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}-is the Electoral Code required by the Suffrage a
nd Elections Amendment to the Constitution{z any l
aw with respect to elections which is not containe
d in the Constitution or this Code (as amended by
the National Assembly from time to time ) is void
and of no effect.{{br{}{L{I{{br{}{L{I1.2 This Code
}=123
}-3
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}-1.4 A Province may by provincial legislation ado
pt this Code insofar as it does not apply to that
Province.{{br{}{L{I{{br{}{L{I
}=5440
}-Single Transferable Vote Definitions{{br{}{L{I{{
br{}{L{I11.1 .1 'continuing candidate' means (in r
elation to any stage of the count) a candidate who
has not been elected or excluded{z{{br{}{L{I{{br
{}{L{I11.1.2 'exhausted vote' means a ballot which
does not show a next available preference for a c
ontinuing candidate{z{{br{}{L{I{{br{}{L{I11.1.3 'n
ext available preference' means the next preferenc
e on a ballot for a continuing candidate {z{{br{}
{L{I{{br{}{L{I11.1.4 'primary vote' means (in rela
tion to a candidate) a ballot showing that candida
te as first preference{z{{br{}{L{I{{br{}{L{I11.1.5
'reaches the threshold' means achieves a total vo
te equal to or greater than the threshold{z{{br{}
{L{I{{br{}{L{I11.1.6 'surplus' means the differenc
e between the total vote of a candidate at the sta
ge of the count when they are elected and the thre
shold{z{{br{}{L{I{{br{}{L{I11.1.7 'tabulator' mean
s the Electoral Commissioner or an expert tabulato
r{z{{br{}{L{I{{br{}{L{I11.1.8 'transferred vote' m
eans (in relation a candidate) a ballot showing th
at candidate as second or subsequent preference pr
eference{z{{br{}{L{I{{br{}{L{I11.1.9 'trailing can
didate' means the candidate who (in relation to an
y stage of the count) has the smallest number of v
otes{z{{br{}{L{I{{br{}{L{ICalculations{{br{}{L{I{{
br{}{L{I11.2 Any calculation under this Section is
to be rounded to 2 decimal places.{{br{}{L{I{{br
{}{L{IHow to begin{{br{}{L{I{{br{}{L{I11.3 The tab
ulator must first count the primary votes for each
candidate and calculate the threshold.{{br{}{L{I
{{br{}{L{IHow to calculate the threshold{{br{}{L{I
{{br{}{L{I11.4 The tabulator must calculate the th
reshold of votes required for election by dividing
the total number of votes cast by one more than t
he number of seats and increasing the result to th
e next highest whole number.{{br{}{L{I{{br{}{L{IHo
w to elect a candidate{{br{}{L{I{{br{}{L{I11.5 If
(at any stage of the count) any candidate reaches
the threshold that candidate is elected, but if 2
or more candidates are elected, the tabulator must
declare elected the candidate who was leading at
the last stage of the count when the leading candi
dates were not tied, and if the leading candidates
were tied at all stages of the count the matter m
ust be determined by lot.{{br{}{L{I{{br{}{L{IHow t
o transfer a surplus{{br{}{L{I{{br{}{L{I11.6 If (a
t any stage of the count) a candidate is elected a
nd their total vote is greater than the threshold
their surplus must be transferred to the continuin
g candidates according to the next available prefe
rence shown on each ballot.{{br{}{L{I{{br{}{L{I11.
6.1 The tabulator shall transfer only those ballot
s received by an elected candidate at the count or
transfer which caused them to reach the threshold
.{{br{}{L{I{{br{}{L{I11.6.2 The tabulator must fir
st count the transferable votes according to the n
ext available preference shown on each ballot and
set aside the exhausted votes.{{br{}{L{I{{br{}{L{I
11.6.3 The tabulator must then calculate a transfe
r value by dividing the surplus by the number of t
ransferable votes and reducing the result (if grea
ter than 1) to 1.{{br{}{L{I{{br{}{L{I11.6.4 The ta
bulator must then transfer the product of the numb
er of votes and the transfer value to each continu
ing candidate.{{br{}{L{I{{br{}{L{I11.6.5 If (at an
y stage of the count) 2 or more surpluses arise th
e larger or largest surplus must be transferred fi
rst, but if it is necessary to decide which of 2 o
r more equal surpluses is to be transferred, the t
abulator must transfer the surplus of the elected
candidate who was leading at the last stage of the
count when the elected candidates were not tied,
and if the elected candidates were tied at all sta
ges of the count the matter must be determined by
lot.{{br{}{L{I{{br{}{L{I11.6.6 A surplus arising a
t an earlier stage of the count must be transferre
d before a surplus arising at a later stage of the
count.{{br{}{L{I{{br{}{L{IHow to exclude a candid
ate{{br{}{L{I{{br{}{L{I11.7. If (at any stage of t
he count) all surpluses have been transferred and
no candidate has reached the threshold, the tabula
tor must then exclude the trailing candidate, but
if it is necessary to decide which of 2 or more eq
ual candidates is to be excluded, the tabulator mu
st exclude the candidate who was trailing at the l
ast stage of the count when the trailing candidate
s were not tied, and if the trailing candidates we
re tied at all stages of the count the matter must
be determined by lot.{{br{}{L{I{{br{}{L{I11.7.1 E
ach ballot received by an excluded candidate must
be transferred at the value at which it was receiv
ed by that candidate according to the next availab
le preference.{{br{}{L{I{{br{}{L{I11.7.2 The next
trailing candidate must be excluded after each tra
nsfer under this Section until such time as anothe
r candidate is elected.{{br{}{L{I{{br{}{L{IHow to
complete the election{{br{}{L{I{{br{}{L{I11.8. The
process of transferring the surplus of the next e
lected candidate or excluding the next trailing ca
ndidate must continue until:{{br{}{L{I{{br{}{L{I11
.8.1 the number of elected candidates is equal to
the number of seats to be filled{z{{br{}{L{I{{br{}
{L{I11.8.2 the number of continuing candidates is
equal to the number of seats still to be filled, w
hen the continuing candidates are elected{z or{{br
{}{L{I{{br{}{L{I11.8.3 there is one continuing can
didate with an absolute majority of the votes and
only one seat remains to be filled.{{br{}{L{I{{br
{}{L{I11.8.4 If, in a presidential election, no ca
ndidate achieves a quota there must be a runoff el
ection 7 days later between the between the 2 cand
idates who are leading when the count is finished.
}+
711.1 The quota for each election under this code must be calculated by dividing the total number of first preference votes for all candidates by 1 more than the number of vacancies to be filled and by increasing the result to the next highest whole number.{{br{}{L{I{{br{}{L{I711.2 Subject to S711.1, any manual count for an election under this Code must be conducted, mutatis mutandis, according to Part 2 of Schedule 6 to the Constitution Act 1902 of New South Wales. The schedule is available at http://www.austlii.edu.au/au/legis/nsw/consol_act/ca1902188/sch6.html
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