SECOND BALLOT ACT.

Gisborne Times, Volume XXVI, Issue 2334, 28 October 1908, Page 5

SECOND BALLOT ACT.

ITS PROVISIONS EXPLAINED.

FACTiS FOR THE ELECTORS

No one at this moment can predict how many times the Second Ballot ® Act will need to be brought into operation as the -result of next election, but it is, of course, jiossible that in manv of the electorates the second ballot will h ive to be taken, an<l it will be well for the electors to carefully study its provisjpns. AN ILLUSTRATION. Unless at an election one of the candidates receives more than half the number of valid votes recorded, including the casting vote of the Returning Officer, -a second 1 ballot will have to be taken. For _ instance, the candidates are: Brown, Jones, and Robinson. Brown polls- 450, Jones )300, and Robinson 250. Brown, though at the head of the poll, is not returned, as out of the 1000 votes cast, he has not received the required" actual majority—sol. Therefore, the second ballot will be taken between Brown and Jones.

Again, if no candidate has received an absolute majority—say, 501 out of 1000 votes cast — but two or more candidates have received the same number of votes, the Returning Officer will have to give his casting vote to one of those candidates, so as thereby to give him an actual majority, and thus prepare the way for a second ballot. WHEN THE SECOND BALLOT WILL BE^TAKEN.

In the following electorates the second poll will he taken on the fourteenth day after the first- poll:—Bay of Islands, Bay of Plenty, Kaipara, Marsden, Motueka, Taum-arumii, Tauranga, Wakatipu, Wallace, and Westland.

In all other electorates, the second poll will he taken on the seventh day after the first one.

When in future the Representation Commission establishes new electoral districts, as it does every five years, it will determine whether the second ballot shall take place at an interval of seven or fourteen days.

When the Returning Officer finds that a second ballot is necessary, he must give full publicity in the newspapers of the fact, and of the day on which it will be taken. At the second ballot- the candidate who receives the highest number of votes will be elected. If the two candidates tie, the Returning Officer will settle the matter by his casting vote.

The same polling places will be used at the second ballot as were used at the first- poll. No candidate will be allowed to retire from the contest at the second ballot.

If a. candidate dies before the closing of the poll at the second ballot, the election will have to be commenced afresh, as under the present electoral law.

QUESTION OF RECOUNTS. In spite of the fact that a second ballot has to he taken, a candidate may demand -a recount of votes at the first poll. A recount may -also he demanded by any candidate who has reason to believe tliat he lias' been wrongly excluded from a second ballot. or that any candidate declared to be elected has not received an absolute majority of votes. The candidates at the second ballot may also demand a recount of the votes taken at the second ballot.

If at a recount in respect of the first ballot, the magistrate finds t-fiat any candidate did really get an absolute majority, tlie second ballot will be abandoned.

If on any recount in respect of tlie first billot, the magistrate finds that a candidate who was; declared to be elected bad not received an absolute majority, a second ballot will be taken. If. as the result of a recount, it is found that, the second ballot has beentaken between the wrong candidates, another second ballot will have to be taken between the two .proper candidate'.. PETITIONS. The. Act does not affect the present law regarding election petitions, but it 4s extended to the second ballot. Further. it is provided that if, as tbo result of an election petition, the court is of opinion that the second ballot is void, and that no candid itc was entitled to be elected at the first ballot, tlie court will declare the whole election to be void.

If, however, the court finds that the second ballot is void, and that a candidate at the first poll was entitled to be declared elected, the court will declare that candidate elected. The total expenses of a candidate, at a second ballot must not exceed £oo. and they will' be paid out of tlie Consolidated Fund.

The Act docs not apply to Maori elections, nor will it affect the local option poll.