Cap. 354 Art. 21AAdditional members in terms of article 52A of the Constitution.

For the purpose of electing the additional members, if any, required in terms of article 52A of the Constitution, the rules and regulations found in Part IV to the Thirteenth Schedule shall be applied.

EXAMPLE OF THE METHOD OF COUNTING THE BALLOT PAPERS AT AN ELECTION CONDUCTED ON THE PROPORTIONAL REPRESENTATION SYSTEM OF THE SINGLE TRANSFERABLE VOTE USING AN ELECTRONIC VOTE COUNTING SOLUTION

Let it be assumed that there are six members to be elected and that there are eleven candidates A, B, C, D, E, F, G, H, I, K, L. THE QUOTA

Once all ballot papers are scanned, verified and adjudicated, an ordered (by vote number, ballot box number) set of valid Electronic Ballots is formed. The total number of valid Electronic Ballots submitted to the count engine is 348. This total is divided by seven (i.e. the number which exceeds by one the number of vacancies to be filled), and 50 (i.e. the quotient 49 increased by 1, neglecting the fraction) is the "quota", or the number of votes sufficient to elect a member.

FIRST COUNT

The ordered set of Electronic Ballots is treated as the initial parcel within the count engine. This initial parcel is analysed, and all Electronic Ballots are assigned into separate sub-parcels under the name of the candidate for which a first preference has been recorded.

The results of the count may be supposed to be as follows:

Candidate Votes

A 7

B 140

C 25

D 10

E 4

F 62

G 14

H 50

I 12

K 0

L 24

Non-Transferable 0

Total 348

The votes obtained by B, F and H exceed or equal the quota, and they are thereupon elected. SECOND COUNT

B has 90 surplus votes (i.e. B’s total 140, less the quota 50), and it is necessary to transfer this surplus first as being the largest.

All B’s 140 Electronic Ballots are analysed and assigned into separate sub-parcels according to the next available preferences indicated therein.

In general, the next available preference will be the second preference. But any Electronic Ballot on which the second preference is given to either F or H, both already elected, passes to the next available preference after such candidates. An Electronic Ballot marked with 1 for B, 2 for H, 3 for F, 4 for I, is placed in the sub-parcel for I.

A separate sub-parcel is also formed of those Electronic Ballots on which no further available preference, i.e. no further preference for any continuing candidate is shown, and which are therefore not transferable.

The result is found to be as follows:

A next available preference is shown for D on ............. 80 ballots

A next available preference is shown for E on …........ 2 ballots

A next available preference is shown for I on .............. 25 ballots

A next available preference is shown for K on ............. 29 ballots

Total of transferable ballots …………… 136 ballots

Total of ballots ……… 4 ballots non-transferable Total of B’s ballots …………………….. 140 ballots

Since the total number of transferable ballots (136) exceeds the surplus (90), only a portion of each sub-parcel can be transferred, and the number of ballots to be transferred from each sub-parcel must bear the same proportion to the total number of ballots in the sub-parcels as that which the surplus bears to the total number of transferable ballots.

In other words, the number of Electronic Ballots to be transferred from each sub-parcel is ascertained by multiplying the number of ballots in the sub-parcel by 90 (the surplus) and dividing the result by 136 (the total number of transferable ballots) giving 0.6617647.

The calculation is as follows:

Sub- Actually Candidate Whole Fraction Parcel Transferred

D 80 x 0.6617647 52 .9412 +1 53 E 2 x 0.6617647 1 .3235 1

I 25 x 0.6617647 16 .5441 +1 17

K 29 x 0.6617647 19 .1912 19 Total 88 2 90

The numbers of Electronic Ballots to be transferred as determined by the preceding process contain decimal parts, and since only whole ballots can be transferred, so many of the largest of these decimal parts, taken in order of their magnitude as will make the total number of Electronic Ballots to be transferred equal to the surplus, are reckoned as of the value of unity.

Thus as the whole numbers determined above amount to only 88 viz. (52+1+16+19), or two short of the surplus, 90, the two largest decimal parts .9412 and .5441 are reckoned as unity, and the number of Electronic Ballots actually transferred are as follows:

To D ...................................................................... 53 ballots

To E ……………………………………………... 1 ballot

To I ………………………………………………. 17 ballots

To K ……………………………………............... 19 ballots

Total, being B’s surplus ………............................. 90 ballots

The particular Electronic Ballots to be transferred to D, E, I and K are those last filed in their respective sub-parcels, and, therefore at the bottom of the sub-parcels.

These Electronic Ballots are added in separate sub-parcels to the parcels of D, E, I and K. (Note: K had no parcel of original ballots).

The totals of the votes credited to these candidates then become:

To D.................................................... 10 + 53 = 63 2 parcels

To E ………….………..........……… 4 + 1 = 5 2 parcels

To I ……………….………………... 12 + 17 = 29 2 parcels

To K …………..……………..…...... 0 + 19 = 19 1 parcel

The remainder of the Electronic Ballots in the sub-parcel of the elected candidate B, i.e. those ballots not transferred together with the ballots on which no further available preferences were marked, now form the parcel, representing B’s quota of votes (50). This parcel retains the order of B’s original parcel. The parcel is made up as follows:

The remainder of D’s sub-parcel ............................... 80 – 53 = 27

The remainder of E’s sub-parcel ……………............ 2 – 1 = 1

The remainder of I’s sub-parcel ………………….... 25 – 17 = 8

The remainder of K’s sub-parcel …………………… 29 – 19 = 10

Total of ballots ………..... 4 non-transferable Total, being B’s quota ……………...…....... 50

The state of the poll on the conclusion of the second count is as follows:

Candidate Votes

A 7

B 50 (elected)

C 25

D 63 (elected)

E 5

F 62 (elected)

G 14

H 50 (elected)

I 29

K 19

L 24

Non-Transferable 0

Total 348

D now has 63 votes, a number which is more than the quota. He is accordingly elected. THIRD COUNT

There are now two surpluses, that of F (12) and that of D (13). F’s surplus, though the smaller, is first dealt with as it arose on a prior count. F’s surplus is distributed proportionately among the next available preferences on F’s original 62 ballots in exactly the same manner as in the case of B, with the result that 9 ballots are transferred to L, 2 to C and 1 to A.

The totals of the votes credited to these candidates then become:

To L ............................................ 24 + 9 = 33 2 parcels

To C ……………………............ 25 + 2 = 27 2 parcels

To A …………………………... 7 + 1 = 8 2 parcels

The remainder of the Electronic Ballots in the sub-parcel of the elected candidate F, i.e. those ballots not transferred together with the ballots on which no further available preferences were marked, now form the parcel representing F’s quota of votes (50). This parcel retains the order of F’s original parcel.

The Electronic Ballots in the sub-parcel of the elected candidate H (who obtained an exact quota at the first count) retain the order of the original parcel and form the parcel representing H’s quota of votes (50).

FOURTH COUNT

D’s surplus (13) must now be distributed. For this purpose only the sub-parcel last transferred, containing 53 ballots, is considered. These are analysed and assigned into sub-parcels, according to the next available preferences, with the following result:

A next available preference is shown for I on ................ 42 ballots

A next available preference is shown for K on …........... 10 ballots

Total of transferable ballots ……………........ 52 ballots

Total of non-transferable ballots ………......... 1 ballot

Total 53 ballots

The number of ballots to be transferred from each sub-parcel is ascertained by multiplying the number of ballots in the sub-parcel by 13 (the surplus) and dividing the result by 52 (the total number of transferable ballots); therefore I’s share of the surplus ………………….. 42 x 0.25 = 10.5

K’s share of the surplus ………………… 10 x 0.25 = 2.5

As the decimal parts above are equal, that which arises from the larger sub-parcel is deemed to be the larger. I’s share of D’s surplus is, accordingly, 11 votes, and K’s share is 2 votes.

The totals of the votes credited to these candidates then become:

To I.................................................... 12 + 17 + 11 = 40 3 parcels

To K ……………………………… 19 + 2 = 21 2 parcels

The remainder of the Electronic Ballots in the sub-parcel of the elected candidate D, i.e. those ballots not transferred (39) together with the ballots on which no further available preferences were marked (1) and the 10 ballots received on the first count, making 50 ballots altogether, now form the parcel representing D’s quota of votes.

The state of the poll on the conclusion of the fourth count is as follows:

Candidate Votes

A 8

B 50 (elected)

C 27

D 50 (elected)

E 5

F 50 (elected)

G 14

H 50 (elected)

I 40

K 21

L 33

Non-Transferable 0

Total 348 FIFTH COUNT

There being now no surplus required to be dealt with, the Electoral Commissioner proceeds to transfer the votes of the candidate with the smallest total of votes. The candidate lowest on the poll is E, with 5 votes. The ballots in the sub-parcel of candidate E are analysed and assigned into sub-parcels, according to the next available preferences, with the result that 4 ballots are transferred to I, and 1 non-transferable ballot is set aside as a separate parcel, whilst respecting the original order of ballots for candidate E.

The totals of the votes credited to these candidates then become:

To I .......................................... 12 + 17 + 11 + 4 = 44 4 parcels

Non-Transferable 1 1 parcel

The state of the poll on the conclusion of the fifth count is as follows:

Candidate Votes

A 8

B 50 (elected)

C 27

D 50 (elected)

E 0 (eliminated)

F 50 (elected)

G 14

H 50 (elected)

I 44

K 21

L 33

Non-Transferable 1

Total 348 SIXTH COUNT

The Electoral Commissioner proceeds to transfer the votes of candidate A, who is the candidate with the smallest total of votes on the poll with 8. The ballots in the sub-parcel of candidate A are analysed and assigned into sub-parcels, according to the next available preferences, with the result that 1 ballot is transferred to C and 7 ballots are transferred to G.

The totals of the votes credited to these candidates then become:

To C................................................. 25 + 2 + 1 = 28 3 parcels

To G ……………………………..... 14 + 7 = 21 2 parcels

The state of the poll on the conclusion of the sixth count is as follows:

Candidate Votes

A 0 (eliminated)

B 50 (elected)

C 28

D 50 (elected)

E 0 (eliminated)

F 50 (elected)

G 21

H 50 (elected)

I 44

K 21

L 33

Non-Transferable 1

Total 348 SEVENTH COUNT

No candidate is elected as the result of the sixth count and the next operation has to be determined upon. Candidates G and K have each the same number of votes (21) and are lowest on the poll. K’s ballots are analysed and assigned, as he obtained fewer votes than G in the first count. From the distribution of K’s ballots (21), 3 ballots are transferred to C, 15 to I, 1 to L, and 2 are non-transferable. I thereby reaches a total of 59 votes and is elected.

The totals of the votes credited to these candidates then become:

To C...................................... 25 + 2 + 1 + 3 = 31 4 parcels

To I ……………………….. 12 + 17 + 11 + 4 + 15 = 59 5 parcels

To L ………………………. 24 + 9 + 1 = 34 3 parcels

Non-Transferable 1 + 2 = 3 2 parcels

The final state of the poll on the conclusion of the seventh count is as follows:

Candidate Votes

A 0 (eliminated)

B 50 (elected)

C 31

D 50 (elected)

E 0 (eliminated)

F 50 (elected)

G 21

H 50 (elected)

I 59 (elected)

K 0 (eliminated)

L 34

Non-Transferable 3

Total 348 EIGHTH COUNT

I’s surplus (9) must now be distributed. For this purpose only the sub-parcel of ballots last transferred to I (15 ballots) is taken into account. These are analysed and assigned into sub-parcels for the continuing candidates, with the following result:

A next available preference is shown for C on ............ 4 ballots

A next available preference is shown for L on …......... 3 ballots

Total of ballots …………… 7 ballots transferable

Total of non-transferable ballots ………. 8 ballots

Total 15 ballots

In this case the total number of transferable ballots (7) is less than the surplus (9), therefore the Electoral Commissioner transfers the whole sub-parcels of transferable ballots to the continuing candidates indicated thereon as next available preference. This accounts for 7 votes out of the surplus 9. There is a difference of 2 ballots. The sub-parcel of non-transferable ballots is therefore divided into two portions, one containing 2 ballots (which form part of the surplus) the other containing 6 ballots (which are required for I’s quota). The portion of 2 ballots is set aside as a separate parcel with the other parcels of non-transferable ballots, and the portion of 6 ballots is retained to make up I’s quota (6+44=50).

The totals of the votes credited to these candidates then become:

To C......................................... 25 + 2 + 1 + 3 + 4 = 35 5 parcels

To L ……………………….... 24 + 9 + 1 + 3 = 37 4 parcels

Non-Transferable 1 + 2 + 2 = 5 3 parcels

The state of the poll on the conclusion of the eighth count is as follows:

Candidate Votes

A 0 (eliminated)

B 50 (elected)

C 35

D 50 (elected)

E 0 (eliminated)

F 50 (elected)

G 21 H 50 (elected)

I 50 (elected)

K 0 (eliminated)

L 37

Non-Transferable 5

Total 348

NINTH COUNT

There being now no surplus, the votes of G, the candidate lowest on the poll, are analysed and assigned. G’s parcel of 21 ballots is found to contain 7 ballots on which C is the next preference, and 12 on which L is the next preference, and 2 ballots which are non-transferable. Therefore 7 ballots are transferred to C, and 12 to L, and 2 are filed as a separate parcel with the other parcels of non-transferable ballots.

The totals of the votes credited to these candidates then become:

To C ................................... 25 + 2 + 1 + 3 + 4 + 7 = 42 6 parcels

To L …………………… 24 + 9 + 1 + 3 +12 = 49 5 parcels

Non-Transferable 1 + 2 + 2 + 2 = 7 4 parcels

The state of the poll on the conclusion of the ninth count is as follows:

Candidate Votes

A 0 (eliminated)

B 50 (elected)

C 42

D 50 (elected)

E 0 (eliminated)

F 50 (elected)

G 0 (eliminated)

H 50 (elected)

I 50 (elected)

K 0 (eliminated)

L 49 Non-Transferable 7

Total 348

There being now no surplus, C, the candidate lowest on the poll, is excluded from the poll. But, as there remains only one vacancy to be filled, and only one continuing candidate, namely L, L is elected without any further transfer of votes.

The final result is that B, F, H, D, I and L are elected.

FOURTEENTH SCHEDULE

(Article 118) (Polling) (Cap. Articles 41 to 62 of the Electoral Ordinance 102)