Proportional Representation: A Study in Methods of Election Part 36

9.--(a) Where the number of votes obtained by a candidate is raised up to or above the by any such transfer as aforesaid, he shall thereupon be declared elected. And in such case, notwithstanding the fact that he may have reached the quota, such transfer shall be completed, and all the votes to which he is ent.i.tled therefrom shall be transferred to him, but no other votes shall be transferred to him.

_If votes exactly equal to quota, voting papers to be set aside._

(b) Where the number of votes obtained by a candidate is raised up to, but not above, the quota by any such transfer as aforesaid, the whole of the voting papers on which such votes are recorded shall be set aside as finally dealt with.

_If surplus created, surplus to be transferred._

(c) Where the number of votes obtained by a candidate is raised above the quota by any such transfer as aforesaid, his surplus shall be transferred to the candidates next in the order of the voters'

respective preferences in the same manner as is directed in Rule 7, Clause (c): Provided that such surplus shall not be dealt with until all the votes of the excluded candidate have been transferred.

_Surpluses to be dealt with before further exclusion._

(d) Where any surplus exists it shall be dealt with before any other candidate is excluded.

_Process of exclusion to be repeated until there remain number of candidates required._

10. The same process of excluding the candidate lowest on the poll and transferring to other candidates his votes shall be repeated until all the candidates, except the number required to be elected, have been excluded, and the unexcluded candidates, who have not already been so declared, shall then be declared elected.

_If lowest candidates equal last, difference to decide._

11. Where at any time it becomes necessary to exclude a candidate, and two or more candidates have the same number of votes and are lowest on the poll, then whichever of such candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if such candidates have had an equal number of votes at all preceding counts or transfers, the returning officer shall decide which candidate shall be first excluded.

_If a candidate elected or excluded, his name not considered on voting paper._

12. In determining what candidate is next in the order of the voter's preference, any candidates who have been declared elected or who have been excluded shall not be considered, and the order of the voter's preference shall be determined as if the names of such candidates had not been on the voting paper.

_Exhausted votes._

13. Where on any transfer it is found that on any voting paper there is no candidate opposite whose name a number is placed, other than those who have been already either declared elected or excluded, such voting paper shall be set aside as exhausted.

APPENDIX IX

THE SINGLE TRANSFERABLE VOTE

REGULATIONS FOR THE ELECTION OF SENATORS UNDER THE SOUTH AFRICA ACT, 1909

I. In these Regulations:--

(1) "_Continuing Candidates_" mean candidates not elected or not excluded from the poll at any given time.

(2) "_First Preference_" means the figure 1 set opposite the name of any candidate; "second preference" similarly means the figure 2; "third preference" the figure 3, and so on.

(3) "_Unexhausted papers_" mean ballot papers on which a further preference is recorded for a continuing candidate.

(4) "_Exhausted papers_" mean ballot papers on which no further preference is recorded for a continuing candidate, provided that a paper shall also be deemed to be exhausted in any case in which--

(_a_) The names of two or more candidates, whether continuing or not, are marked with the same figure 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 figure not following consecutively after some other figure on the ballot paper, or

(ii) By two or more figures.[1] (5) "_Original Votes_" in regard to any candidate mean the votes derived from ballot papers on which a first preference is recorded for such candidate.

(6) "_Transferred Votes_" in regard to any candidate mean votes, the value or part of the value of which is credited to such candidate and which are derived from ballot papers on which a second or subsequent preference is recorded for such candidate.

(7) "_Surplus_" means the number by which the value of the votes of any candidate, original and transferred, exceeds the quota.

II. (1) The Governor in Council shall by Proclamation fix a date on or before which every candidate for election shall be nominated by two members of the Legislature in writing addressed to the Clerk of the Legislative a.s.sembly. Such nomination shall contain the candidate's full name and address, shall be signed by two members of the Legislature, and shall be accepted in writing by the candidate.

A nomination paper may include any number of names not exceeding eight, but no member shall sign more than one nomination paper, and no candidate shall sign a nomination paper on which his name appears. The Clerk of the Legislative a.s.sembly shall, after consultation with the a.s.sessors hereinafter referred to, reject all nominations not made in accordance with these regulations.

(2) Immediately after the date fixed for receiving nominations the Clerk of the Legislative a.s.sembly shall make a return to the Governor in Council showing the names and addresses of the candidates who have been duly nominated, together with the names of the members who have nominated them. He shall at the same time certify that such nominations have been duly made in accordance with these regulations, and forward to the Governor-in-Council the certificate by the a.s.sessors mentioned in Regulation IV. (2).

In case of disagreement between the Clerk of the Legislative a.s.sembly and the a.s.sessors, the Speaker of the Legislative a.s.sembly shall, at the request of the Governor-in-Council, inspect the nomination papers, and his decision on the point at issue shall be final.

(3) If the number of nominations received is less than the number of vacancies to be filled, the Governor-in-Council shall by Proclamation call for further nominations to be made on or before a date to be fixed therein. If the number of nominations received on the original date, or such further date as may be fixed, is equal to the number of vacancies to be filled, the Governor-in-Council shall by Proclamation declare the candidates so nominated to be duly elected.

(4) If the number of candidates nominated as aforesaid exceeds the number of vacancies to be filled, the Governor-in-Council shall by Proclamation summon a joint sitting of both Houses of the Legislature for the purpose of electing candidates to fill the vacancies in the manner prescribed in these regulations. Such sitting shall be continued for a period to be fixed in the Proclamation, not being less than two hours, and no member shall be allowed to vote except during the continuation of such sitting. Provided, however, that if all the members of the Legislature have voted before the expiration of the said period of two hours, the Speaker may close the sitting.

III. Each member of the Legislature present shall vote in person, and no voting by proxy shall be permitted.

IV. (1) The Clerk of the Legislative a.s.sembly shall act as returning officer and shall, subject to these rules, do all things necessary for the conduct of the election.

(2) Two a.s.sessors, not being Members of Parliament, shall be nominated, one by the President of the Legislative Council and one by the Speaker of the Legislative a.s.sembly, who shall a.s.sist and advise the returning officer in his duties, both in respect, of the receiving of nominations and the conduct of the election. Immediately after the date fixed for the receipt of nominations the a.s.sessors shall furnish the returning officer, for transmission to the Governor-in-Council, with a certificate stating whether or not they are satisfied that the nominations have been received in accordance with these regulations. Further, if either of the a.s.sessors is for any reason dissatisfied with the conduct of the election he shall report his opinion, with the reasons therefor, in writing to the President of the Legislative Council and the Speaker of the Legislative a.s.sembly, who, after consultation, may if they consider it necessary, order a recount to be made, and the returning officer shall act accordingly.

(3) Before entering on their duties the returning officer and the a.s.sessors shall be required to make oath or affirmation before the Speaker that they will faithfully and impartially discharge the duties of their offices according to the rules laid down herein, or such other rules as may be lawfully made.

(4) The returning officer shall furnish the Governor-in-Council with the names of the persons elected, and shall make to the President of the Legislative Council and the Speaker of the Legislative a.s.sembly a complete return signed by himself showing the various steps of the election, and the result of the election. He shall also transmit to the Speaker of the Legislative a.s.sembly a sealed packet containing the nominations, the actual ballot papers and the counterfoils, which shall be preserved for a period of at least twelve months. The Governor-in-Council shall notify by Proclamation the names of the persons duly elected.

V. (1) The voting shall be by ballot. The returning officer shall ascertain that the person desiring to vote is ent.i.tled to vote and shall enter his name upon the counterfoil in the ballot paper book, and shall then tear out the ballot paper corresponding to that counterfoil, and, having stamped the ballot paper with a perforating stamp provided for the purpose, shall hand it to the member. Every ballot paper shall contain the names and addresses of all the candidates duly nominated for election, printed in alphabetical order, in the form prescribed in the annexure hereto.

(2) When the member has received a ballot paper he shall take the paper to a compartment and desk provided for the purpose and signify in manner provided by the next succeeding section for whom he desires to vote. The member shall then fold the ballot paper so that the perforated mark may be visible, and having held up the ballot paper so that the returning officer can recognize the perforated mark, shall drop the ballot paper in the ballot box placed in front of the returning officer.

(3) If a member inadvertently spoils a ballot paper he may return it to the returning officer, who shall, if satisfied of such inadvertence, give him another paper and retain the spoiled paper, and this spoiled paper shall be immediately cancelled, and the fact of such cancellation shall be noted upon the counterfoil.

VI. Every member shall have one vote only. A member in giving his vote

(_a_) Must place on his ballot paper the figure 1 in the square opposite the name of the candidate, for whom he votes;

(_b_) May in addition place on his ballot paper the figure 2, or the figures 2 and 3, or 2, 3 and 4, and so on, in the squares opposite the names of other candidates in the order of his preference.

VII. A ballot paper shall be invalid

(_a_) Upon which a member signs his name or writes any word, or makes any mark by which it becomes recognizable; or

(_b_) Which does not bear the perforated mark; or