(1) The procedure at
the count of the votes by the returning officer for each district shall, if
there are only 2 candidates, be as follows:
(a) The
returning officer shall —
(i)
open all ballot boxes not opened by assistant returning
officers; and
(ii)
count all the votes on the ballot papers found in such
ballot boxes, rejecting all informal ballot papers, and ascertain the number
of votes given for each candidate; and
(iii)
make and keep a record of the number of votes counted
from each ballot box.
(b) The
returning officer shall then —
(i)
ascertain from the communications received from assistant
returning officers the number of votes given for each candidate at polling
places where the ballot boxes have been opened by assistant returning officers
and by persons voting at general polling places, absent voters and persons
voting provisionally under section 119(4a), 122(2), or 122A and persons voting
by early vote; and
(ia)
ascertain and keep a record of the number of votes given for each candidate
under Division 3 Subdivision 2; and
(ii)
add the votes so given for each candidate to the votes
counted by himself in favour of each such candidate, so as to ascertain, for
the whole district, the number of votes given for each candidate respectively.
(c) The
candidate who has received the largest number of votes shall be declared by
the returning officer duly elected.
(d) If
the candidates have an equal number of votes section 145 applies.
(2) The procedure at
the count of the votes by the returning officer for each district, if there
are more candidates than 2, shall be as follows:
(a) The
returning officer shall —
(i)
open all ballot boxes not opened by assistant returning
officers; and
(ii)
arrange the ballot papers under the names of the
respective candidates and place in a separate parcel all those on which a
first preference is indicated for the same candidate, rejecting informal
ballot papers; and
(iii)
count all the first preference votes given for each
candidate respectively; and
(iv)
make and keep a record of the number of votes counted by
him from each ballot box.
(b) The
returning officer shall then —
(i)
ascertain from the communications received from assistant
returning officers the number of first preference votes given for each
candidate at polling places where the ballot boxes have been opened by such
assistant returning officers and by persons voting at general polling places,
absent voters and persons voting provisionally under section 119(4a), 122(2),
or 122A and persons voting by early vote; and
(ia)
ascertain and keep a record of the number of first preference votes given for
each candidate under Division 3 Subdivision 2; and
(ii)
add the first preference votes so given for each
candidate to the votes counted by himself in favour of each such candidate, so
as to ascertain, for the whole district, the number of first preference votes
polled by each candidate respectively.
(c) The
candidate who has received the largest number of first preference votes shall,
if such number constitutes an absolute majority of votes, be declared by the
returning officer duly elected.
(d) If
no candidate has an absolute majority of votes the returning officer —
(i)
shall open the packets of ballot papers received from the
assistant returning officers, including ballot papers used for voting at
general polling places, absent voters’ ballot papers and ballot papers
used for provisional voting under section 119(4a), 122(2), or 122A and early
ballot papers and deal with the ballot papers contained therein as prescribed
by paragraph (a)(ii), adding such ballot papers to those previously counted by
himself for each candidate; and
(ia)
shall ascertain and keep a record of the number of first preference votes
given for each candidate under Division 3 Subdivision 2, adding the votes to
those previously counted by the returning officer for each candidate; and
(ii)
shall then declare the candidate who has obtained the
fewest first preference votes to be a defeated candidate, and each ballot
paper or vote record counted to the defeated candidate shall be distributed
among the non-defeated candidates next in order of the elector’s
preference.
(e)
After such distribution the number of votes given to each non-defeated
candidate shall again be ascertained.
(ea) The
candidate who then has obtained the largest number of votes shall, if such
number constitutes an absolute majority of votes, be declared duly elected.
(f) If
no candidate then has an absolute majority of votes the process of declaring
the candidate who has the fewest votes to be defeated, and distributing each
of his ballot papers and vote records amongst the non-defeated candidates next
in order of the voter’s preference shall be repeated, and the votes
re-counted after every such redistribution until one candidate has obtained an
absolute majority of votes, and such candidate shall then be declared duly
elected.
(fa) A
ballot paper or vote record shall be set aside as exhausted where on a count
it is found that the ballot paper or vote record expresses no preference for
any non-defeated candidate.
(g) If,
after any count, the candidate with the fewest votes has to be declared to be
defeated under paragraph (d) or (f), and 2 or more candidates (in this
paragraph called the tied candidates ) have an equal number of votes (each
other candidate having a larger number of votes) —
(i)
the returning officer shall make out in respect of each
of the tied candidates a slip bearing the name of the candidate, and deal with
the slips in accordance with Schedule 2; and
(ii)
the candidate whose name is on the slip obtained by the
returning officer in accordance with clause 5 of Schedule 2 shall be declared
to be defeated.
(h) If
after any count 2 or more candidates have an equal number of votes and they
are the only candidates, or the only non-defeated candidates, section 145
applies.
(2a) Where there are
more candidates than 2 then, notwithstanding that a candidate has been
declared duly elected, the process of excluding the candidate who has the
fewest votes and distributing that candidate’s preferences to the
candidate next in order of the elector’s preference shall be continued
until there are only 2 unexcluded candidates.
(2b) At any time
before a candidate has been declared duly elected the returning officer may,
if he thinks fit, make a fresh scrutiny of all the ballot papers and vote
records or any parcel of them and for that purpose has the same power in
relation to the counting of the votes as on the first scrutiny and may reverse
any decision given by an assistant returning officer on the original scrutiny
and if after such scrutiny one of the candidates is found to have obtained an
absolute majority of votes shall declare that candidate duly elected.
(3) In this section
absolute majority of votes means a greater number than one-half of the whole
number of ballot papers and vote records other than informal ballot papers and
vote records.
(3A) For the purposes
of subsection (3), if at any stage of the count, ballot papers or vote records
have been set aside under subsection (2)(fa), the whole number of ballot
papers and vote records, at that stage, are to be taken to be reduced by the
number of those ballot papers and vote records set aside.
(4) Where the
returning officer is satisfied that the votes —
(a) on
any ballot papers issued at some remote polling place in connection with the
election, which have not been received by him; and
(b) on
any ballot papers used for voting at general polling places or absent
voters’ ballot papers or ballot papers used for provisional voting under
section 119(4a), 122(2), or 122A or ballot papers used for voting by early
vote which have not been received by him,
cannot, having regard
to the number of those ballot papers, possibly affect the result of the
election, he may subject to the concurrence of the Electoral Commissioner
—
(c) if
there are only 2 candidates, declare the candidate who has received the
largest number of votes on the ballot papers then received and counted to be
duly elected; or
(d) if
there are more than 2 candidates and one candidate has received an absolute
majority of the votes on the ballot papers then received and counted, declare
such candidate duly elected; or
(e) if
no candidate has an absolute majority of the votes, then received and counted,
proceed with the scrutiny;
without awaiting the
receipt of the ballot papers which have not been received by him.
[Section 144 amended: No. 59 of 1919 s. 5; No. 63
of 1948 s. 22; No. 57 of 1952 s. 12; No. 40 of 1987 s. 71 and 84; No. 79 of
1987 s. 64; No. 43 of 1996 s. 19; No. 36 of 2000 s. 48(8) and (9), 53, 69 and
82; No. 14 of 2016 s. 20.]