41Counting votes

41 Counting votes

41 Counting votes

In an election to fill one position only, the returning officer must follow the following procedure for counting votes, in the order specified:

(a) exclude all informal ballot papers or electronic votes,

(b) count the primary votes for each candidate on the formal ballot papers or electronic votes,

(c) enter the total number of primary votes for each candidate next to that candidate’s name on the tally sheet,

(d) if a candidate receives an absolute majority of primary votes, declare that candidate elected,

(e) if no candidate receives an absolute majority of primary votes, distribute secondary votes according to paragraphs (f) to (l) inclusive until one candidate receives an absolute majority of votes,

(f) exclude the candidate with the fewest primary votes,

(g) for each ballot paper or electronic vote where the excluded candidate received a primary vote, allocate the next active secondary vote to the remaining candidates,

(h) indicate on the tally sheet the excluded candidate and that the next active secondary vote has been allocated,

(i) add together the primary votes and the allocated secondary votes for each remaining candidate, and exclude the candidate with the lowest number of total votes,

(j) if, after the exclusion of a candidate, the next active secondary vote is to an excluded candidate, disregard that secondary vote and distribute the next active secondary vote,

(k) repeat the process described in paragraphs (f) to (j) inclusive until one candidate receives an absolute majority of votes,

(l) if on any count, 2 or more candidates have an equal number of votes, and that number is the lowest on that count, the returning officer must:

(i) eliminate the candidate with the lowest number of primary votes, or

(ii) if the number of primary votes is equal, in the presence of any scrutineers present, draw lots with the candidate drawn first remaining in the ballot.

cl 41: Am 2009 (389), Sch 1 [26]–[28].