Document ID: chunk:federal_register_of_legislation:F2006C00692:body:0:p11
Version: federal_register_of_legislation:F2006C00692
Segment Type: other
Provision Reference: 
Character Range: 24418–27202

the ballot paper envelope, place it in a ballot box.

23. Subdivision L (Ascertaining the result of the poll)
      23.1 Omit the heading, substitute:

Subdivision L Preliminaries to counting votes

24. Section 135 (Decisions as to rejection)
      24.1 Omit "but nothing herein contained shall prevent the returning officer from reviewing his own decision if he sees fit to do so under subsection (8) of section 136".

25. New Subdivision LA of the Local Government Act
      25.1 After section 135, insert:

Subdivision LA Counting votes under the Hare‑Clark system

135A Interpretation

 (1) In this Subdivision continuing candidate means a candidate not already elected or excluded from the count.

 (2) In this Subdivision, a reference to a vote of or obtained or received by a candidate includes a vote obtained or received by the candidate on any transfer under this regulation.

 (3) For the purposes of this Subdivision, each of the following transfers constitutes a separate transfer:
 (a) a transfer under subsection 135C (1) or (2) or subsection 135D (2) of all the surplus votes of an elected candidate;
 (b) a transfer in accordance with paragraph 135D (1) (a) of all first preference votes of an excluded candidate;
 (c) a transfer in accordance with paragraph 135D (1) (b) of all the votes of an excluded candidate that were transferred to that candidate from a particular candidate.

135B Counting first preferences

  The Returning Officer shall ascertain the number of first preference votes given for each candidate and the total number of all such votes and a quota shall be determined by dividing the total number of first preference votes by one more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by one, and any candidate who has received a number of first preference votes equal to or greater than the quota shall be elected.

135C Transfer of surplus votes

 (1) Unless all the vacancies have been filled, the number (if any) of votes in excess of the quota (in this section referred to as surplus votes) of each elected candidate shall be transferred to the continuing candidates as follows:
 (a) the number of surplus votes of the elected candidate shall be divided by the number of first preference votes received by that candidate and the resulting fraction shall be the transfer value;
 (b) the total number of ballot papers of the elected candidate that express the first preference vote for that candidate and the next available preference for a particular continuing candidate shall be multiplied by the transfer value the number so obtained (disregarding any fraction) shall be added to the number of first preference votes of the continuing candidate and all