Seanad Electoral (University Members) (Amendment) Act 2024

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PART 7

Amendments to third Schedule to Act of 1937 in Relation to Counting of Votes

Amendment of Third Schedule to Act of 1937

46. The Third Schedule to the Act of 1937 is amended—

(a) in Rule 4—

(i) by the repeal of paragraph (5),

(ii) by the insertion of the following paragraph:

“(5A) The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and either—

(a) the number of votes credited to the lowest candidate is greater than one quarter of the quota or, in the case of a Seanad bye election where there is more than one vacancy to be filled, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected, or

(b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota or, in the case of a Seanad bye-election where there is more than one vacancy to be filled, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected.”,

(iii) by the repeal of paragraph (6),

(iv) by the insertion of the following paragraph:

“(6A) Where at any time there are two or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then, subject to paragraph (5A), be transferred in the order of their descending magnitude.”,

and

(v) by the insertion of the following paragraph after paragraph (7):

“(8) Subject to paragraphs (5A) and (6A), where two or more candidates have each an equal surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.”,

(b) in Rule 5—

(i) by the repeal of paragraph (2), and

(ii) by the insertion of the following paragraph:

“(2A) Where 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 shall in one operation exclude such two or more lowest candidates provided that—

(a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota or, in the case of a Seanad bye-election, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected, or

(b) the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota or, in the case of a Seanad bye-election, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected and it is clear that the exclusion of the candidates separately in accordance with paragraph (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota or, in the case of a Seanad bye-election, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected, being credited to any such candidate.”,

and

(c) in Rule 7, by the substitution of the following paragraph for paragraph (3):

“(3) When the last vacancies can be filled under this Rule, no further transfer of votes shall be made unless—

(a) any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota or, in the case of a Seanad bye-election where there is more than one vacancy to be filled, one quarter of what would have been the quota were the full number of members of Seanad Éireann for the Higher Education constituency to be elected, and

(b) it is necessary for the purposes of section 21B(1)(b) of the Electoral Act 1997 or section 16D(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to the candidate.”.