Distribution of votes of lowest candidate.
7.—(1) Unless and until the last vacancy shall have been filled under the provisions herein-after contained, if, after the transfers under the preceding rules, there shall still remain one or more vacancies, or, if no candidate shall have been declared elected under Rule 3, the returning officer shall exclude from the poll the candidate having the lowest number of votes, and shall distribute the votes capable of transfer on the ballot papers in his parcel among the continuing candidates next in order of the voters' preference. Any ballot papers in the parcel, on which votes not capable of transfer are given, shall be set aside as finally dealt with, and the votes given thereon shall thenceforth not be taken into account.
(2) If in any case the total of the votes of the two or more candidates lowest on the poll together with any surplus votes not transferred is less than the votes of the next highest candidate, the returning officer may in one operation exclude those candidates from the poll and distribute their votes in accordance with the foregoing provisions.
(3) After the distribution under this rule of votes capable of transfer, any candidate who has received the quota shall be declared elected.
(4) The surplus votes of any candidate elected under this rule who has received more than the quota shall be distributed in the manner directed by and subject to the conditions of the last preceding rule.
Further distributions.
8. The process directed by the last rule shall be repeated on the successive exclusions one after another of the candidates with the lowest numbers of votes until the last vacancy is filled either by the election of a candidate with the quota or under the next following rule.
Filling the last vacancy.
9.—(1) When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected.
(2) When 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 votes not transferred, that candidate shall be declared elected.
(3) When more than one vacancy remains unfilled and the votes of the candidate, who, if all the vacancies were filled by the successive elections of the continuing candidates with the largest numbers of votes, would be the last to be elected, exceed the total of all the votes of the continuing candidates with fewer votes than himself together with any surplus votes not transferred, that candidate and all the other continuing candidates who have not less votes than himself shall be declared elected.
(4) When only one vacancy remains unfilled and there are only two continuing candidates, and those two candidates have each the same number of votes and no surplus votes remain capable of transfer, one candidate shall be declared excluded under the next following rule and the other declared elected.
Provisions for exclusion of candidates in special cases.
10. If at any time when a candidate has to be excluded under these rules two or more candidates have each the same number of votes, regard shall be had to the number of votes counted to each candidate under Rule 1, and the candidate lowest on that count shall be excluded, but, if the numbers of votes on that count were equal, the returning officer shall decide which candidate shall be excluded.
Public notice of transfers.
11. The returning officer shall record and give public notice of any transfer of votes made under these rules and of the total number of votes counted to each candidate after any such transfer in addition to the particulars prescribed by Rule 45 to the First Schedule to the Ballot Act, 1872. Such public notice may be in accordance with the form given in the appendix to these rules.
Recounts.
12.—(1) Any candidate or his agent may at any time during the counting of the votes, either before the commencement or after the completion of the transfer of the votes (whether surplus or otherwise) of any candidate, request the returning officer to recount the papers then comprised in the parcels of all or any candidates (not being papers set aside as finally dealt with) and the returning officer shall forthwith recount the same accordingly. The returning officer may also at his discretion recount votes either once or more often in any case in which he is not satisfied as to the accuracy of any previous count. Provided that nothing herein shall make it obligatory on the returning officer to recount the same votes more than once.
(2) If upon an election petition—
(i) any ballot papers counted by the returning officer are rejected as invalid,
or
(ii) any ballot papers rejected by the returning officer are declared valid,
the court may direct the whole or any part of the ballot papers to be recounted and the result of the election ascertained in accordance with these rules.
(3) Except as in this rule expressly provided, no recount shall be had whether on an election petition or otherwise.
_Determination of questions as to transfers.
13.—(1) If any question shall arise in relation to any transfer, the decision of the returning officer, whether expressed or implied by his acts, shall be final unless an objection is made 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 shall direct what transfer is to be made in place thereof, and shall cause the subsequent operations to be carried out and the result of the election to be ascertained in accordance with these rules.
Definitions.
14. In these rules—
(1) The expression "votes capable of transfer" means votes given on ballot papers on which a further preference is indicated for a continuing candidate. Provided that a vote shall be deemed not capable of transfer in any case in which—
(a) The names of two or more candidates (whether already excluded from the poll or declared elected or not) are marked with the same figure and are next in order of preference, or
(b) The name of the candidate to whom the transfer is to be made or of some candidate (whether continuing or not) higher in the order of the voters' preference is marked
(i) by a figure not following consecutively after some other figure on the ballot paper, or
(ii) by two or more figures.
(2) The expression "continuing candidates" means candidates not already declared elected or excluded from the poll.
APPENDIX TO SCHEDULE
EXAMPLE OF AN ELECTION CONDUCTED ON THE SYSTEM OF PROPORTIONAL REPRESENTATION SET OUT ABOVE
Let it be assumed that there are five members to be elected, and that there are ten candidates.
The valid papers are drawn from the general heap of ballot papers and arranged in separate parcels under the names of the candidates marked with the figure 1. (Rule 1.)
Each separate parcel is counted (Rule 1) and the total of all the valid votes is ascertained (Rule 2). It is found that the total of all the valid votes is 6000.
This total is divided by six (i.e. the number which exceeds by one the number of vacancies to be filled), and 1001 (i.e. the quotient 1000 increased by one) is the number of votes sufficient to elect a member, and is called the "quota" (Rule 2).
The result of the count may be supposed to be as follows:—
A 2,009 Elected
B 952
C 939
D 746
E 493
F 341
G 157
H 152
I 118
K 93
——-
6,000
A's votes exceed the quota and he is declared elected (Rule 3).
First Transfer.
It now becomes necessary to transfer A's surplus votes (Rule 4 (1)). A has in fact (2009 less 1001 or) 1008 surplus votes. All A's 2009 voting papers are examined and arranged in separate sub-parcels according to the second preferences indicated thereon (Rule 4 (1) (a)). A separate sub-parcel is also formed of those papers on which no second preference is shown, and which are therefore not capable of transfer. (Rule 4 (1) (b).) The result is found to be as follows. (Rule 4 (1) (c).)
A second preference is shown for G on 1,708 papers
" " " D " 257 "
" " " E " 11 "
" " " F " 28 "
——-
Total of votes capable of transfer 2,004 "
No second preference is shown on 5 "
——-
Total of A's votes 2,009
The total number of votes to be transferred is 1008, and it is necessary that they should be taken from the several sub-parcels in the proportions which the latter bear to all the votes capable of transfer; that is, there must be transferred, e.g., to G a number of votes bearing the same proportion to 1008, the total to be transferred, as 1708, the number of votes in G's sub-parcel, bears to 2004, the total of votes capable of transfer. In other words the number of the ballot papers on which each candidate is next preference must be multiplied by a fraction of which the surplus is the numerator and the total of votes capable of transfer the denominator, in order to ascertain the number of votes to be transferred to the candidate in question. In making the transfers fractions of votes are neglected (Rule 4 (1) ( e) and (f)).
The process is as follows:—
To G there are to be transferred 1,708 x 1,008 / 2,004 = 589 votes
" D " " " 257 x 1,008 / 2,004 = 129 "
" E " " " 11 x 1,008 / 2,004 = 5 "
" F " " " 28 x 1,008 / 2,004 = 14 "
———-
1,007
859, 129, 5 and 14 votes are now transferred to G, D, E, and F respectively, the particular voting papers taken being those last filed in their sub-parcels, and therefore at the top of the sub-parcels. These voting papers are added in separate sub-parcels to G, D, E, and E (Rule 4 (2)).
Their totals then become—
G . . . . . 157 + 859 = 1,016 D . . . . . 746 + 129 = 875 E . . . . . 493 + 5 = 498 F . . . . . 341 + 14 = 355
All the other voting papers in A's parcel (1002 in number) are set aside as finally dealt with (Rule 4 (3)), the figure 1002 being the quota 1001 with the addition of the one further vote of the surplus which, owing to the disregard of fractions, is not transferred. G having obtained more than the quota is now declared elected (Rule 5), and the poll stands as follows:—
A 1,002 Elected
G 1,016 Elected
B 952
C 939
D 875
E 498
F 355
H 152
I 118
K 93
Second Transfer
G has now more than the quota, and his surplus votes (1016 less 1001 or 15) would have to be transferred (Rule 6(1)) were it not for the provisions of Rule 6(7). But under that rule, the process of transferring a surplus is postponed in a case where the surplus is less than the difference between the two lowest candidates on the poll, and where, therefore, the transfer would produce no practical effect. In this case the difference between I and K, the two lowest candidates, is 118 - 93, or 25, and therefore it is not necessary to transfer G's surplus.
The returning officer proceeds to distribute the votes of the candidates with the smallest totals (Rules 7 and 8).
K's parcel is therefore examined and is found to contain 89 papers on which F is next preference, and 4 on which C is next preference.
Therefore 89 votes are transferred to F and 4 to C.
The poll now stands—
A 1,002 Elected
G 1,016 Elected
B 952
C 943
D 875
E 498
F 444
H 152
I 118
No further candidate has the quota.
Third Transfer
The difference between I and H exceeds G's surplus, which therefore is allowed to remain (Rule 6 (7)), and the votes of I as now lowest on the poll have now to be distributed in the same manner as K's (Rule 8). But as the combined votes of H and I, together with G's surplus (152 + 118 + 15 = 285), are less than 444, the total of F, the next highest candidate, the returning officer avails himself of Rule 7 (2), and distributes both H and I's votes at one operation.
I's parcel is found to contain 107 papers on which D and 11 on which B is next preference, and H's parcel is found to contain 108 papers on which B is next preference, and 44 on which there is no available preference marked. (In some cases, some or one of A, G, I, H, and K are marked as next in order of preference on the papers examined, but as all of them are already either elected or excluded they are left out of account.) Therefore, 107 votes are transferred to D, and 119 (108 + 11) to B, while 44 are set aside as finally dealt with (Rule 7 (1)). The result is to give B the quota, and he is declared elected.
The poll now stands—
A 1,002 Elected
G 1,016 Elected
B 1,071 Elected
D 982
C 943
E 498
F 444
Fourth Transfer
B has now a surplus of 70 votes, and it is necessary to distribute this (Rules 7 (4), 6, and 4) as it exceeds the difference between E and F, which is 54 (Rule 6 (7)).
For this purpose only the 119 votes last transferred are taken into account (Rule 6 (2)).
These are examined and arranged in sub-parcels, in the same manner as A's votes were examined and arranged, with the following result: A next preference is shown for E on 84 papers. No further preference is shown on 35 papers. The total number of votes capable of transfer (84) is thus greater than the surplus (70), but, as there is only one possible transfer, the process is simple: 84 x 70/84 = 70; and so the 70 votes last filed in E's sub-parcel are transferred to E.
The poll now stands—
A 1,002 Elected
G 1,016 Elected
B 1,001 Elected
D 982
C 943
E 568
F 444
Fifth Transfer
G's surplus is still not distributable (Rule 6(7)), but F is now lowest on the poll and his votes have to be distributed (Rule 8).
On examination it is found that of F's 444 papers, 353 show a next preference for C, and the remainder, 91, contain no further preference.
The 353 are transferred to C, who thus has more than the quota, and is declared elected, and the 91 are set aside as finally dealt with (Rule 7(1)).
The poll now stands—
A 1,002 Elected
G 1,016 Elected
B 1,001 Elected
C 1,296 Elected
D 982
E 568
This terminates the election; for, even if all C's surplus votes (295) and all G's surplus votes (15) were transferred to E, his poll would only amount to 878. But D's votes (982) exceed this total, D is therefore declared elected (Rule 9 (2)).
The final result is that A, G, B, C, and D are elected.
Public Notice of the Result of the Poll and of the Transfer of Votes
Number of valid votes … 6,000
Number of members to be elected … 5
Quota … 1,001
[column names— ]
N: Names of Candidates
V: Votes
TA: Transfer of A's surplus
RA: Result
TK: Transfer of K's Votes
RK: Result
THI: Transfer of H and I's Votes
RHI: Result
TB: Transfer of B's surplus
TB: Result
TF: Transfer of F's Votes
RF: Final Result
N: V: TA: RA: TK: RK: THI: RHI: TB: TB: TF: RF:
A 2,009 -1,007 1,002 — 1,002 — 1,002 — 1,002 — 1,002(E)
B 952 — 952 — 952 +119 1,071 -70 1,001 — 1,001(E)
C 939 — 939 + 4 943 — 943 — 943 +353 1,296(E)
D 746 +129 875 — 875 +107 982 — 982 — 982(E)
E 493 + 5 498 — 498 — 498 +70 568 — 568
F 341 + 14 355 +89 444 — 444 — 444 -444 —
G 157 +859 1,016 — 1,016 — 1,016 — 1,016 — 1,016(E)
H 152 — 152 — 152 -152 — — — — —
I 118 — 118 — 118 -118 — — — — —
K 93 — 93 -93 — — — — — — —
___ ___ ___ ___ ___ ___
Effective votes
6,000 — 6,000 — 6,000 — 5,956 — 5,956 — 5,865
Preferences exhausted
— — — +44 44 — 44 +91 135
Total valid votes
6,000 — 6,000 6,000 — 6,000 — 6,000 — 6,000
[Candidates A, B, C, D, and G are elected.]
[Footnote 1: The rules contained in this schedule were examined and approved by the Select Committee of the House of Lords in 1907. They are substantially identical with those embodied in the Transvaal Municipal Act of 1909, and used in the municipal elections of Pretoria and Johannesburg in 1909, as well as in the model elections conducted by the Proportional Representation Society in 1906, 1908, and 1910.]
APPENDIX VIII
THE SINGLE TRANSFERABLE VOTE
SCHEDULE (4) OF TASMANIAN ELECTORAL ACT, 1907
In this Schedule, unless the contrary intention appears—
"Returning Officer" means the Returning Officer for the District:
"Quota" means the number of votes sufficient to elect a candidate:
"Surplus" means the number of votes which a candidate has obtained, at any stage of the scrutiny, over and above the quota:
"First choice recorded for a candidate" means a voting-paper on which the number 1 is placed in the square opposite the name:
"Second choice recorded for a candidate" means a voting paper on which the number 2 is placed in the square opposite his name:
"Transfer value" means that portion of a vote which is unused by—
(a) an elected candidate who has obtained a surplus,
(b) a candidate excluded on account of his being lowest on the poll, and which is therefore transferred to the candidate next in the order of the voter's preference. The transfer value of all votes is either 1 or some fraction of 1.
METHOD OF COUNTING VOTES
First choice of each candidate to be counted.]
1. The number of first choices recorded for each candidate shall be counted, and all informal voting papers shall be rejected.
To find the quota.
2. The aggregate number of such first choices shall be divided by one more than the number of candidates required to be elected, and the quotient increased by one, disregarding any remainder, shall be the quota, and (except as hereinafter provided in Rule 10) no candidate shall be elected until he obtains a number of votes equal to or greater than the quota.
Candidates who have the quota to be declared elected.
3. Any candidate who has, upon the first choices being counted, a number of such votes equal to or greater than the quota shall be declared elected.
If first choices exactly equal to quota, voting papers to be set aside.
4. Where the number of such votes obtained by any candidate is equal to the quota, the whole of the voting papers on which a first choice is recorded for such elected candidate shall be set aside as finally dealt with.
If a surplus, surplus to be transferred.
5. Where the number of such votes obtained by any candidate is in excess of the quota, the proportion of votes in excess of the quota shall be transferred to the other candidates not yet declared elected, next in the order of the voters' respective preferences, in the following manner:—
Voting papers reexamined and second choices counted.
(i) All the voting papers on which a first choice is recorded for the elected candidate shall be re-examined, and the number of second choices, or (in the case provided for in Rule 12) third or next consecutive choices, recorded for each unelected candidate thereon shall be counted:
Find the transfer value. (ii) The surplus of the elected candidate shall be divided by the total number of votes obtained by him on the counting of the first choices, and the resulting fraction shall be the transfer value:
Multiply second choices by transfer value.
(iii) The number of second or other choices, ascertained in paragraph i, to be recorded second for each unelected candidate, shall be multiplied by the transfer value:
Add result on.
(iv) The resulting number, disregarding any fractional remainder, shall be credited to each unelected candidate, and added to the number of votes obtained by him on the counting of the first choices.
If more than one surplus, largest to be first dealt with.
6.—(a) Where, on the counting of the first choices or on any transfer, more than one candidate has a surplus, the largest surplus shall be first dealt with. If then more than one candidate has a surplus, the then largest surplus shall be dealt with, and so on: Provided that, if one candidate has obtained a surplus at a count or transfer previous to that at which another candidate obtains a surplus, the surplus of the former shall be first dealt with.
If surpluses equal, last difference to decide.
(b) Where two or more surpluses are equal, the surplus of the candidate who was the highest on the poll at the count or transfer at which they last had an unequal number of votes shall be first dealt with; and if they have had an equal number of votes at all preceding counts or transfers, the returning officer shall decide which candidate's surplus shall be first dealt with.
If transfer raises candidate up to or above quota, he is to be declared elected.
7.—(a) Where the number of votes obtained by a candidate is raised up to or above the quota by a transfer as aforesaid, he shall thereupon be declared elected. And in such case, notwithstanding the fact that he may have reached the quota, such transfer shall be completed, and all the votes to which he is entitled there from shall be transferred to him, but no votes of any other candidate shall be transferred to him.
If votes exactly equal quota, voting papers to be set aside.
(b) Where the number of votes obtained by a candidate is raised up to, but not above, the quota by a transfer as aforesaid, the whole of the voting papers on which such votes are recorded shall be set aside as finally dealt with.
If surplus created, surplus to be transferred.
(c) Where the number of votes obtained by a candidate is raised above the quota by a transfer as aforesaid, his surplus shall be transferred to the candidates next in the order of the voters' respective preferences, in the following manner:—
Voting paper of last transfer re-examined and third choices counted.
(i) The voting papers on which are recorded the votes obtained by the elected candidate in the last transfer shall be reexamined, and the number of third, or (in the case provided for in Rule 12) next consecutive choices recorded for each unelected candidate thereon counted:
Find the transfer value.
(ii) The surplus of the elected candidate shall be divided by the total number of voting papers mentioned in paragraph i, and the resulting fraction shall be the transfer value:
Multiply third choices by transfer value.
(iii) The number of second (or other) choices, ascertained in paragraph i, to be recorded for each unelected candidate, shall be multiplied by the last-mentioned transfer value:
Add result on.
(iv) The resulting number, disregarding any fractional remainder, shall be credited to each unelected candidate, and added to the number of votes previously obtained by him.
When all surpluses dealt with candidate lowest on poll to be excluded, and his votes transferred. 8.—(a) Where, after the first choices have been counted and all surpluses (if any) have been transferred as hereinbefore directed, no candidate, or less than the number of candidates required to be elected, has or have obtained the quota, the candidate who is lowest on the poll shall be excluded, and all the votes obtained by him shall be transferred to the candidates next in the order of the voters' respective preferences, in the same manner as is directed in Rule 5.
First choices to be transferred first.
(b) The votes obtained by such excluded candidate as first choices shall first be transferred, the transfer value of each vote in this case being 1.
Then other votes in order.
(c) The other votes of such excluded candidate shall then be dealt with in the order of the transfers in which, and at the transfer value at which, he obtained them.
Each transfer deemed a separate transfer.
(d) Each of the transfers which takes place under the two previous clauses of this rule shall be deemed for all purposes to be a separate transfer.
If transfer raises candidate up to quota, he is to be declared elected.
9.—(a) Where the number of votes obtained by a candidate is raised up to or above the by any such transfer as aforesaid, he shall thereupon be declared elected. And in such case, notwithstanding the fact that he may have reached the quota, such transfer shall be completed, and all the votes to which he is entitled therefrom shall be transferred to him, but no other votes shall be transferred to him.
If votes exactly equal to quota, voting papers to be set aside.
(b) Where the number of votes obtained by a candidate is raised up to, but not above, the quota by any such transfer as aforesaid, the whole of the voting papers on which such votes are recorded shall be set aside as finally dealt with.
If surplus created, surplus to be transferred.
(c) Where the number of votes obtained by a candidate is raised above the quota by any such transfer as aforesaid, his surplus shall be transferred to the candidates next in the order of the voters' respective preferences in the same manner as is directed in Rule 7, Clause (c): Provided that such surplus shall not be dealt with until all the votes of the excluded candidate have been transferred.
Surpluses to be dealt with before further exclusion.
(d) Where any surplus exists it shall be dealt with before any other candidate is excluded.
Process of exclusion to be repeated until there remain number of candidates required.
10. The same process of excluding the candidate lowest on the poll and transferring to other candidates his votes shall be repeated until all the candidates, except the number required to be elected, have been excluded, and the unexcluded candidates, who have not already been so declared, shall then be declared elected.
If lowest candidates equal last, difference to decide.
11. Where at any time it becomes necessary to exclude a candidate, and two or more candidates have the same number of votes and are lowest on the poll, then whichever of such candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if such candidates have had an equal number of votes at all preceding counts or transfers, the returning officer shall decide which candidate shall be first excluded.
If a candidate elected or excluded, his name not considered on voting paper.
12. In determining what candidate is next in the order of the voter's preference, any candidates who have been declared elected or who have been excluded shall not be considered, and the order of the voter's preference shall be determined as if the names of such candidates had not been on the voting paper.
Exhausted votes.
13. Where on any transfer it is found that on any voting paper there is no candidate opposite whose name a number is placed, other than those who have been already either declared elected or excluded, such voting paper shall be set aside as exhausted.
APPENDIX IX
THE SINGLE TRANSFERABLE VOTE
REGULATIONS FOR THE ELECTION OF SENATORS UNDER THE SOUTH AFRICA ACT, 1909
I. In these Regulations:—
(1) "Continuing Candidates" mean candidates not elected or not excluded from the poll at any given time.
(2) "First Preference" means the figure 1 set opposite the name of any candidate; "second preference" similarly means the figure 2; "third preference" the figure 3, and so on.
(3) "Unexhausted papers" mean ballot papers on which a further preference is recorded for a continuing candidate.
(4) "Exhausted papers" mean ballot papers on which no further preference is recorded for a continuing candidate, provided that a paper shall also be deemed to be exhausted in any case in which—
(a) The names of two or more candidates, whether continuing or not, are marked with the same figure 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 figure not following consecutively after some other figure on the ballot paper, or
(ii) By two or more figures.[1] (5) "Original Votes" in regard to any candidate mean the votes derived from ballot papers on which a first preference is recorded for such candidate.
(6) "Transferred Votes" in regard to any candidate mean votes, the value or part of the value of which is credited to such candidate and which are derived from ballot papers on which a second or subsequent preference is recorded for such candidate.
(7) "Surplus" means the number by which the value of the votes of any candidate, original and transferred, exceeds the quota.
II. (1) The Governor in Council shall by Proclamation fix a date on or before which every candidate for election shall be nominated by two members of the Legislature in writing addressed to the Clerk of the Legislative Assembly. Such nomination shall contain the candidate's full name and address, shall be signed by two members of the Legislature, and shall be accepted in writing by the candidate.
A nomination paper may include any number of names not exceeding eight, but no member shall sign more than one nomination paper, and no candidate shall sign a nomination paper on which his name appears. The Clerk of the Legislative Assembly shall, after consultation with the Assessors hereinafter referred to, reject all nominations not made in accordance with these regulations.
(2) Immediately after the date fixed for receiving nominations the Clerk of the Legislative Assembly shall make a return to the Governor in Council showing the names and addresses of the candidates who have been duly nominated, together with the names of the members who have nominated them. He shall at the same time certify that such nominations have been duly made in accordance with these regulations, and forward to the Governor-in-Council the certificate by the Assessors mentioned in Regulation IV. (2).
In case of disagreement between the Clerk of the Legislative Assembly and the Assessors, the Speaker of the Legislative Assembly shall, at the request of the Governor-in-Council, inspect the nomination papers, and his decision on the point at issue shall be final.
(3) If the number of nominations received is less than the number of vacancies to be filled, the Governor-in-Council shall by Proclamation call for further nominations to be made on or before a date to be fixed therein. If the number of nominations received on the original date, or such further date as may be fixed, is equal to the number of vacancies to be filled, the Governor-in-Council shall by Proclamation declare the candidates so nominated to be duly elected.
(4) If the number of candidates nominated as aforesaid exceeds the number of vacancies to be filled, the Governor-in-Council shall by Proclamation summon a joint sitting of both Houses of the Legislature for the purpose of electing candidates to fill the vacancies in the manner prescribed in these regulations. Such sitting shall be continued for a period to be fixed in the Proclamation, not being less than two hours, and no member shall be allowed to vote except during the continuation of such sitting. Provided, however, that if all the members of the Legislature have voted before the expiration of the said period of two hours, the Speaker may close the sitting.
III. Each member of the Legislature present shall vote in person, and no voting by proxy shall be permitted.
IV. (1) The Clerk of the Legislative Assembly shall act as returning officer and shall, subject to these rules, do all things necessary for the conduct of the election.
(2) Two Assessors, not being Members of Parliament, shall be nominated, one by the President of the Legislative Council and one by the Speaker of the Legislative Assembly, who shall assist and advise the returning officer in his duties, both in respect, of the receiving of nominations and the conduct of the election. Immediately after the date fixed for the receipt of nominations the Assessors shall furnish the returning officer, for transmission to the Governor-in-Council, with a certificate stating whether or not they are satisfied that the nominations have been received in accordance with these regulations. Further, if either of the Assessors is for any reason dissatisfied with the conduct of the election he shall report his opinion, with the reasons therefor, in writing to the President of the Legislative Council and the Speaker of the Legislative Assembly, who, after consultation, may if they consider it necessary, order a recount to be made, and the returning officer shall act accordingly.
(3) Before entering on their duties the returning officer and the assessors shall be required to make oath or affirmation before the Speaker that they will faithfully and impartially discharge the duties of their offices according to the rules laid down herein, or such other rules as may be lawfully made.
(4) The returning officer shall furnish the Governor-in-Council with the names of the persons elected, and shall make to the President of the Legislative Council and the Speaker of the Legislative Assembly a complete return signed by himself showing the various steps of the election, and the result of the election. He shall also transmit to the Speaker of the Legislative Assembly a sealed packet containing the nominations, the actual ballot papers and the counterfoils, which shall be preserved for a period of at least twelve months. The Governor-in-Council shall notify by Proclamation the names of the persons duly elected.
V. (1) The voting shall be by ballot. The returning officer shall ascertain that the person desiring to vote is entitled to vote and shall enter his name upon the counterfoil in the ballot paper book, and shall then tear out the ballot paper corresponding to that counterfoil, and, having stamped the ballot paper with a perforating stamp provided for the purpose, shall hand it to the member. Every ballot paper shall contain the names and addresses of all the candidates duly nominated for election, printed in alphabetical order, in the form prescribed in the annexure hereto.
(2) When the member has received a ballot paper he shall take the paper to a compartment and desk provided for the purpose and signify in manner provided by the next succeeding section for whom he desires to vote. The member shall then fold the ballot paper so that the perforated mark may be visible, and having held up the ballot paper so that the returning officer can recognize the perforated mark, shall drop the ballot paper in the ballot box placed in front of the returning officer.
(3) If a member inadvertently spoils a ballot paper he may return it to the returning officer, who shall, if satisfied of such inadvertence, give him another paper and retain the spoiled paper, and this spoiled paper shall be immediately cancelled, and the fact of such cancellation shall be noted upon the counterfoil.
VI. Every member shall have one vote only. A member in giving his vote
(a) Must place on his ballot paper the figure 1 in the square opposite the name of the candidate, for whom he votes;
(b) May in addition place on his ballot paper the figure 2, or the figures 2 and 3, or 2, 3 and 4, and so on, in the squares opposite the names of other candidates in the order of his preference.
VII. A ballot paper shall be invalid
(a) Upon which a member signs his name or writes any word, or makes any mark by which it becomes recognizable; or
(b) Which does not bear the perforated mark; or
(c) On which the figure 1 is not marked; or
(d) On which the figure 1 is set opposite the name of more than one candidate; or
(e) On which the figure 1 and some other figure is set opposite the name of the same candidate; or
(f) Which is unmarked or void for uncertainty.
VIII. In carrying out these rules the returning officer shall
(a) Disregard all fractions;
(b) Ignore all preferences recorded for candidates already elected or excluded from the poll.
IX. The ballot papers shall be examined and the returning officer, after rejecting any invalid ballot papers, shall divide the remaining papers into parcels according to the first preferences recorded for each candidate. He shall then count the number of papers in each parcel.
X. For the purpose of facilitating the processes prescribed by these regulations, each valid ballot paper shall be deemed to be of the value of one hundred.[2]
XI. The returning officer shall then add together the values of the papers in all the parcels and divide the total by a number exceeding by one the number of vacancies to be filled, and the result increased by one shall be the number sufficient to secure the return of a candidate, herein called the "quota."
XII. If at any time under these regulations a number of candidates equal to the number of persons to be elected has obtained the quota, such candidates shall be treated as elected and no further steps shall be taken.
XIII. (1) Any candidate the value of whose parcel, on the first preferences being counted, is equal to or greater than the quota, shall be declared elected.
(2) If the value of the papers in any such parcel is equal to the quota, the papers shall be set aside as finally dealt with.
(3) If the value of the papers in any such parcel is greater than the quota, the surplus shall be transferred to the continuing candidates indicated on the ballot papers as next in the order of the voters' preference, in the manner prescribed in the following regulation.
XIV. (1) If and whenever as the result of any operation prescribed by these regulations a candidate has a surplus, that surplus shall be transferred in accordance with the provisions of this regulation.
(2) If more than one candidate has a surplus the largest surplus shall be dealt with first and the others in order of magnitude; provided that every surplus arising on the first count of votes shall be dealt with before those arising on the second count, and so on.
(3) Where two or more surpluses are equal the returning officer shall decide according to the terms of regulation XIX., which shall first be dealt with.
(4) (a) If the surplus of any candidate to be transferred arises from original votes only, the returning officer shall examine all the papers in the parcel belonging to the candidate whose surplus is to be transferred, and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall also make a separate sub-parcel of the exhausted papers.
(b) He shall ascertain the value of the papers in each sub-parcel and of all the unexhausted papers.
(c) If the value of the unexhausted papers is equal to or less than the surplus, he shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred.
(d) If the value of the unexhausted papers is greater than the surplus, he shall transfer the sub-parcels of unexhausted papers, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.
(5) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the returning officer shall re-examine all the papers in the sub-parcel last transferred to the candidate and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall thereupon deal with the sub-parcels in the same manner as is provided in the case of the sub-parcels referred to in the last preceding subsection.
(6) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.
(7) All papers in the parcel or sub-parcels of an elected candidate not transferred under this regulation shall be set aside as finally dealt with.
XV. (1) If after all surpluses have been transferred, as hereinbefore directed, less than the number of candidates required has been elected, the returning officer shall exclude from the poll the candidate lowest on the poll, and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon. Any exhausted papers shall be set aside as finally dealt with.
(2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.
(3) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which, and at the value of which, he obtained them.
(4) Each of such transfers shall be deemed to be a separate transfer.
(5) The process directed by this regulation shall be repeated on the successive exclusions one after another of the candidates lowest on the poll, until the last vacancy is filled either by the election of a candidate with the quota, or as hereinafter provided.
XVI. If as the result of a transfer of papers under these regulations the value of the votes obtained by a candidate is equal to or greater than the quota, the transfer then proceeding shall be completed, but no further papers shall be transferred to him.
XVII. (1) If after the completion of any transfer under these regulations the value of the votes of any candidate shall be equal to or greater than the quota, he shall be declared elected.
(2) If the value of the votes of any such candidate shall be equal to the quota, the whole of the papers on which such votes are recorded shall be set aside as finally dealt with.
(3) If the value of the votes of any such candidate shall be greater than the quota, his surplus shall thereupon be distributed in the manner hereinbefore provided, before the exclusion of any other candidate.
XVIII. (1) When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected.
(2) When only one vacancy remains unfilled and the value of the votes of some one continuing candidate exceeds the total value of all the votes of the other continuing candidates, together with any surplus not transferred, that candidate shall be declared elected.
(3) When only one vacancy remains unfilled and there are only two continuing candidates, and those two candidates have each the same value of votes and no surplus remains capable of transfer, one candidate shall be declared excluded under the next succeeding regulation, and the other declared elected.
XIX. If when there is more than one surplus to distribute, two or more surpluses are equal, or if at any time it become necessary to exclude a candidate and two or more candidates have the same value of votes and are lowest on the poll, regard shall be had to the original votes of each candidate, and the candidate for whom fewest original votes are recorded shall have his surplus first distributed or shall be first excluded as the case may be. If the values of their original votes are equal the returning officer shall decide by lot which candidate shall have his surplus distributed or be excluded.
ANNEXURE A
FORM OF FRONT OF BALLOT PAPER
___________________________________ | | Counterfoil | Order of | Names of Candidates. No.…….. |Preference | | | _________________ |___________|________ | | | | JOHN BROWN | | | | Address………………………. The counterfoil |___________|______________ must show | | the number | | JAMES THOMSON corresponding to| | that on the back| | Address………………………. of the ballot |___________|______________ paper. | | | | ALFRED JAMES | | | | Address………………………. |___________|_____________ | | | | HENRY JONES | | | | Address………………………. |___________|______________ | | | | ISAAC LEVY | | | | Address………………………. |___________|______________ | | | | PAUL MAYNARD | | | | Address………………………. |___________|_______________ | | | | JOHANNES OOSTHUIZEN | | | | Address………………………. |___________|______________ | | | | HERBERT PAIN | | | | Address………………………. |___________|_______________ | | | | GEORGE ROBINSON | | | | Address………………………. |___________|_______________ | | | | JACOBUS SMIT | | | | Address………………………. |___________|_______________ | | | | PETRUS VAN DER SPUY | | | | Address………………………. |___________|______________
Instructions to Members
[Printed below the List of Candidates on the Ballot Paper shown on opposite page
A. Each member has one vote, and one vote only.
B. The member votes—
(a) By placing the figure "1" opposite the name of the candidate he likes best.
He is also invited to place
(b) The figure "2" opposite the name of his second choice.
(c) The figure "3" opposite the name of his third choice, and so on, numbering as many candidates as he pleases in order of his preference. The number of preferences is not necessarily restricted to the number of vacancies.
N.B.—The vote will be spoilt if the figure "1" is placed opposite the name of more than one candidate.
[A number is printed on the back of the ballot paper corresponding with that on the counterfoil.]
ANNEXURE C
ILLUSTRATIVE ELECTION
Example of an Election conducted on the system of the single transferable vote in accordance with the preceding regulations
Reg. IX.
Assuming that there are eight members to be elected, sixteen candidates, and eighty-four electors.
The valid ballot papers are arranged in separate parcels according to the first preference recorded for each candidate, and the papers in each parcel counted. Let it be assumed that the result is as follows:—
A 3 J 4 B 13 K 4 C 4 L 3 D 2 M 4 E 19 N 4 F 5 O 3 G 5 P 2 H 3 — I 6 84
Reg. X.
Each valid ballot paper is deemed to be of the value of one hundred, and the values of the votes obtained by the respective candidates are as shown in the first column of the result sheet.
Reg. XI.
The value of all the papers are added together and the total, 8400, is divided by nine (i.e. the number which exceeds by one the number of vacancies to be filled), and 934 (i.e. the quotient, 933, increased by one) is the number sufficient to secure the return of a member, and is called the quota. The operation may be shown thus:— Quota = 8400/9 + 1 = 933 + 1 = 934.
Reg. XIII. (1).]
The candidates B and E, the values of whose votes exceed the quota, are declared elected.
Reg. XIII. (3). Transfer of surplus.]
As the values of the papers in the parcels of B and E exceed the quota, the surplus of each candidate must be transferred. B's surplus is 366 (i.e. 1300 less 934), and E's surplus is 966 (i.e. 1900 less 934).
Reg. XIV. (2).]
The largest surplus, that of E, is dealt with first.
Reg. XIV. (4)(a).]
The surplus arises from original votes, and therefore the whole of E's papers are divided into sub-parcels according to the next preferences recorded thereon, a separate parcel of the exhausted papers being also made. Let it be assumed that the result is as follows:
G is marked as next available preference on 10 papers.
H " " 5 "
L " " 3 "
—
Total of unexhausted papers 18
No. of exhausted papers 1
—
Total of papers 19
Reg. XIV. (4)(b).]
The values of the papers in the sub-parcels are as follows:—
G 1,000
H 500
L 300
——-
Total value of unexhausted papers 1,800
Value of exhausted papers 100
——-
Total value 1,900
Reg. XIV. (4)(d).]
The value of the unexhausted papers is 1800, and is greater than the surplus. This surplus is therefore transferred as follows:—All the papers unexhausted are transferred, but at a reduced value, which is ascertained by dividing the surplus by the number of unexhausted papers. The reduced value of all the unexhausted papers, when added together, with the addition of any value lost as the result of the neglect of fractions, equals the surplus. In this case the new value of each paper transferred is 966 (the surplus)/ 18 (the number of unexhausted papers) = 53, the residue of the value, 47, being required by E for the purpose of constituting his quota.
The values of the sub-parcels transferred are:—
G = 530 (i.e. 10 papers at the value of 53)
H = 265 (i.e. 5 " " )
L = 159 (i.e. 3 " " )
These operations can be shown on a transfer sheet as follows:
TRANSFER SHEET
Value of surplus (E's) to be transferred 966
No. of papers in E's parcel 19
Value of each paper in parcel 100
No. of unexhausted papers 18
Value of unexhausted papers 1,800
New value of each paper transferred =
Surplus 966 / No. of unexhausted papers 18 = 53
Names of Candidates marked as the No. of Papers Value of Sub-parcel
next available Preference. to be to be
Transferred Transferred
G 10 530
H 5 265
L 3 159
Totals 18 954
No. of exhausted papers 1 —-
Loss of value owing to neglect of fractions — 12
Totals 19 966
The values of the sub-parcels are added to the values of the votes already credited to the candidates G, H, L. This operation is shown on the result sheet.
As a result of this operation G's total is brought above the quota, and he is declared elected.
Reg. XIV. (2).]
The next largest surplus, that of B, viz. 366, is then transferred, the operations being similar to those described in the transfer of E's surplus. Assume that there are no unexhausted papers. The new value is therefore 366 / 13 or 28. The surplus is distributed according to next preferences, as follows:
A = (7 x 28) = 196
C = (6 x 28) = 168
Value lost owing to
neglect of fractions 2
——
Total … 366
Reg XIV. (5).
G's surplus has now to be transferred, only the sub-parcel last transferred being re-examined. The details are as follows:—
Value of G's surplus 96
No. of papers in sub-parcel 10
Value of each paper therein 53
No. of unexhausted papers 10
Value of unexhausted papers 530
New value of each paper transferred = 96/10 = 9
The result of the distribution is shown on the result sheet, five papers of the value of nine each being transferred to A, and five of the same value to O.
Reg. XV. (1).
There being no further surplus, the candidate lowest on the poll has now to be excluded. D and P both have 200.
Reg. XIX.
The returning officer casts lots, and P is chosen to be excluded.
Reg. XV. (1).
Being original votes the two papers are transferred at the value of 100 each, as shown in the result sheet, 100 going to L and 100 to N. D, now being lowest, is then excluded in the same way, 100 going to H and 100 to J, all transfers being made to the next preference as marked by the elector.
O now being lowest with 345, is next excluded.
Reg. XV. (2).
300 being the value of original votes, the three corresponding papers are transferred at the value of 100 each to K.
Reg. XV. (3).
45 being the value of transferred votes, the five corresponding papers are transferred at the value of 9 each to N.
M is then excluded; his papers represent original votes and are transferred to F. J is then excluded; of the 500 credited to him, 400 come from original and 100 from transferred papers, but the value of the latter being 100, all five papers are transferred at that value, 300 going to I and 200 to H.
A is then excluded, the value of his votes being as follows:—
Original 300
Transferred 196
" 45
The 300 original go to L.
The 196 transferred representing 7 papers of the value of 28 each, and the 45 representing 5 papers of the value of 9 each, all go to N.
C is then excluded, the value of his votes being as follows:—
Original 400
Transferred 168
The original go 300 to K and 100 to I, and the transferred go 84 to L and 84 to H.
H, I, K, and L now exceed the quota, and are declared elected. Seven seats are now filled.
Reg. XIX.
I and K now both have a surplus of 66, which surpluses have to be transferred. I having had 600 from original votes, and K 400, K's surplus is first distributed.
Reg. XIV. (5).
The last sub-parcel of the value of 300 is dealt with, and the whole surplus 66 goes to F, he being the next preference on all three papers.
F then has the quota and is declared elected. The election is now completed, the full details being shown on the accompanying result sheet.
RESULT SHEET
Number of Votes 84 Number of Members to Elect 8
8,400
Value of Votes 8,400 Quota ——- + 1 = 934
9
Column headings:
1: Names of Candidates
2: Value of Votes at 1st Count.
3: Distribution of E's Surplus.
4: Result.
5: Distribution of B's Surplus.
6: Result.
7: Distribution of G's Surplus.
8: Result.
9: Distribution of P's and D's Votes.
10: Result.
11: Distribution of O's and M's Votes.
12: Result.
13: Distribution of J's and A's Votes.
14: Result.
15: Distribution of C's Votes.
16: Result.
17: Distribution of K's Surplus.
18: Result. (E: Elected, NE: Not elected)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
A 300 300+196=496+45=451 541 541-541 — — —
B 1,300 1,300-366=934 934 934 934 934 934 934 E
C 400 400+168=568 568 568 568 568-568 — —
D 200 200 200 200-200 — — — — —
E 1,900-966=934 934 934 934 934 934 934 934 E
F 500 500 500 500 500+400=900 900 900+66=966 E
G 500+530=1,030 1,030-96=934 934 934 934 934 934 E
H 300+265= 565 565 565+100=665 665+200=865 +84= 949 949 E
I 600 600 600 600 600 600+300=900+100=1,000 1,000 E
J 400 400 400 400+100=500 500-500 — — -
K 400 400 400 400 400+300=700 700+300=1,000-66=934 E
L 300+159= 459 459 459+100=559 — 559+300=859 +84= 943 934 E
M 400 400 400 400 400 400-400 — — —
N 400 400 400 400+100=500 +45=545+241=786 786 786NE
O 300 300 300+45=345 345-345 — — — —
P 200 200 200 200-200 — — — — —
Value of exhausted papers
Loss of value owing to neglect of fractions
+12 = 12 +2= 14 +6= 20 — 20 - 20 — 20 — 20 — 20
Totals
8,400 8,400 8,400 8,400 8,400 8,400 8,400 8,400 8,400
[Footnote 1: The fact that a voter has not marked every preference correctly does not invalidate the whole of his preferences. His paper is only treated as exhausted when the wrongly marked preference is reached.
The following are examples:—
{ A 1 { A 1 { B 2 { B 2 (1) { C 3 (2) { C 3 { D 3 { D 5 { E 4 { E 6 { F -
In case (1) the preferences for A and B would be valid. If the third preference were reached the paper would be treated as exhausted, as it would be impossible to say for which candidate the voter really intended to give his third preference. In case (2) the preferences for A, B and C would be valid, but not the later ones, whether D had been elected or excluded or was still a continuing candidate. It is possible that the voter meant to give a fourth preference for some other candidate, e.g. F, but omitted to do so. It would not be possible to treat 5 as being meant to be 4.]
[Footnote 2: In small elections certain difficulties arise which are not present in the case of large elections.
(a) The quota becomes too large if calculated in the ordinary way. Assume that 27 electors are to elect 8 candidates. Then the quota is 27/(8+1) + 1 = 4. But 8 x 4 = 32.
There are not enough quotas to go round and difficulties would arise. The addition of 1 in the case of so small a number makes the quota disproportionately big. For this reason it is advisable to treat each paper as of the value of one hundred. In the case of the Transvaal the quota instead of being 84/(8+1) + 1 = 10 will be 8400/(8+1) + 1 = 934.
(b) The disregard of fractions in the case of small numbers may mean the waste of several votes. Take the following example:—
Seat to be filled, 8
Electors 25
Quota = 25/(8+1) + 1 = 3
First Count
A 10
B 3
C 3
D
E 2
F 1
G 1
H 1
I 1
J 1