(1) The further scrutiny must be conducted, and the vacancies filled:
(a) under section 102, if that section applies; or
(b) otherwise, under this section.
(2) As soon as practicable after the *close of the poll, the DRO must:
(a) produce all the envelopes referred to in subsection 97(13); and
(b) remove the ballot‑papers from the envelopes; and
(c) make a *scrutiny of those ballot‑papers; and
(d) reject all informal ballot‑papers and place them in a separate parcel; and
(e) arrange the unrejected ballot‑papers so scrutinised under the names of the respective candidates by placing in one parcel under the name of each candidate all the ballot‑papers on which a first preference is indicated for that candidate; and
(f) count the first preference votes given for each candidate on such ballot‑papers, and *transmit the following information, in an expeditious manner, to the AEO:
(i) the number of first preference votes given for each candidate; and
(ii) the total number of ballot‑papers rejected as informal; and
(g) seal up the parcels and endorse on each parcel a description of its contents, and permit any scrutineers present, if they so desire, to countersign the endorsement; and
(h) transmit with the least possible delay the parcels of unrejected ballot‑papers marked using *voting method B to the AEO and inform the AEO, in writing and in some expeditious manner, of the transmission.
(3) Where, for the purposes of the succeeding provisions of this section:
(a) the number of ballot‑papers or votes in any category is required to be ascertained; or
(b) a quota, a transfer value or the order of standing of continuing candidates in a poll is required to be determined; or
(c) a candidate is required to be identified;
the AEO must ascertain the number, determine the quota, transfer value or order, or identify the candidate, as the case may be.
(4) The number of first preference votes given for each candidate and the total number of all such votes must be ascertained and a quota determined by dividing the total number of first preference votes by 1 more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by 1, and any candidate who has received a number of first preference votes equal to or greater than the quota must be elected.
(5) Unless all the vacancies have been filled, the number (if any) of votes in excess of the quota (in this section referred to as surplus votes) of each elected candidate must be transferred to the continuing candidates as follows:
Section 101 - Constitutional Convention (Election) Act 1997 - Conduct of further scrutiny | Zoe
(a) the number of surplus votes of the elected candidate must be divided by the number of first preference votes received by the candidate and the resulting fraction is the transfer value;
(b) the total number of ballot‑papers of the elected candidate that express the first preference vote for that candidate and the next available preference for a particular continuing candidate must be multiplied by the transfer value, the number so obtained (disregarding any fraction) must be added to the number of first preference votes of the continuing candidate and all those ballot‑papers must be transferred to the continuing candidate;
and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer must be elected.
(6) Unless all the vacancies have been filled, the surplus votes (if any) of any candidate elected under subsection (5), or elected subsequently under this subsection, must be transferred to the continuing candidates in accordance with paragraphs (5)(a) and (b), and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer must be elected.
(7) Where a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (5) or (6) of the surplus votes of a particular elected candidate, no votes of any other candidate are to be transferred to the continuing candidate.
(8) For the purposes of the application of paragraphs (5)(a) and (b) in relation to a transfer under subsection (6) or (14) of the surplus votes of an elected candidate, each ballot‑paper of the elected candidate that was obtained by the candidate on a transfer under this section must be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if any other candidate previously elected or excluded had not been a candidate and as if the subsequent preferences of the voter had been altered accordingly.
(9) Where, after the counting of first preference votes or the transfer of surplus votes (if any) of elected candidates, no candidate has, or fewer than the number of candidates required to be elected have, received a number of votes equal to the quota:
(a) the candidate who stands lowest in the poll must be excluded; or
(b) if a bulk exclusion of candidates may be effected under subsection (11), those candidates must be excluded;
and the ballot‑papers of the excluded candidate or candidates must be distributed in accordance with subsection (10).
(10) Where a candidate is, or candidates are, excluded in accordance with this section, the ballot‑papers of the excluded candidate or candidates must be transferred as follows:
(a) the total number of ballot‑papers:
(i) expressing a first preference for an excluded candidate; or
(ii) received by an excluded candidate on distribution from another excluded candidate at a transfer value of 1 vote;
being ballot‑papers expressing the next available preference for a particular continuing candidate must be transferred at a transfer value of 1 vote to the continuing candidate and added to the number of votes of the continuing candidate;
(b) the total number (if any) of other ballot‑papers obtained by an excluded candidate or the excluded candidates, as the case may be, must be transferred beginning with the ballot‑papers received by that candidate or those candidates at the highest transfer value and ending with the ballot‑papers received at the lowest transfer value, as follows:
(i) the total number of ballot‑papers received by the excluded candidate or candidates, as the case may be, at a particular transfer value and expressing the next available preference for a particular continuing candidate must be multiplied by that transfer value;
(ii) the number so obtained (disregarding any fraction) must be added to the number of votes of the continuing candidate;
(iii) all those ballot‑papers must be transferred to the continuing candidate.
(11) The procedure for a bulk exclusion, and the circumstances in which such an exclusion may be made, are as follows:
(a) a continuing candidate (in this subsection called Candidate A) must be identified, if possible, who, of the continuing candidates who each have a number of notional votes equal to or greater than the vacancy shortfall, stands lower or lowest in the poll;
(b) a continuing candidate (in this subsection called Candidate B) must be identified, if possible, who:
(i) stands lower in the poll than Candidate A, or if Candidate A cannot be identified, has a number of notional votes that is fewer than the vacancy shortfall; and
(ii) has a number of notional votes that is fewer than the number of votes of the candidate standing immediately higher than him or her in the poll; and
(iii) if 2 or more candidates satisfy subparagraphs (i) and (ii)—is the candidate who of those candidates stands higher or highest in the poll;
(c) in a case where Candidate B has been identified and has a number of notional votes fewer than the leading shortfall—Candidate B and any other continuing candidates who stand lower in the poll than that candidate may be excluded in a bulk exclusion;
(d) in a case where Candidate B has been identified and has a number of notional votes equal to or greater than the leading shortfall:
(i) a continuing candidate (in this subsection called Candidate C) must be identified who:
(A) has a number of notional votes that is fewer than the leading shortfall; and
(B) if 2 or more candidates satisfy sub‑subparagraph (A)—is the candidate who of those candidates stands higher or highest in the poll; and
(ii) Candidate C and all other continuing candidates who stand lower in the poll than that candidate may be excluded in a bulk exclusion.
(12) Where, apart from this subsection, the number of continuing candidates after a bulk exclusion under subsection (11) would be fewer than the number of remaining unfilled vacancies, subsection (11) is to operate to exclude only the number of candidates, beginning with the candidate who stands lowest in the poll, that would leave sufficient continuing candidates to fill the remaining unfilled vacancies.
(13) Notwithstanding any other provision of this section (other than subsection (18)), where a candidate or candidates has or have been elected and there are surplus votes as a result of that election, paragraphs (11)(a), (b), (c) and (d) may be applied as if references in those paragraphs to notional votes were references to adjusted notional votes.
(14) Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (9) or (15) of ballot‑papers of an excluded candidate or candidates, as the case may be, must be elected, and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected must be transferred in accordance with paragraphs (5)(a) and (b), except that, where the candidate so elected is elected before all the ballot‑papers of the excluded candidate or candidates, as the case may be, have been transferred, the surplus votes (if any) of the candidate so elected must not be transferred until the remaining ballot‑papers of the excluded candidate or candidates, as the case may be, have been transferred in accordance with paragraphs (10)(a) and (b) to continuing candidates.
(15) Subject to subsection (17) where, after the transfer of all of the ballot‑papers of an excluded candidate or the excluded candidates, as the case may be, no continuing candidate has received a number of votes greater than the quota:
(a) the continuing candidate who stands lowest in the poll must be excluded; or
(b) if a bulk exclusion of candidates may be effected under subsection (11), those candidates must be excluded;
and the ballot‑papers of the excluded candidate or candidates must be transferred in accordance with subsection (10).
(16) Where a candidate is elected during a transfer of ballot‑papers under subsection (9) or (15), no other ballot‑papers of an excluded candidate or candidates, as the case may be, are to be transferred to the candidate so elected.
(17) In respect of the last vacancy for which two continuing candidates remain, the continuing candidate who has the larger number of votes must be elected notwithstanding that that number is below the quota, and if those candidates have an equal number of votes the AEO is to determine which of the 2 candidates is elected.
(18) Notwithstanding any other provision of this section, where the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates must be elected.
(19) For the purposes of this Act:
(a) the order of election of candidates must be taken to be in accordance with the order of the count as a result of which they were elected, the candidates (if any) elected on the count of first preference votes being taken to be the earliest elected; and
(b) where 2 or more candidates are elected as a result of the same count, the order in which they must be taken to have been elected must be in accordance with the relative numbers of their votes, the candidate with the largest number of votes being taken to be the earliest elected. However if any 2 or more of those candidates each have the same number of votes, the order in which they must be taken to have been elected must be taken to be in accordance with the relative numbers of their votes at the last count before their election at which each of them had a different number of votes, the candidate with the largest number of votes at that count being taken to be the earliest elected, and if there has been no such count the AEO must determine the order in which they must be taken to have been elected.
(20) Subject to subsections (21) and (22), where, after any count under this section, 2 or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates must be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first.
(21) Subject to subsection (22), where, after any count under this section, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates must be in accordance with the relative numbers of votes of those candidates at the last count at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count being transferred first. However if there has been no such count the AEO must determine the order in which the surpluses must be dealt with.
(22) Where, after any count under this section, a candidate obtains surplus votes, those surplus votes must not be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count.
(23) Where a candidate is elected by reason that the number of first preference votes received by the candidate, or the aggregate of first preference votes received by the candidate and all other votes obtained by the candidate on transfers under this section, is equal to the quota, all the ballot‑papers expressing those votes must be set aside as finally dealt with.
(24) A ballot‑paper must be set aside as exhausted where on a transfer it is found that the paper expresses no preference for any continuing candidate.
(25) In any case to which section 110 applies, a vote indicated on a ballot‑paper opposite the name of a deceased candidate must be counted to the candidate next in the order of the voter’s preference, and the subsequent preferences of the voter are taken to be altered accordingly.
(26) For the purposes of this section:
(a) a transfer under subsection (5), (6) or (14) of all the surplus votes of an elected candidate; or
(b) a transfer under paragraph (10)(a) of all ballot‑papers of an excluded candidate or excluded candidates, received by that candidate, or one of those candidates:
(i) as the first preference vote; or
(ii) on distribution from another excluded candidate at a transfer value of 1 vote; or
(c) a transfer under paragraph (10)(b) of all ballot‑papers received by the excluded candidate or candidates, as the case may be, at a particular transfer value;
each constitutes a separate transfer.
(27) In this section:
adjusted notional vote in relation to a continuing candidate, means, in a case where a candidate or candidates has or have been elected, the sum of:
(a) the number of notional votes of the continuing candidate; and
(b) the number, before the transfer of any of the surplus votes, of those surplus votes.
continuing candidate means a candidate not already elected or excluded from the count.
leading shortfall in relation to a particular stage during the *scrutiny in an election, means the shortfall of the continuing candidate standing highest in the poll at that stage.
notional vote in relation to a continuing candidate, means the aggregate of the votes obtained by that candidate and the votes obtained by each other candidate who stands lower in the poll than him or her.
shortfall in relation to a continuing candidate at a particular stage during the scrutiny in an election, means the number of votes that the candidate requires at that stage in order to reach the quota referred to in subsection (4).
vacancy shortfall in relation to a particular stage during the scrutiny in an election, means the aggregate of the shortfalls of that number of leading candidates equal to the number of remaining unfilled vacancies, the leading candidates being ascertained by taking the continuing candidate who stands highest in the poll, the continuing candidate who stands next highest in the poll, and so on in the order in which the continuing candidates stand in the poll.
(28) In this section, a reference to votes, or ballot‑papers, as the case may be, of or obtained or received by a candidate includes votes, or ballot‑papers, as the case may be, obtained or received by the candidate on any transfer under this section.
(29) For the purposes of this section, at any time after the counting of first preference votes the order of standing of the continuing candidates in the poll must be determined as follows:
(a) subject to paragraph (b), the continuing candidates stand in the poll in the order of the relative number of votes of each continuing candidate, with the continuing candidate with the greatest number of votes standing highest in the poll and the continuing candidate with the fewest number of votes standing lowest in the poll;
(b) if 2 or more continuing candidates have the same number of votes, those candidates stand in the poll in the order of the relative number of votes of each of those candidates at the last count at which each of them had a different number of votes, with the continuing candidate with the greater or greatest number of votes at that count standing higher in the poll and the continuing candidate with the fewer or fewest number of votes at that count standing lower in the poll, but if there has been no such count the AEO must determine the order of standing of those candidates in the poll.
(30) When the last vacancy is filled, the *scrutiny must immediately cease and any exclusion in progress must not be completed.