SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937

FIRST SCHEDULE. Conduct of Election.

Conduct of Election.

Issue of ballot papers.

1. On the day of issue of ballot papers at a Seanad election the Seanad returning officer shall issue, in the manner directed in the following Rules, a ballot paper to every elector named on the electoral roll for that election.

Attendance of candidates.

2. Every candidate at a Seanad election shall be entitled to attend at the issue of ballot papers for that election, and the Seanad returning officer shall, on the request of any such candidate, inform such candidate of the time and place at which such issue of ballot papers will be made.

Persons present at issue of ballot papers.

3. The Seanad returning officer and his assistants, any candidate and any agent appointed by a candidate, and no other person, except with the permission of the Seanad returning officer, may be present at the issue of ballot papers.

Method of issuing ballot papers.

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

(a) the number, name, address, and description of the elector as stated in the electoral roll shall be called out;

(b) the elector's said number shall be marked on the counterfoil of the ballot paper to be sent to him;

(c) a mark shall be placed on the electoral roll opposite the elector's name thereon to indicate 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 an envelope (hereinafter referred to as the ballot paper envelope) in the prescribed form;

(f) there shall be placed in an envelope (hereinafter referred to as the outer envelope) in the prescribed form addressed to the elector at his address stated in the electoral roll the following documents, that is to say:—

(i) a 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 Seanad returning officer, and

(iv) the said ballot paper envelope;

(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 electors whose names are on the electoral roll, all the said closed outer envelopes shall be collected, counted, and posted.

Issue of duplicate ballot papers.

5. Every request for the issue of a duplicate ballot paper shall, when received by the Seanad returning officer, be endorsed by him with the day and hour of the receipt thereof by him and with a consecutive number, and every duplicate ballot paper issued in pursuance of any such request shall be issued in accordance with the provisions of the foregoing Rule so far as the same are applicable save that, in lieu of the number on the electoral roll, there shall be marked on the counterfoil of such ballot paper the consecutive number endorsed on the request in pursuance of which such ballot paper is issued and that when such ballot paper has been issued the said request shall be disposed of in like manner as the marked copy of the electoral roll is required by these Rules to be disposed of.

Posting of ballot papers.

6. The Seanad 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 Seanad 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.

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

Seanad ballot box.

8. The Seanad returning officer shall provide a ballot box marked “Seanad 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 Seanad returning officer shall show such ballot box open and empty to the candidates and agents (if any) present, and shall seal such ballot box with his seal and shall make provision for the safe custody of such ballot box.

Disposal of covering envelopes on receipt.

9. The Seanad returning officer shall forthwith place unopened in the Seanad 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.

10. Not less than three days before the close of the poll the Seanad returning officer shall send by post to every candidate at his address as stated in the panels of candidates notice in writing of the time and place at which he will open the Seanad ballot box and count the votes.

Opening of Seanad ballot box.

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

Persons present at counting of votes.

12. The Seanad returning officer and his assistants, any candidate and any agent appointed by a candidate, and no other person, except with the permission of the Seanad returning officer, may be present at the opening of the Seanad ballot box or the counting of the votes.

Procedure on opening of Seanad ballot box.

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

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

(b) open each such covering envelope and segregate any of those envelopes containing a declaration of identity issued as a duplicate form of declaration of identity;

(c) take up separately each of the said covering envelopes not so segregated, 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;

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

(e) if he is not satisfied that the declaration of identity has been duly completed and made he shall 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;

(f) if he 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;

(g) where the number on the ballot paper does not agree with the number on the declaration of identity, he 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”;

(h) where a declaration of identity does not appear to accompany the ballot paper envelope, he 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 envelope in accordance with the foregoing provisions of this Rule;

(i) 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;

(j) when all the said covering envelopes not so segregated have been dealt with under the foregoing provisions of this Rule, he shall take up separately each of the said covering envelopes segregated as containing a declaration of identity issued as a duplicate form of declaration of identity, examine the declaration of identity therein (hereinafter referred to as the duplicate declaration) and ascertain whether a declaration of identity in respect of the same person has or has not been previously examined under this Rule;

(k) if a declaration of identity in respect of the same person has been previously examined under this Rule he shall mark the duplicate declaration “vote rejected” and shall attach thereto the ballot paper envelope, without opening such envelope, or, if there is no such envelope, the ballot paper;

(l) if a declaration of identity in respect of the same person has not been previously examined under this Rule he shall deal with the duplicate declaration and the ballot paper envelope and ballot paper accompanying the same in accordance with the foregoing provisions of this Rule other than the two last preceding paragraphs thereof.

Ballot paper and declaration not in proper envelopes.

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

Rejection of declarations of identity.

15. The Seanad 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 (if any) present, and if an objection is made by any such candidate or agent to his decision shall add to the endorsement the words “rejection objected to”.

Separation of rejected declarations.

16. The Seanad 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 envelopes.

17. When all the covering envelopes in the Seanad ballot box have been opened and their contents dealt with under the preceding Rules, the Seanad 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 number on the envelope and the number on the ballot paper agree, he shall place the ballot paper in the special receptacle provided by him for ballot papers, but if the number on the envelope and the number on the ballot paper do not agree, the Seanad returning officer shall fasten such ballot paper and such envelope together and mark them “rejected”.

Preservation of declarations, ballot papers, etc.

18. As soon as the Seanad 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 the votes.

19. When the Seanad returning officer has complied with the foregoing Rules of this Schedule, he shall mix together thoroughly the ballot papers contained in the special receptacle provided by him for ballot papers and shall count, in accordance with the Rules contained in the Second Schedule to this Act, the votes recorded on such ballot papers.

Rejection of invalid ballot papers.

20. The Seanad 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.

21. The Seanad returning officer shall so far as practicable proceed continuously with the proceedings under this Schedule subsequent to the opening of the Seanad 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 reason 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 all proper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election.

Declaration of secrecy.

22. The Seanad 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.

23. As soon as the counting of the votes is completed the Seanad returning officer shall prepare in duplicate in respect of each panel a certificate in the prescribed form setting out the names of the candidates elected from such panel, the total number of votes given for each candidate (whether elected or not), every transfer of values made under this Act, and the total value 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 Seanad 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 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 election, the Seanad 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.

24. The Seanad returning officer shall also prepare and publish in the Iris Oifigiúil a statement in the prescribed form of the names of the candidates elected from each panel.

Preservation of ballot papers.

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

Retention of documents by Seanad returning officer.

26. The Seanad returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the electoral roll, 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.

27. No person shall be allowed to inspect any of the said sealed packets retained by the Seanad 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.

28. 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 he 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.

29. The Seanad 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 Seanad returning officer.

30. Where an order is made by an election tribunal for the production by the Seanad returning officer of any document or packet of documents in his possession relating to a specified election, the production by the Seanad 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 Seanad 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.

31. The production by the Seanad 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 electoral roll relating to such election was the same as the number so marked on such counterfoil.

Endorsement of packets by Seanad returning officer.

32. Whenever the Seanad 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.

Election tribunal.

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

SECOND SCHEDULE. The Counting of the Votes. Rejection of invalid ballot papers.

The Counting of the Votes.

Rejection of invalid ballot papers.

1. The Seanad returning officer shall reject any ballot papers that are invalid.

The order of preferences.

2. The Seanad returning officer shall then ascertain the number of first preferences recorded on the ballot papers for each candidate, and shall then arrange the candidates on a list (hereinafter called “the order of preferences”) in the order of the number of first preferences recorded for each candidate, beginning with the candidate for whom the greatest number of first preferences is recorded. If the number of first preferences recorded for any two or more candidates (hereinafter called “equal candidates”) is equal, the Seanad returning officer shall ascertain the number of second preferences recorded on all the ballot papers for each of the equal candidates, and shall arrange the equal candidates as amongst themselves on the order of preferences in the order of the second preferences recorded for each such candidate, beginning with the candidate for whom the greatest number of second preferences is recorded. If the number of first and second preferences recorded for any two or more equal candidates is equal, the Seanad returning officer shall, in like manner, ascertain the number of third preferences recorded on all the ballot papers for each of such last-mentioned equal candidates, and arrange such candidates on the order of preferences accordingly, and so on until all the candidates are arranged in order on the order of preferences. If the number of first, second, third, and all other preferences recorded for any two or more equal candidates is equal the Seanad returning officer shall determine by lot the order in which such candidates are to be arranged on the order of preferences.

Arrangement of ballot papers in parcels.

3. The Seanad returning officer shall then arrange the valid ballot papers in parcels, according to the first preferences recorded for each candidate.

Value of each ballot paper.

4. For the purpose of facilitating the processes prescribed by these Rules, each valid ballot paper shall be deemed to be of the value of one thousand.

Crediting values of first preferences.

5. The Seanad returning officer shall then count the number of ballot papers in each parcel, and in accordance with the preceding Rule credit each candidate with the value of the valid ballot papers on which a first preference has been recorded for such candidate.

Ascertainment of quota.

6. The Seanad returning officer shall then add together the values in all the parcels and divide the full total value 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 value sufficient to secure the return of a candidate. This value is in this Schedule called the “quota”.

Candidates with quota deemed elected.

7. If, at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidate or a candidate deemed not to be a continuing candidate, the value credited to a candidate is equal to or greater than the quota, that candidate shall, subject to the provisions of the subsequent Rules, be deemed to be elected.

Candidates on same sub-panel with quota.

8. (1) If at the end of a count the value credited to one or more candidates is equal to or greater than the quota and such candidates (if more than one) are on the same sub-panel and the number of vacancies then remaining to be filled from that sub-panel is equal to the number of candidates so credited, all such, candidates shall be deemed to be elected, and the papers of the remaining candidates (if any) on the said sub-panel shall, before any other candidate is excluded or the surplus of any other candidate is transferred, be transferred in accordance with the provisions of these Rules relating to the exclusion of candidates, save that the papers of the candidate credited with the greatest value shall be transferred first and so on, and thereupon such remaining candidates shall for the purpose of these Rules be deemed not to be continuing candidates.

(2) If at the end of a count the number of candidates on a sub-panel credited with a value greater than or equal to the quota is greater than the number of vacancies then remaining to be filled from such sub-panel, only such number of those candidates as is equal to the said number of vacancies shall be deemed to be elected. The candidates who are so to be deemed to be elected shall be the candidates who have the largest surpluses. If two or more of such candidates have each an equal surplus the candidate credited with the greatest value at the earliest count at which the values credited to those candidates were unequal, or (where the values so credited were equal at all counts) the candidate who is highest in the order of preferences, shall be deemed to be elected. The remaining candidates on the said sub-panel shall be deemed not to be continuing candidates and their papers shall, before any other candidate is excluded or the surplus of any other candidate is transferred, be transferred (whether the values credited to them respectively are greater, equal to, or less than the quota) in the same manner as the papers of an excluded candidate are required to be transferred under these Rules save that the papers of the candidate credited with the greatest value shall be transferred first and so on.

(3) A candidate credited with a value equal to the quota shall be deemed, for the purpose of this Rule, to have a surplus.

(4) If at the conclusion of any count two or more candidates are by these Rules required to be deemed not to be continuing candidates, and such candidates are not all on the same sub-panel, the papers of the candidate then credited with the greatest value shall be transferred first. If two or more of such candidates are credited with the same value the papers of the candidate credited with the greatest value at the earliest count at which the values credited to them were unequal, or (where the values so credited were equal at all counts) the candidate who is highest in the order of preferences shall be first transferred.

Transfer of surplus.

9. If at the end of any count the value credited to a candidate (in this Rule referred to as the elected candidate) is greater than the quota, the surplus shall be transferred to the continuing candidate or candidates indicated on the voting papers in the parcel or sub-parcel of the elected candidate according to the next available preferences recorded thereon, and the following provisions shall apply to the making of such transfer, that is to say:—

(a) if the value credited to the elected candidate arises out of original votes only, the Seanad returning officer shall examine all the ballot papers in the parcel of the elected candidate and shall arrange the transferable papers therein in sub-parcels according to the next available preferences recorded thereon and shall make a separate sub-parcel of the non-transferable papers;

(b) if the value credited to the elected candidate arises partly out of original and partly out of transferred votes or out of transferred votes only, the Seanad returning officer shall examine the ballot 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 and shall make a separate sub-parcel of the non-transferable papers;

(c) in either of the cases referred to in the foregoing paragraphs (a) and (b) the Seanad returning officer shall ascertain the number of ballot papers and their total value in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers;

(d) if the total value of the papers in all the sub-parcels of transferable papers is equal to or less than the said surplus, the Seanad returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, each paper being transferred at the value at which it was received by the elected candidate, and (where the said total value is less than the said surplus) the non-transferable papers shall be set aside as not effective, at a value which is equal to the difference between the said surplus and the said total value;

(e) if the total value of the papers in all the sub-parcels of transferable papers is greater than the said surplus the Seanad returning officer shall transfer each paper in such sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of transferable papers, fractional remainders being disregarded except that the consequential loss of value shall be noted on the result sheet;

(f) a surplus which arises on the completion of any count shall be dealt with before a surplus which arises at a subsequent count;

(g) when two or more surpluses arise out of the same count the largest shall be first dealt with and the others shall be dealt with in the order of their magnitude;

(h) if two or more candidates have an equal surplus arising out of the same count, the surplus of the candidate credited with the greatest value at the earliest count at which the values credited to those candidates were unequal shall be first dealt with, and where the values credited to such candidates were equal at all counts, the Seanad returning officer shall deal first with the surplus of the candidate who is highest in the order of preferences.

Exclusion of candidates.

10. If at the end of any count no candidate has a surplus and one or more vacancies remain unfilled, the Seanad returning officer shall exclude the candidate (in this Rule referred to as the excluded candidate) then credited with the lowest value and shall transfer his papers to the continuing candidates respectively indicated on the ballot papers in the parcel or sub-parcels of the excluded candidate as the voter's next available preference, and shall credit such continuing candidates with the value of the papers so transferred, and the following rules shall apply to the making of such transfer, that is to say:—

(a) the parcel containing original votes shall first be transferred, the transfer value of each paper being one thousand;

(b) the sub-parcels containing transferred votes shall then be transferred in the order in which and at the value of which the excluded candidate obtained them;

(c) for the purpose of determining whether a candidate is a continuing candidate the transfer of each parcel or sub-parcel shall be regarded as a separate count;

(d) in the transfer of each parcel or sub-parcel a separate sub-parcel shall be made of the non-transferable papers which shall be set aside at the value at which the excluded candidate obtained them;

(e) if when a candidate has to be excluded under this Rule, two or more candidates are each then credited with the same value and are lowest regard shall be had to the total value of original votes credited to each of those candidates and the candidate with the smallest such total value shall be excluded, and where such total values are equal regard shall be had to the total value of votes credited to each of those candidates at the earliest count at which they had unequal values, and the candidate with the smallest such total value at that count shall be excluded, and if those candidates were each credited with the same total value of votes at all counts that one of those candidates who is lowest in the order of preferences shall be excluded;

(f) if the number of continuing candidates on a sub-panel is equal to the number of vacancies remaining to be filled from such sub-panel, this Rule shall cease to apply in respect of such continuing candidates.

Disposal of papers on transfer.

11. On every transfer made under these Rules, each sub-parcel of papers transferred shall be placed on top of the parcel or sub-parcel (if any) of papers of the candidate to whom the transfer is made and that candidate shall be credited with the value ascertained in accordance with these Rules of the papers so transferred to him.

Equality of vacancies and candidates.

12. If, when there is no surplus to be transferred and, by reason of the number of candidates already excluded, the number of vacancies remaining to be filled from each sub-panel is equal to the number of continuing candidates on such sub-panels respectively, all such continuing candidates shall thereupon be deemed to be elected.

Result sheet.

13. At the end of every count the Seanad returning officer shall record on a result sheet in the prescribed form the total of the values credited to each candidate at the end of that count and also the value of the non-transferable papers not effective on that count and the loss of value on that count owing to disregard of fractions.

Precautions for preservation of secrecy.

14. While the votes are being counted the ballot papers shall so far as it is practicable be kept face upwards and all proper precautions shall be taken by the Seanad returning officer for preventing the numbers on the backs of the ballot papers being seen.

Definitions.

15. 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 subsequent preference is recorded in numerical order for a continuing candidate;

(5) the expression “non-transferable paper” means a ballot paper—

(a) on which no second or subsequent preference is recorded for a continuing candidate; or

(b) on which 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

(c) on which the name of the candidate next in order of preference (whether continuing or not) is marked by a number not following consecutively after some other number on the voting paper or by two or more numbers, or

(d) which 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 by which the total value of the votes, original and transferred, credited to any candidate exceeds the quota;

(9) the expression “count” means (as the context may require) either—

(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 a selected candidate; or

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

(d) the transfer in pursuance of these Rules of the papers of a candidate deemed not to be a continuing candidate.

(10) the expression “deemed to be elected” means deemed to be elected for the purpose of counting, but without prejudice to the declaration of the result of the election;

(11) the expression “determine by lot” means determine in accordance with the following directions, that is to say:—

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 candidates concerned shall as amongst themselves be arranged on the order of preferences in the order in which the slips containing their names are drawn, beginning with the candidate whose name is on the slip drawn first.