Electoral (Dublin Commercial) Act, 1930
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THIRD SCHEDULE. Counting of Votes. | ||
1. (1) After the ballot papers have been mixed in accordance with the Rules contained in the Second Schedule to this Act, the returning officer shall, rejecting any that are invalid, cause the ballot papers to be arranged in parcels according to the first preferences recorded for each candidate. | ||
(2) The returning officer shall then count the number of papers in each parcel, and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate, and he shall ascertain the full total number of all valid papers. | ||
2. The returning officer shall then divide the full total number of all valid papers by a number exceeding by one the number of vacancies to be filled. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the “quota.” | ||
3. If at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected. | ||
4. (1) If at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provisions of this rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or subparcel of the elected candidate, according to the next available preferences recorded thereon. | ||
(2) (a) If the votes credited to an elected candidate consist of original votes only, the returning officer shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred, and shall arrange the transferable papers in subparcels according to the next available preferences recorded thereon. | ||
(b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by the elected candidate, and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon. | ||
(c) In either of the cases referred to in paragraphs (a) and (b) of this sub-rule the returning officer shall make a separate sub-parcel of the non-transferable papers, and shall ascertain the number of papers in each sub-parcel of transferable papers, and in the sub-parcel of non-transferable papers. | ||
(3) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference: | ||
Provided that where the surplus is greater than such total number a sub-parcel shall be made of a number of non-transferable papers equal to the difference between the said total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and for the purposes of Rule 9 shall be described as non-transferable papers not effective and the remaining non-transferable papers also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected. | ||
(4) (a) If the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers. | ||
(b) The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate. | ||
(c) If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining fractions shall be ignored. | ||
If two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, preference shall be given to the candidate who obtained the largest number of original votes. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such-candidates, at the first count at which they had an unequal number of votes, and the fraction credited to the candidate with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest. | ||
(d) The particular papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked stamped or perforated so as to indicate the number of the count at which the transfer took place. | ||
(5) A surplus which arises at the end of any count shall be transferred before a surplus which may arise at a subsequent count: Provided that— | ||
(a) the returning officer need not necessarily transfer the surplus of an elected candidate when that surplus together with any other surplus not transferred, is less than the difference between the numbers of the votes credited to the two lowest continuing candidates; | ||
(b) a surplus which is equal to or greater than the difference between the numbers of votes credited to the two lowest candidates shall be transferred before any surplus which is less than such difference; | ||
(c) if there are two or more surpluses, each of which is less than the difference between the numbers of votes credited to the two lowest candidates, the greatest of such surpluses shall be first transferred without regard to the count at which it arose. | ||
(6) When two or more surpluses arise from the same count the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude. | ||
(7) If two or more candidates have each an equal surplus arising from the same count, regard shall be had to the number of original votes obtained by each candidate, and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. | ||
Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates 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 first dealt with. | ||
Where the number of votes credited to such candidates were equal at all counts, the returning officer shall determine by lot which surplus he will first deal with. | ||
5. (1) If at any time no candidate has a surplus (or when under the preceding Rule an existing surplus need not be and is not transferred), and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes, and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers. The non-transferable papers shall be set aside as finally dealt with and shall for the purposes of the Second Schedule to this Act be described as non-transferable papers not effective. | ||
(2) If the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude those candidates and transfer their votes in accordance with this rule. | ||
(3) If, when a candidate has to be excluded under this rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded, and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded. | ||
6. (1) Whenever any transfer is made under any of the preceding rules each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him. | ||
(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions contained in rule 4 before any other candidate is excluded. | ||
7. (1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected. | ||
(2) Where only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates, together with any surplus not transferred, that candidate shall thereupon be deemed to be elected. | ||
(3) When the last vacancies can be filled under this rule, no further transfer of votes need be made. | ||
8. (1) Any candidate or his agent may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall forthwith re-examine and recount accordingly the papers indicated without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. The returning officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count: | ||
Provided that nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once. | ||
(2) The powers of the Court or other tribunal upon an election petition shall include power to direct the whole or any part of the ballot papers to be recounted, and the result of the election to be ascertained in accordance with these rules. | ||
(3) On any such recount, subject to such modifications as may be necessary by reason of any order of the Court or other tribunal, each paper shall take the same course as at the original counting of the votes. | ||
9. (1) If any question shall arise in relation to the exclusion of any candidate under rule 5 or to any transfer of votes, the decision of the returning officer, whether expressed or implied by his acts, shall be final, unless an objection in writing stating the grounds thereof is made to the returning officer by any candidate or his agent before the declaration of the poll, and in that event the decision of the returning officer may be reversed upon an election petition. | ||
(2) If any decision of the returning officer is so reversed, the transfer in question and all operations subsequent thereto shall be void, and the court or other tribunal may direct what transfer is to be made in place of the transfer in question, and may cause the subsequent operations to be carried out, and the result of the election to be ascertained in accordance with these rules. | ||
10. In these rules— | ||
(1) The expression “continuing candidate” means any candidate not deemed to be elected and not excluded. | ||
(2) The expression “first preference” means the figure “1” standing alone; the expression “second preference”means the figure “2” standing alone in succession to the figure “1”, and the expression “third preference” means the figure “3” standing alone in succession to the figures “1” and “2” set opposite the name of any candidate, and so on. | ||
(3) The expression “next available preference” means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preference next in order, on the ballot paper for candidates already deemed to be elected or excluded being ignored. | ||
(4) The expression “transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate. | ||
(5) The expression “non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate: | ||
Provided that a paper shall be deemed to have become a non-transferable paper whenever— | ||
(a) the names of two or more candidates (whether continuing or not) are marked with the same number and are next in order of preference; or | ||
(b) the name of the candidate next in order of preference (whether continuing or not) is marked— | ||
(i) by a number not following consecutively after some other number on the ballot paper; or | ||
(ii) by two or more numbers; or | ||
(c) it is void for uncertainty. | ||
(6) The expression “original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate. | ||
(7) The expression “transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate. | ||
(8) The expression “surplus” means the number of votes by which the total number of the votes, original and transferred credited to any candidate, exceeds the quota. | ||
(9) The expression “count” means— | ||
(a) all the operations involved in the counting of the first preferences recorded for candidates; or | ||
(b) all the operations involved in the transfer of the surplus of an-elected candidate; or | ||
(c) all the operations involved in the transfer of the votes of an excluded candidate. | ||
(10) The expression “deemed to be elected” means deemed to be elected for the purpose of counting of the votes, but without prejudice to the declaration of the poll. | ||
(11) The expression “determine by lot” means determine in accordance with the following direction:—The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall, in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn. |