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[F1SCHEDULE 1N.I.EUROPEAN PARLIAMENTARY ELECTIONS RULES

PART 3N.I.CONTESTED ELECTIONS

CHAPTER 4N.I.Counting of Votes

Interpretation of rules 53 to 63N.I.

52.  In rules 53 to 63—

“continuing candidate” means any candidate not deemed to be elected and not excluded [F2under rule 55 or 59];

“count” means all the operations involved in the counting of the first preferences recorded for candidates, the transfer of the surpluses of elected candidates, and the transfer of the votes of [F3candidates excluded under rule 55 or 59];

“deemed to be elected” means deemed to be elected for the purposes of counting the votes but without prejudice to the declaration of the result of the poll;

[F4“ineligible candidate” means a candidate in relation to whom the returning officer has, since the publication of the statement of candidates nominated, received—

(a)

where the candidate is a relevant citizen of the Union, information under rule 7A(4) that the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the member State of which the candidate is a national; or

(b)

a notice of withdrawal under rule 12.]

“mark” means a figure, a word written in the English language or a mark such as “X”;

“non-transferable vote” means a ballot paper—

(a)

on which no second or subsequent preference is recorded for a continuing candidate, or

(b)

which is excluded by the returning officer under rule 59(4);

“preference” as used in the following contexts has the meaning assigned below—

(a)

“first preference” means the figure “1” or any mark which clearly indicates a first (or only) preference;

(b)

“next available preference” means a preference which is the second or, as the case may be, subsequent preference recorded in consecutive order for a continuing candidate (any candidate who is deemed to be elected or is excluded [F5under rule 55 or 59] being ignored); and

(c)

in this context “second preference” is shown by the figure “2” or any mark which clearly indicates a second preference, a third preference by the figure “3” or any mark which clearly indicates a third preference, and so on;

“quota” means the number calculated in accordance with rule 56;

“stage of the count” means—

(a)

the determination of the first preference vote for each candidate; or

(b)

the transfer of a surplus of a candidate deemed to be elected; or

(c)

the exclusion of one or more candidates at any given time;

“surplus” means the number of votes by which the total number of votes for any candidate (whether first preference or transferred votes, or a combination of both) exceeds the quota; but references in these rules to the transfer of the surplus mean the transfer (at a transfer value) of all transferable papers from the candidate who has the surplus;

“transferable paper” means a ballot paper on which, following a first preference, a second preference or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferred vote” means a vote derived from a ballot paper on which a second or subsequent preference is recorded for the candidate to whom that paper has been transferred;

“transfer value” means the value of a transferred vote calculated in accordance with paragraph (4) or (7) of rule 57.]