Parliamentary Elections (Second Ballot) Act 1910 (NSW)

Act Ko. 18, 1910.

'Parltumentarij Elections {Second Ballot).

Act No. 18, 1910.

P a r i,iamf.n’t .\kv

E i,k<tio n s An Act to amend tlio l^ivliamentavy Electorates and Elections Act, 1902, and the Parlia­ m entary Elections Act, 1900 ; and for other

(Se i 'onii B allot).

purposes. [Ol.ŝ . 1910.]

“0 1 5 it enacted by the King’s iVEost Excellent Majesty, by and ivitli _ 0 the advice and consent of the Legislative Council and Legislative Assembly of New South rVales in Paidiament assembled, and by the authority of the same, as follmvs :—

PAllT I.

Breliminary.

Sliorl title. 1 . This Act may be cited as the “ Parliamentary Elections

(Second Ballot) Act,

This Act shall be construed with thi' Parliament ii'y Lh'ctorat('s and Elections Act. 1902 (luweiiuiftcr refcriH'd to as the Prircipal Act), and the i^arliamentary Elections Act, 190'i.

Second Ballot.

Klcctetl candidate

m ust receive an	2 . (1) Not w it hstandinir anything in the Principal .Act, no electoral district as the result of the' ballot taken at the poll under tin' Principal Act (hereinafter called tin' first ballot) unless he has received an absolute majority of votes.
absohUc m ajority of	candidate shall at any election be dcamied to be elected for any
votes.
(2) The expression " absolute majoi'ity of votes ” means a number of valid votes greater than one-half of the number of all IIk; valid votes recorded at the election, iueludinc,’ the casting-voh' of tin; returning officer when given in accordance with section ninety-eight of the Principal Act.
Secoml ballot.	3 . (1) If as the ri'siilt of the first ballot tlu 'rt't iiruing oiTicer finds that no candidate has reeeivi'd an absolnti' majority of votes, a second ballot shall be taken betwec'u the candidate Avho has received the highest number of votes and the candidate who has rcci'ived the next highest number of voles.

(2) Till' second ballot shall in all cases, and notwithstanding

any equality of votes, be taken between two candidates only.

(3) If no candidate has received an absolute majority of

votes, but two or more candidates have rcci'ived the same number of

votes, and it is necessary for the purposes of a second ballot to

determine

Act No. 18, 1910. 59

Parliamentary Elections {Second Ballot),

dotcrminc tlic order of ])reccdence of tliose candidates, the returniiu;' otFiccr sliall determine tlu' order of their precedence hy giving such casting vote or votes as may he necessary for this purpose to such of tliosc candidates as he tliiiiks fit, and the candidates at the second ballot shall he determined accordingly.

4 . (1) Except in the electoral districts mentioned in Schedule Date of sccomi

One hereto, the second ballot shall he taken on the seventh day after the close of the poll on the first ballot.

(2) In the electoral districts mentioned in the said Schedule hereto, the second ballot shall he taken on a day to he fixed hy procla­ mation of the Governor in the (iazette, not being less than fourteen nor more than twenty-one days after the close of the poll on the first ballot.

(8) The electoral districts referred to in the said Schedule are the (dcctoral districts as notified hy the Electoral Districts Commissioners.

5 . When the refurning officer finds as the result of the first of

ballot that a second ballot is reipiired in accordance with the foregoing'”......... " '

provisions, he shall thereupon make a public declaration to that effect

in the form contained in Schedule Two hereto, and shall as soon as

practicable thereafter give ]mhlic notice in such u(!ws])aper or

newsjiapers circulating in the electoral district, as he thinks fit, of tlie

day on which the second ballot is to he taken, and of the names of

candidates at that ballot.

6 . (1) The candidate who at the sf'cond ballot receives the' Kii'ctiiim.fcandi.iatc

higher number of votes shall hd declared to ho elected.	it sc. i.n,i )uiiut.
(2) If at the second ballot the candidates reci'ive an equal number of votes, the returning officer shall give his casting voti* in favor of one of the candidates, and that candidate shall he declaivd to be elected accordingly.

7 . Eor the purpose of the second ballot, the re turn ing officer Baiioi |Kiiins.

shall cause ballot-papers to he printed in accordance rvith the ])i'ovisions of section lorty-fivi' of the Parliamentary Elections Act, 190(5, sav(' that those papi'rs shall contain the names of those persons only who are candidates at the si'cond ballot.

8. At the second ballot the jiolling-places appointed for the I’niiing-piacos.

first ballot shall he used.

9 . I t shall not he lawful for any candidate at the s e c o n d Vamiidate may not

ballot to withdraw from tht' eh'ction. rcaaniliiaiiot.'''

1 0 . Subject to this Act, all the provisions of the Principal .Vppiiiaiion of

Act and the Parliamentary Pllections Act, 19.)(), with respect to d ballot or l̂oll under those Acts shall apply, with the necessary modi- tications, to a ballot or poll undtu' this Act.

60  Act Xo. 18, 1910.

Varliamcntarij Elections [Second Eallol).

R eturn of writ.

1 1 . Wlicn in ;iny election a second ballot is required to be taken by virtue of this Act, the time for the return of the writ may, by proclamation of the Governor in the Gazette, be extended to any day within ten days after tlie close of tlic poll on the second ballot, anything to the contrary in the Principal Act or in the tenor of the writ notwithstanding.

Electoral petition

12 . Nothing in the above provisions sliall affect the right of a person under Part V II of the Principal Act to present an electoral petition in respect of any first ballot, or the powers of the Committee of Elections and Qualifications in respect of any such petition ; and the provisions of the said Part shall, with the necessary modifications, extend and apply to every second ballot as in the case of a first ballot.

PART II.

Ixccision courts before general election.

Revision courts	13 . A revision court consisting of any stipendiary or police magistrate shall, before every general election, be held in each district to revise the supplemental I’olls for such district on a day and at a place to 1),' proclainu'1 not snonta-than twelve days nor later than eighteen days after tlu' issue of tiu' Avrits.
before general
election.
Exliibition of lists.	14 . The registrar and such dc])uty-r('gi.strars as there may be within each district shall as soon as practicable aft('r the day of the issue of the writs exhibit at their rc'spective otliccs, and at such other places within the district as the chid’ electoral olhcer directs, the said supplemental rolls for the polling-places of Avhich they have' charge.
Objections.	15 . (1) Any person may, by writing in duplicate, object to any name on the supphnncntal roll on any of the following groAinds:—

(a)	That the person named is not qualified to have his name on the roll.
(b)	That tln ̂person named does not reside or have his principal place of abode in the district.

(2) Every such objection must be lodged with the registrar or deputy-registrar, on whose roll the name objected to appears, VAuthin seven days before the holding of the revision court, and the duplicate copy of such objection shall fortliAvith bo sent by such registrar or dejmty-registrar to tbc person Avhose name has been objected to.

(3) Such registrar and deputy-registrar shall as early as possible, and at least three days before the sitting of the revision court, exhibit at their respective offices, and at such other places Avithin the district as the chief electoral officer directs, a list of the names of all

persons against Avhom (dejections have been so lodged. 16

Act No. IS, 1910.

Farliamcntarj/ Elections {Second Ballot).

1 6 .                 The revision eonrt sliall strike out or refuse to enrol the rowers of revision

names of any person slioivn—■

(a) to be (lead ;

(b) not to be qualified to have' bis name placed on the ro ll;

(c) to be disqualilied ;

(d) not to reside or to have bis jirineipal place of abode in tbe district;

and shall corn'ct mistakes and supjily omissions.

1 7 . (1) Tbc objcctoi' and the person whose name is objected to Hearing before

may appc'ar before tlu' revision court and be beard. If tbe objector or bis aifont does not appear tbe objc'elion shall be deenu'd to be invalid.

(2) If any (d)j(‘ctioii is not established tbe court may award to tbc person ivliose name is objected to a reasonable sum not exceeding' five pounds for costs, and such pc'rson may recover tbe sum so awarded in any court of compctc'nt jurisdiction as a debt due to him by tbe objector : Trovided that, where tbe objector is tbe rc'gistrar, (b'puty or assistant registrar, or any officer of police, this subsection shall not apply.

1 8 . The rc^'istrar and deputy registrar shall forward to tbc Documents to i>o

revision court, prior to tbe day proclaimed for tbc bolding of such court, all documents in their possession relating to tbe objections lodged as aforesaid against persons whose names appear on tbc siipplcimmtal rolls for the districts of which they have cbarg('.

1 9 . 'J'he Principal Act is aniencb'd as follows :— Amendment of

(a)

Siihs(‘ction one of st'ction tw('nty-one of tbe Principal Act is Principal Act. the following words:—“ or who has resided or had his jiriucipal place of abode within the Commonwcaltb of Australia for a continuous period of one year, and lias, during six months at least of sueb ])(u-iod, nesided or bad bis principal place of abode in New Soiitb Wales.”

(b)	Section fiftv-one, omit “ tbirtv-fiftb ” and substitute “ forty-
tiftb ” ‘ ■
(c)	Section tifty-six, omit “ eigbteentb ” substitute “ twenty- eigbtb ”

2 0 . The Parliamentary Elections Act, lt)0G, is amended in Amumimont of s. 13

section thirteen bv tbe omission of the words “ proclaimed in that

behalf.” ‘

2 1 . If the boundaries of any electoral district become altered Application of by virtue of any proclamation issued under tbe authority of tbe Seat bcumiarLtof̂ ^ of Government Acceptance Act, 1909, tbe provisions of tbe Pariia-district.s me altered

mentary Electorates and Elections Act, 1902, and tbc Parliamentary (jovtrmnent̂

Elections Act, 1900, and of this Act, shall apply as fully in respect of Acceptance Act.

tbe reduced area as to tbe original electoial district before tbe

alteration of such boundaries.

SCHEDULES.

62   Act No. 18, 1910.

Tarlkwicalurij FAecllons [Second Ballot).

SCHEDULES.

s r I IF. DU LE ONE.

Albuiy	Clydi', The	HawInsburv, The	Hi. h'.iiund, 'I'ho
Allowrio	Cobai'	Lachlan, The	Rous
Armidalo	Cootamundra	Liverpool Plains	Shorbrooko
Ashburnham	Corowa	iMacquarie, The	Singleton
Bathurst	llarling, Tlu'	Monai'o	iSturt
Bega	iJt'niliquin	INIudgee	Tamworth
Belubula	Durham	Murray, The	Tenterlield
Bingara	Gloucester	Murrumbidgee, The	U))per Hunter, The
Bla\’ney	Gough	Xamoi, The	"Wollondilly
Burraiigong	Goulburn	Xorthumberland	AVollongong
Camden	Gwydir, Th(>	Oiang(!	Wynyard
Castlereaglg 'I'lie	Hartley	Queaubej’an	Yass
Clarence, The	Hastings and Madeay	Raleigh

SCHEDULE TWO.

Declaralioti o f rosnll o f poll ayid nolifioahoii o f socond ballot.

I, A.B., returning officer of the Electoral district of , do hereby

declare the result of the poll taken on the day of , 111 , for the election of a member of the Legislative ;\.ssembly for the said district to be as fellows : —

Candidates. ^'utcs polled.

Total number of votes polled............ ......

Absolute majority required ................... Number of votes rejected as informal ...

And I further declare that, as no candidate has received .an absolute majoi'ily of votes, a second ballot will be taken.

{Si'jned] ' ,

Returning Olliccr.

Act