SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACT, 1937

FIRST SCHEDULE. Registration Rules.

Registration Rules.

Definition.

1. In this Schedule—

the expression “registration officer” means the registration officer for a university constituency.

Publication of electors' list.

2. On the 29th day of January in every year, every registration officer shall publish a list (in these rules referred to as the electors list) in the prescribed form of all persons who appear to him to be entitled to be registered in the register of electors for his constituency.

Right to send claims.

3. Any person who is not entered in an electors list for a university constituency and claims to be entitled to be registered as an elector in that university constituency may send, on or before the 26th day of February next after the publication of such electors list, to the registration officer for such constituency a claim in the prescribed form to be so registered.

Contents of prescribed form of claim.

4. The prescribed form of claim referred to in the next preceding rule shall be such as to enable the person filling up the same to state therein—

(a) such particulars (including the date of his birth) as shall be requisite to show that he is entitled to be an elector in the constituency to which such claim relates, and

(b) the address at which he was normally resident on the next previous 15th day of November, and

(c) if he so desires, another address as the address to which his ballot papers are to be sent.

Publication of list of claims.

5. Not later than the 12th day of March in every year every registration officer shall prepare and publish a list of claims in the prescribed form and shall enter in such list the name of every person who shall have sent to him, on or before the 26th day of February, a prescribed form of claim properly and sufficiently filled up.

Time for and mode of making objections.

6. Any person who is registered in the register of electors for a university constituency may object to the registration in such register of any person whose name appears in an electors list or a list of claims in respect of such constituency; every such objection shall be made by sending a notice of objection in the prescribed form to the registration officer not later than the 26th day of March next after the publication of the electors list or the list of claims (as the case may be) to which such objection relates.

Obligation to notify person objected to.

7. An objection under the next preceding rule shall not be entertained unless, within the time limited for sending the notice of objection, a copy of the notice of objection sent to the registration officer is sent by prepaid registered post by the person making the objection to the person whose registration is objected to at his address as stated in the electors list or the list of claims as the case may be.

Publication of list of objections.

8. Every registration officer shall prepare and publish as soon as practicable after the 26th day of March in every year a list of the persons named in the electors list or the list of claims in respect of whose registration a notice of objection has been received by such registration officer on or before the said 26th day of March.

Consideration of and ruling upon objections.

9. Every registration officer shall, as soon as practicable, consider and rule upon all objections of which notice has been given to him in accordance with these rules, and for that purpose shall give, in respect of every such objection, at least five clear days notice to the person making the objection and to the person whose registration is thereby objected to of the time and place at which he will consider and rule upon such objection.

Consideration of and ruling upon claims.

10. Every registration officer shall also consider, as soon as practicable, every claim mentioned in the list of claims in respect of which no notice of objection has been given in accordance with these rules and,

(a) if he considers that such claim may be allowed without further inquiry, he shall allow such claim and give notice thereof to the claimant, or

(b) if he is not satisfied that such claim can be allowed without further inquiry, he shall give at least five clear days notice to the claimant of the time and place at which he will consider and rule upon such claim.

Objections by the registration officer.

11. A registration officer may make such further inquiries as he may deem necessary in respect of any claim mentioned in a list of claims and, if after such inquiry it shall appear to him that the claimant is not entitled to be registered, the registration officer may himself at any time object to such claim by sending a notice of objection stating the grounds of the objection to the claimant.

Every objection made by a registration officer under this rule shall be considered and ruled upon by him, and for that purpose he shall give to the claimant at least five clear days notice of the time and place at which he will so consider and rule upon such claim.

Claims for correction of entries in a register.

12. Any person who is registered as an elector in a register of electors and claims that he is entered in such register in an incorrect manner or with incorrect particulars may send to the registration officer, on or before the 26th day of February, a notice in the prescribed form stating that he is so entered incorrectly, and stating the alterations which he alleges to be necessary in order to make such register correct in regard to him, and claiming that the register be altered accordingly.

No claim made under this rule shall be included in the list of claims.

Consideration of and ruling upon claims for corrections.

13. Every registration officer shall consider, as soon as practicable, every claim made under the next preceding rule and—

(a) if he considers that such claim may be allowed without further inquiry, he shall allow such claim and give notice thereof to the claimant, or

(b) if he is not satisfied that such claim can be allowed without further inquiry, he shall give at least five clear days notice to the claimant of the time and place at which he will consider and rule upon such claim.

Revision of the register.

14. Not later than the 31st day of May in every year every registration officer shall revise the register of electors for his constituency by doing the following things in regard to such register, that is to say:—

(a) inserting in such register the names and addresses of all persons who were entered in the electors list published on the previous 29th day of January and whose registration was not successfully objected to and of all persons who have claimed to be entitled to be registered in such register and whose claim for such registration has been allowed by such registration officer, and

(b) making all such corrections in such register as may be necessary to give effect to all claims for corrections which have been allowed by such registration officer, and

(c) removing from such register the names of all persons who were omitted from the said electors list because they were dead.

Publication of the revised register.

15. When a registration officer has completed the revision, in accordance with the next preceding rule, of the register of electors for his constituency, he shall do the following things in relation to such register as so revised (in this rule referred to as the revised register), that is to say:—

(a) publish such revised register not later than the 1st day of June by publishing a notice that a copy of such revised register is open to inspection at his office, and

(b) keep at least one copy of such revised register available in his office for inspection, and

(c) permit any person to inspect free of charge in his office during office hours a copy of such revised register, and

(d) on the application of any person during office hours and on payment of the prescribed fee, furnish to such person a copy of such revised register or of so much thereof as is the subject of such application, and

(e) transmit a copy of such revised register to the Minister as soon as may be after the publication of such register, and

(f) whenever so requested by the Minister, transmit to the Minister a summary of the contents of such revised register in such form and giving such particulars as he shall specify in such request.

Method of appealing to the Circuit Court.

16. A person desiring to appeal against the decision of a registration officer must give notice of appeal in the prescribed form to such registration officer and to the opposite party (if any) when such decision is given or within five days thereafter.

The registration officer shall transmit every such notice of appeal so given to him to the county registrar for the county borough of Dublin in the manner directed by rules of court together with, in every case, a statement of the material facts which, in the opinion of such registration officer, have been established in the case, and of his decision upon the whole case and on any point which may be specified as a ground of appeal.

The registration officer shall furnish to the court hearing any such appeal such further information, within his knowledge or procurement, as such court may require.

Appeals on similar grounds.

17. Where it appears to a registration officer that any two or more notices of appeal from his decisions are based on similar grounds, he shall inform the county registrar for the county borough of Dublin of that fact for the purpose of enabling the judge hearing such appeals (if he so thinks fit) to consolidate such appeals or to select one of such appeals as a test case.

Changes of address of registered electors.

18. Any person registered in the register of electors for a university constituency may at any time inform the registration officer for such constituency of any change in the address of such person (whether the address at which he is ordinarily resident or the address to which his ballot papers are to be sent) and thereupon such registration officer shall amend such register of electors by entering therein such change of address.

Deletion of deceased electors from the register.

19. Whenever it comes to the knowledge of the registration officer for a university constituency that a person registered in the register of electors for such constituency is dead he shall take note of that fact and shall, at the next annual revision of such register in pursuance of this Act, omit the name of such person from the electors list.

Evidence of age and citizenship.

20. The registration officer for a university constituency, before registering any person in the register of electors for such constituency may, if he thinks it necessary—

(a) require such person to produce a certificate of his birth or, if that is not practicable or convenient, to make a statutory declaration that he has attained the age of twenty-one years, and

(b) require such person either, as the case may require, to make a statutory declaration that he is a citizen of Ireland or to produce a certificate of his naturalisation as a citizen of Ireland.

Where a person is required under this rule to make a statutory declaration, any fee payable in connection therewith shall be paid by the registration officer as part of his registration expenses and the declaration shall be exempt from stamp duty.

Method of publishing documents.

21. Where a registration officer is required by these rules to publish any document, and no specific provision is made as to the mode of publication, such registration officer shall publish such document by making copies thereof available for inspection in his office during office hours and posting a notice in some conspicuous place on the outside of his office stating the times at which such document may be inspected in his office.

Provision of forms by registration officers.

22. Every registration officer shall, on the application of any person, supply to such person free of charge such number of forms of claim and forms of notice of objection as he shall reasonably require.

Every registration officer shall also, on the application of any person, permit such person to inspect and take copies of any claim or notice of objection received by such registration officer under these rules and shall also, on payment of the prescribed fee, supply to such person a copy of any such claim or notice of objection.

Method of sending notices.

23. Any claim, notice of objection, or other document which is, under these rules, to be sent to a registration officer may be sent to him by prepaid post addressed to him at his office.

Any notice which is required by these rules to be sent by a registration officer to any person shall be sufficiently sent if sent by post addressed to such person at the address given by him for that purpose or, if he is a registered elector, at his address as stated in the register of electors or, where neither of such addresses is available, at his last known place of abode.

Persons entitled to appear and be heard before the registration officer.

24. On the consideration of any claim or objection or other matter by a registration officer in pursuance of these rules, any person appearing to such registration officer to be interested may appear and be heard either in person or by some other person (other than counsel) on his behalf.

Power of registration officer to take evidence on oath.

25. On the consideration of any claim or objection, or other matter by a registration officer in pursuance of these rules, such registration officer may, at the request of any person interested or, if he so thinks fit, without such request, require that the evidence tendered by any person should be given on oath and may administer an oath for that purpose.

Misnomers and inaccurate descriptions.

26. No misnomer or inaccurate description of any person or place in any list or in a register of electors or in any notice shall prejudice the operation of this Act or these rules as respects that person or place provided such person or place is so designated as to be commonly understood.

SECOND SCHEDULE. Conduct of Elections.

Conduct of Elections.

Issue of ballot papers.

1. On the day for the issue of ballot papers, the returning officer shall issue in the manner directed in the following rules a ballot paper to every elector registered in the register of electors for the constituency.

Attendance of candidates.

2. Every candidate and his agent shall be entitled to attend at the issue of the ballot papers and the returning officer shall on the request of any such candidate or agent inform him of the time and place at which such issue of ballot papers will be made.

Persons present at issue of ballot papers.

3. No person shall be present at the issue of ballot papers save the returning officer and his assistants, such of the candidates and their agents as choose to attend, and such other persons (if any) as the returning officer may permit to be so present.

Method of issuing ballot papers.

4. The returning officer shall issue each ballot paper by doing or causing to be done the following things in the following order, that is to say:—

(a) the number, name, and description as stated in the register of electors of the elector to whom the ballot paper is to be issued shall be called out;

(b) the elector's said number shall be marked on the counter-foil of the ballot paper;

(c) a mark shall be placed on a copy of the register of electors opposite the elector's number thereon to denote that a ballot paper has been issued to such elector but without disclosing the identity of such ballot paper;

(d) the ballot paper shall be marked on both sides with the official mark;

(e) the number on the back of the ballot paper shall be marked upon a form of declaration of identity and upon a ballot paper envelope;

(f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at the address stated in the register of electors as the address to which his ballot papers are to be sent or, where no such address is so stated, at theaddress of his normal residence as stated in the register of electors the following documents, that is to say:—

(i) the said ballot paper, and

(ii) the said form of declaration of identity, and

(iii) an envelope (hereinafter referred to as the covering envelope) in the prescribed form addressed to the returning officer, and

(iv) a smaller envelope (herein referred to as the ballot paper envelope) in the prescribed form marked as hereinbefore directed with the number on the back of the said ballot paper;

(g) the outer envelope shall be effectually closed;

(h) when the foregoing provisions of this rule have been complied with in respect of all the ballot papers to be issued, all the said closed outer envelopes shall be collected, counted, and posted.

Posting of ballot papers.

5. The returning officer shall post the said closed outer envelopes by delivering such envelopes to the nearest head post office, or such other office as may be arranged with the head postmaster, and the postmaster at such office shall stamp with the post office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes by registered post for delivery to the persons to whom they are addressed.

Preservation of electoral roll and counterfoils.

6. The returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of the candidates and their agents in attendance, shall make up in separate packets, sealed with his own seal and sealed by such of the candidates or agents as desire to affix their seals, the marked copy of the register of electors and the counterfoils of the ballot papers.

The ballot box.

7. The returning officer shall provide a ballot box for the reception of the covering envelopes when returned by the voters, and on the completion of the issue of the ballot papers the returning officer shall show such ballot box open and empty to the candidates and agents (if any) present, and shall seal such ballot box withhis seal and shall make provision for the safe custody of such ballot box.

Disposal of covering envelopes on receipt.

8. The returning officer shall forthwith place unopened in the ballot box every covering envelope received by him before the close of the poll and shall seal up unopened in a separate package all covering envelopes received by him after the close of the poll and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered.

Notice of counting of votes.

9. Not less than three days before the close of the poll the returning officer shall send by post to the agent of every candidate notice in writing of the time and place at which he will open the ballot box and count the votes.

Opening of the ballot box.

10. As soon as conveniently may be after the close of the poll the returning officer shall open the ballot box and count the votes.

Persons present at counting of votes.

11. No person shall be present at the opening of the ballot box or the counting of the votes save the returning officer and his assistants, such of the candidates and their agents as choose to attend, and such other persons (if any) as the returning officer may permit to be present.

Procedure on opening of the ballot box.

12. When the ballot box has been opened the returning officer shall do the following things, that is to say:—

(a) take all the covering envelopes out of the ballot box and count and note the number thereof;

(b) open each such covering envelope and examine the declaration of identity therein and compare the number on such declaration with the number on the ballot paper envelope in such covering envelope;

(c) if the said numbers agree and the declaration of identity is found to be duly completed and made, the returning officer shall place the declaration of identity and the ballot paper envelope in separate receptacles;

(d) if the returning officer is not satisfied that the declaration of identity has been duly completed and made heshall endorse the declaration of identity “vote rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the ballot paper;

(e) if the returning officer finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope and, if the number on the ballot paper agrees with the number on the declaration of identity, he shall place the ballot paper in the special receptacle provided by him for ballot papers;

(f) where the number on the ballot paper does not agree with the number on the declaration of identity, the returning officer shall replace the ballot paper in its envelope, if any, attach such envelope or ballot paper (as the case may be) to the declaration of identity, and endorse the declaration of identity “vote rejected”;

(g) where a declaration of identity does not appear to accompany the ballot paper envelope, the returning officer shall open the ballot paper envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper in accordance with the foregoing provisions of this rule;

(h) he shall mark with the word “rejected” every declaration of identity which is not accompanied by a ballot paper, and every ballot paper which is not accompanied by a declaration of identity.

Ballot papers and declarations not in proper envelopes.

13. Where a ballot paper and a declaration of identity are received together and the numbers thereon agree, the ballot paper shall not be rejected solely on the ground that the ballot paper and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened.

Rejection of declarations of identity.

14. The returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates and agents present and, if an objection is made by any such candidate or agent to his decision, he shall add to the endorsement the words “rejection objected to.”

Separation of rejected declarations.

15. The returning officer shall keep all rejected declarations, with the attached envelopes or ballot papers as the case may be, separate from other documents.

Opening of ballot paper envelope.

16. When all the covering envelopes in the ballot box have been opened and their contents dealt with under the preceding rules, the returning officer shall open each unopened ballot paper envelope and compare the number on the envelope with the number on the ballot paper and, if the numbers agree, he shall place the ballot paper in the special receptacle provided by him for ballot papers, but if the numbers do not agree he shall mark the ballot paper “rejected” and shall attach it to the envelope.

Preservation of declarations, ballot papers, etc.

17. As soon as the returning officer has completed the placing of the ballot papers in the said special receptacle he shall seal up in separate packets (1) the declarations of identity which accompanied any ballot papers duly accepted; (2) any rejected declarations of identity; and (3) any rejected ballot papers; in the two latter cases with the envelopes (if any) attached thereto.

Counting of the votes.

18. When the returning officer has complied with the foregoing rules he shall mix together thoroughly the ballot papers contained in the said special receptacle and shall then take the said ballot papers out of the said special receptacle, count and note the number thereof and then count, in accordance with the rules contained in the Third Schedule to this Act, the votes recorded on the said ballot papers.

Rejection of invalid ballot papers.

19. The returning officer shall endorse “rejected” on any ballot paper which he rejects as invalid and, if an objection be made by any candidate or agent to his decision rejecting the ballot paper, he shall add to the said endorsement “rejection objected to”.

Continuity of proceedings under this Schedule.

20. The returning officer shall so far as practicable proceed continuously with the proceedings under this Schedule subsequent to the opening of the ballot box and with the counting of the votes but may at any time suspend such proceedings or counting for refreshment, night-time or other reasons appearing to him to be sufficient for such period as he thinks proper, and whenever he does so suspend such proceedings or such counting he shall take allproper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election.

Declaration of secrecy.

21. The returning officer and every of his assistants taking part in any of the proceedings under this Schedule or the counting of the votes and every candidate and agent attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the prescribed form to preserve the secrecy of the voting.

Certificate of result of the poll.

22. As soon as the counting of the votes is completed the returning officer shall prepare in duplicate a certificate in the prescribed form setting out the names of the candidates elected, the total number of votes given for each candidate (whether elected or not), every transfer of votes made under this Act and the total number of votes credited to each candidate at the end of the count at which each such transfer took place, and such other matters as shall be prescribed, and the returning officer shall then sign the said duplicate certificate and shall send one such duplicate to the Clerk of Dáil Eireann and (except in the case of the first Seanad general election) the other such duplicate to the Clerk of Seanad Eireann.

In the case of every certificate prepared under this rule in relation to the first Seanad general election, the returning officer shall, after he has sent one duplicate of such certificate to the Clerk of Dáil Eireann, retain the other duplicate thereof and shall send or deliver such other duplicate to the Clerk of Seanad Eireann as soon as may be after such Clerk has been appointed.

Publication of result of election.

23. The returning officer shall also prepare and publish in the Iris Oifigiúil a statement in the prescribed form of the names of the candidates elected and of the order in which they were elected.

Preservation of ballot papers.

24. Upon the completion of the counting of the votes the returning officer shall seal up in separate packets the counted ballot papers and the ballot papers rejected as invalid.

Retention of documents by the returning officer.

25. The returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the register of electors, the counterfoils of the ballot papers, the covering envelopes received after the close of the poll, the outer envelopes returned as undelivered, the accepted declarations of identity, the rejected declarations of identity, the rejected ballot papers, the counted ballot papers, and the invalid ballot papers, and shall at the end of the said period of six months destroy all the said sealed packets unless an election tribunal shall have otherwise ordered.

Inspection of sealed packets.

26. No person shall be allowed to inspect any of the said sealed packets retained by the returning officer nor any of the contents thereof save under and in accordance with an order of an election tribunal.

Authority for inspection of sealed packets.

27. An election tribunal may authorise the inspection by any person of the contents of any of the said sealed packets as justice may require but on any such inspection care shall be taken that the mode in which any particular elector has voted shall not be discovered until lie has been proved to the satisfaction of an election tribunal to have voted and such tribunal has declared his vote to be invalid.

Compliance with orders of election tribunal.

28. The returning officer shall comply with every order made by an election tribunal in relation to the inspection, production, and disposal of the said sealed packets.

Conclusiveness of production by the returning officer.

29. Where an order is made by an election tribunal for the production by the returning officer of any document or packet of documents in his possession relating to a specified election, the production by the returning officer of such document or packet of documents in pursuance of such order shall be conclusive evidence that such document or packet of documents relates to the said specified election, and the endorsement made by the returning officer in pursuance of this Schedule on any such document or packet of documents shall be conclusive evidence that such document or packet is what it is stated in such endorsement to be.

Evidence of voting.

30. The production by the returning officer of a ballot paper purporting to have been used at any election and of a counterfoil marked with the same printed number and having a number marked thereon in writing shall be prima facie evidence that the person who voted by such ballot paper was the person whose number on the register of electors was the same as the number so marked on such counterfoil.

Endorsement of packets by the returning officer.

31. Whenever the returning officer is required by this Schedule to seal up any documents in a separate packet he shall endorse on such packet a statement of the number and character of such documents and the election to which they relate.

Meaning of “election tribunal.”

32. In this Schedule the expression “election tribunal” means a court lawfully having cognizance of petitions complaining of undue return or undue election at a Seanad election.

THIRD SCHEDULE. Counting of the Votes.

Counting of the Votes.

1. (1) After the ballot papers have been mixed in accordance with the Rules contained in the Second Schedule to this Act, the returning officer shall, rejecting any that are invalid, cause the ballot papers to be arranged in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel, and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate, and he shall ascertain the full total number of all valid papers.

2. The returning officer shall then divide the full total number of all valid papers by a number exceeding by one the number of vacancies to be filled. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the “quota.”

3. If at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.

4. (1) If at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provisions of this Rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the elected candidate, according to the next available preferences recorded thereon.

(2) (a) If the votes credited to an elected candidate consist of original votes only, the returning officer shall examine all the papers in the parcel of the elected candidate whose surplus isto be transferred, and shall arrange the transferable papers in sub-parcels according t the next available preferences recorded thereon.

(b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by the elected candidate, and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.

(c) In either of the cases referred to in paragraphs (a) and (b) of this sub-section the returning officer shall make a separate sub-parcel of the non-transferable papers, and shall ascertain the number of papers in each sub-parcel of transferable papers, and in the sub-parcel of non-transferable papers.

(3) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference

Provided that where the surplus is greater than such total number a sub-parcel shall be made of a number of non-transferable papers equal to the difference between the said total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and for the purposes of Rule 22 in the Second Schedule to this Act shall be described as non-transferable papers not effective and the remaining non-transferable papers also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

(4) (a) If the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers.

(b) The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate.

(c) If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining fractions shall be ignored.

If two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, preference shall be given to the candidate who obtained the largest number of original votes. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates, at the first count at which they had an unequal number of votes, and the fraction credited to the candidate with the greatest number of votes at that count shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(d) The particular papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked stamped or perforated so as to indicate the number of the count at which the transfer took place.

(5) A surplus which arises at the end of any count shall be transferred before a surplus which may arise at a subsequent count: Provided that—

(a) the returning officer need not necessarily transfer the surplus of an elected candidate when that surplus, together with any other surplus not transferred is less than the difference between the numbers of the votes credited to the two lowest continuing candidates;

(b) a surplus which is equal to or greater than the difference between the numbers of votes credited to the two lowest candidates shall be transferred before any surplus which is less than such difference;

(c) if there are two or more surpluses, each of which is less than the difference between the numbers of votes credited to the two lowest candidates, the greatest of such surpluses shall be first transferred without regard to the count at which it arose.

(6) When two or more surpluses arise from the same count the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude.

(7) If two or more candidates have each an equal surplus arising from the same count, regard shall be had to the number of original votes obtained by each candidate, and the surplus of the candidate credited with the largest number of original votes shall be first dealt with.

Where the numbers of such original votes are equal, regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes, and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with.

Where the numbers of votes credited to such candidates were equal at all counts, the returning officer shall determine by lot which surplus he will first deal with.

5. (1) If at any time no candidate has a surplus (or when under the preceding Rule an existing surplus need not be and is not transferred), and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes, and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers. The non-transferable papers shall be set aside as finally dealt with and shall for the purposes of Rule 22 in the Second Schedule to this Act be described as non-transferable papers not effective.

(2) If the total of the votes of the two or more lowest candidates together with any surplus not transferred, is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude those candidates and transfer their votes in accordance with paragraph (1) of this Rule.

(3) If, when a candidate has to be excluded under this Rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded, and where the numbers of the original votes are equal, regard shall be had to thetotal numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

6. (1) Whenever any transfer is made under any of the preceding Rules each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.

(2) If after any transfer a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions contained in Rule 4 before any other candidate is excluded.

7. (1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be 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 not transferred, that candidate shall thereupon be deemed to be elected.

(3) When the last vacancies can be filled under this Rule, no further transfer of votes need be made.

8. (1) Any candidate or his agent may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall forthwith re-examine and recount accordingly the papers indicated without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. The returning officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count: Provided that nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once.

(2) The powers of the Court upon an election petition shall include power to direct the whole or any part of the ballot papers to be recounted, and the result of the election to be ascertained in accordance with these Rules.

(3) On any such recount, subject to such modifications as may be necessary by reason of any order of the Court, each paper shall take the same course as at the original counting of the votes.

9. (1) If any question shall arise in relation to the exclusion of any candidate under Rule 5 or to any transfer of votes, the decision of the returning officer, whether expressed or implied by his acts, shall be final, unless an objection in writing stating the grounds thereof is made to the returning officer 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 may direct what transfer is to be made in place of the transfer in question, and may cause the subsequent operations to be carried out, and the result of the election to be ascertained in accordance with these Rules.

10. In these Rules—

(1) The expression “continuing candidate” means any candidate not deemed to be elected and not excluded.

(2) The expression “first preference” means the figure “1” standing alone; the expression “second preference” means the figure “2” standing alone in succession to the figure “1” and the expression “third preference” means the figure “3” standing alone in succession to the figures “1” and “2” set opposite the name of any candidate, and so on.

(3) The expression “next available preference” means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preference next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored.

(4) The expression “transferable paper” means a ballot paper on which, following a first preference, a second or subsequentquent preference is recorded in consecutive numerical order for a continuing candidate.

(5) The expression “non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate.

Provided that a paper shall be deemed to have become a non-transferable paper whenever—

(a) the names of two or more candidates (whether continuing or not) are marked with the same number 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 number not following consecutively after some other number on the ballot paper; or

(ii) by two or more numbers; or

(c) it is void for uncertainty.

(6) The expression “original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate.

(7) The expression “transferred vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

(8) The expression “surplus” means the number of votes by which the total number of votes, original and transferred credited to any candidate exceeds the quota.

(9) The expression “count” means—

(a) all the operations involved in the counting of the first preferences recorded for candidates; or

(b) all the operations involved in the transfer of the surplus of an elected candidate; or

(c) all the operations involved in the transfer of the votes of an excluded candidate.

(10) The expression “deemed to be elected” means deemed to be elected for the purpose of counting of the votes, but without prejudice to the declaration of the poll.

(11) The expression “determine by lot” means determine in accordance with the following direction:—The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall, in cases of exclusion be excluded in the order in which their names are drawn, and, in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn.