Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 143E.
1. In a TSRA ward election for 2 or more members for the ward concerned, the scrutiny shall be conducted, and the several vacancies shall be filled, in the manner set out in this Schedule.
2. Where, for the purposes of this Schedule:
(a) the number of ballot papers or votes in any category is required to be ascertained;
(b) a quota, a transfer value or the order of standing of continuing candidates in a poll is required to be determined; or
(c) a candidate is required to be identified;
the authorised electoral officer shall ascertain the number, determine the quota, transfer value or order, or identify the candidate, as the case may be.
3. The number of first preference votes given for each candidate and the total number of all such votes shall be ascertained and a quota shall be determined by dividing the total number of first preference votes by one more than the designated number in relation to the ward and by increasing the quotient so obtained (disregarding any remainder) by 1, and any candidate who has received a number of first preference votes equal to or greater than the quota shall be elected.
4. Unless all the vacancies have been filled, the number (if any) of votes in excess of the quota (in this clause called surplus votes ) of each elected candidate shall be transferred to the continuing candidates as follows:
(a) the number of surplus votes of the elected candidate shall be divided by the number of first preference votes received by him or her and the resulting fraction shall be the transfer value;
(b) the total number of ballot papers of the elected candidate that express the first preference vote for him or her and the next available preference for a particular continuing candidate shall be multiplied by the transfer value, the number so obtained (disregarding any fraction) shall be added to the number of first preference votes of the continuing candidate and all those ballot papers shall be transferred to the continuing candidate;
and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer shall be elected.
5. Unless all the vacancies have been filled, the surplus votes (if any) of any candidate elected under clause 4, or elected subsequently under this clause, shall be transferred to the continuing candidates in accordance with paragraphs 4(a) and (b), and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer shall be elected.
6. Where a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under clause 4 or 5 of the surplus votes of a particular elected candidate, no votes of any other candidate shall be transferred to the continuing candidate.
7. For the purposes of the application of paragraphs 4(a) and (b) in relation to a transfer under clause 5 or 12 of the surplus votes of an elected candidate, each ballot paper of the elected candidate that was obtained by him or her on a transfer under this section shall be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if the name of any other candidate previously elected or excluded had not been on the ballot paper and as if the numbers indicating subsequent preferences had been altered accordingly.
8. Where, after the counting of first preference votes or the transfer of surplus votes (if any) of elected candidates, no candidate has, or fewer than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who stands lowest in the poll shall be excluded or, if a bulk exclusion can be effected in accordance with clause 9, the candidates who may be excluded in accordance with that clause shall be excluded, and:
(a) the total number of ballot papers expressing a first preference vote for an excluded candidate and the next available preference for a particular continuing candidate shall be transferred, each ballot paper at a transfer value of 1 vote, to the continuing candidate and added to the number of votes of the continuing candidate; and
(b) the total number (if any) of other ballot papers obtained by an excluded candidate or candidates, as the case may be, shall be transferred beginning with the ballot papers received by that candidate or those candidates at 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 or candidates, as the case may be, at a particular transfer value and expressing the next available preference for a particular continuing candidate shall be multiplied by that transfer value;
(ii) the number so obtained (disregarding any fraction) shall be added to the number of votes of the continuing candidate;
(iii) all those ballot papers shall be transferred to the continuing candidate.
9. (1) The procedure for a bulk exclusion, and the circumstances in which such an exclusion may be made, are as provided by this clause.
(2) A continuing candidate (in this clause called Candidate A ) shall be identified, if possible, who, of the continuing candidates who each have a number of notional votes equal to or greater than the vacancy shortfall, stands lower or lowest in the poll.
(3) A continuing candidate (in this clause called Candidate B ) shall be identified, if possible, who:
(a) stands lower in the poll than Candidate A, or if Candidate A cannot be identified, has a number of notional votes that is fewer than the vacancy shortfall;
(b) has a number of notional votes that is fewer than the number of votes of the candidate standing immediately higher than him or her in the poll; and
(c) if 2 or more candidates satisfy paragraphs (a) and (b)--is the candidate who of those candidates stands higher or highest in the poll.
(4) In a case where Candidate B has been identified and has a number of notional votes fewer than the leading shortfall, Candidate B and any other continuing candidates who stand lower in the poll than that candidate may be excluded in a bulk exclusion.
(5) In a case where Candidate B has been identified and has a number of notional votes equal to or greater than the leading shortfall:
(a) a continuing candidate (in this clause called Candidate C ) shall be identified who:
(i) has a number of notional votes that is fewer than the leading shortfall; and
(ii) if 2 or more candidates satisfy subparagraph (i)--is the candidate who of those candidates stands higher or highest in the poll; and
(b) Candidate C and all other continuing candidates who stand lower in the poll than that candidate may be excluded in a bulk exclusion.
10. Where, apart from this clause, the number of continuing candidates after a bulk exclusion under clause 9 would be fewer than the number of remaining unfilled vacancies, clause 9 shall operate to exclude only the number of candidates, beginning with the candidate who stands lowest in the poll, that would leave sufficient continuing candidates to fill the remaining unfilled vacancies.
11. Notwithstanding any other provision of this Schedule (other than clause 16), where a candidate or candidates has or have been elected and there are surplus votes as a result of that election, subclauses 9(2), (3), (4) and (5) may be applied as if references in those paragraphs to notional votes were references to adjusted notional votes.
12. Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer under clause 8 or 13 of ballot papers of an excluded candidate or candidates, as the case may be, shall be elected, and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected shall be transferred in accordance with paragraphs 4(a) and (b), except that, where the candidate so elected is elected before all the ballot papers of the excluded candidate or candidates, as the case may be, have been transferred, the surplus votes (if any) of the candidate so elected shall not be transferred until the remaining ballot papers of the excluded candidate or candidates, as the case may be, have been transferred in accordance with paragraphs 8(a) and (b) to continuing candidates.
13. Subject to clause 15, where, after the transfer of all of the ballot papers of an excluded candidate or candidates, as the case may be, no continuing candidate has received a number of votes greater than the quota, the continuing candidate who stands lowest in the poll shall be excluded and his or her ballot papers transferred in accordance with paragraphs 8(a) and (b).
14. Where a candidate is elected during a transfer of ballot papers under clause 8 or 13, no other ballot papers of an excluded candidate or candidates, as the case may be, shall be transferred to the candidate so elected.
15. In respect of the last vacancy for which 2 continuing candidates remain, the continuing candidate who has the larger number of votes shall be elected notwithstanding that that number is below the quota, and if those candidates have an equal number of votes the authorised electoral officer shall decide by lot which candidate shall be elected.
16. Notwithstanding any other provision of this Schedule, where the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates shall be elected.
17. Subject to clauses 18 and 19, where, after any count under this Schedule, 2 or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates shall be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first.
18. Subject to clause 19, where, after any count under this Schedule, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates shall be in accordance with the relative numbers of votes of those candidates at the last count 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 being transferred first, but if there has been no such count the authorised electoral officer shall determine the order in which the surpluses shall be dealt with.
19. Where, after any count under this section, a candidate obtains surplus votes, those surplus votes shall not be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count.
20. Where a candidate is elected by reason that the number of first preference votes received by him or her, or the aggregate of first preference votes received by him or her and all other votes obtained by him or her, on transfers under this Schedule, is equal to the quota, all the ballot papers expressing those votes shall be set aside as finally dealt with.
21. A ballot paper shall be set aside as exhausted where on a transfer it is found that the paper expresses no preference for any continuing candidate.
22. Where a candidate dies before the scrutiny, a vote indicated on a ballot paper opposite the name of that candidate shall be counted to the candidate next in the order of the voter's preference, and the numbers indicating subsequent preferences shall be deemed to be altered accordingly.
23. For the purposes of this Schedule, each of the following is a separate transfer:
(a) a transfer under clause 4, 5 or 12 of all the surplus votes of an elected candidate;
(b) a transfer under paragraph 8(a) of all ballot papers expressing a first preference vote for an excluded candidate;
(c) a transfer under paragraph 8(b) of all ballot papers received by the excluded candidate or candidates, as the case may be, at a particular transfer value.
24. In this Schedule:
"adjusted notional vote" , in relation to a continuing candidate, means, in a case where a candidate or candidates has or have been elected, the sum of:
(a) the number of notional votes of the continuing candidate; and
(b) the number, before the transfer of any of the surplus votes, of those surplus votes.
"continuing candidate" means a candidate not already elected or excluded from the count.
"leading shortfall" , in relation to a particular stage during the scrutiny in a TSRA ward election, means the shortfall of the continuing candidate standing highest in the poll at that stage.
"notional vote" , in relation to a continuing candidate, means the aggregate of the votes obtained by that candidate and the votes obtained by each other candidate who stands lower in the poll than him or her.
"shortfall" , in relation to a continuing candidate at a particular stage during the scrutiny in a TSRA ward election, means the number of votes that the candidate requires at that stage in order to reach the quota referred to in clause 3.
"vacancy shortfall" , in relation to a particular stage during the scrutiny in a TSRA ward election, means the aggregate of the shortfalls of that number of leading candidates equal to the number of remaining unfilled vacancies, the leading candidates being ascertained by taking the continuing candidate who stands highest in the poll, the continuing candidate who stands next highest in the poll, and so on in the order in which the continuing candidates stand in the poll.
25. In this Schedule, a reference to votes or ballot papers, as the case may be, of or obtained or received by a candidate includes votes or ballot papers, as the case may be, obtained or received by the candidate on any transfer under this Schedule.
26. For the purposes of this Schedule, at any time after the counting of first preference votes the order of standing of the continuing candidates in the poll shall be determined as follows:
(a) subject to paragraph (b), the continuing candidates shall stand in the poll in the order of the relative number of votes of each continuing candidate, with the continuing candidate with the greatest number of votes standing highest in the poll and the continuing candidate with the fewest number of votes standing lowest in the poll;
(b) if 2 or more continuing candidates have the same number of votes, those candidates shall stand in the poll in the order of the relative number of votes of each of those candidates at the last count at which each of them had a different number of votes, with the continuing candidate with the greater or greatest number of votes at that count standing higher in the poll and the continuing candidate with the fewer or fewest number of votes at that count standing lower in the poll, but if there has been no such count the authorised electoral officer shall determine the order of standing of those candidates in the poll.