Page:Australian Electoral Commission v Johnston.pdf/15

Hayne J

ballot paper and either deposits the paper in the ballot-box or, if voting as an absent voter, returns it to the presiding officer.

The effect of the detailed provisions made by s 273 is to provide for a single transferable vote system of proportional representation by which a candidate, at a half-Senate election, must obtain a quota of one-seventh of the available formal votes cast in the State, plus one, in order to be elected. If all available vacancies are not filled on a count of the first preferences, or on the transfer of the surplus votes of elected candidates beyond their quotas to the candidates next in the preferences indicated by the ballot paper, there is progressive exclusion of candidates with the fewest votes and the distribution of those candidates' preferences until six candidates have the required quota of votes.

Electors may express their preferences, "below the line", by writing the number "1" in the square opposite the name of the candidate for whom the person votes as his or her first preference and successive numbers in the squares opposite the names of all remaining candidates so as to indicate the order of the person's preferences.

Electors may express their preferences by voting "above the line", thus adopting a group or individual voting ticket lodged with the Australian Electoral Officer for the relevant State or Territory in accordance with s 211 or s 211A. The order of the electors' preferences is then determined in accordance with the relevant ticket.

Section 263 of the Act provides that "[t]he result of the polling shall be ascertained by scrutiny".

Section 273 provides for the manual scrutiny of votes in Senate elections and s 273A provides for the computerised scrutiny of votes in Senate elections.