Victorian Current Acts

ELECTORAL ACT 2002 - SECT 117

    (1)     This section applies if on the final count 2 or more candidates have an equal number of votes.

    (2)     The election manager must declare that the election is tied.

    (3)     Within the period of 14 days after the declaration that the election is tied, the Commission or a candidate who has the same number of votes as another candidate at the election may petition the Court of Disputed Returns.

    (4)     The Court of Disputed Returns may declare that—

        (a)     one candidate is elected; or

        (b)     the election is void and a re-election must be held.

    (5)     If a petition is not made in accordance with subsection (3), the election is by force of this section declared void and a re-election must be held.

    (6)     A re-election must be held on the electoral roll that was prepared for the purposes of the election that has been declared void.