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SECOND SCHEDULE.
Rules for Counting of Votes.
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Rejection of invalid ballot papers.
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1. The Seanad returning officer shall reject any ballot papers that are invalid.
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The order of preferences.
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2. The Seanad returning officer shall then ascertain the number of first preferences recorded on the ballot papers for each candidate, and shall then arrange the candidates on a list (hereinafter called “the order of preferences”) in the order of the number of first preferences recorded for each candidate, beginning with the candidate for whom the greatest number of first preferences is recorded. If the number of first preferences recorded for any two or more candidates (hereinafter called “equal candidates”) is equal, the Seanad returning officer shall ascertain the number of second preferences recorded on all the ballot papers for each of the equal candidates, and shall arrange the equal candidates as amongst themselves on the order of preferences in the order of the second preferences recorded for each such candidate, beginning with the candidate for whom the greatest number of second preferences is recorded. If the number of first and second preferences recorded for any two or more equal candidates is equal, the Seanad returning officer shall, in like manner, ascertain the number of third preferences recorded on all the ballot papers for each of such last-mentioned equal candidates, and arrange such candidates on the order of preferences accordingly, and so on until all the candidates are arranged in order on the order of preferences. If the number of first, second, third, and all other preferences recorded for any two or more equal candidates is equal the Seanad returning officer shall determine by lot the order in which such candidates are to be arranged on the order of preferences.
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Arrangement of ballot papers in parcels.
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3. The Seanad returning officer shall then arrange the valid ballot papers in parcels, according to the first preferences recorded for each candidate.
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Value of each ballot paper.
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4. For the purpose of facilitating the processes prescribed by these Rules, each valid ballot paper shall be deemed to be of the value of one thousand.
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Crediting values of first preferences.
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5. The Seanad returning officer shall then count the number of ballot papers in each parcel, and in accordance with the preceding Rule credit each candidate with the value of the valid ballot papers on which a first preference has been recorded for such candidate.
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Ascertainment of quota.
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6. The Seanad returning officer shall then add together the values in all the parcels and divide the full total value 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 value sufficient to secure the return of a candidate. This value is in this Schedule called the “quota”.
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Candidates with quota deemed elected.
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7. If, at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidate or of a candidate deemed not to be a continuing candidate, the value credited to a candidate is equal to or greater than the quota, that candidate shall, subject to the provisions of the subsequent Rules, be deemed to be elected.
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Transfer of surplus.
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8. (1) If at the end of any count the value credited to a candidate (in this Rule referred to as the elected candidate) is greater than the quota, the surplus shall be transferred to the continuing candidate or candidates indicated on the voting papers in the parcel or sub-parcel of the elected candidate according to the next available preferences recorded thereon, and the following provisions shall apply to the making of such transfer:
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(a) if the value credited to the elected candidate arises out of original votes only, the Seanad returning officer shall examine all the ballot papers in the parcel of the elected candidate and shall arrange the transferable papers therein in sub-parcels according to the next available preferences recorded thereon and shall make a separate sub-parcel of the non-transferable papers;
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(b) if the value credited to the elected candidate arises partly out of original and partly out of transferred votes or out of transferred votes only, the Seanad returning officer shall examine the ballot 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 and shall make a separate sub-parcel of the non-transferable papers;
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(c) in either of the cases referred to in the foregoing subparagraphs (a) and (b) the Seanad returning officer shall ascertain the number of ballot papers and their total value in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers;
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(d) if the total value of the papers in all the sub-parcels of transferable papers is equal to or less than the said surplus, the Seanad returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, each paper being transferred at the value at which it was received by the elected candidate, and (where the said total value is less than the said surplus) the non-transfer able papers shall be set aside as not effective, at a value which is equal to the difference between the said surplus and the said total value;
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(e) if the total value of the papers in all the sub-parcels of transferable papers is greater than the said surplus, the Seanad returning officer shall transfer each paper in such sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of transferable papers, fractional remainders being disregarded except that the consequential loss of value shall be noted on the result sheet;
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(f) a surplus which arises on the completion of any count shall be dealt with before a surplus which arises at a subsequent count;
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(g) when two or more surpluses arise out of the same count, the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude,
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(h) if two or more candidates have an equal surplus arising out of the same count, the surplus of the candidate credited with the greatest value at the earliest count at which the values credited to those candidates were unequal shall be first dealt with, and where the values credited to such candidates were equal at all counts, the Seanad returning officer shall deal first with the surplus of the candidate who is highest in the order of preferences.
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(2) If two or more candidates are each credited with a value of votes equal to or greater than the quota, the candidate credited with the greatest value of votes shall be deemed to have been elected before a candidate credited with a lesser value of votes.
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(3) Whenever the number of candidates on a sub-panel who have been deemed to be elected is equal to the maximum number of candidates that could at that time be elected in respect of such sub-panel, no further candidate shall be deemed to be elected in respect of that sub-panel and the values of the votes of the remaining candidates on such sub-panel shall be transferred before any other transfer is made.
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(4) If the values of votes credited to two or more candidates on a sub-panel are equal and all such candidates may not by reason of paragraph (3) of this Rule be deemed to be elected, the first of such candidates to be deemed to be elected shall be the candidate credited with the greatest value of votes at the earliest count, beginning with the first, at which the values of votes credited to such candidates were unequal. If the values of votes are equal at all counts, the candidate highest in order of preferences shall be deemed to be credited with the greatest value of votes.
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The values of votes of the remaining candidates shall then be transferred in the same manner as in the case of a transfer on the exclusion of a candidate, the values of votes of the candidate credited with the greatest number of votes being transferred first.
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Exclusion of candidates.
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9. (1) If at the end of any count no candidate has a surplus and one or more vacancies remain unfilled, the Seanad returning officer shall exclude the candidate (in this Rule referred to as the excluded candidate) then credited with the lowest value and shall transfer his papers to the continuing candidates respectively indicated on the ballot papers in the parcel or sub-parcels of the excluded candidate as the voter's next available preference, and shall credit such continuing candidates with the value of the papers so transferred, and the following provisions shall apply to the making of such transfer:
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(a) the parcel containing original votes shall first be transferred, the transfer value of each paper being one thousand;
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(b) the sub-parcels containing transferred votes shall then be transferred in the order in which and at the value of which the excluded candidate obtained them;
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(c) for the purpose of determining whether a candidate is a continuing candidate the transfer of each parcel or sub-parcel shall be regarded as a separate count;
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(d) in the transfer of each parcel or sub-parcel, a separate sub-parcel shall be made of the non-transferable papers which shall be set aside at the value at which the excluded candidate obtained them;
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(e) if, when a candidate has to be excluded under this Rule, two or more candidates are each then credited with the same value and are lowest regard shall be had to the total value of original votes credited to each of those candidates and the candidate with the smallest such total value shall be excluded, and where such total values are equal regard shall be had to the total value of votes credited to each of those candidates at the earliest count at which they had unequal values, and the candidates with the smallest such total value at that count shall be excluded, and if those candidates were each credited with the same total value of votes at all counts that one of those candidates who is lowest in the order of preferences shall be excluded.
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(2) A candidate on a sub-panel shall not be excluded under this Rule if the number of candidates deemed to be elected to the sub-panel plus the number of continuing candidates thereon, if such candidate were excluded, would be less than the minimum number required to be elected from the sub-panel.
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(3) If the value of votes credited to two or more candidates is equal, the candidate first to be excluded shall be the candidate credited with the smallest value of votes at the earliest count, beginning with the first, at which the values of votes were unequal, and if the values of votes were equal at all counts, the candidate lowest in the order of preferences shall be first excluded.
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Disposal of papers on transfer.
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10. On every transfer made under these Rules, each sub-parcel of papers transferred shall be placed on top of the parcel or sub-parcel (if any) of papers of the candidate to whom the transfer is made and that candidate shall be credited with the value ascertained in accordance with these Rules of the papers so transferred to him.
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Filling the last vacancies.
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11. (1) If at the end of any count the number of candidates deemed to be elected is equal to the number of vacancies to be filled, no further transfer shall be made.
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(2) When at the end of any count the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.
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(3) When only one vacancy remains unfilled and the value credited to some one continuing candidate exceeds the total of the values credited to the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.
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(4) When the last vacancies can be filled under this Rule, no further transfer shall be made.
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Result sheet.
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12. At the end of every count the Seanad returning officer shall record on a result sheet in the prescribed form the total of the values credited to each candidate at the end of that count and also the value of the non-transferable papers not effective on that count and the loss of value on that count owing to disregard of fractions.
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Precautions for preservation of secrecy.
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13. While the votes are being counted the ballot papers shall so far as it is practicable be kept face upwards and all proper precautions shall be taken by the Seanad returning officer for preventing the numbers on the backs of the ballot papers being seen.
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Recount.
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14. (1) Any candidate or his agent may, at the conclusion of any count, request the Seanad returning officer to re-examine and recount all or any of the ballot papers dealt with during that count, and the Seanad returning officer shall forthwith re-examine and recount accordingly the ballot papers indicated.
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(2) The Seanad returning officer may at his discretion recount ballot papers either once or more often in any case in which he is not satisfied as to the accuracy of any count.
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(3) Nothing in this Rule shall make it obligatory on the Seanad returning officer to recount the same parcel of ballot papers more than once.
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Definitions.
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15. In these Rules—
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(1) the expression “continuing candidate” means any candidate not deemed to be elected and not excluded;
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(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;
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(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;
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(4) the expression “transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in numerical order for a continuing candidate:
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(5) the expression “non-transferable paper” means a ballot paper—
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(a) on which no second or subsequent preference is recorded for a continuing candidate; or
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(b) on which 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
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(c) on which the name of the candidate next in order of preference (whether continuing or not) is marked by a number not following consecutively after some other number on the voting paper or by two or more numbers; or
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(d) which is void for uncertainty;
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(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:
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(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;
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(8) the expression “surplus” means the number by which the total value of the votes, original and transferred, credited to any candidate exceeds the quota;
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(9) the expression “count” means (as the context may require) either—
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(a) all the operations involved in the counting of the first preferences recorded for candidates; or
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(b) all the operations involved in the transfer of the surplus of an elected candidate; or
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(c) all the operations involved in the transfer of the votes of an excluded candidate; or
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(d) the transfer in pursuance of these Rules of the papers of a candidate deemed not to be a continuing candidate;
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(10) the expression “deemed to be elected” means deemed to be elected for the purpose of counting, but without prejudice to the declaration of the result of the election;
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(11) the expression “determine by lot” means determine in accordance with the following directions, that is to say:—
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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 candidates concerned shall as amongst themselves be arranged on the order of preferences in the order in which the slips containing their names are drawn, beginning with the candidate whose name is on the slip drawn first.
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