Schedule 8

Recount to Fill a Casual Vacancy

Current

Section 307

Part 1 General

1. Interpretation In this Schedule –

completed ballot papers counted means – if, after the first preferences were counted at the relevant election, the number of first preferences recorded for the vacating councillor was equal to or exceeded the quota, all the ballot papers on which those first preferences were recorded; and in any other case, all the ballot papers counted for that councillor at the time of that councillor's election, including ballot papers relating to votes that were transferred to the councillor;

consenting candidate means a candidate not elected at the relevant election who consents to be included in a recount for a vacancy;

consent period means the period within which a consent form is to be lodged under section 307(5);

relevant election means the election last held to fill the office of the vacating councillor;

quota means the number of votes sufficient to elect a candidate;

vacating councillor means a councillor who is vacating the office of councillor.

completed ballot papers counted means –

completed ballot papers counted

(a)

if, after the first preferences were counted at the relevant election, the number of first preferences recorded for the vacating councillor was equal to or exceeded the quota, all the ballot papers on which those first preferences were recorded; and

(b)

in any other case, all the ballot papers counted for that councillor at the time of that councillor's election, including ballot papers relating to votes that were transferred to the councillor;

consenting candidate means a candidate not elected at the relevant election who consents to be included in a recount for a vacancy;

consenting candidate

consent period means the period within which a consent form is to be lodged under section 307(5);

consent period

relevant election means the election last held to fill the office of the vacating councillor;

relevant election

quota means the number of votes sufficient to elect a candidate;

quota

vacating councillor means a councillor who is vacating the office of councillor.

vacating councillor

Part 2 Original Election Was For More Than One Councillor

2. One consenting candidate If there is only one consenting candidate, the Electoral Commissioner is to–

(a)

declare the candidate elected; and

(b)

notify the Minister in writing of the election of the candidate.

3. More than one consenting candidate If there are 2 or more consenting candidates, the Electoral Commissioner, within 7 days after the end of the consent period, is to ascertain in accordance with this Schedule which consenting candidate is to be elected.

4. Transfer of votes

(1)

If –

so many of those votes as would have been transferred to that vacating councillor, if the votes of the excluded candidate had been transferred to the candidates next in the order of the electors' representative preferences, are taken to have been so transferred to, and to be obtained by, that vacating councillor and the completed ballot papers representing those votes are to be counted for that councillor.

(a)

a vacating councillor was, by virtue of clause 13(6) of Schedule 7, elected at the relevant election after the candidate who was lowest on the poll at that election had been excluded from the counting; and

(b)

the votes obtained by the excluded candidate were not required to be transferred to the candidates next in the order of the electors' preferences –

(2)

The ballot papers counted for the vacating councillor are to be examined, and all the votes obtained by the councillor are to be transferred to and counted for the consenting candidates first or next in the order of the electors' respective preferences.

(3)

The votes received by the vacating councillor as first preferences are to be transferred at the transfer value as determined under subclause (5).

(4)

The other votes received by the vacating councillor that are not first preferences are to be transferred at the transfer value as determined under subclause (6).

(4A)

All the votes received by the vacating councillor are to be –

(a)

sorted into groups according to their transfer values; and

(b)

transferred in the following order:

firstly, the group with the highest transfer value;

secondly, the remaining groups in descending order of transfer value.

firstly, the group with the highest transfer value;

secondly, the remaining groups in descending order of transfer value.

(5)

If the votes obtained as first preferences by the vacating councillor –

(a)

were sufficient to elect the councillor, the transfer value of those votes is the fraction determined by dividing the number of votes sufficient to elect the councillor by the total number of votes obtained by the councillor; or

(b)

were insufficient to elect the councillor, the transfer value of those votes is one.

(6)

If the number of votes obtained by the vacating councillor at an individual count, other than the votes obtained as first preferences –

(a)

were not sufficient to elect the councillor, the transfer value of the votes obtained on that count is that at which they were obtained by the councillor; or

(b)

were sufficient to elect the councillor, the transfer value of the votes received at that count is that which would have been sufficient to elect the councillor immediately before that count.

(7)

Each transfer under subclause (4A) is a separate transfer.

5. Counting of votes

(1)

After the number of votes for each consenting candidate has been ascertained, the method of counting votes set out in Part 2 or 3 of Schedule 7 applies with the necessary modifications.

(2)

The Electoral Commissioner is to declare the consenting candidate who obtains an absolute majority of the votes within the meaning of that Schedule to be elected.

(3)

As soon as practicable after declaring a consenting candidate to be elected, the Electoral Commissioner is to notify the Minister in writing of the election of the candidate.

6. Exclusion of candidate

(1)

If it is necessary to exclude a consenting candidate, and 2 or more consenting candidates have an equal number of votes and are lowest on the poll, whichever of those candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes is excluded first.

(2)

If the candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which consenting candidate is to be excluded first.

7. Previous election under Schedule If a vacating councillor was elected under the provisions of this Schedule, the Electoral Commissioner is to–

(a)

examine the ballot papers that at the relevant election were counted for the councillor in whose place the vacating councillor was elected (including votes transferred to the last-mentioned councillor); and

(b)

ascertain which consenting candidate is to be elected in accordance with this Schedule.

8. Order of preferences To determine which consenting candidate is first or next in the order of the electors' preferences –

(a)

the name of, and the first preferences recorded at the relevant election for, an excluded candidate who is a consenting candidate is not to be omitted from any completed ballot papers transferred to the vacating councillor, but is to be counted for that consenting candidate; and

(b)

any candidates who were elected at the relevant election or who are not consenting candidates are to be disregarded and the order of the electors' preferences are to be determined as if the names of those candidates had not been included on the ballot papers.

9. Ballot papers exhausted A complete ballot paper is exhausted if there is no candidate next to whose name a number has been placed other than a candidate –

(a)

who has already been elected; or

(b)

who is not a consenting candidate.

Part 3

This Act’s bill:Explanatory notes Second reading speech

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