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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Legislative Council Voting) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Electoral
Act 1985
.
Contents
Part 2—Amendment of Electoral
Act 1985
4Amendment of section
4—Interpretation
5Amendment of section 53—Multiple
nominations of candidates endorsed by political party
6Amendment of section 57—Deposit to be
forfeited in certain cases
7Amendment of section 59—Printing of
Legislative Council ballot papers
8Amendment of section 62—Printing of
descriptive information on ballot papers
9Amendment of section 63—Voting
tickets
10Amendment of section 66—Preparation of
certain electoral material
11Amendment of section 76—Marking of votes
on ballot papers
13Amendment of section 94—Informal ballot
papers
95Scrutiny of votes
in Legislative Council election
15Amendment of section 96D—Use of approved
computer program in election
16Amendment of section
130A—Interpretation
17Amendment of section
130O—Interpretation
Schedule 1—Example of quotient
calculations for Legislative Council election
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Legislative Council Voting)
Amendment Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
4—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of general
election insert:
group or group of candidates means a group of
2 or more candidates nominated for election to the Legislative Council who
have their names grouped together on ballot papers in accordance with
section 58;
(2) Section 4(1), definition of organisation—delete
"group" wherever occurring and substitute in each case:
collective
(3) Section 4(1)—after the definition of undue
influence insert:
ungrouped candidate, in relation to a Legislative Council
election—see section 59(1)(a);
(4) Section 4(1), definitions of voting ticket and
voting ticket square—delete the definitions and
substitute:
voting ticket means a written statement of a particular order
in which a voter might allocate preferences in an election, being a statement
for use under this Act in interpreting the votes of voters who, in relation to a
House of Assembly election, do not indicate an order of preference covering all
candidates;
5—Amendment
of section 53—Multiple nominations of candidates endorsed by
political party
Section 53(3)(b)(iii)—after "and" insert:
(in the case of a candidate for election as a member of the House of
Assembly)
6—Amendment
of section 57—Deposit to be forfeited in certain
cases
Section 57(1)(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) —
(i) in the case of a House of Assembly election—the total number of
votes polled in the candidate's favour as first preference votes exceeds 4 per
cent of the total number of formal votes cast in the election; or
(ii) in the case of a Legislative Council election—
(A) if the candidate is an ungrouped candidate—the total number of
votes polled in the candidate's favour exceeds 4 per cent of the total number of
formal votes cast in the election; or
(B) if the candidate is a member of a group—the total number of
votes polled in favour of the group exceeds 4 per cent of the total number of
formal votes cast in the election,
7—Amendment
of section 59—Printing of Legislative Council ballot
papers
(1) Section 59(1)(a)—after "not included in groups"
insert:
(ungrouped candidates)
(2) Section 59(1)(a)—delete "individual candidates" and
substitute:
ungrouped candidates
(3) Section 59(1)(c)—delete "candidates whose names are not included
in any group" and substitute:
ungrouped candidates
(4) Section 59(1)(e)—delete paragraph (e) and
substitute:
(e) the name or description (if any) under
section 62—
(i) relating to each group must be printed on the ballot papers above the
names of the candidates included in the group; and
(ii) relating to each ungrouped candidate must be printed on the ballot
papers above the name of the candidate; and
(f) a square must be printed—
(i) opposite the name or description of each group and ungrouped candidate
printed on the ballot paper in accordance with paragraph (e); or
(ii) if no such name or description is printed on the ballot paper in
relation to a group or ungrouped candidate, above the group or ungrouped
candidate.
(5) Section 59(2)—delete subsection (2)
8—Amendment
of section 62—Printing of descriptive information on ballot
papers
Section 62(2)(d)—delete "the name of each member of"
9—Amendment
of section 63—Voting tickets
(1) Section 63(a1)—delete subsection (a1)
(2) Section 63(1)—delete "or a group of candidates entitled to lodge
a voting ticket under subsection (a1)" and substitute:
in a House of Assembly election
(3) Section 63(2)(a)—delete "or candidates"
(4) Section 63(3)(a)—delete "or candidates"
(5) Section 63(3)(b)—delete "or candidates to act on their" and
substitute:
to act on the candidate's
(6) Section 63(3a)(a)—delete "or candidates are members" and
substitute:
is a member
(7) Section 63(3a)(b)—delete paragraph (b)
(8) Section 63(4)(b)—delete paragraph (b) and
substitute:
(b) indicate a preference for the candidate to whom the voting ticket
relates over all other candidates in the election.
(9) Section 63(5)—delete subsection (5)
10—Amendment
of section 66—Preparation of certain electoral
material
(1) Section 66(1)—delete subsection (1) and
substitute:
(1) The Electoral Commissioner must have posters formed from how-to-vote
cards submitted by the candidates in the election prepared for use in polling
booths on polling day.
(2) Section 66(2)(d)—delete "in the case of how-to-vote
cards,"
(3) Section 66(2)(g)—delete "in the case of how-to-vote
cards—"
(4) Section 66(3)—delete "or booklet"
(5) Section 66(5)—delete subsection (5) and
substitute:
(5) The presiding officer at each polling booth must ensure
that—
(a) in relation to a House of Assembly election, posters prepared under
subsection (1) are displayed in each voting compartment; and
(b) all other posters prepared under subsection (1) are displayed in
a prominent position in the polling booth and in accordance with any direction
issued by the Electoral Commissioner.
11—Amendment
of section 76—Marking of votes on ballot papers
Section 76(1)—delete subsection (1) and substitute:
(1) In a Legislative Council election, a voter must mark his or her vote
on the ballot paper by placing the number 1—
(a) if the voter wishes to vote for a group—
(i) in the square opposite the name or description of the group;
or
(ii) if no such name or description is printed on the ballot paper in
relation to the group, in the square above the group; or
(b) if the voter wishes to vote for an ungrouped
candidate—
(i) in the square opposite the name or description of the candidate;
or
(ii) if no such name or description is printed on the ballot paper in
relation to the candidate, in the square above the candidate.
Section 92—delete the section
13—Amendment
of section 94—Informal ballot papers
(1) Section 94(1)(b)—after "on it, or" insert:
, in the case of a House of Assembly election,
(2) Section 94(3)—after "a voter" insert:
in a House of Assembly election
(3) Section 94(4a) and (5)—delete subsections (4a)
and (5)
Section 95—delete the section and substitute:
95—Scrutiny of votes in Legislative Council
election
(1) In a Legislative Council election, the scrutiny must, subject to this
Act, be conducted, and the vacancies must be filled, in the manner set out in
this section.
(2) Each assistant
returning officer must, in the presence of an assistant presiding officer or a
poll clerk and of such authorised scrutineers as may attend—
(a) open all ballot boxes sent to him or her, or received from polling
places within or for that portion of the district in which he or she exercises
his or her powers; and
(b) reject all informal ballot papers and arrange the unrejected ballot
papers into votes for groups and votes for ungrouped candidates by placing in a
separate parcel all those on which a vote is indicated for the same group or the
same ungrouped candidate; and
(c) count the votes given for each group and each ungrouped candidate on
all unrejected ballot papers; and
(d) make out and
sign a statement setting out the number of votes given for each group or
ungrouped candidate and the number of informal ballot papers; and
(e) place in a separate parcel all the ballot papers that have been
rejected as informal; and
(f) transmit the following information, in an expeditious manner, to the
deputy returning officer for the division:
(i) the number of votes given for each group;
(ii) the number of votes given for each ungrouped candidate;
(iii) the total number of ballot papers rejected as informal;
and
(g) seal up the parcels and endorse on each parcel a description of its
contents; and
(h) transmit the parcels to the deputy returning officer with the least
possible delay together with the statement specified in
paragraph (d)
.
(3) The deputy
returning officer must—
(a) open all ballot boxes and other facilities used for keeping voting
papers not opened by an assistant returning officer and must conduct the
scrutiny of the ballot papers contained in those boxes or facilities, as far as
practicable, in the manner described above; and
(b) seal up all parcels created under this subsection and endorse on each
parcel a description of its contents; and
(c) complete a return, in a form determined by the Electoral Commissioner,
addressed to the returning officer for the Legislative Council; and
(d) transmit all voting papers, together with the return, to the returning
officer for the Legislative Council.
(4) Subject to
subsection (5)
, the returning officer for the Legislative Council must—
(a) open the sealed
parcels of ballot papers received from the deputy returning officers and make a
fresh scrutiny of the ballot papers contained in the parcels (and for that
purpose he or she has the same powers as if the fresh scrutiny were the original
scrutiny and may reverse any decision given by an assistant or deputy returning
officer in relation to the original scrutiny); and
(b) arrange the
unrejected ballot papers so scrutinised by him or her into votes for groups and
votes for ungrouped candidates by placing in a separate parcel all those on
which a vote is indicated for the same group or for the same ungrouped
candidate; and
(c) count the votes
given for each group or ungrouped candidate on those ballot papers.
(5) The returning
officer may, to such extent as he or she determines to be appropriate, rely on
any information contained in a return under
subsection (3)
in substitution for conducting a fresh scrutiny under
subsection (4)
(and that information will then, to the extent determined by the returning
officer, have full effect for the purposes of the succeeding provisions of this
section).
(6) Having
ascertained the total number of votes for each group and for each ungrouped
candidate, the returning officer must proceed to determine the outcome of the
election as follows:
(a) the returning
officer must determine a quotient (rounded to 1 decimal place) for each
such group or candidate (other than an ungrouped candidate who died between the
date fixed for the nomination and polling day) calculated as follows:
Where:
T is the total number of votes received by the group or
candidate;
E is—
(i) in the case of the first calculation of the quotient for a group or
any calculation for an ungrouped candidate—0; or
(ii) for any subsequent calculation of a quotient for a group—the
number of members of the group that have been elected;
Example—
An example of a calculation of quotients is set out in the table in
Schedule 1. It can be seen that the numerator, T, will not change on
any calculation of the quotient in relation to a particular group or candidate
whilst the denominator, (2E + 1), will increase for a group on subsequent
calculations as the group is allocated vacancies under this provision.
(b) the group or
ungrouped candidate with the highest quotient on the first calculation is
allocated the first vacancy and—
(i) in the case of a
group—the candidate listed highest in the group in accordance with
section 58(2)(c) will be elected; or
(ii) in the case of an ungrouped candidate—the ungrouped candidate
will be elected;
(c) the returning
officer must then determine a further quotient for each group (other than any
group that has no remaining member available to be elected) and for each
ungrouped candidate (other than any ungrouped candidate who has been elected) in
accordance with
paragraph (a)
and the group or ungrouped candidate with the highest quotient is
allocated the next vacancy and—
(i) in the case of a
group—the candidate listed highest in the group (disregarding any
candidates in the group who have already been elected) in accordance with
section 58(2)(c) will be elected; or
(ii) in the case of an ungrouped candidate—the ungrouped candidate
will be elected;
(d) the returning officer must continue to determine quotients and
allocate vacancies in accordance with
paragraph (c)
until all vacancies have been filled.
(7) If, on any
calculation of quotients under
subsection (6)
, 2 or more groups or ungrouped candidates have the equal highest
quotient, each of those groups or candidates are to be allocated a vacancy and
candidates elected in accordance with that subsection as if they were the only
group or candidate with the highest quotient.
(8) However, if the
number of vacancies to be filled is less than the number of candidates that
would be elected in accordance with
subsection (7)
, the matter must be referred, on the application of the Electoral
Commissioner, to the Court of Disputed Returns for the Court to determine the
validity of any disputed ballot papers and—
(a) if the deadlock is resolved—the Court must declare the
appropriate candidate elected; but
(b) if the deadlock is not resolved—the Court must order a fresh
election to be held in accordance with any directions of the Court with the
candidates that would be elected in accordance with
subsection (7)
as the sole candidates in that election.
(9)
Subsection (8)
does not limit the jurisdiction of the Court of Disputed Returns under
Part 12 Division 2 in relation to an election.
(10) The returning
officer must, on the allocation of the final vacancy—
(a) make out and sign a statement setting out the number of ballot papers
and votes counted to each group and each ungrouped candidate and the number of
informal ballot papers, and the quotients calculated (in accordance with
subsection (6)
) for each group and each ungrouped candidate before each allocation of a
vacancy and forward the statement to the Electoral Commissioner; and
(b) place in a separate parcel all the ballot papers which have been
rejected as informal; and
(c) place in a separate parcel all the unrejected ballot papers;
and
(d) seal up the parcels and endorse on each parcel a description of its
contents, and permit any scrutineers present, if they so desire, to countersign
the endorsement.
(11) For the
purposes of this Act—
(a) the order of election of candidates in a Legislative Council election
will be taken to be in accordance with the order of the allocation of vacancies
as a result of which they were elected; and
(b) if 2 or more candidates are elected in accordance with
subsection (7)
, the order in which they will be taken to have been elected will be in
accordance with the relative numbers of their votes, the candidate who has, or
whose group has, the largest number of votes being taken to be the earliest
elected, but if any 2 or more of those candidates each have the same
number of votes, the returning officer will determine by lot the order in which
they will be taken to have been elected.
(12) For the purposes of allocating vacancies under
subsection (6)(b)(i)
and
(c)(i)
, a candidate listed in a group who died between the date fixed for the
nomination and polling day is to be disregarded.
15—Amendment
of section 96D—Use of approved computer program in
election
(1) Section 96D(2)(b)—delete "subsection (4a)" and
substitute:
subsection (5)
(2) Section 96D(2)(c)—delete "(15) (inclusive),
(17) and (20) to (28) (inclusive) (after taking into account the
operation of subsection (4a) (if relevant))" and substitute:
(7) (inclusive) and (12)
(3) Section 96D(2)(d) and (e)—delete paragraphs (d)
and (e)
(4) Section 96D(2)(f)—delete "(16), (16a), (18), and (19)"
and substitute:
(8), (9), (10) and (11)
16—Amendment
of section 130A—Interpretation
Section 130A(1), definition of group—delete the
definition
17—Amendment
of section 130O—Interpretation
Section 130O, definitions of eligible vote and total
primary vote—delete the definitions and substitute:
eligible vote means—
(a) a first preference vote on a formal ballot paper in a House of
Assembly election; or
(b) a vote on a formal ballot paper in a Legislative Council
election;
total primary vote means—
(a) in the case of an election for a House of Assembly district—the
total number of eligible votes cast in favour of all of the candidates in the
election by electors for the district;
(b) in the case of an election for the Legislative Council
district—the total number of eligible votes cast in the
election.
After section 139 insert:
Schedule 1—Example of quotient calculations for
Legislative Council election
|
Party A |
Party B |
Party C |
Party D |
Group E |
Independent F |
Independent G |
---|---|---|---|---|---|---|---|
Number of primary votes |
360 000 |
312 000 |
103 000 |
90 000 |
60 000 |
35 000 |
20 000 |
1st quotient calculation |
360 000.0 |
312 000.0 |
103 000.0 |
90 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
2nd quotient calculation |
120 000.0 |
312 000.0 |
103 000.0 |
90 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
3rd quotient calculation |
120 000.0 |
104 000.0 |
103 000.0 |
90 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
4th quotient calculation |
72 000.0 |
104 000.0 |
103 000.0 |
90 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
5th quotient calculation |
72 000.0 |
62 400.0 |
103 000.0 |
90 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
6th quotient calculation |
72 000.0 |
62 400.0 |
34 333.3 |
90 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
7th quotient calculation |
72 000.0 |
62 400.0 |
34 333.3 |
30 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
8th quotient calculation |
51 428.6 |
62 400.0 |
34 333.3 |
30 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
9th quotient calculation |
51 428.6 |
44 571.4 |
34 333.3 |
30 000.0 |
60 000.0 |
35 000.0 |
20 000.0 |
10th quotient calculation |
51 428.6 |
44 571.4 |
34 333.3 |
30 000.0 |
20 000.0 |
35 000.0 |
20 000.0 |
11th quotient calculation |
40 000.0 |
44 571.4 |
34 333.3 |
30 000.0 |
20 000.0 |
35 000.0 |
20 000.0 |
Total number elected (after final vacancy allocated to Party B) |
4 |
4 |
1 |
1 |
1 |
0 |
0 |