Constitutional Convention (Election) Act 2011

section 108

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 worked out under clause 5(1)(c).

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 Interpretation – 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 Interpretation – 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 candidate;

(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.

4 Roles of authorised officer, other officers and scrutineers

The counting of votes for a division must be conducted by an authorised officer with the assistance of any other officers, and in the presence of any scrutineers, under this Schedule.

5 Determination of quota and election of candidate on first preference votes

(a) ascertain the number of first preference votes given to each candidate in the division; and

(b) ascertain the total number of first preference votes given in the division; and

(c) determine the quota for the division, which is worked out as follows:

(i) work out the amount that is equal to 25% of the total number of first preference votes given in the division (disregarding any fraction);

(2) Any candidate who has received a number of first preference votes equal to or greater than the quota is elected.

6 Transfer of surplus from elected candidates

(1) Unless all the vacancies for the division 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);

(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)

Because of clause 7, the transfer value for an elected candidate's surplus is effectively worked out 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.

(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 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

(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 less than 3 candidates have, received a number of votes equal to or greater than the quota after:

(b) the election of a candidate and the transfer of the surplus (if any) of the elected candidate that are capable of being transferred.

(b) the excluded candidate's votes and ballot papers must be transferred to the continuing candidates as provided in subclauses (3) to (5).

(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 candidate;

(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.

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 division 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) However, 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

(1) 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 as provided in clause 8(3) to (5).

11 No further transfer of votes

(a) a transfer of the first preference votes of an excluded candidate; or

(b) a transfer of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular candidate.

(2) No other votes of the excluded candidate may be transferred to the candidate so elected.

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 that count or transfer was equal, 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 any other provision 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

(a) in accordance with the order of the count or transfer as a result of which they were elected; and

(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:

(b) on the basis that the candidate with the largest number of votes is to be the earliest elected.

(3) However, 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 to be the earliest elected.

(4) Furthermore, 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 candidates are taken to have been elected.

(a) the delegate who is last elected is elected as the reserve delegate for the division; and

(b) the other 2 delegates are elected as ordinary delegates for the division.

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:

(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.

(3) However, if there has been no such count or transfer, an 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) 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 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.

(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 the polling day:

(a) a vote indicated on a ballot paper opposite the name of the candidate must be counted to the candidate next in the order of the voter's preference; and

(b) the numbers indicating subsequent preferences are taken to have been altered accordingly.

Note for clause 18

See section 109.