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The Crofting Commission (Elections) (Scotland) Regulations 2011

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Crofting Commission (Elections) (Scotland) Regulations 2011 No. 456

Equality of votes: which candidate to be elected

This section has no associated Executive Note

47.—(1) This regulation applies to determine which candidate is elected under regulation 42—

(a)in a case where there are only 2 remaining candidates and they have an equal number of votes; or

(b)in the case of an election with only 2 candidates they receive an equal number of votes.

(2) Where paragraph (1)(a) applies, the candidate to be elected is—

(a)whichever of the remaining candidates was allocated the more votes in accordance with electors’ first preferences; or

(b)if that fails to resolve the tie, whichever of them had the more votes after the next stage of counting (if any),

and so on.

(3) Where paragraph (1)(a) applies but the tie is not resolved under paragraph (2), or where paragraph (1)(b) applies, the returning officer must decide by lot, as soon as reasonably practicable, which of the 2 candidates is to be elected.

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