Div 5Mode of Determining the Result of the Scrutiny.

Division 5.—Mode of Determining the Result of the Scrutiny.

118. (1) The Returning Officer, from the result of the scrutiny of all votes counted by him, and from the information received from the Assistant Returning Officers, shall ascertain the total number of first preference votes given for each candidate.

(2) The candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.

(3) If no candidate has received an absolute majority of first preference votes a second count shall be made. For the purpose of the second count the Returning Officer shall notify the Assistant Returning Officers of the name of the candidate who has received the fewest first preference votes.

(4) On the second count the sealed parcels of ballot-papers may be opened by the Returning Officer or the Assistant Returning Officer, as the case requires. The candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference. The Assistant Returning Officer shall communicate, by telegram, the result of the count made by him, to the Returning Officer, who shall from the information so received and from the count made by him ascertain the result of the second count.

(5) If a candidate then has an absolute majority of votes he shall be elected, but if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of his unexhausted ballot-papers to the unexcluded candidate next in the order of the voter’s preference shall be repeated by the Returning Officer, and by the Assistant Returning Officer under the directions of the Returning Officer until one candidate has received an absolute majority of votes.

(6) The candidate who has received an absolute majority of votes shall be elected.

(7) The Returning Officer, and the Assistant Returning Officer, conducting the scrutiny shall, in respect of ballot-papers, respectively scrutinized by them—

(a) place in a separate parcel all the ballot-papers which have been rejected as informal;

(b) place in a separate parcel all the unrejected ballot-papers; and

(c) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.

(8) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide which shall be excluded; and if in the final count two candidates have an equal number of votes, the Returning Officer shall decide by his casting vote which shall be elected, but, except as provided in this sub-regulation, he shall not vote at the election.