Electoral (Seanad Elections) Act, 1925
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Rules for determining order of election. |
5.—At a Seanad election the candidates who are found on the counting of the votes to be elected shall be and be returned as having been elected in the order ascertained according to the following rules, that is to say:— | |
(a) candidates credited with a number of votes equal to or greater than the quota shall be elected in the order in which their respective surpluses were transferred or would have been transferred but for clause (5) of rule 6 of the Third Schedule to the Electoral Act, 1923 (No. 12 of 1923); | ||
(b) a candidate credited with votes equal to and not greater than the quota shall be regarded as having had the smallest surplus at the count at which he obtained his quota; | ||
(c) where the surpluses of two or more candidates are equal and under the said Third Schedule need not be transferred, the surplus of the candidate credited with the greatest number of original votes shall be deemed the largest; | ||
(d) where, in cases within the next preceding rule, the numbers of original votes of two or more candidates are equal, regard shall be had to the total number of votes credited to such candidates respectively at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be deemed the largest, and where the number of votes credited to such candidates was equal at all counts the Seanad Returning Officer shall determine by lot the order in which such candidates are elected; | ||
(e) in the case of candidates who are deemed to be elected under the provisions of rule 9 of the said Third Schedule, the order of election shall be the order of magnitude of the numbers of votes credited to them respectively beginning with the largest, and where any such numbers are equal the order shall be determined between such candidates under the foregoing rules as if such numbers were surpluses; | ||
(f) clause (3) of rule 9 of the said Third Schedule shall not apply to the counting of the votes at a Seanad election; | ||
(g) rule 12 of the said Third Schedule shall apply to the foregoing rules in like manner as it applies to the rules contained in that schedule. |