Victorian Consolidated Legislation

Local Government Act 1989 - SCHEDULE 3

PROVISIONS WITH RESPECT TO VOTING AND THE COUNTING OF VOTES AND POLLS OF
VOTERS Section 42



1. Marking of ballot-papers



(1) A person must mark his or her vote on the ballot-paper in the prescribed
manner.

(2) A ballot-paper can only be rejected if it is not marked as prescribed.

(3) Except as otherwise expressly provided, a ballot-paper is to be given
effect to according to the voter's intention so far as the voter's intention
is clear.

2. Disadvantaged voters



(1) This clause applies to any voter who-

   (a)  is wholly or partially blind; or

   (b)  is unable to read or write; or

   (c)  has severe difficulty in reading or writing; or

   (d)  is not sufficiently familiar with the English language to vote without
        assistance and an interpreter is not available.

(2) After receiving a ballot-paper, the voter may request-

   (a)  a person nominated by the voter; or

   (b)  an authorised person-

to assist the voter to mark the ballot-paper or to mark the ballot-paper as
the voter instructs.

(2A) The voter may also request-

   (a)  a person nominated by the voter; or

   (b)  an authorised person-

to complete any certificate or declaration that must accompany a postal vote
or to sign such a certificate or declaration on the voter's behalf.

(3) If the voter makes the request at a voting centre, an authorised person
must be present when the ballot-paper is marked and at the request of the
voter may inspect the ballot-paper before it is placed in the ballot-box.

(4) The voter may indicate the manner in which he or she wants to mark his or
her vote by presenting a statement in writing.

(5) If subclause (3) applies, the person assisting the voter must without
allowing the manner in which the ballot-paper has been marked to be disclosed,
deposit it in the ballot-box and leave the voting centre.



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5. Place where votes to be counted



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(2) The returning officer must advise each candidate before election day where
the count is to be made.

5A. Use of electronic counting equipment and systems



(1) The returning officer may use electronic counting equipment and systems to
assist in the counting of votes at an election.

(2) The regulations may-

   (a)  modify the procedure specified in this Schedule to facilitate the use
        of electronic counting equipment and systems;

   (b)  prescribe types of electronic counting equipment and systems.



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9. Only two candidates

If only 1 Councillor is to be elected and there are only 2 candidates the
result is to be determined as follows-

   (a)  the candidate who has received the greater number of first preference
        votes is to be declared elected by the returning officer;

   (b)  if the 2 candidates have received an equal number of votes the result
        is to be determined by lot by the returning officer.

10. More than two candidates

If only 1 Councillor is to be elected and there are more than 2 candidates the
result is to be determined as follows-

   (a)  the candidate who has received the greatest number of first preference
        votes if that number constitutes an absolute majority of votes is to
        be declared elected by the returning officer;

   (b)  Absolute majority of votes means a number of votes greater than
        one-half of the total number of ballot-papers (excluding ballot-papers
        which are rejected) and if necessary includes the vote by lot;

   (c)  if no candidate has received an absolute majority of votes, the
        returning officer upon receipt of the several sealed parcels from any
        authorised person and with the assistance of any authorised persons
        and in the presence and subject to the inspection of any 1 scrutineer,
        if present, appointed by each candidate but of no other person, must-

   (i)  open all the sealed parcels containing used ballot-papers; and

   (ii) arrange such ballot-papers together with the allowed postal
        ballot-papers, if any, by placing in a separate parcel all those on
        which a first preference is indicated for the same candidate and
        preference votes are also duly given for all the remaining candidates,
        omitting ballot-papers which are rejected; and

   (iii) declare the candidate who has received the fewest first preference
        votes a defeated candidate; and

   (iv) distribute the ballot-papers counted to the defeated candidate amongst
        the non-defeated candidates next in order of the voters' preference;
        and

   (v)  after the distribution again ascertain the total number of votes given
        to each non-defeated candidate;

   (d)  the candidate who has then received the greatest number of votes if
        that number constitutes an absolute majority of votes is to be
        declared elected by the returning officer;

   (e)  if no candidate then has an absolute majority of votes the process of
        declaring the candidate who has the fewest votes a defeated candidate
        and distributing the ballot-papers counted to the defeated candidate
        amongst the non-defeated candidates next in order of the voters'
        preference is to be repeated until 1 candidate has received an
        absolute majority of votes and is declared elected by the returning
        officer;

   (f)  if on any count 2 or more candidates have an equal number of votes and
        1 of them has to be declared a defeated candidate, the result is to be
        determined-

   (i)  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 defeated; or

   (ii) if a result is still not obtained or there has been no count, by lot
        by the returning officer;

   (g)  if on the final count 2 candidates have an equal number of votes, the
        result is to be determined by lot by the returning officer.



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11B. 2 or more Councillors to be elected



(1) The result is to be determined as set out in this clause.

(2) In this clause-

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) The returning officer upon receipt of the several sealed parcels from any
authorised person and with the assistance of any authorised persons and in the
presence and subject to the inspection of any 1 scrutineer, if present,
appointed by each candidate but of no other person must-

   (a)  open all the sealed parcels containing used ballot-papers; and

   (b)  arrange the ballot-papers together with the allowed postal
        ballot-papers, if any, by placing in a separate parcel all those on
        which a first preference is indicated for the same candidate and
        preference votes are also duly given for all the remaining candidates,
        omitting ballot-papers which are rejected; and

   (c)  ascertain-

   (i)  the number of first preference votes given for each candidate; and

   (ii) the total number of first preference votes.

(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 duly elected by the returning
officer.

(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 subclause (7)
is to be declared duly elected by the returning officer.

(9) Unless all the vacancies have been filled, the surplus votes, if any, of
any candidate elected under subclause (8) or elected subsequently under this
subclause are to be transferred to the continuing candidates in accordance
with subclause (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 duly elected by the returning officer.

(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 subclause (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 subclause (7) in relation to a
transfer of the surplus votes of an elected candidate under subclause (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 subclause (12) or (16) is to be declared duly elected by the
returning officer.

(14) Subject to subclause (15), unless all the vacancies have been filled, the
surplus votes, if any, of a candidate elected under subclause (13) are to be
transferred in accordance with subclause (7).

(15) If a candidate elected under subclause (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
subclause (12) to continuing candidates.

(16) Subject to subclause (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
        subclause (12).

(17) If a candidate is elected as a result of a transfer of ballot papers
under subclauses (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 clause, if the number of continuing
candidates is equal to the number of remaining unfilled vacancies, those
candidates are to be declared duly elected by the returning officer.

(20) Subject to subclauses (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 subclause (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 subclause (21), if there has been no count or
transfer the returning officer 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 returning officer.

(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 returning officer.





(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) For the purposes of this clause each of the following constitutes a
separate transfer-

   (a)  a transfer under subclause (7), (9) or (14) of all the surplus votes
        of an elected candidate;

   (b)  a transfer in accordance with subclause (12)(a) of all first
        preference votes of an excluded candidate;

   (c)  a transfer in accordance with subclause (12)(b) of all the votes of an
        excluded candidate or candidates, as the case may be, at a particular
        transfer value.





12. Adjournment of count



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(2) The returning officer may from time to time adjourn the count of votes.

(3) If the count of votes is adjourned the returning officer must advise the
scrutineers and the authorised persons of the adjournment.



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13. Recount of votes



(1) At any time before a candidate has been declared elected, the returning
officer may-

   (a)  if he or she thinks fit; or

   (b)  at the written request of the candidate specifying reasons-

open any sealed parcel containing ballot-papers and recount the ballot-papers.

(1A) The following applies to recounts-

   (a)  a recount may be conducted at the discretion of the returning officer;

   (b)  the returning officer may conduct one or more recounts;

   (c)  the returning officer must make reasonable efforts to notify
        candidates or their representatives before a recount is conducted.



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(2) In conducting a recount the returning officer-

   (a)  has the same powers as the authorised person in determining the number
        of votes for each candidate; and

   (b)  may reverse any decision in relation to the allowance and admission or
        disallowance and rejection of any ballot-paper.

(3) A candidate is not entitled to be present at a recount.

(4) In respect of each candidate only one scrutineer for each authorised
person involved in the recounting of ballot-papers can be present at any one
time.

(5) Clause 15 of Schedule 2 applies to the scrutineers as if they had been
appointed under that clause.

14. Report on election by returning officer







(1) The returning officer must prepare a report to the Chief Executive Officer
on the conduct of the election within the period of 3 months after election
day.

(2) The report must include a certified record of the number of ballot-papers
and declarations printed, issued, used, spoiled and returned.

(3) The Chief Executive Officer must ensure that the report is submitted to
the Council at the earliest practicable meeting of the Council held after the
report is received by the Chief Executive Officer.

15. Ballot material and records to be secured and stored

All ballot material and records in respect of an election must be dealt with,
kept and stored in accordance with the regulations.







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17. Conduct of the poll



(1) The following provisions apply to a poll conducted under this Part-

   (a)  ballot-papers to be used in the poll must contain the details required
        by the regulations;



   (b)  the poll must be held on a Saturday and must start at 8 a.m. and close
        at 6 p.m. (unless all voting at the poll is to be by means of postal
        voting);

   (ba) a voter is only entitled to one vote at a poll;





   (c)  a scrutineer may be appointed in writing by the Minister or the Chief
        Executive Officer;







   (d)  not later than 7 days after the poll has been held the returning
        officer must notify the Minister and the Council of-

   (i)  the number of voters on the voters' roll; and

   (ii) the number of voters on the voters' roll who voted for the decision or
        proposed decision; and

   (iii) the number of voters on the voters' roll who voted against the
        decision or proposed decision;

   (e)  the provisions of this Act (other than sections 40, 44, 45 and 46) and
        the regulations dealing with enrolment for and voting at council
        elections and the election of councillors so far as they are not
        abrogated by this Part apply with the alterations and adaptations
        which are necessary to polls under this Part;

   (f)  a poll is carried if-

   (i)  the number of valid votes recorded is not less than one-third of the
        number of voters on the voters' roll; and

   (ii) a majority of the valid votes recorded are against the decision or
        proposed decision of the Council;

   (g)  if a poll is carried a Council must not proceed with its decision or
        proposed decision;



   (h)  if a poll is not carried the Council may proceed with its decision or
        proposed decision;



        (i)    the Council must give public notice of the result of the poll.

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