Document ID: chunk:federal_register_of_legislation:F2023L01736:reg:33
Version: federal_register_of_legislation:F2023L01736
Segment Type: reg
Provision Reference: reg 33
Character Range: 28235–30908

33  Counting of ballot papers

Removal of declaration section
 (1) Before opening a declaration envelope to count a ballot paper, the returning officer must remove the declaration from the declaration envelope so that the eligible voter can no longer be identified.

Informal ballot papers not to be counted
 (2) The returning officer must not count a ballot paper if:
 (a) it does not bear the initials or other authenticating mark of the returning officer; or
 (b) it does not indicate the voter's first preference in accordance with the instructions on how to complete the ballot paper; or
 (c) the voter's intention is not clear from the marking used by the voter; or
 (d) the ballot paper is not returned inside a declaration envelope.

Counting of ballot papers
 (3) If, after first preference votes have been counted, a candidate has an absolute majority of the votes, namely 50% plus one vote, the returning officer must declare the candidate to be elected.
 (4) If no candidate has an absolute majority after first preferences are counted, the returning officer must:
 (a) exclude the candidate with the fewest number of first preference votes; and
 (b) distribute the excluded candidate's second preference votes to the remaining candidates, discarding any ballot papers that do not show a second preference.
 (5) Then, the returning officer must:
 (a) if a candidate has an absolute majority of votes—declare the candidate to be elected; or
 (b) if no candidate has an absolute majority of votes—repeat the process in paragraphs (4)(a) and (b) for later preferences, until one candidate has an absolute majority of votes, and declare that candidate to be elected.
 (6) For the purposes of paragraph (5)(b), if an excluded candidate's preference is for another excluded candidate, the returning officer must distribute the vote to the candidate (not being an excluded candidate) for whom the voter's next preference is shown.
 (7) If 2 or more candidates receive the same number of votes after preferences, the returning officer must conduct a draw of lots and declare the candidate, whose name is drawn first, to be elected.
 (8) The returning officer must give eligible voters reasonable notice of the time and place for the lot to be drawn, in order to give candidates and eligible voters the opportunity to attend the draw.

Election material to be kept
 (9) After counting the ballot papers, the returning officer must:
 (a) place all ballot papers, declaration envelopes and reply paid envelopes in a sealed parcel; and
 (b) endorse the parcel to indicate the parcel's contents and the election to which it relates; and
 (c) sign and date the endorsement.