Part 36 (1/2)

9.--(a) Where the number of votes obtained by a candidate is raised up to or above the by any such transfer as aforesaid, he shall thereupon be declared elected. And in such case, notwithstanding the fact that he may have reached the quota, such transfer shall be completed, and all the votes to which he is ent.i.tled therefrom shall be transferred to him, but no other votes shall be transferred to him.

_If votes exactly equal to quota, voting papers to be set aside._

(b) Where the number of votes obtained by a candidate is raised up to, but not above, the quota by any such transfer as aforesaid, the whole of the voting papers on which such votes are recorded shall be set aside as finally dealt with.

_If surplus created, surplus to be transferred._

(c) Where the number of votes obtained by a candidate is raised above the quota by any such transfer as aforesaid, his surplus shall be transferred to the candidates next in the order of the voters'

respective preferences in the same manner as is directed in Rule 7, Clause (c): Provided that such surplus shall not be dealt with until all the votes of the excluded candidate have been transferred.

_Surpluses to be dealt with before further exclusion._

(d) Where any surplus exists it shall be dealt with before any other candidate is excluded.

_Process of exclusion to be repeated until there remain number of candidates required._

10. The same process of excluding the candidate lowest on the poll and transferring to other candidates his votes shall be repeated until all the candidates, except the number required to be elected, have been excluded, and the unexcluded candidates, who have not already been so declared, shall then be declared elected.

_If lowest candidates equal last, difference to decide._

11. Where at any time it becomes necessary to exclude a candidate, and two or more candidates have the same number of votes and are lowest on the poll, then whichever of such candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if such candidates have had an equal number of votes at all preceding counts or transfers, the returning officer shall decide which candidate shall be first excluded.

_If a candidate elected or excluded, his name not considered on voting paper._

12. In determining what candidate is next in the order of the voter's preference, any candidates who have been declared elected or who have been excluded shall not be considered, and the order of the voter's preference shall be determined as if the names of such candidates had not been on the voting paper.

_Exhausted votes._

13. Where on any transfer it is found that on any voting paper there is no candidate opposite whose name a number is placed, other than those who have been already either declared elected or excluded, such voting paper shall be set aside as exhausted.

APPENDIX IX

THE SINGLE TRANSFERABLE VOTE

REGULATIONS FOR THE ELECTION OF SENATORS UNDER THE SOUTH AFRICA ACT, 1909

I. In these Regulations:--

(1) ”_Continuing Candidates_” mean candidates not elected or not excluded from the poll at any given time.

(2) ”_First Preference_” means the figure 1 set opposite the name of any candidate; ”second preference” similarly means the figure 2; ”third preference” the figure 3, and so on.

(3) ”_Unexhausted papers_” mean ballot papers on which a further preference is recorded for a continuing candidate.

(4) ”_Exhausted papers_” mean ballot papers on which no further preference is recorded for a continuing candidate, provided that a paper shall also be deemed to be exhausted in any case in which--

(_a_) The names of two or more candidates, whether continuing or not, are marked with the same figure 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