[E-voting] Electoral rules

Joe McCarthy joe.mccarthy at arkaon.com
Thu Mar 16 09:52:35 GMT 2006


Hi Margaret,

My reading is that Rule 6(5)(c) is independent of sub rules (5)(a) and 
(b) which deal with tricky stuff.

The 1923 Rule 6(5)(c) is almost identical to Section 121(9) in the 1992 Act:

> ( c ) if there are two or more surpluses, each of which is less than 
> the difference between the numbers of votes credited to the two lowest 
> candidates, the greatest of such surpluses shall be first transferred 
> without regard to the count at which it arose.

> (9) Where at any time there are two or more surpluses which are
> to be transferred, the greater or greatest of such surpluses shall
> first be transferred and the remaining surplus or surpluses shall
> then, subject to subsection (8), be transferred in the order of
> their descending magnitude.

Each rule is based on size first.

To get to your question the 1923 Rule 6(5)(a) would have to be invoked.  
Then more than one surplus will later become available.  Then Rule 
6(5)(c) is used to decided the order (subject to complicated stuff for 
equal surpluses).  I think size of surplus governs these decisions both 
in the 1923 Act and the 1992 Act.

Did you notice the lovely contradiction in Section 121(11) of the 1992 
Act?  The draftsman left out the "equal" bit and nobody noticed.

> (11) Subject to subsections (8) and (9), where two or more
> candidates have a surplus arising from different counts, a surplus
> which arises at the end of any count shall be transferred before a
> surplus which arises at a subsequent count.

This completely turns the rule at (9) above on its head and had to be 
fixed in the 2001 Amendment Act!

> the substitution of the following subsection for subsection
> (11):
> ‘‘(11) Subject to subsections (8) and (9), where two or
> more candidates have each an equal surplus arising from
> different counts, a surplus which arises at the end of any
> count shall be transferred before a surplus which arises
> at a subsequent count.’’.

And remember these are the purported systems specifications for the 
Powervote counting software on which our elections are to depend.

--
Joe
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