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ELECTORAL ACT 1992 - SCHEDULE 4

Schedule 4     Ascertaining result of poll

(see s 185)

Part 4.1     Preliminary

1     Interpretation for sch 4

In this schedule:

"ballot paper" means a ballot paper that is formal under part 12.

"continuing candidate" means a candidate, other than a successful candidate, an excluded candidate or a candidate who died before polling day.

"count" means an allotment of votes under clause 3 (1), 6 (3), 9 (2) (c) or 14 (2).

"count votes"—see clause 1A.

"excluded candidate" means a candidate excluded under clause 8.

"next available preference" means the next highest preference recorded for a continuing candidate on a ballot paper.

"quota"—

        (a)     for this schedule generally—see clause 1B; and

        (b)     for part 4.3 (Casual vacancies)—see clause 12.

"successful candidate" means a candidate who is successful under clause 3, 4, 6, 9 or 14.

"surplus", in relation to a successful candidate, means the candidate's total votes less the quota, if the resulting number of votes is greater than zero.

"total votes", in relation to a candidate, means the sum of all votes allotted to the candidate.

"transfer value"—

        (a)     for this schedule generally—see clause 1C; and

        (b)     for part 4.3 (Casual vacancies)—see clause 13.

1A     Meaning of count votes —sch 4

    (1)     For this schedule, "count votes", in relation to a candidate, means the number of votes worked out as follows:

1992-7106.jpg

    (2)     Any fraction must be rounded down to 6 decimal places.

    (3)     In this clause:

"BP" means the number of ballot papers to be dealt with at a count that record the next available preference for the candidate.

"TV" means the transfer value of those ballot papers.

1B     Meaning of quota —sch 4

    (1)     For this schedule, "quota" means the quota of an electorate for an election worked out as follows:

1992-7107.jpg

Note     Quota , for pt 4.3 (Casual vacancies)—see cl 12.

    (2)     However, any fraction is to be disregarded.

    (3)     In this clause:

"BP "means the number of ballot papers for the election.

"N "means the number of positions to be filled at the election.

1C     Meaning of transfer value —sch 4

    (1)     For this schedule, the transfer value of a ballot paper is the transfer value worked out under this clause.

Note     Transfer value , for pt 4.3 (Casual vacancies)—see cl 13.

    (2)     For the allotment of votes from the surplus of a successful candidate, the transfer value of a ballot paper that specifies a next available preference is worked out as follows:

1992-7108.jpg

    (3)     For the allotment of votes under clause 9 (2) (c) (Votes of excluded candidates), the "transfer value" is—

        (a)     for a ballot paper in relation to which votes were allotted to the excluded candidate under clause 3 (First preferences)—1; or

        (b)     for a ballot paper in relation to which count votes were allotted to the excluded candidate under clause 6 (3) (Surplus votes) or clause 9 (2) (c) (Votes of excluded candidates)—the transfer value of the ballot paper when counted for that allotment.

    (4)     However, if the transfer value of a ballot paper worked out in accordance with subclause (2) would be greater than the transfer value of the ballot paper when counted for the successful candidate, the transfer value of that ballot paper is the transfer value of the ballot paper when counted for the successful candidate.

    (5)     In this clause:

"CP" means the number of ballot papers counted for the candidate at the count at which the candidate became successful and that specify a next available preference.

"S "means the surplus.

2     Disregarding preferences

    (1)     This clause applies if effect is to be given to preferences indicated in candidate squares on a ballot paper under section 180.

    (2)     If the same number is marked in 2 or more candidate squares on a ballot paper, those numbers and any greater number shall be disregarded in determining the elector's preferences.

    (3)     If a number is missing from the series of consecutive whole numbers marked in the candidate squares on a ballot paper, the missing number and any greater number shall be disregarded in determining the elector's preferences.

Part 4.2     General

3     First preferences

    (1)     For each ballot paper recording a first preference for a continuing candidate, 1 vote shall be allotted to the candidate.

    (2)     For subclause (1), a ballot paper on which a first preference for a candidate who died before polling day is recorded shall be taken to record a first preference for the candidate for whom the next available preference is recorded.

    (3)     After the allotment of votes under subclause (1), each continuing candidate's total votes shall be calculated and, if the votes equal or exceed the quota, the candidate is successful.

4     Scrutiny to cease

    (1)     If, after a calculation under clause 3 (3), 6 (4) or 9 (2) (d), the number of successful candidates is equal to the number of positions to be filled, the scrutiny shall cease.

    (2)     If, after a calculation under clause 3 (3) or 6 (4) or after all the ballot papers counted for an excluded candidate have been dealt with under clause 9—

        (a)     the number of continuing candidates is equal to the number of positions remaining to be filled; and

        (b)     no successful candidate has a surplus not already dealt with under clause 6;

each of those continuing candidates is successful and the scrutiny shall cease.

5     Scrutiny to continue

If the scrutiny has not ceased in accordance with clause 4 and—

        (a)     1 or more successful candidates have a surplus not already dealt with under clause 6—subject to clause 4, each surplus shall be dealt with in accordance with clause 6; or

        (b)     there are no successful candidates with such a surplus—1 continuing candidate shall be excluded in accordance with clause 8 and the ballot papers counted for the candidate shall be dealt with in accordance with clause 9.

6     Surplus votes

    (1)     Subject to clause 7, this clause applies in relation to the surplus of a successful candidate.

    (2)     Each ballot paper counted for the purpose of allotting votes to the successful candidate at the count at which the candidate became successful shall be dealt with as follows:

        (a)     if it does not specify a next available preference—it shall be set aside as finally dealt with for this part;

        (b)     if it specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded.

    (3)     The count votes for each continuing candidate shall be determined and allotted to the candidate.

    (4)     After the allotment under subclause (3), the continuing candidates' total votes shall be calculated and, if the total votes of a candidate equal or exceed the quota, the candidate is successful.

7     More than 1 surplus

    (1)     In this clause—

        (a)     a reference to a successful candidate is a reference to a successful candidate with a surplus not already dealt with under clause 6; and

        (b)     a reference to the earliest count is a reference to the earliest count at which a successful candidate obtained a quota.

    (2)     If there are 2 or more successful candidates, the surplus of the relevant candidate shall be dealt with in accordance with clause 6.

    (3)     For subclause (2)—

        (a)     if only 1 successful candidate obtained a quota at the earliest count—that candidate is the relevant candidate;

        (b)     if 2 or more successful candidates obtained a quota at the earliest count—the candidate who, of those candidates, has the largest surplus is the relevant candidate; or

        (c)     if 2 or more successful candidates ( contemporary candidates ) who obtained a quota at the earliest count have the same surplus, being a surplus larger than that of any other candidate who obtained a quota at the count and—

              (i)     1 of the contemporary candidates had more total votes than any other contemporary candidate at the last count—that candidate is the relevant candidate; or

              (ii)     2 or more contemporary candidates have the same total votes, being a total larger than that of any other contemporary candidate (a non-tied contemporary candidate ) at the last count—each non-tied contemporary candidate is no longer considered under this clause and—

    (A)     subparagraph (i) and this subparagraph are applied to each preceding count until a relevant candidate is worked out; or

    (B)     if a relevant candidate cannot be worked out by applying subparagraph (i) and this subparagraph to the preceding count—the contemporary candidate who is determined by the commissioner by lot is the relevant candidate.

    (4)     If—

        (a)     a person becomes the relevant candidate under subclause (3) (c) (ii) (B); and

        (b)     the ballot papers are recounted in accordance with section 187; and

        (c)     the same candidates would, apart from this subclause, become the contemporary candidates once again under that subparagraph;

the person shall be taken to be the relevant candidate for subclause (2) in the recounting of those ballot papers.

8     Exclusion of candidates

    (1)     If clause 5 or 15 requires a candidate to be excluded, the candidate with the least total votes shall be excluded.

    (2)     If 2 or more candidates each have the same total votes, being fewer total votes than any other candidate and—

        (a)     1 of the candidates had fewer total votes than any other of the candidates at the last count—that candidate is excluded; or

        (b)     2 or more of the candidates have the same total votes, being a total fewer than that of any other candidate (a non-tied candidate ) at the last count—each non-tied candidate is no longer considered under this clause and—

              (i)     paragraph (a) and this paragraph are applied to each preceding count until 1 candidate is excluded; or

              (ii)     if 1 candidate cannot be excluded by applying paragraph (a) and this paragraph to the preceding count—the candidate who is determined by the commissioner by lot is excluded.

    (3)     If—

        (a)     a person is excluded under subclause (2) (b) (ii); and

        (b)     the ballot papers are recounted in accordance with section 187; and

        (c)     that paragraph would, apart from this subclause, be applicable once again to the same candidates;

the person shall be taken to be excluded in the recounting of those ballot papers.

9     Votes of excluded candidates

    (1)     If a candidate is excluded in accordance with clause 8, the ballot papers counted for the candidate shall be sorted into groups according to their transfer values when counted for the candidate.

    (2)     Subject to subclause (3), each group under subclause (1) shall be dealt with as follows:

        (a)     if a ballot paper in the group does not specify a next available preference—it shall be set aside as finally dealt with for this part;

        (b)     if a ballot paper in the group specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded;

        (c)     each continuing candidate's count votes shall be determined and allotted to the candidate;

        (d)     continuing candidates' total votes shall be calculated and, if the votes of any of those candidates equal or exceed the quota, the candidate is successful.

    (3)     The groups referred to in subclause (1) shall be dealt with under subclause (2) starting with the group with the highest transfer value and, subject to subclause 4 (1) or 15 (2), continuing in descending order until all the groups have been dealt with.

10     Setting aside ballot papers

If, after a calculation under clause 3 (3), 6 (4) or 9 (2) (d), the total votes of a candidate who became successful on that calculation equal the quota, the ballot papers counted for that candidate shall be set aside for this part.

Part 4.3     Casual vacancies

11     Application

    (1)     This part applies in relation to the vacancy in the seat of a former MLA that is to be filled by recount under section 194.

    (2)     For this part—

        (a)     "continuing candidate" means a candidate within the meaning of part 13, but does not include a candidate who died before the recount for the purposes of this part began; and

        (b)     the quota is calculated under clause 12; and

        (c)     the transfer value is determined under clause 13.

12     Quota

    (1)     For this part, the "quota", in relation to a count, is calculated as follows:

1992-7109.jpg

    (2)     In this clause:

"TVA" means the sum of the total votes allotted to the continuing candidates at the count, any fraction being disregarded.

13     Transfer value

    (1)     For this part, the transfer value of ballot papers counted for the former MLA—

        (a)     for a ballot paper dealt with at the count at which the former MLA became successful—is the value ascertained in accordance with subclause (2) or (3), as the case requires;

        (b)     for a ballot paper dealt with at the count under clause 3—is 1; and

        (c)     for a ballot paper dealt with at any other count—is the transfer value of the ballot paper when counted for the purpose of allotting count votes to the former MLA.

    (2)     If, at the count at which the former MLA became successful, NCP  1992-7110.jpg

 TV was greater than or equal to Q – N—

        (a)     for a ballot paper that did not specify a next available preference—the value is calculated as follows:

1992-7111.jpg

        (b)     for a ballot paper that specified a next available preference—the value is zero.

    (3)     If, at the count at which the former MLA became successful, NCP  1992-7110.jpg

 TV was less than Q – N—

        (a)     for a ballot paper that did not specify a next available preference—the value is the transfer value of the ballot paper when counted for the purpose of allotting count votes to the former MLA; and

        (b)     for a ballot paper that specified a next available preference—the value is calculated as follows:

1992-7112.jpg

    (4)     In subclauses (2) and (3):

"NCP "means the number of ballot papers counted for the former MLA at the count at which the former MLA became successful that did not specify a next available preference.

TV means the transfer value of a ballot paper when counted at that count for the purpose of allotting count votes to the former MLA.

"Q" means the quota for the election at which the former MLA was last elected.

"N" means the former MLA's total votes after the last calculation before that count.

"CP" means the number of ballot papers counted for the former MLA at that count that specified a next available preference.

14     Recount—first count

    (1)     If a ballot paper counted for the former MLA—

        (a)     does not specify a next available preference—it shall be set aside as finally dealt with for this part; or

        (b)     specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded.

    (2)     The count votes for each continuing candidate shall be determined and allotted to the candidate, and each continuing candidate's total votes shall be calculated.

    (3)     If, after the calculation under subclause (2), the total votes of a continuing candidate equal or exceed the quota, the candidate is successful and the scrutiny shall cease.

15     Recount—continuation

    (1)     If the scrutiny has not ceased in accordance with clause 14 (3) or subclause (2) of this clause—

        (a)     1 continuing candidate shall be excluded in accordance with clause 8; and

        (b)     the ballot papers counted for that candidate shall be dealt with in accordance with clause 9.

    (2)     If, after a calculation under clause 9 (2) (d), a candidate is successful, the scrutiny shall cease.

16     Successful candidate is dead

    (1)     If the candidate who is successful on a recount is dead, the recount shall be conducted again.

    (2)     For subclause (1), a ballot paper on which a preference for that candidate is recorded shall be taken to record a preference for the candidate for whom the next available preference is recorded.

17     Multiple vacancies

    (1)     If there are 2 or more vacancies in the seats of former MLAs that are required to be filled by recount under section 194, the recounts shall be conducted in the order in which the vacancies occurred.

    (2)     If 2 or more of those vacancies occurred at the same time, the commissioner shall determine by lot the order in which the recounts are to be conducted.

    (3)     If—

        (a)     a person is a candidate in relation to more than 1 casual vacancy; and

        (b)     the person becomes a candidate in relation to those casual vacancies before the commissioner declares elected the successful candidate in relation to any of those casual vacancies; and

        (c)     the person is successful in relation to 1 of those casual vacancies;

for the purpose of conducting the recount in relation to the casual vacancies other than the one in relation to which the person was successful, the person shall be taken not to be a continuing candidate.

Part 4.4     Deceased successful candidates

18     Application—pt 4.4

This part applies if a successful candidate dies on or after polling day but before the declaration of the result of the election.

19     Ballot papers for deceased successful candidate

    (1)     The ballot papers counted for a deceased candidate must be dealt with in accordance with schedule 4, part 4.3 (Casual vacancies) as if they had been counted for a former MLA.

    (2)     If 2 or more of the successful candidates die on or after polling day but before the declaration of the result of the election, the ballot papers counted for each deceased candidate must be dealt with in the order in which the candidates died.

    (3)     If 2 or more of the successful candidates died at the same time, the commissioner must determine by lot the order in which the ballot papers for the deceased candidates are to be dealt with.

    (4)     In applying schedule 4, part 4.3 for the purposes of this part:

"continuing candidate" means a candidate other than—

        (a)     a successful candidate; or

        (b)     a candidate who died before the recount for this part began; or

        (c)     a candidate who is excluded for clause 15 (Recount—continuation).



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