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Interpretation (Part XIX). 118. —(1) In this Part—
"continuing candidate" means any candidate not deemed to be elected
and not excluded;
"count" means—
( a ) all the operations involved in the counting of the first preferences recorded
for candidates;
( b ) all the operations involved in the transfer of the surplus of a candidate
deemed to be elected;
( c ) all the operations involved in the transfer of the votes of an excluded
candidate; or
( d ) all the operations involved in the transfer of the votes of two or more
candidates together;
"deemed to be elected" means deemed to be elected for the purpose of
the counting of the votes but without prejudice to the declaration of the result
of the poll;
"determine by lot" means determine in accordance with the following
directions, namely, 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,
and, in cases of equality of fractions, the fraction relating to the candidate
whose name is first drawn shall be deemed to be the largest;
"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 candidates or not)
are marked with marks which, in the opinion of the returning officer, indicate
the same order of preference and are next in order of preference; or
( b ) the name of the candidate next in order of preference (whether a continuing
candidate or not) is marked with a mark which, in the opinion of the returning
officer, does not follow consecutively after some other mark on the ballot paper,
or with two or more marks; or
( c ) it is void for uncertainty;
"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;
"preference" shall be interpreted as follows—
( a ) "first preference" means any mark which, in the opinion of the
returning officer, clearly indicates a first preference;
"second preference" means any mark which, in the opinion of the returning
officer, clearly indicates a second preference standing in succession to a first
preference;
"third preference" means any mark which, in the opinion of the returning
officer, clearly indicates a third preference standing in succession to a second
preference and so on;
( b ) "next available preference" means a preference which, in the opinion
of the returning officer, is a second or subsequent preference recorded in consecutive
order for a continuing candidate, the preferences next in order on the ballot
paper for candidates already deemed to be elected or excluded being disregarded;
"surplus" means the number of votes by which the total number of the
votes, original and transferred, credited to any candidate, exceeds the quota;
"transferable paper" means a ballot paper on which, following a first
preference, a second or subsequent preference is recorded in consecutive numerical
order for a continuing candidate;
"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.
(2) Any ballot paper—
( a ) which does not bear the official mark; or
( b ) on which the figure 1 standing alone, or the word "one" or any
other mark which, in the opinion of the returning officer, clearly indicates a
first preference, is not placed at all or is not so placed as to indicate a first
preference for some candidate; or
( c ) on which the figure 1 standing alone indicating a first preference, or the
word "one" or any other mark which, in the opinion of the returning
officer, clearly indicates a first preference, is set opposite the name of more
than one candidate; or
( d ) on which anything is written or marked which, in the opinion of the returning
officer, is calculated to identify the elector;
shall be invalid and not counted, but the ballot paper shall not be invalid by
reason only of carrying the words "one", "two", "three"
(and so on) or any other mark which, in the opinion of the returning officer,
clearly indicates a preference or preferences.
(3) The returning officer shall endorse "rejected" on any ballot paper
which under this section is not to be counted. The returning officer shall prepare
a statement in such form as may be directed by the Minister showing the number
of ballot papers rejected by him under each of the paragraphs (a), (b), (c) and
(d) of subsection (2) and shall, on request, allow any candidate or agent of a
candidate to copy such statement.
(4) The returning officer may endorse on any ballot paper which he does not reject
as invalid an indication of his decision on it without, however, interfering with
any mark placed by the elector on the ballot paper.
First count.
119. —(1) After the ballot papers have been mixed in accordance with
section 114 the returning officer shall, rejecting any that are invalid, arrange
them 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 number of all valid papers.
The quota.
120. —(1) The returning officer shall then divide the 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 election of a candidate and this
number is referred to in this Act as "the quota".
(2) Where 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.
Transfer of surplus.
121. —(1) Where 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 and subject to the provisions of this section to the continuing
candidate or candidates indicated on the ballot papers in the parcel or sub-parcel
of the candidate deemed to be elected according to the next available preferences
recorded thereon.
(2) Where the votes credited to a candidate deemed to be elected whose surplus
is to be transferred consist of original votes only, the returning officer shall
examine all the papers in the parcel of that candidate and shall arrange the transferable
papers in sub-parcels according to the next available preferences recorded thereon.
(3) Where the votes credited to a candidate deemed to be elected whose surplus
is to be transferred 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 that candidate and shall arrange the transferable papers therein
in further sub-parcels according to the next available preferences recorded thereon.
(4) In either of the cases referred to in subsections (2) and (3) the returning
officer shall make a separate sub-parcel of the nontransferable papers and shall
ascertain the number of papers in each sub-parcel of transferable papers and in
the sub-parcel of nontransferable papers.
(5) Where—
( a ) the surplus is equal to 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,
( b ) the surplus is greater than the total number of papers in the sub-parcels
of transferable papers, the returning officer shall proceed as specified in paragraph
(a) and shall in addition make a sub-parcel of a number of non-transferable papers
equal to the difference between such total number and the surplus and set the
papers therein aside as finally dealt with, such papers being, for the purposes
of section 127 (1), described as non-transferable papers not effective,
and the non-transferable papers or the remaining non-transferable papers, as the
case may be, also arranged as a sub-parcel shall be placed with the papers of
the candidate deemed to be elected.
(6) Where the surplus is less than the total number of transferable papers the
following provisions shall apply:
( a ) 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,
( c ) a note shall be made of the fractions (which may be expressed in decimal
form), if any, in each quotient ascertained in respect of each candidate in accordance
with paragraph (b) and 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 disregarded,
( d ) where two or more fractions are of equal magnitude, and it is not possible
for the purposes of paragraph (c) to reckon all of the said fractions as of the
value of unity, 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, that fraction
shall be deemed to be the largest which relates to the candidate credited with
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 were credited with an unequal number of votes,
and the fraction relating to the candidate credited 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.
(7) The 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 to indicate the
number of the count at which the transfer took place.
(8) The returning officer need not necessarily transfer the surplus of a candidate
deemed to be elected whenever that surplus, together with any other surplus not
transferred, is less than both the difference between the quota and the number
of votes credited to the highest continuing candidate and the difference between
the numbers of the votes credited to the two lowest continuing candidates and
either—
( a ) the number of votes credited to the lowest candidate is greater than one
quarter of the quota, or
( b ) the sum of the number of votes credited to the lowest candidate together
with that surplus and any other surplus not transferred is not greater than one
quarter of the quota.
(9) Where at any time there are two or more surpluses which are to be transferred,
the greater or greatest of such surpluses shall first be transferred and the remaining
surplus or surpluses shall then, subject to subsection (8), be transferred in
the order of their descending magnitude.
(10) Where two or more candidates have each an equal surplus arising from the
same count regard shall be had to the number of original votes credited to 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.
(11) Subject to subsections (8) and (9), where two or more candidates have a surplus
arising from different counts, a surplus which arises at the end of any count
shall be transferred before a surplus which arises at a subsequent count.
Exclusion of candidate.
122. —(1) If at any time no candidate has a surplus (or when under section
121 (8) an existing surplus is not transferred) and one or more vacancies remain
unfilled, the returning officer shall—
( a ) exclude the candidate credited with the lowest number of votes and examine
all the papers of that candidate;
( b ) arrange the transferable papers in sub-parcels according to the next available
preferences recorded thereon for continuing candidates and transfer each sub-parcel
to the candidate for whom the preference is recorded;
( c ) make a separate sub-parcel of the non-transferable papers and set them aside
as finally dealt with, such papers being, for the purposes of section 127 (1),
described as nontransferable papers not effective.
(2) Where 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 shall in one operation exclude
such two or more lowest candidates provided that—
( a ) the number of votes credited to the second lowest candidate is greater than
one quarter of the quota, or
( b ) where the number of votes credited to any one of such two or more lowest
candidates does not exceed one quarter of the quota, it is clear that the exclusion
of the candidates separately in accordance with subsection (1) and the transfer
of any untransferred surplus could not result in a number of votes exceeding one
quarter of the quota being credited to any such candidate.
(3) If, when a candidate has to be excluded under this section, 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 lowest number of original votes shall be excluded and where the numbers
of the original votes are equal, regard shall be had to the total 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.
Transfer of votes.
123. —(1) Where a transfer of votes is made under section 121 or 122,
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 of section 121 before any
other candidate is excluded.
Filling of last vacancies.
124. —(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 section no further transfer
of votes shall be made unless any of the continuing candidates has not been credited
with a number of votes exceeding one quarter of the quota and it is necessary
for the purposes of section 48 (1) (e) to make such transfer in order to establish
whether such a number of votes could be credited to him.
Recount.
125. —(1) Any candidate or the election agent of a candidate 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 re-examine and recount such papers accordingly 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. Nothing
in this subsection shall make it obligatory on the returning officer to re-examine
or recount the same parcel of papers more than once.
(2) The returning officer may 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. The power under this subsection of a returning officer to recount papers
shall extend to papers dealt with at an earlier count than the immediately preceding
one.
( 3 ) ( a ) As respects each candidate, one request (and not more) may be made
by him or his election agent for a complete re-examination and recount of all
parcels of ballot papers and the returning officer shall re-examine and recount
the parcels of ballot papers accordingly.
( b ) In the re-examination and recount, the number or order of ballot papers
in any parcel shall not be disturbed.
( c ) Nothing in the provisions of this subsection shall make it obligatory on
the returning officer to re-examine or recount the same parcel of papers more
than once, but if an error is discovered which is, in the opinion of the returning
officer, a significant error likely to affect the result of the election, the
returning officer shall count all the papers afresh from the point at which the
error occurred.
( d ) Nothing in this subsection shall make it obligatory on the returning officer
to comply with a request by a candidate or his election agent which, in the opinion
of the returning officer, is frivolous or vexatious.
( e ) A request under this subsection may be made only at the conclusion of a
count.
(4) Where an error is discovered, the returning officer shall, where necessary,
amend any results previously announced by him.
(5) Where a request made under subsection (3) is withdrawn by the candidate as
respects whom it is made or by the election agent of the said candidate, it shall
be open to the returning officer not to proceed, or proceed further with the re-examination
and recount.
Declaration of result of the poll.
126. —On the completion of the counting of the votes the returning officer
shall determine and declare the result of the poll and the candidates deemed to
be elected shall thereupon stand elected.
Notice of result of election.
127. —(1) The returning officer shall give public notice in the form
directed by the Minister of the names and descriptions of the candidates elected
and, in the case of a contested election, of the total number of votes given for
each candidate, whether elected or not, of any transfer of votes and of the total
number of votes credited to each candidate at the end of the count at which such
transfer took place.
(2) The returning officer shall send a copy of the notice referred to in subsection
(1) to the Minister and to each person elected and shall send a copy of the statement
referred to in section 114 (2) to the Minister.
Decision of returning officer.
128. —The decision of the returning officer, whether expressed or implied
by his acts, on any question which arises in relation to the exclusion of any
candidate under section 122 or to any ballot paper or transfer of votes shall
be final, subject only to reversal on a petition questioning the Dáil election.
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