CTHRepealedAct
Australian Capital Territory (Electoral) Act 1988
19Counting votes: exclusion from distribution of seats
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Counting votes: exclusion from distribution of seats
19. (1) The total number (called the “base number”) of first preference votes received by each party and by each independent candidate shall be counted, and, for this purpose, where an elector has expressed a first preference for a candidate of a party, the party is treated as receiving one first preference vote.
(2) The sum of the base numbers shall be divided by a number equal to the sum of 1 and the number of members to be elected to the Assembly and the result of that division (disregarding any remainder) shall be increased by 1.
(3) All parties and independent candidates whose base numbers are less than the result of the calculation under subsection (2) shall be excluded from participation in the distribution of seats.
(4) Where a ballot-paper indicates a first preference vote for an excluded party or independent candidate, the vote given by that ballot-paper shall be transferred to, and added to the base number of, the party, the party of the candidate, or the independent candidate, not excluded, for whom the ballot-paper indicates the next available preference (if any).
(5) Where:
(a) a party is excluded;
(b) a ballot-paper that indicates a first preference vote for that party or a candidate of that party does not indicate a preference for another party, a candidate of another party, or an independent candidate; and
(c) that excluded party has a party voting ticket registered for the purposes of the election that indicates a next available preference for a party, a candidate of a party, or an independent candidate, not excluded;
the vote shall be transferred to, and added to the base number of, the party, the party of the candidate, or the independent candidate, with that preference.