CTHRepealedAct
Australian Capital Territory (Electoral) Act 1988
23Counting votes: distribution of seats among parties and independent candidates
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Counting votes: distribution of seats among parties and independent candidates
23. (1) In this section:
“adjusted base number”, in relation to a party or independent candidate, means:
(a) in the case of a determination for the purposes of subsection 20 (1)—the base number of the party or candidate as increased under subsections 19 (4) and (5); or
(b) in the case of a determination for the purposes of subsection 22 (1)—the base number of the party or candidate as increased under those subsections and adjusted under subsection 21 (5);
“base number” has the same meaning as in subsection 19 (1).
(2) The adjusted base numbers of the parties and independent candidates not excluded under section 19 shall be divided by 1, then by 2, then by 3 and so on.
(3) The numbers worked out by dividing all the adjusted base numbers by 1 are “quotients” on the first and highest “rank” and the numbers worked out by dividing all the adjusted base numbers by 2 (disregarding any remainders) are “quotients” on the second “rank” and so on.
(4) If any 2 quotients on different ranks are equal, the quotient on the higher rank shall be taken to be the higher quotient.
(5) If 2 or more quotients on the same rank are equal, the Australian Capital Territory Electoral Officer shall, by ballot, decide the order in which they shall be treated for the purposes of subsection (6).
(6) The party or independent candidate receiving the highest quotient receives the first seat, the party or independent candidate receiving the next highest quotient receives the next seat, and so on until all the seats to be filled have been distributed.
(7) When the number of seats received by a party is equal to the number of candidates for that party, any further quotient received by that party shall be disregarded.
(8) When an independent candidate receives a seat, any further quotient received by that candidate shall be disregarded.
(9) An example of a distribution under this section is set out in Schedule 2.