsection (12)(a) of all first preference votes of an excluded candidate;
S. 114A(28)(c) substituted by No. 30/2018 s. 36.
(c) a transfer to a candidate in accordance with subsection (12)(b) of all of the votes of an excluded candidate or candidates, as the case may be, at a particular transfer value.