Chapter XXI: Appendix: VII

THE SINGLE TRANSFERABLE VOTE

SCHEDULE TO MUNICIPAL REPRESENTATION BILL, 1910

THE FIRST SCHEDULE[1]

RULES FOB THE TRANSFER OF VOTES AND FOR ASCERTAINING THE RESULT OF THE POLL

_Arrangement of ballot papers._

1. After the ballot papers have been mixed, in accordance with the rules contained in the First Schedule to the Ballot Act, 1872, the returning officer shall draw out all ballot papers which he does not reject as invalid, and file in a separate parcel those on which the figure 1 is set opposite the name of the same candidate. The returning officer shall then count the number of papers in each parcel.

_Ascertainment of quota._

2. The returning officer shall then add together the numbers 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, disregarding any fractional remainder, shall be the number of votes sufficient to secure the return of a candidate, herein called the "quota."

_Candidates with quota elected._

3. Any candidate whose parcel contains a number of papers equal to or greater than the quota shall be declared elected.

_Transfer of surplus votes_.] 4.--(1) If the number of candidates elected under the last rule shall not equal the number of vacancies, the returning officer shall as far as possible transfer from each elected candidate the votes (if any) in excess of the quota (herein called surplus votes) to the candidates indicated on the ballot papers as next in order of the voters' preference, excluding candidates already declared elected. The votes of the candidate having the largest number of votes shall first be dealt with, and the particular votes to be transferred shall be determined in accordance with the following regulations:--

(a) The returning officer shall arrange all the ballot papers in the parcel of the elected candidate on which votes capable of transfer are given by filing in a separate sub-parcel those on which a next preference is indicated for some one continuing candidate.

(b) The returning officer shall also make a separate sub-parcel of the ballot papers in the parcel on which the votes given are not capable of transfer.

(c) The returning officer shall count the ballot papers in each sub-parcel, and also the total of all the ballot papers containing votes capable of transfer.

(d) If the total number of votes capable of transfer is equal to or less than the surplus votes, the returning officer shall transfer all the votes capable of transfer.

(e) If the total number of votes capable of transfer is greater than the surplus votes, the returning officer shall transfer from each sub-parcel of votes capable of transfer the number of votes which bears the same proportion to the total of the sub-parcel as the number of surplus votes bears to the total of all the votes capable of transfer.

(f) The number of votes to be transferred from each sub-parcel under the preceding regulation shall be ascertained by multiplying the total of the sub-parcel by the number of surplus votes and dividing the result by the total number of votes capable of transfer. Fractional remainders shall be disregarded.

(g) The particular votes transferred from each sub-parcel shall be those last filed in the sub-parcel.

(2) The transfer of surplus votes shall be effected by making new sub-parcels of the ballot papers on which those votes are given, and adding those sub-parcels to the parcels (if any) of the candidates to whom the transfers are made, or, where any such candidate has as yet no parcel, a new parcel shall be formed for him from the papers transferred.

(3) All ballot papers in a parcel of an elected candidate not transferred under this rule shall be set aside as finally dealt with, and the votes given thereon shall thenceforth not be taken into account.

(4) If two or more parcels of elected candidates are equal in size, the returning officer shall decide which parcel he will first deal with under this rule.

(5) A transfer of votes under this rule shall not be made unless the surplus votes of the elected candidate, together with any other surplus votes not transferred, exceed the difference between the totals of the votes of the two continuing candidates lowest on the poll.

(6) This rule shall take effect subject to the provisions for filling the last vacancy herein-after contained, and if at any time it shall be possible to fill the last vacancy under those provisions, no further transfer under this rule shall be made.

_Result of transfer._

5. After the transfer of the surplus votes of an elected candidate, any candidate who shall, as a result of the transfer, obtain the quota of votes, shall be declared elected.

_Further transfer of surplus votes._

6.--(1) Unless and until the last vacancy shall have been filled under the provisions herein-after contained, if, after the transfers directed by Rule 4, there shall still remain a vacancy, and the votes of any elected candidate to whom a transfer has been made are in excess of the quota, the returning officer shall, as far as possible, take from the sub-parcel last transferred to that candidate a number of votes equal to the surplus.

(2) The particular votes to be taken shall be determined in accordance with the regulations given in Rule 4 hereof, in the same manner as if the votes included in the sub-parcel last transferred had been the only votes given to the candidate; the ballot papers so taken shall be added in separate sub-parcels to the parcels of the continuing candidates (if any) indicated thereon as next in order of the voters' preference, and the votes given thereon shall be transferred to those candidates accordingly. Where any such candidate has as yet no parcel, a new parcel shall be formed for him from the papers transferred.

(3) The remaining ballot papers in the parcel of the elected candidate (including the ballot papers taken from the parcel under Sub-Rule (1) on which the votes given are not capable of transfer) shall be set aside as finally dealt with, and the votes given thereon shall thenceforth not be taken into account.

(4) After any transfer of votes under this rule, any candidate who shall, as a result of the transfer, obtain the quota of votes shall be declared elected.

(5) The process directed by this rule shall be repeated until the last vacancy is filled, or until no candidate has any surplus votes, whichever shall first happen.

(6) If two or more parcels shall be equal in size, regard shall be had to the number of votes counted to each candidate under Rule 1, and the parcel of the candidate highest on that count shall first be dealt with, but if the numbers of votes on that count were equal, the returning officer shall decide which parcel he will first deal with under this rule.

(7) A transfer of votes under this rule shall not be made unless the surplus votes of the elected candidate, together with any other surplus votes not transferred, exceed the difference between the totals of the votes of the two continuing candidates lowest on the poll.

_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.