21Counting votes: transfer of preferences of provisionally unsuccessful candidates etc.

Counting votes: transfer of preferences of provisionally unsuccessful candidates etc.

21. (1) Where a ballot-paper indicates a first preference for:

(a) a party:

(i) that was not excluded under section 19; but

(ii) did not receive a seat under subsection 20 (1); or

(b) a candidate:

(i) of a party that was not excluded under section 19; and

(ii) who was not provisionally elected under subsection 20 (3) or (4);

the vote given by that ballot-paper shall be transferred to:

(c) where the ballot-paper indicates a next available preference for another party, or a candidate of another party, not excluded—that other party; or

(d) where the ballot-paper indicates a next available preference for an independent candidate not excluded—that candidate.

(2) Where a ballot-paper indicates a first preference for an independent candidate who:

(a) was not excluded under section 19; but

(b) did not receive a seat under subsection 20 (1);

the vote given by that ballot-paper shall be transferred to:

(c) where the ballot-paper indicates the next available preference for a party, or a candidate of a party, not excluded—that party; or

(d) where the ballot-paper indicates the next available preference for another independent candidate not excluded—that candidate.

(3) Where a ballot-paper indicates:

(a) a first preference for a candidate:

(i) of a party that was not excluded under section 19; and

(ii) who was not provisionally elected under subsection 20 (3) or (4); and

(b) a next available preference for another candidate of that party; that next available preference shall be taken to be the first preference.

(4) For the purposes of subsections (1), (2) and (3):

(a) where a ballot-paper indicates a vote that has been transferred under subsection 19 (4) or (5) because of a next available preference for a party, a candidate of a party or an independent candidate, the ballot-paper shall be taken to indicate the first preference for that party, candidate of that party, or independent candidate, as the case may be; and

(b) where subsection 19 (5) applies to a ballot-paper, preferences indicated by the party voting ticket shall be taken to be indicated by the ballot-paper.

(5) The base number within the meaning of subsection 19 (1) as increased under subsections 19 (4) and (5) of each party and independent candidate shall be adjusted by:

(a) adding to the base number the votes transferred to the party or independent candidate under subsections (1) and (2); and