(4) The surplus votes of any candidate elected under this rule who has received more than the quota shall be distributed in the manner directed by and subject to the conditions of the last preceding rule.

_Further distributions_.

8. The process directed by the last rule shall be repeated on the successive exclusions one after another of the candidates with the lowest numbers of votes until the last vacancy is filled either by the election of a candidate with the quota or under the next following rule.

_Filling the last vacancy_.

9.--(1) When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared 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 votes not transferred, that candidate shall be declared elected.

(3) When more than one vacancy remains unfilled and the votes of the candidate, who, if all the vacancies were filled by the successive elections of the continuing candidates with the largest numbers of votes, would be the last to be elected, exceed the total of all the votes of the continuing candidates with fewer votes than himself together with any surplus votes not transferred, that candidate and all the other continuing candidates who have not less votes than himself shall be declared elected.

(4) When only one vacancy remains unfilled and there are only two continuing candidates, and those two candidates have each the same number of votes and no surplus votes remain capable of transfer, one candidate shall be declared excluded under the next following rule and the other declared elected.

_Provisions for exclusion of candidates in special cases._

10. If at any time when a candidate has to be excluded under these rules two or more candidates have each the same number of votes, regard shall be had to the number of votes counted to each candidate under Rule 1, and the candidate lowest on that count shall be excluded, but, if the numbers of votes on that count were equal, the returning officer shall decide which candidate shall be excluded.

_Public notice of transfers._

11. The returning officer shall record and give public notice of any transfer of votes made under these rules and of the total number of votes counted to each candidate after any such transfer in addition to the particulars prescribed by Rule 45 to the First Schedule to the Ballot Act, 1872. Such public notice may be in accordance with the form given in the appendix to these rules.

_Recounts._

12.--(1) Any candidate or his agent may at any time during the counting of the votes, either before the commencement or after the completion of the transfer of the votes (whether surplus or otherwise) of any candidate, request the returning officer to recount the papers then comprised in the parcels of all or any candidates (not being papers set aside as finally dealt with) and the returning officer shall forthwith recount the same accordingly. The returning officer may also at his discretion recount votes either once or more often in any case in which he is not satisfied as to the accuracy of any previous count. Provided that nothing herein shall make it obligatory on the returning officer to recount the same votes more than once.

(2) If upon an election pet.i.tion--

(i) any ballot papers counted by the returning officer are rejected as invalid,

or

(ii) any ballot papers rejected by the returning officer are declared valid,

the court may direct the whole or any part of the ballot papers to be recounted and the result of the election ascertained in accordance with these rules.

(3) Except as in this rule expressly provided, no recount shall be had whether on an election pet.i.tion or otherwise.

_Determination of questions as to transfers.

13.--(1) If any question shall arise in relation to any transfer, the decision of the returning officer, whether expressed or implied by his acts, shall be final unless an objection is made 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 pet.i.tion.

(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 shall direct what transfer is to be made in place thereof, and shall cause the subsequent operations to be carried out and the result of the election to be ascertained in accordance with these rules.

_Definitions_.

14. In these rules--

(1) The expression "votes capable of transfer" means votes given on ballot papers on which a further preference is indicated for a continuing candidate. Provided that a vote shall be deemed not capable of transfer in any case in which--

(a) The names of two or more candidates (whether already excluded from the poll or declared elected or not) are marked with the same figure and are next in order of preference, or

(b) The name of the candidate to whom the transfer is to be made or of some candidate (whether continuing or not) higher in the order of the voters' preference is marked

(i) by a figure not following consecutively after some other figure on the ballot paper, or

(ii) by two or more figures.

(2) The expression "continuing candidates" means candidates not already declared elected or excluded from the poll.

APPENDIX TO SCHEDULE

EXAMPLE OF AN ELECTION CONDUCTED ON THE SYSTEM OF PROPORTIONAL REPRESENTATION SET OUT ABOVE

Let it be a.s.sumed that there are five members to be elected, and that there are ten candidates.

The valid papers are drawn from the general heap of ballot papers and arranged in separate parcels under the names of the candidates marked with the figure 1. (Rule 1.)

Each separate parcel is counted (Rule 1) and the total of all the valid votes is ascertained (Rule 2). It is found that the total of all the valid votes is 6000.

This total is divided by six (_i.e._ the number which exceeds by one the number of vacancies to be filled), and 1001 (_i.e._ the quotient 1000 increased by one) is the number of votes sufficient to elect a member, and is called the "quota" (Rule 2).

The result of the count may be supposed to be as follows:--

A 2,009 Elected B 952 C 939 D 746 E 493 F 341 G 157 H 152 I 118 K 93 ----- 6,000

A's votes exceed the quota and he is declared elected (Rule 3).

_First Transfer_.

It now becomes necessary to transfer A's surplus votes (Rule 4 (1)). A has in fact (2009 less 1001 or) 1008 surplus votes. All A's 2009 voting papers are examined and arranged in separate sub-parcels according to the second preferences indicated thereon (Rule 4 (1) (_a_)). A separate sub-parcel is also formed of those papers on which no second preference is shown, and which are therefore not capable of transfer. (Rule 4 (1) (_b_).) The result is found to be as follows. (Rule 4 (1) (_c_).)

A second preference is shown for G on 1,708 papers " " " D " 257 "

" " " E " 11 "

" " " F " 28 "

----- Total of votes capable of transfer 2,004 "

No second preference is shown on 5 "

----- Total of A's votes 2,009

The total number of votes to be transferred is 1008, and it is necessary that they should be taken from the several sub-parcels in the proportions which the latter bear to all the votes capable of transfer; that is, there must be transferred, _e.g.,_ to G a number of votes bearing the same proportion to 1008, the total to be transferred, as 1708, the number of votes in G's sub-parcel, bears to 2004, the total of votes capable of transfer. In other words the number of the ballot papers on which each candidate is next preference must be multiplied by a fraction of which the surplus is the numerator and the total of votes capable of transfer the denominator, in order to ascertain the number of votes to be transferred to the candidate in question. In making the transfers fractions of votes are neglected (Rule 4 (1) ( e) and (f)).

The process is as follows:--

To G there are to be transferred 1,708 x 1,008 / 2,004 = 589 votes

" D " " " 257 x 1,008 / 2,004 = 129 "