sec.98Counting of votes for first-past-the-post system

### sec.98 Counting of votes for first-past-the-post system This section applies for counting votes in an election in which the system of voting is first-past-the-post voting. If only 1 person is to be elected, the candidate who receives the majority of votes is elected. If subsection (2) can not be applied because 2 or more candidates have an equal number of votes, the candidate whose name is recorded under subsection (7) (g) is elected. If 2 or more persons are to be elected (as councillors)—the candidates elected are— the candidate who receives the majority of votes; and the candidates who receive the next highest number of votes, up to the number of persons to be elected. A candidate who receives no votes has a number of votes that is 0. If— subsection (4) can not be applied because 2 or more candidates (the tied candidates ) have an equal number of votes; and the number of tied candidates, together with any candidates already elected under subsection (4) , is more than the number of persons to be elected; the candidate whose name is recorded under subsection (7) (g) is elected. A candidate who receives no votes has a number of votes that is 0. To remove any doubt, it is declared that, if— subsection (4) can not be applied there are tied candidates; and the number of tied candidates, together with any candidates already elected under subsection (4) , is not more than the number of persons to be elected; the tied candidates are elected. If three persons remain to be elected and the 2 candidates with the highest number of votes have an equal number of votes, the candidates are elected and then only 1 person would remain to be 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 (8) , 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 (7) (c) , the marbles must be— the same size and weight; and the same colours or numbers as the colours or numbers assigned under subsection (7) (b) to the candidates. The returning officer must allow each of the candidates, or their representative, to be present for the process mentioned in subsection (7) . s 98 amd 2014 No. 44 s 73 (sec.98-ssec.1) This section applies for counting votes in an election in which the system of voting is first-past-the-post voting. (sec.98-ssec.2) If only 1 person is to be elected, the candidate who receives the majority of votes is elected. (sec.98-ssec.3) If subsection (2) can not be applied because 2 or more candidates have an equal number of votes, the candidate whose name is recorded under subsection (7) (g) is elected. (sec.98-ssec.4) If 2 or more persons are to be elected (as councillors)—the candidates elected are— the candidate who receives the majority of votes; and the candidates who receive the next highest number of votes, up to the number of persons to be elected. A candidate who receives no votes has a number of votes that is 0. (sec.98-ssec.5) If— subsection (4) can not be applied because 2 or more candidates (the tied candidates ) have an equal number of votes; and the number of tied candidates, together with any candidates already elected under subsection (4) , is more than the number of persons to be elected; the candidate whose name is recorded under subsection (7) (g) is elected. A candidate who receives no votes has a number of votes that is 0. (sec.98-ssec.6) To remove any doubt, it is declared that, if— subsection (4) can not be applied there are tied candidates; and the number of tied candidates, together with any candidates already elected under subsection (4) , is not more than the number of persons to be elected; the tied candidates are elected. If three persons remain to be elected and the 2 candidates with the highest number of votes have an equal number of votes, the candidates are elected and then only 1 person would remain to be elected. (sec.98-ssec.7) 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 (8) , 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.98-ssec.8) For subsection (7) (c) , the marbles must be— the same size and weight; and the same colours or numbers as the colours or numbers assigned under subsection (7) (b) to the candidates. (sec.98-ssec.9) The returning officer must allow each of the candidates, or their representative, to be present for the process mentioned in subsection (7) . - (a) the candidate who receives the majority of votes; and - (b) the candidates who receive the next highest number of votes, up to the number of persons to be elected. - (a) subsection (4) can not be applied because 2 or more candidates (the tied candidates ) have an equal number of votes; and - (b) the number of tied candidates, together with any candidates already elected under subsection (4) , is more than the number of persons to be elected; - (a) subsection (4) can not be applied there are tied candidates; and - (b) the number of tied candidates, together with any candidates already elected under subsection (4) , is not more than the number of persons to be elected; - (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 (8) , 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 (7) (b) to the candidates.