Part 10The scrutiny

Part 10—The scrutiny Division 1—Preliminary 89—Scrutiny (1) The result of an election is to be ascertained by scrutiny. (2) The scrutiny must commence as soon as practicable after the close of poll and may be adjourned from time to time as may be necessary until the counting of the votes is complete. (3) Despite subsection (2), the returning officer or a deputy returning officer may undertake a preliminary scrutiny of declaration voting papers (without opening any envelope) before the close of poll. 90—Scrutineers (1) All proceedings at the scrutiny are open to the inspection of the scrutineers. (2) If a scrutineer objects to a ballot paper as being informal, the officer conducting the scrutiny must mark the ballot paper "admitted" or "rejected" according to his or her decision to admit or reject the ballot paper. (3) Nothing in this section prevents the officer conducting the scrutiny from rejecting a ballot paper as informal although it is not objected to. 91—Preliminary scrutiny (1) For the purposes of the scrutiny of declaration voting papers, the returning officer or a deputy returning officer— (a) must begin by producing the relevant applications for declaration voting papers and, unopened, the envelopes containing declaration ballot papers, being such envelopes received by him or her up to the end of the period of 7 days immediately following the close of the poll, or received by any other officer up to the close of the poll; and (b) must then— (i) in the case of declaration voting papers of voters whose votes were not taken before an officer, if satisfied— (A) of the identity of the elector (which must be verified in accordance with the regulations); and (B) that the vote was recorded before the close of the poll, accept the ballot paper for further scrutiny and proceed with the process by— (C) tearing off the extensions to the envelope flap on the envelope containing the ballot paper; and (D) rearranging the envelopes that no longer bear their tear‑off extensions so that the anonymity of the voter is maintained; and (E) withdrawing the ballot paper from its envelope and placing it in a securely closed ballot box or other facility reserved for such ballot papers, but, if the officer is not so satisfied, the officer must disallow the ballot paper without opening the envelope in which it is contained; or (ii) in the case of declaration voting papers of voters whose votes were taken before an officer, proceed with the process by— (A) tearing off the extensions to the envelope flap on the envelope containing the ballot paper; and (B) rearranging the envelopes that no longer bear their tear‑off extensions so that the anonymity of the voter is maintained; and (C) withdrawing the ballot paper from its envelope and placing it in a securely closed ballot box or other facility reserved for such ballot papers, unless the officer determines that there is proper cause at this stage for not accepting the ballot paper for further scrutiny under this Act; and (c) must then seal up in separate parcels and preserve— (i) all tear‑off extensions removed from envelopes; and (ii) all opened declaration envelopes relating to declaration ballot papers accepted for further scrutiny; and (iii) all unopened envelopes containing declaration ballot papers disallowed; and (d) must then proceed with the scrutiny of the declaration ballot papers that have been accepted for further scrutiny. (1a) However, if a ballot paper for a House of Assembly election and a ballot paper for a Legislative Council election are contained in the same envelope, and the ballot paper for the Legislative Council election is to be accepted for further scrutiny but not the ballot paper for the House of Assembly election, the returning officer must— (a) withdraw the ballot paper for the Legislative Council election and place it in the securely closed and sealed ballot box or other facility reserved for declaration ballot papers accepted for further scrutiny; and (b) seal up the envelope with the disallowed ballot paper for the House of Assembly election; and (c) place the envelope with the other envelopes containing disallowed declaration ballot papers. (1b) The returning officer, when acting under subsection (1a), must comply with the following provisions: (a) the returning officer must, if practicable, avoid removing the disallowed House of Assembly ballot paper from the envelope but, if not, both ballot papers may be removed from the envelope but the disallowed ballot paper for the House of Assembly must be returned to the envelope; and (b) the returning officer must, if practicable, avoid unfolding the ballot papers before dealing with them as required by this section but, if not, the returning officer may unfold them to the extent necessary to separate them; and (c) the returning officer must, as far as practicable, avoid looking at votes recorded on the ballot papers and must not allow anyone else to do so before dealing with them as required by this section. (2) If, in conducting a scrutiny, it appears to a returning officer or deputy returning officer that 2 or more declaration ballot papers in respect of the same election have been received from the same elector, the returning officer or deputy returning officer must, subject to this section, accept the first such ballot paper that came into his or her hands and reject the remainder from further scrutiny. Division 2—Interpretation and validity of ballot papers 92—Interpretation of ballot papers in Legislative Council elections (1) This section applies only in relation to a Legislative Council election. (2) If 1 or more numbers, that are not disregarded under section 94(4b), are placed in group voting squares on a ballot paper in relation to groups of candidates (each group being a preferenced group), the ballot paper is taken to have been marked as if— (a) each candidate in a preferenced group was given a different number starting from 1; and (b) candidates in a preferenced group were numbered consecutively starting with the candidate whose name on the ballot paper is at the top of the group to the candidate whose name is at the bottom; and (c) the order in which candidates in different preferenced groups are numbered is worked out by reference to the order in which the groups were numbered on the ballot paper, starting with the group marked 1; and (d) when all the candidates in a preferenced group have been numbered, the candidate whose name is at the top of the next preferenced group is given the next consecutive number. (3) If a voter marks 1 or more group voting squares in accordance with subsection (2) but also indicates preferences for individual candidates, the following provisions apply: (a) if the indication of preferences for individual candidates would not, if it stood alone, constitute an informal vote, that indication of preferences will be taken to be the vote of the voter and any marks in the group voting squares will be disregarded; (b) if the indication of preferences for individual candidates would, if it stood alone, constitute an informal vote, the voter will be taken to have recorded their vote by the marking of the group voting square or squares in accordance with subsection (2) and all other purported indications of preferences will be disregarded. 93—Interpretation of ballot papers in House of Assembly elections (1) This section applies only in relation to a House of Assembly election. (2) Where— (a) a voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and indicates no further preference; and (b) there is 1 voting ticket registered for the purposes of the election in relation to that candidate, the ballot paper will be taken to have been marked in accordance with that voting ticket. (3) Where— (a) a voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and indicates no further preference; and (b) there are 2 voting tickets registered for the purposes of the election in relation to that candidate, then the ballot paper is to be grouped with other ballot papers marked in the same manner and— (c) if the number of those ballot papers is an even number—half of them will be taken to have been marked in accordance with one ticket and half in accordance with the other; or (d) if the number of those ballot papers is not an even number— (i) one of the ballot papers will be taken to have been marked in accordance with whichever of the 2 tickets is determined by lot by the returning officer; and (ii) half the remainder (if any) will be taken to have been marked in accordance with one ticket and half in accordance with the other. (4) Where— (a) a voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and proceeds to indicate further preferences by consecutive numbers; and (b) there is 1 voting ticket registered for the purposes of the election in relation to that candidate; and (c) the preferences indicated by the voter are consistent with that voting ticket; and (d) the ballot paper would, apart from this subsection, be informal, the ballot paper will be taken to have been marked in accordance with that voting ticket. (5) Where— (a) a voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and proceeds to indicate further preferences by consecutive numbers; and (b) there are 2 voting tickets registered for the purposes of the election in relation to the candidate; and (c) the preferences indicated by the voter are consistent with one or both of those voting tickets; and (d) the ballot paper would, apart from this subsection, be informal, the ballot paper, if consistent with both voting tickets, will be treated as if it had been marked only with the number 1 and dealt with in accordance with subsection (3), but if it is consistent with one only of the voting tickets, it will be taken to have been marked in accordance with that voting ticket. 94—Informal ballot papers (1) Subject to this section, a ballot paper is informal if— (a) it is not authenticated by the initials of the officer by whom it was issued, or by an official mark as prescribed; or (b) — (i) in the case of a ballot paper for a House of Assembly election—it has no vote indicated on it, or it does not indicate, in the manner required by this Act, the order of the voter's preference for all candidates in the election; or (ii) in the case of a ballot paper for a Legislative Council election—it has no vote indicated on it, or it does not indicate, in the manner required by this Act, the order of the voter's preference for candidates in the election; or (d) in the case of a ballot paper required by this Act to be deposited in a ballot box or other secured facility—it is not so deposited. (2) A ballot paper that is not duly authenticated by initials or an official mark is not informal by reason of subsection (1)(a) if the officer responsible for considering whether the ballot paper should be admitted is satisfied that it is an authentic ballot paper on which a voter has marked his or her vote. (3) Where a voter indicates by consecutive numbers commencing with the number 1 the order of his or her preference for all candidates on a ballot paper for a House of Assembly election except one— (a) the ballot paper is not informal; and (b) it will be presumed that the candidate for whom no preference is expressed is the one least preferred by the voter and that the voter has accordingly indicated the order of his or her preference for all candidates. (4) A ballot paper for a House of Assembly election to which effect can be given under the provisions of this Division relating to registered voting tickets is not informal by reason of subsection (1)(b)(i). (4a) A ballot paper for a Legislative Council election where there are more than 6 candidates is not informal under subsection (1)(b)(ii) if the voter has placed consecutive numbers (starting from the number 1) in the squares printed opposite the names of at least 6 candidates in total. (4b) For the purposes of this Act, the following numbers placed in a square printed opposite the name of a candidate, or placed in a group voting square, on a ballot paper for a Legislative Council election are to be disregarded: (a) numbers that are repeated and any higher numbers; (b) if a number is missed—any numbers that are higher than the missing number. (5) Where a candidate in a Legislative Council election dies between the date of nomination and polling day— (a) a ballot paper is not informal by reason only— (i) of the inclusion on the ballot paper of the name of the deceased candidate; or (ii) of the marking of any consecutive number opposite that name; or (iii) of the omission to place any number opposite that name, or of any resultant failure to indicate in consecutive order the voter's preferences; and (b) a preference indicated on the ballot paper for that candidate must be ignored and subsequent preferences renumbered accordingly. (6) Where— (a) a ballot paper has not been marked by a voter in the manner required by this Act; but (b) despite that fact, the voter's intention is clear, the ballot paper is not informal and will be counted as if the voter's intention had been properly expressed in the manner required by this Act. (7) A ballot paper is not informal except for a reason specified in this section. Division 3—Counting of votes 95—Scrutiny of votes in Legislative Council election (1) In a Legislative Council election, the scrutiny must, subject to this Act, be conducted, and the vacancies must be filled, in the manner set out in this section. (2) Each assistant returning officer must, in the presence of an assistant presiding officer or a poll clerk, and of such authorised scrutineers as may attend— (a) open all ballot boxes sent to him or her, or received from polling places within or for that portion of the district in which he or she exercises his or her powers; and (ab) in relation to ballot papers of a kind referred to in sections 79(1)(b), 80(3)(d)(i) and 80A(3)(a1), withdraw the ballot papers from their envelopes; and (b) reject all informal ballot papers, and arrange the unrejected ballot papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and (c) count the first preference votes given for each candidate on all unrejected ballot papers; and (d) make out and sign a statement setting out the number of first preference votes given for each candidate, and the number of informal ballot papers; and (e) place in a separate parcel all the ballot papers which have been rejected as informal; and (f) transmit the following information, in an expeditious manner, to the deputy returning officer for the division: (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 (h) transmit the parcels to the deputy returning officer with the least possible delay, together with the statement specified in paragraph (d). (3) The deputy returning officer must— (a) open all ballot boxes and other facilities used for keeping voting papers not opened by an assistant returning officer and must conduct the scrutiny of the ballot papers contained in those boxes or facilities, as far as practicable, in the manner described above; and (b) if authorised by the Electoral Commissioner— (i) open the sealed parcels of ballot papers received from the assistant returning officers that comprise ballot papers where voting has occurred by the use of a group voting square; and (ii) make a fresh scrutiny of the ballot papers contained in those parcels, and for that purpose he or she has the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision given in the original scrutiny; and (iii) arrange the unrejected ballot papers so scrutinised by him or her under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate by virtue of the group voting square; and (iv) count the first preference votes given for each candidate on all unrejected ballot papers arranged under subparagraph (iii); and (v) make out and sign a statement setting out the number of first preference votes given for each candidate under subparagraph (iv), and the number of informal ballot papers under this paragraph; and (vi) place in a separate parcel all the ballot papers which have been rejected as informal under this paragraph; and (c) seal up all parcels created under this subsection and endorse on each parcel a description of its contents; and (d) complete a return, in a form determined by the Electoral Commissioner, addressed to the returning officer for the Legislative Council; and (e) transmit all voting papers, together with the return, to the returning officer for the Legislative Council. (4) Subject to subsection (4a), the returning officer for the Legislative Council must— (a) open the sealed parcels of ballot papers received from the deputy returning officers and make a fresh scrutiny of the ballot papers contained in the parcels, and for that purpose he or she has the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision given by an assistant or deputy returning officer in relation to the original scrutiny; and (b) arrange the unrejected ballot papers so scrutinised by him or her under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and (c) count the first preference votes given for each candidate on those ballot papers. (4a) The returning officer may, to such extent as he or she determines to be appropriate, rely on any information contained in a return under subsection (3) in substitution for conducting a fresh scrutiny under subsection (4) (and that information will then, to the extent determined by the returning officer, have full effect for the purposes of the succeeding provisions of this section). (5) Where, for the purposes of the succeeding provisions of this section, the number of ballot papers or votes in any category is required to be ascertained or a quota or transfer value is required to be determined, the returning officer must determine the quota or transfer value. (6) The number of first preference votes given for each candidate and the total number of all such votes is to 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 will be elected. (7) 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 will be transferred to the continuing candidates as follows: (a) the number of surplus votes of the elected candidate will be divided by the number of first preference votes received by him or her and the resulting fraction will be the transfer value; (b) the total number of ballot papers of the elected candidate that express the first preference vote for him or her and the next available preference (if any) for a particular continuing candidate will be multiplied by the transfer value, the number so obtained (disregarding any fraction) will be added to the number of first preference votes of the continuing candidate and all those ballot papers will 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 will be elected. (7a) A ballot paper that is, under subsection (7), required to be transferred to a continuing candidate must be set aside as finally dealt with if it does not indicate a next available preference for a continuing candidate. (8) Unless all the vacancies have been filled, the surplus votes (if any) of any candidate elected under subsection (7), or elected subsequently under this subsection, will be transferred to the continuing candidates in accordance with subsection (7)(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 will be elected. (9) 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 (7) or (8) of the surplus votes of a particular elected candidate, no votes of any other candidate will be transferred to the continuing candidate. (10) For the purposes of the application of subsection (7)(a) and (b) in relation to a transfer under subsection (8) or (12) of the surplus votes of an elected candidate, each ballot paper of the elected candidate that was obtained by him or her on a transfer under this section will be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if the name of any other candidate previously elected or excluded had not been on the ballot paper and as if the numbers indicating subsequent preferences (if any) had been altered accordingly. (11) Where, after the counting of first preference votes or the transfer of surplus votes (if any) of elected candidates, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes will be excluded and all his or her votes will be transferred to the continuing candidates as follows: (a) the total number of ballot papers of the excluded candidate that express the first preference vote for him or her and the next available preference (if any) for a particular continuing candidate will be transferred, each ballot paper at a transfer value of 1, to the continuing candidate and added to the number of votes of the continuing candidate and all those ballot papers will be transferred to the continuing candidate; (b) the total number (if any) of other votes obtained by the excluded candidate on transfers under this section will be transferred from the excluded candidate in the order of the transfers on which he or she obtained them, the votes obtained on the earliest transfer being transferred first, as follows: (i) the total number of ballot papers transferred to the excluded candidate from a particular candidate and expressing the next available preference (if any) for a particular continuing candidate will be multiplied by the transfer value at which the votes were so transferred to the excluded candidate; (ii) the number so obtained (disregarding any fraction) will be added to the number of votes of the continuing candidate; (iii) all those ballot papers will be transferred to the continuing candidate. (c) a ballot paper that under this subsection is, pursuant to the exclusion of a candidate, required to be transferred to a continuing candidate must be set aside as finally dealt with if it does not indicate a next available preference for a continuing candidate. (12) 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 (11) or (13) of votes of an excluded candidate is elected, and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected will be transferred in accordance with subsection (7)(a) and (b), except that, where the candidate so elected is elected before all the votes of the excluded candidate have been transferred, the surplus votes (if any) of the candidate so elected will not be transferred until the remaining votes of the excluded candidate have been transferred in accordance with subsection (11)(a) and (b) to continuing candidates. (13) Subject to subsection (16), where, after the transfer of all the votes of an excluded candidate, no continuing candidate has received a number of votes greater than the quota, the continuing candidate who has the fewest votes is excluded and his or her votes transferred in accordance with subsection (11)(a) and (b). (14) Where a candidate is elected as a result of a transfer of the first preference votes of an excluded candidate or a transfer of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular candidate, no other votes of the excluded candidate will be transferred to the candidate so elected. (15) In respect of the last vacancy for which 2 continuing candidates remain, the continuing candidate who has the most votes will be elected despite the fact that the number may be below the quota. (16) However, if, in respect of a vacancy referred to in subsection (15), the continuing candidates have an equal number of votes, the matter must be referred, on the application of the Electoral Commissioner, to the Court of Disputed Returns for the Court to determine the validity of any disputed ballot papers and— (a) if the deadlock is resolved—the Court must declare the appropriate candidate elected; but (b) if the deadlock is not resolved—the Court must order a fresh election to be held in accordance with any directions of the Court with the continuing candidates as the sole candidates in that election. (16a) Subsection (16) does not limit the jurisdiction of the Court of Disputed Returns under Division 2 of Part 12 in relation to an election. (17) Despite any other provision of this section, where, on the completion of a transfer of votes under this section, the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates are elected (regardless of whether those candidates have received a number of votes equal to or greater than the quota). (18) The returning officer must, on the completion of the last count— (a) make out and sign a statement setting out the number of ballot papers and votes counted to each candidate at each count and the number of informal ballot papers, and forward the statement to the Electoral Commissioner; and (b) place in a separate parcel all the ballot papers which have been rejected as informal; and (c) place in a separate parcel all the unrejected ballot papers; and (d) 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. (19) For the purposes of this Act— (a) the order of election of candidates in a Legislative Council election will be taken to be in accordance with the order of the count or transfer 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 or transfer, the order in which they will be taken to have been elected will 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, but if any 2 or more of those candidates each have the same number of votes, the order in which they will be taken to have been elected will be taken to be in accordance with the relative numbers of their votes at the last count or transfer 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 or transfer being taken to be the earliest elected, and if there has been no such count or transfer the returning officer will determine the order in which they will be taken to have been elected. (20) Subject to subsections (21) and (22), where, after any count or transfer under this section, 2 or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates will 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 or transfer under this section, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates will be in accordance with the relative numbers of votes of those candidates at the last count or transfer 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 or transfer being transferred first, but if there has been no such count or transfer the returning officer must determine the order in which the surpluses are to be dealt with. (22) Where, after any count or transfer 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 or transfer. (23) Where the candidate who has the fewest votes is required to be excluded and 2 or more candidates each have the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes will be excluded, but if there has been no such count or transfer, the returning officer must determine which candidate is to be excluded. (24) 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. (25) In a case where a candidate has died between the date of nomination and polling day, a vote indicated on a ballot paper opposite the name of the deceased candidate must be counted to the candidate next in the order of the voter's preference (if any), and the numbers indicating subsequent preferences (if any) will be taken to be altered accordingly. (26) For the purposes of this section, a transfer under subsection (7), (8) or (12) of the surplus votes of an elected candidate, a transfer in accordance with subsection (11)(a) of all first preference votes of an excluded candidate or a transfer in accordance with subsection (11)(b) of all the votes of an excluded candidate that were transferred to him or her from a particular candidate each constitutes a separate transfer. (27) In this section— continuing candidate means a candidate not already elected or excluded from the count. (28) In this section, a reference to votes of or obtained or received by a candidate includes votes obtained or received by the candidate on any transfer under this section. 96—Scrutiny of votes in House of Assembly election (1) In a House of Assembly election, the scrutiny must, subject to this Act, be conducted in the following manner. (2) Each assistant returning officer must, in the presence of an assistant presiding officer or a poll clerk, and of such authorised scrutineers as may attend— (a) open all ballot boxes sent to him or her, or received from polling places within or for that portion of the district in which he or she exercises powers; and (ab) in relation to ballot papers of a kind referred to in sections 79(1)(b), 80(3)(d)(i) and 80A(3)(a1) relating to the district and sent to the assistant returning officer, withdraw the ballot papers from their envelopes; and (b) reject all informal ballot papers, and arrange the unrejected ballot papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and (c) count the first preference votes given for each candidate on all unrejected ballot papers; and (d) make out and sign a statement setting out the number of first preference votes given for each candidate, and the number of informal ballot papers; and (e) place in a separate parcel all the ballot papers which have been rejected as informal; and (f) transmit the following information, in an expeditious manner, to the district returning officer: (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 the parcels to the district returning officer with the least possible delay, together with the statement specified in paragraph (d), and the district returning officer must open all ballot boxes not opened by an assistant returning officer and conduct the scrutiny of the ballot papers contained in those boxes (as far as applicable) in the manner described above. (3) From the statements transmitted to the district returning officer by the assistant returning officers in or for the district, and the result of the scrutiny of the votes counted by him or her, the district returning officer will ascertain the total number of first preference votes given for each candidate for the district. (4) The candidate who has received the largest number of first preference votes is, if that number constitutes an absolute majority of votes, elected. (5) If no candidate has received an absolute majority of first preference votes, the district returning officer— (a) must open the sealed parcels of ballot papers received from the assistant returning officers for the district; and (b) must make a fresh scrutiny of the ballot papers contained in the parcels, and, for the purpose of that scrutiny, the district returning officer— (i) has the same powers as if it were the original scrutiny; and (ii) may reverse any decision given by an assistant returning officer in relation to the original scrutiny; and (c) from the result of the scrutiny of the votes counted by the district returning officer and the fresh scrutiny conducted by him or her under this subsection—must ascertain the total number of first preference votes given for each candidate and the number of informal ballot papers; and (d) must proceed with the scrutiny and the counting of the votes as follows: (i) the candidate who has received the fewest first preference votes will be excluded, and each ballot paper counted to that candidate is to be counted to the candidate next in the order of the voter's preference; and (ii) 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 that candidate's ballot papers to the unexcluded candidate next in the order of the voter's preference, is to be repeated until 1 candidate has received an absolute majority of votes; and (iii) the candidate who has received an absolute majority of votes will be elected. (6) If on any count 2 or more candidates have an equal number of votes, and one of them has to be excluded, the district returning officer must decide which are to be excluded, but if in the final count 2 candidates have an equal number of votes— (a) the matter must be referred, on the application of the Electoral Commissioner, to the Court of Disputed Returns; (b) the Court must determine the validity of any disputed ballot papers; (c) if it then appears that the deadlock has been resolved, the Court must declare the appropriate candidate elected, but if not, the Court must order a fresh election. (7) Subsection (6) does not limit the jurisdiction of the Court of Disputed Returns under Division 2 of Part 12 in relation to an election. (8) In this section, an absolute majority of votes means a greater number than one-half of the whole number of ballot papers other than informal ballot papers. (9) The district returning officer must— (a) place in a separate parcel all the ballot papers which have been rejected as informal; and (b) place in a separate parcel all the unrejected ballot papers; and (c) 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. (10) Where 3 or more candidates stood for election in a district, then, despite the election of a candidate, the process of excluding the candidate who has the fewest votes and attributing his or her votes to the candidate next in order of the voter's preference is to be continued until there are only 2 unexcluded candidates. (11) The Electoral Commissioner must, within 3 months after the return of the writ, cause to be published in the Gazette a notice showing the number of votes attributable to each of the 2 unexcluded candidates at the conclusion of the process referred to in subsection (10).