Document ID: chunk:federal_register_of_legislation:C2004A00347:clause:1_140
Version: federal_register_of_legislation:C2004A00347
Segment Type: clause
Provision Reference: sch 1 cl 140
Character Range: 41134–42986

140  After section 274(7)
Insert:

 (7AA) If, after ascertaining the total number of first preference votes for each candidate under paragraph (7)(ca), no candidate has an absolute majority of votes, the Divisional Returning Officer must take the following steps:
 (a) rank the candidates consecutively in order of their standing in the poll as set out in subsection (7AB);
 (b) then:
 (i) if the total number of first preference votes for all the candidates, other than the first and second ranked candidates, is equal to or more than the number of first preference votes for the second ranked candidate—proceed with the scrutiny as set out in paragraph (7)(d); or
 (ii)  if the total number of first preference votes for all the candidates, other than the first and second ranked candidates, is less than the number of first preference votes for the second ranked candidate—exclude all the candidates other than the first and second ranked candidates;
 (c) if subparagraph (b)(ii) applies—count each ballot‑paper of an excluded candidate to whichever of the first or second ranked candidates is earlier in the order of preference expressed on the ballot‑paper.

 (7AB) The ranking of candidates under paragraph (7AA)(a) is to be done as follows:
 (a) the candidate with the highest number of first preference votes is to be the first ranked candidate, the candidate with the second-highest number of votes is to be the second ranked candidate, and so on;
 (b) if 2 or more candidates have an equal number of first preference votes, the ranking as between those candidates is to be decided, by lot, by the Divisional Returning Officer.

 (7AC)  If, following the exclusion of candidates under subparagraph (7AA)(b)(ii) and the count of ballot-papers under paragraph (7AA)(c), a candidate has an absolute majority of votes, that candidate is elected.