Electoral Act 2016

en · official · sha256:99f9a1044419017e82dff01380d75231fe8da927a043361fa680ade4f4c8be0b

82 Invalid ballot papers (1) Subject to subsection (2), a ballot paper is invalid if: (a) it is not authenticated by the initials of the presiding officer in accordance with Section 70(1); (b) it has no vote indicated on it or it does not indicate the voter’s first preference for one candidate and his or her contingent votes for all the remaining candidates; or (c) it has on it any mark or writing, not authorised by this Act to be put on it, by which, in the opinion of the Electoral Commission, the voter can be identified. [subs (1) am Act 18 of 2021 s 21, opn 14 Sep 2021] (2) Where there are 2 names specified on a ballot paper and a voter has indicated his or her vote on the ballot paper by placing the number ‘1’ in the square opposite to the name of 1 candidate and has left the other square blank, the ballot paper is not invalid by reason only of subsection (1)(b). (3) A voter is taken to have indicated that the voter’s preference for a candidate, that is, the ‘remaining candidate’, is the voter’s last preference if: (a) there are more than 2 names specified on a ballot paper; (b) the voter has indicated on the ballot paper his or her first preference for one candidate and his or her contingent votes for each other candidate except the remaining candidate; and (c) the square opposite the remaining candidate has been left blank. (4) Despite subsection (1)(c), a ballot paper is not invalid by reason only of the fact that a mark or writing has been placed on it by an Electoral Commissioner. 391,801 Service 1 Job: (unknown)/ron/allvols/serv4/RON.ELEC Page: 47 Date: 30/9/2025 Time: 19:11:2 bwpageid:: 391801:: LAWS OF THE REPUBLIC OF NAURU s 82 (5) A ballot paper is not invalid for any reason other than the reasons specified in this Section, but is to be given effect according to the voter’s intention so far as that intention is clear.

Referencing norms: BallotMarksLevel, BallotOfTheCount, CandidateLeftBlank, CandidatesStanding, EffectivePreferenceMarked, EffectivePreferenceTaken, InvalidIdentifyingMark, InvalidIncompletePreferences, InvalidNoVoteIndicated, InvalidNotAuthenticated, InvalidityGroundsAreExhaustive, PreferencesMarked, RemainingCandidateTakenAsLastPreference, ValidBallotPaper, ballot_cast_in, ballot_marks_level, ballot_of_the_count, bears_identifying_mark_not_placed_by_a_commissioner, candidate_left_blank, candidate_standing, candidates_standing, constituency, effective_preference, invalid_ballot_paper, not_authenticated_by_presiding_officer, preference_marked, preferences_marked, taken_to_be_last_preference, valid_ballot_paper

en · official · sha256:1b8ab18b7435c293f0e4c1e4caa9b8e7245d143a9bb043383f1e2c666ae1bdd8

84 Counting of votes in election (1) This Section and Section 85 apply to the counting of votes marked on valid ballot papers in any election. [subs (1) am Act 9 of 2017 s 4, opn 5 May 2017] (2) For each constituency, the Electoral Commission shall: (a) ascertain the total number of first preference votes, second preference votes and third preference votes, and so on, cast for each candidate and make a list of the total number of such preference votes; (b) give the value of a unit to each first preference vote, one half to each second preference vote, and so on, the value of each preference vote being the reciprocal of the number of the preference indicated by the voter; and (c) add the value of the votes for each candidate and make out and sign a statement specifying the total value of the preference votes for the candidate. [subs (2) am Act 18 of 2021 s 21, opn 14 Sep 2021]

Referencing norms: AddValueOfNextPreference, CandidateWithAscertainedTotal, CountedBallot, PreferenceLevelInUse, PreferenceVotes, TotalValueOfVotes, ValueOfFirstPreferences, candidate_with_ascertained_total, counted_ballot, preference_level_in_use, preference_votes, running_total, total_value_of_votes

en · official · sha256:6069ea90ec1e684acd2ffa874261551dabed5c761c87dd4fecb849178e88bd78

85 Determination of result of election (1) In a constituency returning 2 members, the 2 candidates receiving the highest total value of votes calculated under Section 84 are elected. (2) In a constituency returning 3 members, the 3 candidates receiving the highest total value of votes calculated in accordance with Section 84 are elected. (3) In a constituency returning 4 members, the 4 candidates receiving the highest total value of votes calculated in accordance with Section 84 are elected. Service 1 391,802 Job: (unknown)/ron/allvols/serv4/RON.ELEC Page: 48 Date: 30/9/2025 Time: 19:11:2 bwpageid:: 391802:: s 87 ELECTORAL ACT 2016 (4) Where 2 or more candidates receive an equal value of votes and one or more of the candidates shall be excluded, the Electoral Commission shall determine under Section 85A the candidate or candidates to be excluded. [subs (4) am Act 21 of 2019 s 5, opn 12 July 2019; Act 18 of 2021 s 21, opn 14 Sep 2021] (5) An automatic manual recount of votes shall occur if it is indicated that a candidate for any office was defeated or excluded by one-quarter of 1 percent or less of the valid votes cast for such office. [subs (5) insrt Act 6 of 2019 s 17, opn 10 May 2019]

Referencing norms: ComparableByEqualTotal, ComparableByHigherTotal, ComparableByLowerTotal, ElectedCandidateProjection, ElectedInFourMemberConstituency, ElectedInThreeMemberConstituency, ElectedInTwoMemberConstituency, ElectedMemberHoldsASeat, EqualTotalValue, HigherTotalValue, RelevantCandidate, comparable_total_value, elected_candidate, elected_member, equal_total_value, higher_total_value, manual_recount_required, members_returned, relevant_candidate

en · official · sha256:ef197eaf9e3d994b1ebd20c45c4812eb370f5bbc1014b3cbca94868664c7b30a

85A Determination of exclusion of candidate (1) In this Section, ‘relevant candidate’ means a candidate who may be excluded as a result of the Electoral Commission’s determination. [subs (1) am Act 18 of 2021 s 21, opn 14 Sep 2021] (2) Where the Electoral Commission is required, under Section 85(4), to determine a candidate or candidates to be excluded, the Electoral Commission shall: (a) in relation to each relevant candidate, deduct from the total value of the votes received by the candidate the value that was derived from last preference votes; (b) identify which of the relevant candidates has the highest remaining value of votes after making the deduction; and (c) exclude each other relevant candidate. [subs (2) am Act 18 of 2021 s 21, opn 14 Sep 2021] (3) Where, after making the deduction, the remaining value of votes for each of the relevant candidates remains equal, the Electoral Commission shall repeat the procedure of deduction in respect of second-last preference votes, third-last preference votes, and so on, until it is possible to identify one candidate with the highest remaining value of votes and to exclude the other relevant candidate or candidates. [subs (3) am Act 18 of 2021 s 21, opn 14 Sep 2021] (4) Where it is not possible to exclude any candidate under subsection (2) or (3) because the preference votes received by each of the relevant candidates are equal in every respect, the Electoral Commission shall determine by lot a candidate or candidates to be excluded, using a random method of selection such as: (a) tossing a coin; or (b) drawing the names out of a container in such manner that an Electoral Commissioner cannot see which names he or she is drawing. [subs (3) am Act 18 of 2021 s 21, opn 14 Sep 2021] (5) A determination by lot under subsection (4) shall be made in the presence of each of the relevant candidates and a police officer. [s 85A insrt Act X of 2018 s 5, opn 6 Mar 2018]

Referencing norms: DeductLastPreferenceValue, DeductNextPreferenceValue, DistinctRemainingValues, EqualInEveryRespect, EqualRemainingValue, ExcludeEachOtherRelevantCandidate, ExcludedByLot, ExcludedFromTheElectionProjection, FirstDeductionRequired, HigherRemainingValue, MayBeExcludedProjection, NextDeductionRequiredWhileEqual, RemainingValueSeen, SurvivesTheDeduction, ValueOfPreferenceLevel, deduction_round_performed, deduction_round_required, distinct_remaining_values, equal_in_every_respect, equal_remaining_value, excluded_candidate, excluded_from_the_election, higher_remaining_value, lot_excludes, lot_excludes/external, may_be_excluded, remaining_value, remaining_value_seen, survives_the_deduction, value_of_preference_level