91 Storage and destruction of electoral papers
(1) A returning officer, other than the Electoral Commissioner, must:
(a) securely store electoral papers in the returning officer's
possession; and
(b) give the electoral papers to the Electoral Commissioner on the
earlier of the following days:
(i) the day on which the returning officer ceases to be a
returning officer;
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(ii) the day on which the returning officer is first satisfied that
the electoral papers are no longer required for exercising
a power or performing a function under these
Regulations.
(2) Until the Electoral Commissioner is satisfied that electoral papers in
the Electoral Commissioner's possession are no longer required for
exercising a power or performing a function under these
Regulations, the Electoral Commissioner must securely store:
(a) the electoral papers in the Electoral Commissioner's
possession as returning officer for an election; and
(b) the electoral papers that came into the Electoral
Commissioner's possession under subregulation (1)(b).
(3) The Electoral Commissioner may destroy the electoral papers when
they are no longer required to be stored under subregulation (2).
(4) A returning officer for an election commits an offence if:
(b) the conduct results in electoral papers that were used for the
election being damaged or destroyed; and
Maximum penalty: 100 penalty units.
(5) A returning officer for an election commits an offence if:
(b) the conduct results in electoral papers that were used for the
election not being given to the Electoral Commissioner as
required by subregulation (1)(b); and
(6) An offence against subregulation (4) or (5) does not apply to the
Electoral Commissioner.
(7) It is a defence to a prosecution for an offence against
subregulation (4) or (5) if the defendant has a reasonable excuse.
Local Government (Electoral) Regulations 2021 53
electoral papers means papers in the possession of the Electoral
Commissioner or another returning officer that were used for an
election, including postal voting papers that were not delivered and
have been returned to the returning officer.
Local Government (Electoral) Regulations 2021 54
regulations 66 to 69
1 Definitions
In this Schedule:
continuing candidate means a candidate not already elected or
excluded from a count under this Schedule.
elected, in relation to a candidate, means the candidate is to be
elected as determined under this Schedule.
excluded candidate means a candidate who is excluded under
clause 8 or 10.
quota means the quota calculated under clause 5(1)(d).
surplus, of an elected candidate, see clause 6(1).
transfer value:
(a) for a transfer of the surplus of an elected candidate – see
clause 6(1)(a) (including that clause as affected by clause 7);
or
(b) for a transfer of the votes of an excluded candidate – means
the transfer value mentioned in clause 8(3) or (5).
2 References to votes for a candidate
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 Schedule.
3 What constitutes a separate transfer
For this Schedule, each of the following constitutes a separate
transfer:
(a) a transfer under clause 6 or 9(2) of the surplus of any elected
(b) a transfer under clause 8(3) of all first preference votes of an
excluded candidate;
(c) a transfer under clause 8(5) of all the votes of an excluded
candidate that were transferred from another candidate.
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4 Roles of authorised officer, other officers and scrutineers
The counting of votes for an electorate must be conducted by an
authorised officer (the authorised officer) with the assistance of
any other authorised officers, and in the presence of any
scrutineers, under this Schedule.
5 Determination of quota and election of candidate on first
preference votes
(1) The authorised officer must:
(a) ascertain the number of first preference votes given to each
candidate in the electorate; and
(b) ascertain the total number of all first preference votes given in
the electorate (the amount A); and
(c) add 1 to the number of candidates required to be elected for
the electorate (the amount B); and
(d) determine the quota for each electorate, which is worked out
as follows:
(i) divide A by B (disregarding any fraction);
(ii) add 1 to the amount worked out under subparagraph (i).
(2) Any candidate who has received a number of first preference votes
equal to or greater than the quota is elected.
(3) For this Schedule, if the total number of all first preference votes
given in the electorate is 150 or less, the number of votes of any
kind contained in the ballot papers are taken to be the amount
worked out by multiplying the number of votes of that kind
contained in the ballot papers by 100.
6 Transfer of surplus from elected candidates
(1) Unless all the vacancies for the electorate have been filled, the
number (if any) of votes in excess of the quota (the surplus) of
each elected candidate must be transferred to the continuing
candidates as follows:
(a) the surplus must be divided by the number of first preference
votes received by the elected candidate (the resulting fraction
is the transfer value);
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(b) the total number of ballot papers of the elected candidate that
both 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;
(c) 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.
Note for subclause (1)
Under clause 7, the transfer value for an elected candidate's surplus is calculated
by dividing the surplus by the total number of ballot papers received by the
elected candidate, including those expressing votes that are taken to be first
preference votes for the elected candidate under clause 7(a).
(2) Any continuing candidate who has received a number of votes
equal to or greater than the quota on the completion of any transfer
under subclause (1) is elected.
(3) Unless all the vacancies for the electorate have been filled:
(a) the surplus (if any) of any candidate elected under
subclause (2), or elected subsequently under this subclause,
must be transferred to the continuing candidates in
accordance with subclause (1); and
(b) any continuing candidate who has received a number of votes
equal to or greater than the quota on the completion of any
such transfer is elected.
Note for subclause (3)
See clause 7.
(4) If a continuing candidate has received a number of votes equal to
or greater than the quota on the completion of a transfer of the
surplus of a particular elected candidate because of subclause (1)
or (3), no votes of any other candidate are to be transferred to the
continuing candidate.
7 How to deal with ballot papers on transfer of surplus
For the purpose of applying clause 6(1) to a transfer of the surplus
of an elected candidate because of clause 6(3)(a) or 9(2), each
ballot paper of the elected candidate that was obtained on a
transfer under this Schedule must be dealt with as if:
(a) any vote it expressed for the elected candidate were a first
preference vote; and
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(b) any other candidate previously elected or excluded had not
been a candidate; and
(c) the subsequent preferences of the voter had been altered
accordingly.
8 Transfer of ballot papers on exclusion of candidate
(1) This clause applies if no candidate has, or fewer than the number of
candidates required to be elected have, received a number of votes
equal to or greater than the quota after:
(a) the counting of first preference votes; or
(b) the election of a candidate and the transfer of the surplus (if
any) of the elected candidate that are capable of being
transferred.
(2) If this clause applies:
(a) the candidate who has the fewest votes must be excluded;
and
(b) the excluded candidate's votes and ballot papers must be
transferred to the continuing candidates as provided in
subclauses (3) to (6).
(3) The total number of first preference votes for the excluded
candidate contained in ballot papers that express the next available
preference for a particular continuing candidate must be transferred
(each first preference vote at a transfer value of one) to the
continuing candidate.
(4) The transferred votes must be added to the number of votes of the
continuing candidate and all the ballot papers containing those
votes must be transferred to the continuing candidate.
(5) The total number (if any) of other votes obtained by the excluded
candidate on transfers under this Schedule must be transferred
from the excluded candidate in the order of the transfers on which
they were obtained (the votes obtained on the earliest transfer
being transferred first) as follows:
(a) the total number of ballot papers of the excluded candidate
received from a particular candidate that express the next
available preference for a particular continuing candidate must
be multiplied by the transfer value at which the votes
contained in those papers were transferred to the excluded
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(b) the number so obtained (disregarding any fraction) must be
added to the number of votes of the continuing candidate;
(c) all those ballot papers must be transferred to the continuing
candidate.
(6) However, the total number of ballot papers of the excluded
candidate received from all candidates may be amalgamated if:
(a) those ballot papers have the same transfer value; and
(b) the election was for a single vacancy.
9 Election of candidate on transfer of excluded candidate's votes
and transfer of surplus of elected candidate
(1) Any continuing candidate who has received a number of votes
equal to or greater than the quota on the completion of a transfer
under clause 8 of votes of an excluded candidate is elected.
(2) Unless all the vacancies for the electorate have been filled, the
surplus (if any) of the candidate so elected must be transferred in
accordance with clause 6.
Note for subclause (2)
See clause 7.
(3) Despite subclause (2), if the candidate so elected is elected before
all the votes of the excluded candidate have been transferred, the
surplus (if any) of the candidate so elected must not be transferred
until the remaining votes of the excluded candidate have been
transferred as provided in clause 8(3) to (5) to continuing
candidates.
10 Further exclusion of candidate
Subject to clause 12, if after the exclusion of a candidate and the
transfer of the votes (if any) of the excluded candidate that are
capable of being transferred, no continuing candidate has received
a number of votes greater than the quota:
(a) the continuing candidate who has the fewest votes must be
excluded; and
(b) that continuing candidate's votes and ballot papers must be
transferred in accordance with clause 8(3) to (5).
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11 No further transfer of votes
If a candidate is elected as a result of either of the following, no
other votes of the excluded candidate may be transferred to the
candidate so elected:
(a) a transfer of the first preference votes of an excluded
(b) a transfer of all the votes of an excluded candidate that were
transferred to the excluded candidate from a particular
candidate.
12 Election of candidate out of 2 continuing candidates
(1) For the last vacancy for which 2 continuing candidates remain, the
continuing candidate who has the larger number of votes is elected
even if that number is below the quota.
(2) If those candidates have the same number of votes, the candidate
with the larger number of votes at the last preceding count or
transfer is taken to be elected.
(3) If the number of votes at the last preceding count or transfer was
equal:
(a) the candidate with the larger number of votes at the last
preceding count or transfer at which those candidates had a
different number of votes is taken to be elected; or
(b) if there is no preceding count or transfer at which those
candidates had a different number of votes – the authorised
officer must, in the presence of any scrutineers who may be
present, draw lots to determine which of the candidates is to
be elected.
13 Election of candidates if number of vacancies equal to number
of continuing candidates
Despite anything to the contrary in this Schedule, if on the
completion of a transfer of votes under this Schedule the number of
continuing candidates is equal to the number of remaining unfilled
vacancies, those continuing candidates are elected.
14 Order of election
(1) For this Schedule, the order of election of candidates must be:
(a) in accordance with the order of the count or transfer as a
result of which they were elected; and
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(b) on the basis that the candidates (if any) elected on the count
of first preference votes are to be the earliest elected.
(2) If 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
must be:
(a) in accordance with the relative numbers of their votes; and
(b) on the basis that the candidate with the largest number of
votes is the earliest elected.
(3) Despite subclause (2), if 2 or more of those candidates each has
the same number of votes, the order in which they are taken to
have been elected must be:
(a) 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; and
(b) on the basis that the candidate with the largest number of
votes at that count or transfer is the earliest elected.
(4) If there has been no count or transfer, the authorised officer must,
in the presence of any scrutineers who may be present, draw lots to
determine the order in which the candidates are taken to have been
elected.
15 Order of transfer
(1) Subject to subclauses (2) to (4), if after any count or transfer under
this Schedule, 2 or more candidates each has a surplus, the order
of any transfers of those surpluses must be:
(a) in accordance with the relative sizes of the surpluses; and
(b) on the basis that the surplus of the candidate having the
largest surplus is to be transferred first.
(2) Subject to subclause (4), if after any count or transfer under this
Schedule, 2 or more candidates have equal surpluses, the order of
any transfers of those surpluses must be:
(a) 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; and
(b) on the basis that the surplus of the candidate with the largest
number of votes at that count or transfer is to be transferred
first.
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(3) However, if there has been no such count or transfer, the
authorised officer must, in the presence of any scrutineers who may
be present, draw lots to determine the order in which the surpluses
are to be dealt with.
(4) If a candidate obtains a surplus after any count or transfer under
this Schedule, the surplus must not be transferred before the
transfer of any surplus obtained by any other candidate on an
earlier count or transfer.
16 Order of exclusion
(1) If the candidate who has the fewest votes is required to be
excluded and there are 2 or more candidates each having 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.
(2) Despite subclause (2), if there has been no count or transfer, the
authorised officer must, in the presence of any scrutineers who may
be present, draw lots to determine which candidate will be
excluded.
17 Setting aside of ballot papers
(1) If the total number of votes of an elected candidate is equal to the
quota, the ballot papers expressing those votes must be set aside
as finally dealt with.
(2) In subclause (1):
ballot papers include:
(a) ballot papers expressing first preference votes received by the
candidate; and
(b) ballot papers obtained by the candidate on transfers under this
Schedule.
18 Death of candidate
If a candidate dies before the end of election day in relation to an
election that does not fail:
(a) a vote indicated on a ballot paper opposite the name or names
of the candidate must be counted to the candidate next in the
order of the voter's preference; and
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(b) the numbers indicating subsequent preferences are taken to
have been altered accordingly.
Note for clause 18
See regulation 69.