1. These regulations may be cited as the General Elections (Sorting of Ballot Papers, Casual Elections and Co-options) Regulations, 1991.

2. In these regulations unless the context otherwise requires --

(1) The expression "continuing candidate" means any candidate not elected and not excluded from the poll.

(2) The expression "first preference" means the figure " 1 " standing along opposite the name of a candidate; the expression "second preference" means the figure "2" standing along opposite the name of a candidate; and the expression "third preference" means the figure "2" standing along opposite the name of a 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 preferences next in order on the ballot-paper for candidates already elected or excluded from the poll, 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 consecutive numerical order for a continuing candidate.

(5) The expression "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 nontransferable paper whenever:

(a) 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

((b) the name of the candidate next in order of preference (whether continuing or not) is marked -

(i) by a number not following consecutively after some other number on the ballot-paper; or

(ii) by two or more numbers; or

(c) for any other reason it cannot be determined with certainty for which of the continuing candidates the next available preference of the voter is recorded.

(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 of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quote.

(9) The expression "count" means

(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 an elected candidate; or

(c) All the operations involved in the transfer of the votes of an excluded candidate or of two or more candidates excluded together.

3. In any General election, after the stage referred to in Part XIV of the General Elections Act, 1991, the Commission shall cause the ballot papers to be sorted out into parcels according to their first preference recorded for each candidate, rejecting any that are invalid.

4. The sorting of ballot papers indicated in the previous regulation shall be carried out in the following manner --

(1) the supervisor for each counting table shall take the topmost bundle of ballot papers from each pigeon hole and, in full view of the candidates and agents, place the bundles on a rack to pass to the counters;

(2) when a parcel of ballot appears has been taken from each different pigeon hole and placed on the rack as provided in the previous subsection of this section, the supervisor shall pass to each counter one parcel at a time in order that the ballot papers may be sorted;

(3) the counters shall open each parcel with the ballot-papers and ascertain whether each paper is valid or invalid;

(4) if the counters decide that there is a possibility that for any reason according to the General Elections Act, 1991, a ballot-paper may be invalid or if any candidate or agent for the same reason so claims the counter shall place such ballot paper in a tray marked "dubious".

(5) If the ballot-paper is considered as valid the counter shall place the ballot-paper in a tray indicating the candidate to which the first preference has been given on that ballot paper.

5.(1) When a counter has so disposed of the parcel of ballot papers mentioned in the previous regulation he shall be given another parcel to sort in the same manner and so on and so forth until all the parcels on the rack have been counted.

(2) When all the parcels on the rack have been counted the supervisor shall take the next topmost parcel of ballot papers from each pigeon hole repeating the sorting process mentioned in regulation 4 and in paragraph (1) of this regulation and so on and so forth until all ballot-papers have, in phases, been removed from the pigeon holes, put on the rack and sorted.

6. (1) Whenever the supervisor in charge of the sorting of votes, of an electoral division determines that in the tray marked as "dubious" there are a sufficient number of ballot papers he shall call one of the Electoral Commissioners to collect such papers.

(2) The dubious ballot papers may only be removed from the tray by an Electoral Commissioner who shall take them to the table of the Electoral Commission personally.

(3) The Electoral Commission, or any number of members thereof not being less than three, shall, after hearing representations of the party delegates, or their substitutes decide in respect of each paper whether it is valid or invalid and if they decide that it is invalid they shall so stamp the paper on its face.

(4) The decision of the Electoral Commission in this regard shall be final and not subject to appeal.

(5) Once all the dubious ballot papers have been declared valid or invalid by the Electoral Commission, they shall be returned to the appropriate electoral division by an Electoral Commissioner who shall pass them on to a supervisor of that division.

(6) The supervisor shall cause the invalid ballot papers to be put in a tray marked Invalid and the valid ballot papers to be sorted in accordance with the preceding regulations.

7. (1) The Commission shall then count the number of papers in the tray of each candidate, 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 they shall ascertain the total number of valid papers in that division.

(2) When counting the number of papers placed in the tray of each candidate, the supervisor shall direct that such papers be bundled in packets of fifty papers each and that each packet is counted by at least two counters.

(3) The Electoral Commission may order that in the same electoral division the votes of more than one candidate shall be counted contemporaneously provided that they ensure that the ballot papers belonging to different candidates are kept separate.

(4) At the end of the count in a particular electoral division the Commission shall declare the total number of valid ballot papers in that division and the total number of valid votes credited to each candidate in that electoral division.

8. The Commission shall then divide the total number of valid papers in each division by a number exceeding by one the number of vacancies to be filled. The result increased by one, disregarding any fractional remainder shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the "quota".

9. If 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 thereupon be elected.

10. (1) If at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred, as in this regulation provided, to the continuing candidates for whom the next available preferences have been recorded on the ballot-papers in the parcel or sub-parcel received by the elected candidate at that count.

(2) A surplus which arises from any count shall be transferred before a surplus which may arise from a subsequent count.

(3) If more than one candidate has a surplus arising from the same count, the largest surplus shall first be dealt with.

(4) If two or more candidates have each an equal surplus arising from the same count, the surplus of the candidate with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall first be dealt with. Where the number of votes credited to such candidates were equal at all counts the Commission shall determine by lot which surplus they will first deal with.

(5)

(a) If the votes credited to an elected candidate consist of original votes only, the Commission shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred.

(b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the Commission shall examine the papers contained in the last sub-parcel last received by the elected candidate whose surplus is to be transferred.

(c) In either case the Commission shall sort the transferable papers into sub-parcels according to the next available preference recorded thereon, shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable paper and in the sub-parcel of non-transferable papers.

(6) If the total number of papers in the sub-parcels of transferable papers is not greater than the surplus, the Commission shall transfer the whole of each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference, and shall set aside as a separate parcel so many of the non-transferable papers as are not required for the quota of the elected candidate. The particular papers set aside shall be those last filed in the sub-parcel of non-transferable papers.

(7) (a) If the total number of transferable papers is greater than the surplus, the Commission shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference the 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. A note shall be made of the decimal parts (to four significant places), if any, of each number so ascertained.

(c) If, owing to the existence of such decimal parts (to four significant places), the number of papers to be transferred is less than the surplus, so many of those decimal parts (to four significant places) 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 fractional part shall be ignored.

(d) If two or more decimal parts (to four significant places) are of equal magnitude, that fractional part shall be deemed to be the largest which arises from the largest sub-parcels and if the sub-parcel in question are equal in size, the fractional part credited to the candidate with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the Commission shall determine by lot which fractional part shall be deemed to be the largest.

(e) The particular papers transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked with the number of the count at which the transfer took place.

11. (1) If at the end of any count no candidate has a surplus and one or more vacancies remain unfilled, the Commission shall exclude from the poll the candidate credited with the lowest number of votes; shall examine all the papers of that candidate, shall sort the transferable papers into sub-parcels according to the next available preferences recorded thereon for continuing candidates; shall transfer each sub-parcel to the candidate for whom that preference is recorded; and shall make a separate sub-parcel of the non-transferable papers.

(2) If the total of the votes of the two or more candidates lowest on the poll is less than the number of the votes credited to the next highest candidate the Commission may at the same count exclude those candidates from the poll and transfer their votes as in this regulation provided.

(3) If, when a candidate has to be excluded, two or more candidates have each the same number of votes and are lowest on the poll, the candidate with the lowest number of votes at the first count at which the candidates in question had an unequal number of votes shall be excluded, and, where the numbers of votes credited to those candidates were equal at all counts, the Commission shall decide by lot which shall be excluded.

12. Notwithstanding anything in these regulations contained -

(1) If at the end of any count the number of elected candidates is equal to the number of vacancies to be filled, no further transfer of votes shall he made.

(2) If on the exclusion of a candidate or candidates the number of the then continuing candidates is equal to the number of vacancies to be filled, the continuing candidates shall thereupon be elected and no further transfer of votes shall be made.

13. (1) Whenever any transfer is made each sub-parcel of papers transferrred shall be placed on the 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) Non-transferable papers, except such as in the transfer of a surplus may be required for the quota of the elected candidate, shall be set aside as a separate parcel together with any parcel of nontransferable papers already set aside.

(3) On the transfer of the surplus of an elected candidate, all papers not transferred to continuing candidates and not set aside as provided in the preceding paragraph shall be placed together in one parcel as the quota of the elected candidate and the parcel shall be marked with the name of the elected candidate.

14. Any candidate or agent may, at the end of any count, request the Commission to re-examine and re-count all or any of the papers dealt with during that count, and the Commission shall forthwith reexamine and re-count accordingly the papers indicated without making any alterations in the arrangements of the papers in the various parcels save where such alteration may be necessary in consequence of any error discovered in the re-count; the Commission may also at their discretion re-count papers either once or more often in any case in which they are not satisfied as to the accuracy of any previous count:

Provided that nothing herein shall make it obligatory on the Commission to re-count the same papers more than once.

15. (1) Upon an election petition the court may direct the whole or any part of the ballot-papers to be re-counted, and the result of the election to be ascertained in accordance with these Regulations.

(2) On any re-count, subject to such modifications as may be necessary by reason of any order of the court, each paper originally declared valid shall, whenever any transfer of votes takes place, follow the same course as at the original counting of the votes.

16. (1) If any question shall arise in relation to any transfer of votes, the decision of the Commission whether expressed or implied by their acts, shall be final unless an objection is made in writing by any candidate or agent before the declaration of the poll, and in that event the decision of the Commission may be reversed upon an election petition.

(2) If any decision of the Commission 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 of the transfer in question, and shall cause the subsequent operation to be carried out and the result of the election to be ascertained in accordance with these regulations.

17. The declaration of the result of the poll shall include a record of any transfer of votes made under these regulations, and of the total number of votes credited to each candidate after any such transfer, and shall be in the form shown in the Schedule to these regulations, or in a form to the like effect.

18. In the event of a seat becoming vacant the Commission shall, within five working days from the date of the receipt of the President's Writ, give notice, to be published in the Gazette, of an election to fill the seat vacated.

19. Within five working days after the publication of such notice any person who -

(a) at the general election held immediately prior to the occurrence of the said vacancy was a candidate nominated for election as a Member of the House for the electoral division in respect of which the vacancy has arisen, and did not withdraw from the election and was not elected; and

(b) is still qualified to be so elected

may with his consent, be nominated as a candidate for the said vacancy.

20. Within three working days after the last day fixed for the receipt of nominations, the Commission shall decide on the validity of the nominations, and shall publish in the authorised form, the names, and description of the persons validly nominated, and the electoral division the seat whereof is to be filled.

21. If there are any valid nominations, the Commission shall, within four working days, proceed to examine the ballot-papers in the sealed parcel of the vacating member and the following provisions shall apply

(1) All candidates for the electoral division at the general election shall be deemed to be candidates excluded from the poll except those who have been validly nominated for the vacant seat.

(2) The papers preserved under seal in accordance with the General Elections Act, 1991 in the parcel of the vacating Member shall be examined and transferred to the validly nominated candidates first available in order of preference shown upon such papers, and each validly nominated candidate shall be credited with one vote in respect of each paper transferred.

(3) In any case where there is only one validly nominated candidate, if such candidate is credited with votes in number equal to or exceeding half the number of papers in the parcel of the vacating Member, he shall be declared elected.

(4) In any case where there are two or more validly nominated candidates, the Commission shall exclude from the poll the candidate credited with the lowest number of votes and shall transfer his votes according to the next available preferences shown upon the ballot papers for the continuing candidate or candidates. The process of excluding the candidate lowest in the poll and of transferring his votes according to the next available preference shall be continued until there is only one candidate remaining. If such candidate shall have then been credited with votes in number equal to or exceeding half the number of papers in the parcel of the vacating Member, that candidate shall be declared elected

Provided that if at any time any candidates shall have been credited with votes exceeding the combined total of votes of all other candidates, and at the same time equal to or exceeding half the number of papers in the parcel of the vacating Member, he shall be declared elected without further transfer.

22. (1) If a vacancy occurs in a seat which has teen filled in accordance with this Part of these Regulations, or in accordance with subsection (1) of section 54 of the General Elections Act, 1991, or if on a vacancy occurring no candidate is validly nominated' or if after examination of the ballot-papers of the vacating Member no candidate is secures election, the vacancy shall be filled by co-option, by the Members of the House of a person duly qualified for membership of the House.

(2) In filling a vacancy by co-option, regard shall be had to the representation as nearly as may be of the interests and opinions represented and held by the vacating Member.

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