Part I Trade Unions
Chapter IV Elections for certain positions
Requirements to be satisfied with respect to elections
51 Voting.
1
The method of voting must be by the marking of a voting paper by the person voting.
2
Each voting paper must—
a
state the name of the independent scrutineer and clearly specify the address to which, and the date by which, it is to be returned,
b
be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the election, and
c
be marked with its number.
3
Every person who is entitled to vote at the election must—
a
be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and
b
so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.
4
So far as is reasonably practicable, every person who is entitled to vote at the election must—
a
have sent to him by post, at his home address or another address which he has requested the trade union in writing to treat as his postal address, a voting paper which either lists the candidates at the election or is accompanied by a separate list of those candidates; and
b
be given a convenient opportunity to vote by post.
5
The ballot shall be conducted so as to secure that—
a
so far as is reasonably practicable, those voting do so in secret, and
b
the votes given at the election are fairly and accurately counted.
For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the election.
6
The ballot shall be so conducted as to secure that the result of the election is determined solely by counting the number of votes cast directly for each candidate.
7
Nothing in subsection (6) shall be taken to prevent the system of voting used for the election being the single transferable vote, that is, a vote capable of being given so as to indicate the voter’s order of preference for the candidates and of being transferred to the next choice—
a
when it is not required to give a prior choice the necessary quota of votes, or
b
when, owing to the deficiency in the number of votes given for a prior choice, that choice is eliminated from the list of candidates.