Victorian Current Acts Victorian Current ActsIf only one 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 election manager;
(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 election manager 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 one 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 election manager;
(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 one candidate has received an absolute majority of votes and is declared elected by the election manager;
(f) if on any count 2 or more candidates have an equal number of votes and one 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 election manager;
(g) if on the final count 2 candidates have an equal number of votes, the result is to be determined by lot by the election manager.
Division 7—Counting of votes—any election to which Division 6 does not apply