LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 97
Counting of votes for optional-preferential system
LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 97
Counting of votes for optional-preferential system
97 Counting of votes for optional-preferential system
(1) This section applies for counting votes in an election in which the system
of voting is optional-preferential voting.
(2) If, after final counting under
section 95, an absolute majority of formal first-preference votes are for 1
candidate, that candidate is elected.
(3) Alternatively, if there is no
absolute majority of the formal first-preference votes for 1 candidate, a
further count assigning preference votes must be conducted and, if necessary,
repeated until an absolute majority of the remaining votes are for 1
candidate.
(4) For subsection (3) , a further count assigning preference
votes is conducted by—
(a) excluding the candidate with the fewest votes in
a previous count; and
(b) excluding all ballot papers on which there is not
recorded a preference vote for a candidate who has not been excluded for the
count or a previous count; and
(c) assigning each preference vote recorded on
the remaining ballot papers to the candidate who—
(i) is next in the order
of an elector’s preference on the ballot paper; and
(ii) has not been
excluded; and
(d) counting the number of votes (first-preference votes for a
candidate together with any preference votes assigned to the candidate) for
each candidate who has not been excluded.
(5) If, after final counting under
subsection (4) , an absolute majority of the votes remaining in the count are
for 1 candidate, that candidate is elected.
(6) If subsection (4) (a) can not
be applied because 2 or more candidates (1 of whom must be excluded) have an
equal number of votes, the candidate to be excluded is—
(a) if there has
been an earlier count—the candidate who had the fewest votes at the last
count at which the candidates did not have an equal number of votes; or
(b)
if there has not been an earlier count or the candidates had an equal number
of votes at all earlier counts—the candidate whose name is on a slip chosen
under subsection (7) .
(7) For subsection (6) (b) , the returning officer
must, in the presence of any candidates, or their representative, who wish to
attend—
(a) write the names of the candidates who have an equal number of
votes on similar slips of paper; and
(b) fold the slips, concealing the
names; and
(c) put the slips in an opaque container and shuffle them; and
(d) raise the container so that its contents can not be seen and choose a slip
at random.
(8) If, under subsection (6) , the candidates who have an equal
number of votes are the only candidates remaining in the count, then, despite
subsection (6) , the candidate whose name is recorded under subsection (9) (g)
is elected.
(9) The returning officer must, in the presence of 2 witnesses—
(a) prepare a list of the candidates; and
(b) assign a different number or
colour to each candidate; and
(c) place only the marbles, balls or other
similar things (
"marbles" ), complying with subsection (10) , in an opaque container large
enough to allow the marbles in it to move about freely when it is rotated; and
(d) rotate the container and permit another person present who wishes to do so
to rotate it; and
(e) raise the container so that its contents can not be
seen; and
(f) while the container is raised, take 1 of the marbles out of it
or allow 1 of the marbles to come out of it; and
(g) record the name of the
candidate assigned the numbered or coloured marble that, under paragraph (f) ,
is taken or allowed to come out of the container.
(10) For subsection (9) (c)
, the marbles must be—
(a) the same size and weight; and
(b) the same
colours or numbers as the colours or numbers assigned under subsection (9) (b)
to the candidates.
(11) The returning officer must allow each of the 2
candidates, or their representative, to be present for the process mentioned
in subsection (9) .
