|
|||||||||||||||||||||||
|
Filling Casual
Vacancies after a PR Election |
|||||||||||||||||||||||
|
Ensuring Voters
Directly Elect All the Representatives: The
PRSA recommends that the important principle of direct election by the
electors of all the representatives, as also specified in Sections
7 and 24 of the
Australian Constitution for general and periodic elections, but unfortunately
not for filling Senate casual vacancies, whose filling is determined by
Section 15, aspects of
which regressed in 1977, be maintained in the
filling of casual vacancies by a prescribed re-examination of the ballots
cast at the election at which the vacating representatives were elected. It
is necessary for this that either the ballot-papers (manual count) or the
ballot files (computer count) be securely retained until the next general or
periodic election, and that expressions of interest in filling the vacancy,
and serving for the remainder of the vacating representative's term, be
invited from all the candidates at the last election that were unelected and
still remain eligible for election. The candidates that accept that
invitation and meet those criteria are termed consenting candidates. For
a countback
where a vacating candidate had a quota or more of first preference votes,
very little time is needed, but more time is required where that is not the
case, and the pattern of the vacating member's support is more fragmented.
The alternative, which is a full recount approach, gives an extremely quick,
impartial result that is, like countback, based entirely on the decisions recorded by the
voters at the same poll as filled the seat that has been vacated. An
organization’s electoral rules can be altered to provide for such recounts by
whichever method its Constitution prescribes, i.e. either a
referendum of electors, a general meeting, or a resolution of the governing
body. It is also desirable for the rules to include a default proviso that
the governing body should fill the vacancy if a countback or total recount is
not practicable for lack of consenting candidates, or other valid reason. The two alternative approaches for conducting that
re-examination are.
Political
Elections where Balance of Power is significant: The approach recommended here by the PRSA
is the countback approach as
prescribed for House of Assembly and muncipal council elections in
Tasmania, any PR municipal council
elections in Victoria, and Legislative Assembly
elections in the Australian Capital Territory. That approach
always results in the election of a candidate of the same political grouping
or party as the vacating candidate presented to the electorate at the
preceding general or periodic election, unless the voters have specifically
voted otherwise. In a countback, only the quota of votes that elected the
vacating representative is examined. Where the re-examination shows a
continuing candidate that gained, at that election, an absolute majority of
the next available preference votes after the preferences of the vacating
candidate at that election, that continuing candidate is declared elected to
fill that vacancy. If no candidate gains an absolute majority
then, the candidate with the fewest next available preference votes is declared
to be excluded, and that candidate's next available preference votes within
the quota of votes being re-examined are transferred to the remaining
continuing candidates. If a continuing candidate then gains an absolute
majority of next available preference votes, that candidate is declared to be
elected, but if no candidate does, the process of excluding the continuing
candidate with the lowest total of next available preference votes and
transferring that candidate's votes continues, and is repeated for successive
continuing candidates until one such candidate gains an absolute majority of
next available preference votes. Countback is less
time-consuming for manual counts of ballot-papers, as only one quota of votes
is involved; and it works best for maintaining the complexion and balance in
the spectrum of views reflected at the relevant original election. The countback scrutiny that first elected Dr Bob
Brown of the Greens Party to the Tasmanian House of Assembly to fill a seat
vacated by an Australian Democrat MHA was an exception to the normal
outcome where a candidate of the same party is elected, but it
shows how countback always faithfully
reflects the choices made by the voters at the election at which the vacating
candidate was elected. If a vacating member gained a quota or more
of first preference votes at the election at which that person was elected,
and if an organization used for the original election the economical computer-based
service PRSAV-T Inc. offers, and it authorizes PRSAV-T Inc. to
retain the computer files involved, until the next general or periodic
election, PRSAV-T Inc. will conduct a countback to fill such a casual vacancy during that time for no charge, as the computer
program readily enables that to be done in those special circumstances. The
result, with full details, can be provided by return email.
The alternative approach, which is more
time-consuming for manual counts, but is simple and straightforward for
computer-based counts, is that all the
votes cast at the election are examined, as is prescribed
for Legislative Council
elections in Western Australia, and for elections to the General Synod of
the Church of England in the UK since the 1920s. The only preferences that
are passed over are those for the vacating candidate, or candidates, and any
non-consenting candidates, who are those candidates that have not, by an
indicated date, notified in writing their willingness to be included in the
recount. A "savings provision" in the
prescription for this approach states that any non-vacating already-elected
candidate cannot be displaced by this recount. For manual counts this full
recount approach is more time-consuming than countback
by a factor similar to the number of candidates, and could, on some
occasions, be less likely to maintain the complexion and balance in the
spectrum of views mentioned above. However, if an organization uses for the
original election the economical computer-based service
PRSAV-T Inc. offers, and it authorizes PRSAV-T Inc. to retain the
computer files involved - until the next general or periodic election -
PRSAV-T Inc. will conduct a count to fill casual vacancies during that time for no charge, provided that the
full recount method is sought to be used, as the computer program readily
enables that to be done. The result, with full details, can be provided by
return email. The program that PRSAV-T Inc. uses does not yet provide for the
countback system to be used.
Filling of casual vacancies by countback
must be done by PRSAV-T Inc. manual counting at the hourly rates stated on the website
page about our vote-counting service. ---------- |