sec.97Counting of votes for optional-preferential system

### sec.97 Counting of votes for optional-preferential system This section applies for counting votes in an election in which the system of voting is optional-preferential voting. If, after final counting under section 95 , an absolute majority of formal first-preference votes are for 1 candidate, that candidate is elected. Alternatively, if there is no absolute majority of the formal first-preference votes for 1 candidate, a further count assigning preference votes must be conducted and, if necessary, repeated until an absolute majority of the remaining votes are for 1 candidate. For subsection (3) , a further count assigning preference votes is conducted by— excluding the candidate with the fewest votes in a previous count; and excluding all ballot papers on which there is not recorded a preference vote for a candidate who has not been excluded for the count or a previous count; and assigning each preference vote recorded on the remaining ballot papers to the candidate who— is next in the order of an elector’s preference on the ballot paper; and has not been excluded; and counting the number of votes (first-preference votes for a candidate together with any preference votes assigned to the candidate) for each candidate who has not been excluded. If, after final counting under subsection (4) , an absolute majority of the votes remaining in the count are for 1 candidate, that candidate is elected. If subsection (4) (a) can not be applied because 2 or more candidates (1 of whom must be excluded) have an equal number of votes, the candidate to be excluded is— if there has been an earlier count—the candidate who had the fewest votes at the last count at which the candidates did not have an equal number of votes; or if there has not been an earlier count or the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (7) . For subsection (6) (b) , the returning officer must, in the presence of any candidates, or their representative, who wish to attend— write the names of the candidates who have an equal number of votes on similar slips of paper; and fold the slips, concealing the names; and put the slips in an opaque container and shuffle them; and raise the container so that its contents can not be seen and choose a slip at random. If, under subsection (6) , the candidates who have an equal number of votes are the only candidates remaining in the count, then, despite subsection (6) , the candidate whose name is recorded under subsection (9) (g) is elected. The returning officer must, in the presence of 2 witnesses— prepare a list of the candidates; and assign a different number or colour to each candidate; and place only the marbles, balls or other similar things ( marbles ), complying with subsection (10) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and rotate the container and permit another person present who wishes to do so to rotate it; and raise the container so that its contents can not be seen; and while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container. For subsection (9) (c) , the marbles must be— the same size and weight; and the same colours or numbers as the colours or numbers assigned under subsection (9) (b) to the candidates. The returning officer must allow each of the 2 candidates, or their representative, to be present for the process mentioned in subsection (9) . In this section— absolute majority means more than 50% of votes. (sec.97-ssec.1) This section applies for counting votes in an election in which the system of voting is optional-preferential voting. (sec.97-ssec.2) If, after final counting under section 95 , an absolute majority of formal first-preference votes are for 1 candidate, that candidate is elected. (sec.97-ssec.3) Alternatively, if there is no absolute majority of the formal first-preference votes for 1 candidate, a further count assigning preference votes must be conducted and, if necessary, repeated until an absolute majority of the remaining votes are for 1 candidate. (sec.97-ssec.4) For subsection (3) , a further count assigning preference votes is conducted by— excluding the candidate with the fewest votes in a previous count; and excluding all ballot papers on which there is not recorded a preference vote for a candidate who has not been excluded for the count or a previous count; and assigning each preference vote recorded on the remaining ballot papers to the candidate who— is next in the order of an elector’s preference on the ballot paper; and has not been excluded; and counting the number of votes (first-preference votes for a candidate together with any preference votes assigned to the candidate) for each candidate who has not been excluded. (sec.97-ssec.5) If, after final counting under subsection (4) , an absolute majority of the votes remaining in the count are for 1 candidate, that candidate is elected. (sec.97-ssec.6) If subsection (4) (a) can not be applied because 2 or more candidates (1 of whom must be excluded) have an equal number of votes, the candidate to be excluded is— if there has been an earlier count—the candidate who had the fewest votes at the last count at which the candidates did not have an equal number of votes; or if there has not been an earlier count or the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (7) . (sec.97-ssec.7) For subsection (6) (b) , the returning officer must, in the presence of any candidates, or their representative, who wish to attend— write the names of the candidates who have an equal number of votes on similar slips of paper; and fold the slips, concealing the names; and put the slips in an opaque container and shuffle them; and raise the container so that its contents can not be seen and choose a slip at random. (sec.97-ssec.8) If, under subsection (6) , the candidates who have an equal number of votes are the only candidates remaining in the count, then, despite subsection (6) , the candidate whose name is recorded under subsection (9) (g) is elected. (sec.97-ssec.9) The returning officer must, in the presence of 2 witnesses— prepare a list of the candidates; and assign a different number or colour to each candidate; and place only the marbles, balls or other similar things ( marbles ), complying with subsection (10) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and rotate the container and permit another person present who wishes to do so to rotate it; and raise the container so that its contents can not be seen; and while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container. (sec.97-ssec.10) For subsection (9) (c) , the marbles must be— the same size and weight; and the same colours or numbers as the colours or numbers assigned under subsection (9) (b) to the candidates. (sec.97-ssec.11) The returning officer must allow each of the 2 candidates, or their representative, to be present for the process mentioned in subsection (9) . (sec.97-ssec.12) In this section— absolute majority means more than 50% of votes. - (a) excluding the candidate with the fewest votes in a previous count; and - (b) excluding all ballot papers on which there is not recorded a preference vote for a candidate who has not been excluded for the count or a previous count; and - (c) assigning each preference vote recorded on the remaining ballot papers to the candidate who— (i) is next in the order of an elector’s preference on the ballot paper; and (ii) has not been excluded; and - (i) is next in the order of an elector’s preference on the ballot paper; and - (ii) has not been excluded; and - (d) counting the number of votes (first-preference votes for a candidate together with any preference votes assigned to the candidate) for each candidate who has not been excluded. - (i) is next in the order of an elector’s preference on the ballot paper; and - (ii) has not been excluded; and - (a) if there has been an earlier count—the candidate who had the fewest votes at the last count at which the candidates did not have an equal number of votes; or - (b) if there has not been an earlier count or the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (7) . - (a) write the names of the candidates who have an equal number of votes on similar slips of paper; and - (b) fold the slips, concealing the names; and - (c) put the slips in an opaque container and shuffle them; and - (d) raise the container so that its contents can not be seen and choose a slip at random. - (a) prepare a list of the candidates; and - (b) assign a different number or colour to each candidate; and - (c) place only the marbles, balls or other similar things ( marbles ), complying with subsection (10) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and - (d) rotate the container and permit another person present who wishes to do so to rotate it; and - (e) raise the container so that its contents can not be seen; and - (f) while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and - (g) record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container. - (a) the same size and weight; and - (b) the same colours or numbers as the colours or numbers assigned under subsection (9) (b) to the candidates.