Casual vacancy to be filled by recount
7 Casual vacancy to be filled by recount
The countback election is to be conducted by a recount of the votes on the ballot-papers used in the counting of votes at the original election and the result is to be ascertained in accordance with Schedule 5.
On the recount under subsection (1) a preference indicated on a ballot-paper for a previously elected councillor whose seat has become vacant is to be disregarded and the ballot-paper is to be treated as if the numeral indicating any subsequent preference had been altered accordingly.
If on the recount under subsection (1) a non-participating candidate is elected that election has no effect and the returning officer is to terminate that recount and repeat the procedure of recounting the votes on the ballot-papers until an eligible candidate is elected.
On a recount under subsection (3) a preference indicated on a ballot-paper for—
a previously elected councillor whose seat has become vacant, or
a non-participating candidate who has been elected on the recount under subsection (1) or on a previous recount under subsection (3),
is to be disregarded and the ballot-paper is to be treated as if the numeral indicating any subsequent preference had been altered accordingly.
If, on any recount under this Schedule, more than one candidate would be elected, the following applies instead—
only one candidate is taken to be elected, being the candidate who has the highest number of votes,
if 2 or more candidates have an equal number of votes—
if the number of votes at the last count or transfer was unequal—the candidate who had the highest number of votes at the last count or transfer at which the candidates had an unequal number of votes is taken to be elected, or
otherwise—the elected candidate is to be determined by a method of random selection, including by electronic means, approved by the election manager.
A recount under this Schedule does not affect the election of a previously elected councillor and where a previously elected councillor is elected or excluded during a recount that election or exclusion has effect for the purposes of the continuation of the recount and for those purposes only.
If no recount under subsection (1) or (3) results in the election of an eligible candidate—
the returning officer is to declare that the countback election has failed, and
inform the general manager of the relevant council accordingly.
Note.
Section 291A(5)(b) of the Act provides that if a countback election fails a by-election must be held to fill the casual vacancy.
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