Proportional Representation: A Study in Methods of Election

by John H. Humphreys

IV. (1) The Clerk of the Legislative Assembly shall act as returning officer and shall, subject to these rules, do all things necessary for the conduct of the election.

(2) Two Assessors, not being Members of Parliament, shall be nominated, one by the President of the Legislative Council and one by the Speaker of the Legislative Assembly, who shall assist and advise the returning officer in his duties, both in respect, of the receiving of nominations and the conduct of the election. Immediately after the date fixed for the receipt of nominations the Assessors shall furnish the returning officer, for transmission to the Governor-in-Council, with a certificate stating whether or not they are satisfied that the nominations have been received in accordance with these regulations. Further, if either of the Assessors is for any reason dissatisfied with the conduct of the election he shall report his opinion, with the reasons therefor, in writing to the President of the Legislative Council and the Speaker of the Legislative Assembly, who, after consultation, may if they consider it necessary, order a recount to be made, and the returning officer shall act accordingly.

(3) Before entering on their duties the returning officer and the assessors shall be required to make oath or affirmation before the Speaker that they will faithfully and impartially discharge the duties of their offices according to the rules laid down herein, or such other rules as may be lawfully made.

(4) The returning officer shall furnish the Governor-in-Council with the names of the persons elected, and shall make to the President of the Legislative Council and the Speaker of the Legislative Assembly a complete return signed by himself showing the various steps of the election, and the result of the election. He shall also transmit to the Speaker of the Legislative Assembly a sealed packet containing the nominations, the actual ballot papers and the counterfoils, which shall be preserved for a period of at least twelve months. The Governor-in-Council shall notify by Proclamation the names of the persons duly elected.

V. (1) The voting shall be by ballot. The returning officer shall ascertain that the person desiring to vote is entitled to vote and shall enter his name upon the counterfoil in the ballot paper book, and shall then tear out the ballot paper corresponding to that counterfoil, and, having stamped the ballot paper with a perforating stamp provided for the purpose, shall hand it to the member. Every ballot paper shall contain the names and addresses of all the candidates duly nominated for election, printed in alphabetical order, in the form prescribed in the annexure hereto.

(2) When the member has received a ballot paper he shall take the paper to a compartment and desk provided for the purpose and signify in manner provided by the next succeeding section for whom he desires to vote. The member shall then fold the ballot paper so that the perforated mark may be visible, and having held up the ballot paper so that the returning officer can recognize the perforated mark, shall drop the ballot paper in the ballot box placed in front of the returning officer.

(3) If a member inadvertently spoils a ballot paper he may return it to the returning officer, who shall, if satisfied of such inadvertence, give him another paper and retain the spoiled paper, and this spoiled paper shall be immediately cancelled, and the fact of such cancellation shall be noted upon the counterfoil.

VI. Every member shall have one vote only. A member in giving his vote

(a) Must place on his ballot paper the figure 1 in the square opposite the name of the candidate, for whom he votes;

(b) May in addition place on his ballot paper the figure 2, or the figures 2 and 3, or 2, 3 and 4, and so on, in the squares opposite the names of other candidates in the order of his preference.