Australian Capital Territory Numbered Acts

ELECTORAL AMENDMENT ACT 2015 (NO. 5 OF 2015) - SECT 60

substitute

    (2)     If 2 or more candidates each have the same total votes, being fewer total votes than any other candidate and—

        (a)     1 of the candidates had fewer total votes than any other of the candidates at the last count—that candidate is excluded; or

        (b)     2 or more of the candidates have the same total votes, being a total fewer than that of any other candidate (a non-tied candidate ) at the last count—each non-tied candidate is no longer considered under this clause and—

              (i)     paragraph (a) and this paragraph are applied to each preceding count until 1 candidate is excluded; or

              (ii)     if 1 candidate cannot be excluded by applying paragraph (a) and this paragraph to the preceding count—the candidate who is determined by the commissioner by lot is excluded.