(3) If the number of nominations received is less than the number of vacancies to be filled, the Governor-in-Council shall by Proclamation call for further nominations to be made on or before a date to be fixed therein. If the number of nominations received on the original date, or such further date as may be fixed, is equal to the number of vacancies to be filled, the Governor-in-Council shall by Proclamation declare the candidates so nominated to be duly elected.

(4) If the number of candidates nominated as aforesaid exceeds the number of vacancies to be filled, the Governor-in-Council shall by Proclamation summon a joint sitting of both Houses of the Legislature for the purpose of electing candidates to fill the vacancies in the manner prescribed in these regulations. Such sitting shall be continued for a period to be fixed in the Proclamation, not being less than two hours, and no member shall be allowed to vote except during the continuation of such sitting. Provided, however, that if all the members of the Legislature have voted before the expiration of the said period of two hours, the Speaker may close the sitting.

III. Each member of the Legislature present shall vote in person, and no voting by proxy shall be permitted.

IV. (1) The Clerk of the Legislative Assembly shall act as returning officer and shall, subject to these rules, do all things necessary for the conduct of the election.

(2) Two Assessors, not being Members of Parliament, shall be nominated, one by the President of the Legislative Council and one by the Speaker of the Legislative Assembly, who shall assist and advise the returning officer in his duties, both in respect, of the receiving of nominations and the conduct of the election. Immediately after the date fixed for the receipt of nominations the Assessors shall furnish the returning officer, for transmission to the Governor-in-Council, with a certificate stating whether or not they are satisfied that the nominations have been received in accordance with these regulations. Further, if either of the Assessors is for any reason dissatisfied with the conduct of the election he shall report his opinion, with the reasons therefor, in writing to the President of the Legislative Council and the Speaker of the Legislative Assembly, who, after consultation, may if they consider it necessary, order a recount to be made, and the returning officer shall act accordingly.

(3) Before entering on their duties the returning officer and the assessors shall be required to make oath or affirmation before the Speaker that they will faithfully and impartially discharge the duties of their offices according to the rules laid down herein, or such other rules as may be lawfully made.

(4) The returning officer shall furnish the Governor-in-Council with the names of the persons elected, and shall make to the President of the Legislative Council and the Speaker of the Legislative Assembly a complete return signed by himself showing the various steps of the election, and the result of the election. He shall also transmit to the Speaker of the Legislative Assembly a sealed packet containing the nominations, the actual ballot papers and the counterfoils, which shall be preserved for a period of at least twelve months. The Governor-in-Council shall notify by Proclamation the names of the persons duly elected.

V. (1) The voting shall be by ballot. The returning officer shall ascertain that the person desiring to vote is entitled to vote and shall enter his name upon the counterfoil in the ballot paper book, and shall then tear out the ballot paper corresponding to that counterfoil, and, having stamped the ballot paper with a perforating stamp provided for the purpose, shall hand it to the member. Every ballot paper shall contain the names and addresses of all the candidates duly nominated for election, printed in alphabetical order, in the form prescribed in the annexure hereto.

(2) When the member has received a ballot paper he shall take the paper to a compartment and desk provided for the purpose and signify in manner provided by the next succeeding section for whom he desires to vote. The member shall then fold the ballot paper so that the perforated mark may be visible, and having held up the ballot paper so that the returning officer can recognize the perforated mark, shall drop the ballot paper in the ballot box placed in front of the returning officer.

(3) If a member inadvertently spoils a ballot paper he may return it to the returning officer, who shall, if satisfied of such inadvertence, give him another paper and retain the spoiled paper, and this spoiled paper shall be immediately cancelled, and the fact of such cancellation shall be noted upon the counterfoil.

VI. Every member shall have one vote only. A member in giving his vote

(a) Must place on his ballot paper the figure 1 in the square opposite the name of the candidate, for whom he votes;

(b) May in addition place on his ballot paper the figure 2, or the figures 2 and 3, or 2, 3 and 4, and so on, in the squares opposite the names of other candidates in the order of his preference.

VII. A ballot paper shall be invalid

(a) Upon which a member signs his name or writes any word, or makes any mark by which it becomes recognizable; or

(b) Which does not bear the perforated mark; or

(c) On which the figure 1 is not marked; or

(d) On which the figure 1 is set opposite the name of more than one candidate; or

(e) On which the figure 1 and some other figure is set opposite the name of the same candidate; or

(f) Which is unmarked or void for uncertainty.

VIII. In carrying out these rules the returning officer shall

(a) Disregard all fractions;

(b) Ignore all preferences recorded for candidates already elected or excluded from the poll.

IX. The ballot papers shall be examined and the returning officer, after rejecting any invalid ballot papers, shall divide the remaining papers into parcels according to the first preferences recorded for each candidate. He shall then count the number of papers in each parcel.

X. For the purpose of facilitating the processes prescribed by these regulations, each valid ballot paper shall be deemed to be of the value of one hundred.[2]

XI. The returning officer shall then add together the values of the papers in all the parcels and divide the total by a number exceeding by one the number of vacancies to be filled, and the result increased by one shall be the number sufficient to secure the return of a candidate, herein called the "quota."

XII. If at any time under these regulations a number of candidates equal to the number of persons to be elected has obtained the quota, such candidates shall be treated as elected and no further steps shall be taken.

XIII. (1) Any candidate the value of whose parcel, on the first preferences being counted, is equal to or greater than the quota, shall be declared elected.

(2) If the value of the papers in any such parcel is equal to the quota, the papers shall be set aside as finally dealt with.

(3) If the value of the papers in any such parcel is greater than the quota, the surplus shall be transferred to the continuing candidates indicated on the ballot papers as next in the order of the voters' preference, in the manner prescribed in the following regulation.

XIV. (1) If and whenever as the result of any operation prescribed by these regulations a candidate has a surplus, that surplus shall be transferred in accordance with the provisions of this regulation.

(2) If more than one candidate has a surplus the largest surplus shall be dealt with first and the others in order of magnitude; provided that every surplus arising on the first count of votes shall be dealt with before those arising on the second count, and so on.

(3) Where two or more surpluses are equal the returning officer shall decide according to the terms of regulation XIX., which shall first be dealt with.

(4) (a) If the surplus of any candidate to be transferred arises from original votes only, the returning officer shall examine all the papers in the parcel belonging to the candidate whose surplus is to be transferred, and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall also make a separate sub-parcel of the exhausted papers.

(b) He shall ascertain the value of the papers in each sub-parcel and of all the unexhausted papers.

(c) If the value of the unexhausted papers is equal to or less than the surplus, he shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred.

(d) If the value of the unexhausted papers is greater than the surplus, he shall transfer the sub-parcels of unexhausted papers, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.

(5) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the returning officer shall re-examine all the papers in the sub-parcel last transferred to the candidate and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall thereupon deal with the sub-parcels in the same manner as is provided in the case of the sub-parcels referred to in the last preceding subsection.

(6) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.

(7) All papers in the parcel or sub-parcels of an elected candidate not transferred under this regulation shall be set aside as finally dealt with.

XV. (1) If after all surpluses have been transferred, as hereinbefore directed, less than the number of candidates required has been elected, the returning officer shall exclude from the poll the candidate lowest on the poll, and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon. Any exhausted papers shall be set aside as finally dealt with.

(2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.

(3) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which, and at the value of which, he obtained them.

(4) Each of such transfers shall be deemed to be a separate transfer.

(5) The process directed by this regulation shall be repeated on the successive exclusions one after another of the candidates lowest on the poll, until the last vacancy is filled either by the election of a candidate with the quota, or as hereinafter provided.

XVI. If as the result of a transfer of papers under these regulations the value of the votes obtained by a candidate is equal to or greater than the quota, the transfer then proceeding shall be completed, but no further papers shall be transferred to him.

XVII. (1) If after the completion of any transfer under these regulations the value of the votes of any candidate shall be equal to or greater than the quota, he shall be declared elected.

(2) If the value of the votes of any such candidate shall be equal to the quota, the whole of the papers on which such votes are recorded shall be set aside as finally dealt with.

(3) If the value of the votes of any such candidate shall be greater than the quota, his surplus shall thereupon be distributed in the manner hereinbefore provided, before the exclusion of any other candidate.

XVIII. (1) When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected.

(2) When only one vacancy remains unfilled and the value of the votes of some one continuing candidate exceeds the total value of all the votes of the other continuing candidates, together with any surplus not transferred, that candidate shall be declared elected.

(3) When only one vacancy remains unfilled and there are only two continuing candidates, and those two candidates have each the same value of votes and no surplus remains capable of transfer, one candidate shall be declared excluded under the next succeeding regulation, and the other declared elected.

XIX. If when there is more than one surplus to distribute, two or more surpluses are equal, or if at any time it become necessary to exclude a candidate and two or more candidates have the same value of votes and are lowest on the poll, regard shall be had to the original votes of each candidate, and the candidate for whom fewest original votes are recorded shall have his surplus first distributed or shall be first excluded as the case may be. If the values of their original votes are equal the returning officer shall decide by lot which candidate shall have his surplus distributed or be excluded.

ANNEXURE A

FORM OF FRONT OF BALLOT PAPER

Counterfoil Order of Names of Candidates. No......... Preference JOHN BROWN Address............................ The counterfoil must show the number JAMES THOMSON corresponding to that on the back Address............................ of the ballot paper. ALFRED JAMES Address............................ HENRY JONES Address............................ ISAAC LEVY Address............................ PAUL MAYNARD Address............................ JOHANNES OOSTHUIZEN Address............................ HERBERT PAIN Address............................ GEORGE ROBINSON Address............................ JACOBUS SMIT Address............................ PETRUS VAN DER SPUY Address............................

Instructions to Members

[Printed below the List of Candidates on the Ballot Paper shown on opposite page

A. Each member has one vote, and one vote only.

B. The member votes—

(a) By placing the figure "1" opposite the name of the candidate he likes best.

He is also invited to place

(b) The figure "2" opposite the name of his second choice.

(c) The figure "3" opposite the name of his third choice, and so on, numbering as many candidates as he pleases in order of his preference. The number of preferences is not necessarily restricted to the number of vacancies.

N.B.—The vote will be spoilt if the figure "1" is placed opposite the name of more than one candidate.

[A number is printed on the back of the ballot paper corresponding with that on the counterfoil.]

ANNEXURE C

ILLUSTRATIVE ELECTION

Example of an Election conducted on the system of the single transferable vote in accordance with the preceding regulations

Reg. IX.

Assuming that there are eight members to be elected, sixteen candidates, and eighty-four electors.

The valid ballot papers are arranged in separate parcels according to the first preference recorded for each candidate, and the papers in each parcel counted. Let it be assumed that the result is as follows:—

A 3 J 4 B 13 K 4 C 4 L 3 D 2 M 4 E 19 N 4 F 5 O 3 G 5 P 2 H 3 — I 6 84

Reg. X.

Each valid ballot paper is deemed to be of the value of one hundred, and the values of the votes obtained by the respective candidates are as shown in the first column of the result sheet.

Reg. XI.

The value of all the papers are added together and the total, 8400, is divided by nine (i.e. the number which exceeds by one the number of vacancies to be filled), and 934 (i.e. the quotient, 933, increased by one) is the number sufficient to secure the return of a member, and is called the quota. The operation may be shown thus:— Quota = 8400/9 + 1 = 933 + 1 = 934.

Reg. XIII. (1).]

The candidates B and E, the values of whose votes exceed the quota, are declared elected.

Reg. XIII. (3). Transfer of surplus.]

As the values of the papers in the parcels of B and E exceed the quota, the surplus of each candidate must be transferred. B's surplus is 366 (i.e. 1300 less 934), and E's surplus is 966 (i.e. 1900 less 934).

Reg. XIV. (2).]

The largest surplus, that of E, is dealt with first.

Reg. XIV. (4)(a).]

The surplus arises from original votes, and therefore the whole of E's papers are divided into sub-parcels according to the next preferences recorded thereon, a separate parcel of the exhausted papers being also made. Let it be assumed that the result is as follows:

G is marked as next available preference on 10 papers. H " " 5 " L " " 3 " — Total of unexhausted papers 18 No. of exhausted papers 1 — Total of papers 19

Reg. XIV. (4)(b).]

The values of the papers in the sub-parcels are as follows:—

G 1,000 H 500 L 300 ——- Total value of unexhausted papers 1,800 Value of exhausted papers 100 ——- Total value 1,900

Reg. XIV. (4)(d).]

The value of the unexhausted papers is 1800, and is greater than the surplus. This surplus is therefore transferred as follows:—All the papers unexhausted are transferred, but at a reduced value, which is ascertained by dividing the surplus by the number of unexhausted papers. The reduced value of all the unexhausted papers, when added together, with the addition of any value lost as the result of the neglect of fractions, equals the surplus. In this case the new value of each paper transferred is 966 (the surplus)/ 18 (the number of unexhausted papers) = 53, the residue of the value, 47, being required by E for the purpose of constituting his quota.

The values of the sub-parcels transferred are:—

G = 530 (i.e. 10 papers at the value of 53) H = 265 (i.e. 5 " " ) L = 159 (i.e. 3 " " )

These operations can be shown on a transfer sheet as follows:

TRANSFER SHEET

Value of surplus (E's) to be transferred 966 No. of papers in E's parcel 19 Value of each paper in parcel 100 No. of unexhausted papers 18 Value of unexhausted papers 1,800

New value of each paper transferred =

Surplus 966 / No. of unexhausted papers 18 = 53

Names of Candidates marked as the No. of Papers Value of Sub-parcel next available Preference. to be to be Transferred Transferred G 10 530 H 5 265 L 3 159

Totals 18 954

No. of exhausted papers 1 —- Loss of value owing to neglect of fractions — 12

Totals 19 966

The values of the sub-parcels are added to the values of the votes already credited to the candidates G, H, L. This operation is shown on the result sheet.

As a result of this operation G's total is brought above the quota, and he is declared elected.

Reg. XIV. (2).]

The next largest surplus, that of B, viz. 366, is then transferred, the operations being similar to those described in the transfer of E's surplus. Assume that there are no unexhausted papers. The new value is therefore 366 / 13 or 28. The surplus is distributed according to next preferences, as follows:

A = (7 x 28) = 196 C = (6 x 28) = 168 Value lost owing to neglect of fractions 2 —— Total ... 366

Reg XIV. (5).

G's surplus has now to be transferred, only the sub-parcel last transferred being re-examined. The details are as follows:—

Value of G's surplus 96 No. of papers in sub-parcel 10 Value of each paper therein 53 No. of unexhausted papers 10 Value of unexhausted papers 530

New value of each paper transferred = 96/10 = 9

The result of the distribution is shown on the result sheet, five papers of the value of nine each being transferred to A, and five of the same value to O.

Reg. XV. (1).

There being no further surplus, the candidate lowest on the poll has now to be excluded. D and P both have 200.

Reg. XIX.

The returning officer casts lots, and P is chosen to be excluded.

Reg. XV. (1).

Being original votes the two papers are transferred at the value of 100 each, as shown in the result sheet, 100 going to L and 100 to N. D, now being lowest, is then excluded in the same way, 100 going to H and 100 to J, all transfers being made to the next preference as marked by the elector.

O now being lowest with 345, is next excluded.

Reg. XV. (2).

300 being the value of original votes, the three corresponding papers are transferred at the value of 100 each to K.

Reg. XV. (3).

45 being the value of transferred votes, the five corresponding papers are transferred at the value of 9 each to N.

M is then excluded; his papers represent original votes and are transferred to F. J is then excluded; of the 500 credited to him, 400 come from original and 100 from transferred papers, but the value of the latter being 100, all five papers are transferred at that value, 300 going to I and 200 to H.

A is then excluded, the value of his votes being as follows:—

Original 300 Transferred 196 " 45

The 300 original go to L.

The 196 transferred representing 7 papers of the value of 28 each, and the 45 representing 5 papers of the value of 9 each, all go to N.

C is then excluded, the value of his votes being as follows:—

Original 400 Transferred 168

The original go 300 to K and 100 to I, and the transferred go 84 to L and 84 to H.

H, I, K, and L now exceed the quota, and are declared elected. Seven seats are now filled.

Reg. XIX.

I and K now both have a surplus of 66, which surpluses have to be transferred. I having had 600 from original votes, and K 400, K's surplus is first distributed.

Reg. XIV. (5).

The last sub-parcel of the value of 300 is dealt with, and the whole surplus 66 goes to F, he being the next preference on all three papers.

F then has the quota and is declared elected. The election is now completed, the full details being shown on the accompanying result sheet.

RESULT SHEET Number of Votes 84 Number of Members to Elect 8 8,400 Value of Votes 8,400 Quota ——- + 1 = 934 9

Column headings: 1: Names of Candidates 2: Value of Votes at 1st Count. 3: Distribution of E's Surplus. 4: Result. 5: Distribution of B's Surplus. 6: Result. 7: Distribution of G's Surplus. 8: Result. 9: Distribution of P's and D's Votes. 10: Result. 11: Distribution of O's and M's Votes. 12: Result. 13: Distribution of J's and A's Votes. 14: Result. 15: Distribution of C's Votes. 16: Result. 17: Distribution of K's Surplus. 18: Result. (E: Elected, NE: Not elected)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A 300 300+196=496+45=451 541 541-541 — — — B 1,300 1,300-366=934 934 934 934 934 934 934 E C 400 400+168=568 568 568 568 568-568 — — D 200 200 200 200-200 — — — — — E 1,900-966=934 934 934 934 934 934 934 934 E F 500 500 500 500 500+400=900 900 900+66=966 E G 500+530=1,030 1,030-96=934 934 934 934 934 934 E H 300+265= 565 565 565+100=665 665+200=865 +84= 949 949 E I 600 600 600 600 600 600+300=900+100=1,000 1,000 E J 400 400 400 400+100=500 500-500 — — - K 400 400 400 400 400+300=700 700+300=1,000-66=934 E L 300+159= 459 459 459+100=559 — 559+300=859 +84= 943 934 E M 400 400 400 400 400 400-400 — — — N 400 400 400 400+100=500 +45=545+241=786 786 786NE O 300 300 300+45=345 345-345 — — — — P 200 200 200 200-200 — — — — — Value of exhausted papers

Loss of value owing to neglect of fractions +12 = 12 +2= 14 +6= 20 — 20 - 20 — 20 — 20 — 20

Totals 8,400 8,400 8,400 8,400 8,400 8,400 8,400 8,400 8,400

[Footnote 1: The fact that a voter has not marked every preference correctly does not invalidate the whole of his preferences. His paper is only treated as exhausted when the wrongly marked preference is reached.

The following are examples:—

{ A 1 { A 1 { B 2 { B 2 (1) { C 3 (2) { C 3 { D 3 { D 5 { E 4 { E 6 { F -

In case (1) the preferences for A and B would be valid. If the third preference were reached the paper would be treated as exhausted, as it would be impossible to say for which candidate the voter really intended to give his third preference. In case (2) the preferences for A, B and C would be valid, but not the later ones, whether D had been elected or excluded or was still a continuing candidate. It is possible that the voter meant to give a fourth preference for some other candidate, e.g. F, but omitted to do so. It would not be possible to treat 5 as being meant to be 4.]

[Footnote 2: In small elections certain difficulties arise which are not present in the case of large elections.

(a) The quota becomes too large if calculated in the ordinary way. Assume that 27 electors are to elect 8 candidates. Then the quota is 27/(8+1) + 1 = 4. But 8 x 4 = 32.

There are not enough quotas to go round and difficulties would arise. The addition of 1 in the case of so small a number makes the quota disproportionately big. For this reason it is advisable to treat each paper as of the value of one hundred. In the case of the Transvaal the quota instead of being 84/(8+1) + 1 = 10 will be 8400/(8+1) + 1 = 934.

(b) The disregard of fractions in the case of small numbers may mean the waste of several votes. Take the following example:—

Seat to be filled, 8 Electors 25 Quota = 25/(8+1) + 1 = 3

First Count A 10 B 3 C 3 D E 2 F 1 G 1 H 1 I 1 J 1

A having 10 has a surplus of 7, which has to be distributed. According to the usual rule A's 10 votes are examined and the surplus is distributed in proportion to the next preferences. The preferences are as follows:—

For B....... 5 " C....... 2 " F....... 1 " G....... 1 " H....... 1

Each of these numbers must be multiplied by 7/10, i.e. the surplus over the number of unexhausted votes, and the following votes are transferred:—

To B.......3-1/2 " C.......1-2/5 " F.......7/10 " G.......7/10 " H.......7/10

The fractions which are ignored amount to 3 votes, which are consequently wasted. This difficulty is overcome by increasing the value of the papers to one hundred, or in other words by working out the results to two places of decimals.

(c) In a small election at the several stages there may be two or more candidates at the bottom with an equal number of votes. Resort has to be had to lot to decide which is to be eliminated. If the papers are raised to the value of one hundred this difficulty is much less likely to occur after the first count.]

APPENDIX X

LIST SYSTEM: BILL PRESENTED TO THE FRENCH CHAMBER OF DEPUTIES, 1907

The Commission du Suffrage Universel, a committee of the Chamber of Deputies, made a careful comparison of the various Bills which had been submitted to the Chamber for the purpose of securing the proportional representation of the electors. The Commission in their report,[1] which was issued in March 1907, recommended the adoption of the Bill, of which a free translation is given below.

The essential features of this measure, which has received the support of the leading advocates of proportional representation, are: (1) The allotment of seats to lists in accordance with the d'Hondt, or Belgian rule (Art. 8); (2) the use of the cumulative vote in determining the relative position of candidates (Art. 6). The elector is given as many votes as there are members to be elected, which he may cumulate upon any one or distribute among several candidates. The elector is not restricted in his choice of candidates to any one list.

Text of the Bill

(1) Members of the Chamber of Deputies shall be elected on the list system (scrutin de liste) in accordance with the scheme of proportional representation hereinafter stated. There shall be no second ballot.

(2) Each department shall elect one deputy for every 75,000 inhabitants. A remainder of 25,000, or more, inhabitants shall be reckoned as 75,000.

(3) A department shall form a single constituency, provided that where a department would elect more than ten deputies, it shall be divided into two or more constituencies, as determined by law hereafter.

(4) A "list" is constituted by a group of candidates who (after making the declaration prescribed by Article 2 of the Law of 17 July 1889) jointly appeal for the support of the electors.

A list shall not include a larger number of names than there are deputies to be elected in the constituency, but it may contain a smaller number. An independent candidate shall be reckoned as a distinct list.

(5) Each list shall be delivered at the prefecture at any time after the commencement of the electoral period, and at the latest ten clear days before polling day. It shall be registered and numbered at the prefecture, and a receipt for it shall be given to each candidate.

The name of a candidate shall not be registered unless he has signed the list. A list with more candidates than there are deputies to be elected shall not be accepted for registration.

A candidate whose name appears on one list shall not be entered on another unless he has notified the prefecture by writing under his hand, duly attested, that he retires from the former list, in which case his name shall be at once removed from the former list.

Twenty-four hours before the opening of the poll the prefect shall cause each registered list with the number thereto given to be posted on the doors of the polling station.

(6) An elector has as many votes as there are deputies to be elected in his constituency.

He may give all or any of his votes to the same candidate.

The reports of the local returning officer at each polling station shall state the number of votes obtained by each candidate. (7) A Central Board (Commission de recensement) shall collect the reports of the local returning officers, and ascertain the electoral total of each list, and allot the seats among the lists in proportion thereto.

The electoral total of a list is the sum of the votes given to the candidates whose names appear thereon.

(8) For the purpose of allotting the seats, each electoral total shall be divided by the figures 1, 2, 3, 4, and so on up to the number of vacancies, and as many of the resulting quotients as there are vacancies shall be arranged in order of size, beginning with the largest. The smallest of these quotients so arranged, corresponding to the last seat to be filled, shall be used as the common divisor, and to every list shall be allotted a number of deputies equal to the number of times which its electoral total contains the common divisor.

(9) Within each list the seats shall be assigned to the candidates who have the largest numbers of votes; in case of an equality of votes, the eldest candidate shall be elected.

(10) If two or more lists have an equal right to a seat, it shall be allotted as between the competing candidates to that one who has received the greater number of votes, and if those votes are equal the eldest candidate shall be elected.

(11) The unelected candidates of each list with the greatest number of votes shall be classed as first, second, and third substitutes (suppleants), and so on.

If any vacancy shall occur by death, resignation, or otherwise, the substitutes shall be summoned in their classified order to fill the places of the elected members of the list to which they are attached, provided that at the time of summons they are in the enjoyment of their political rights.

(12) If more than six months before the end of a Parliament, the representation of a constituency is diminished by one-fourth and there is no substitute who can be declared elected, bye-elections to fill the vacant seats shall be held in that constituency. (13) The present law shall extend to Algeria. Nothing in this law shall affect the representation of the Colonies.

NOTE.—Since the introduction of this Bill several other proposals have been considered by the Commission du Suffrage Universel. The draft Bill proposed in the last report (March 1911) is not based so strictly upon proportional principles as the measure given above.

The points of difference may be summarised as follows:—

(a) The use of the cumulative vote is retained (Art. 6), but there is a change in the method of allotting seats to various lists (Art. 8). The new method of allotment is as follows: an "electoral quotient" is found by dividing the number of voters by the number of vacancies, and as many seats are allotted to each list as the number of voters supporting a list contains this quotient. Since each voter has as many votes as there are seats to be filled, the number of voters supporting a list is determined arbitrarily by dividing the total number of votes cast for the list by the number of vacancies.

If there are any seats not allotted by this distribution they are awarded to any list which obtains an absolute majority of the votes. Should no party obtain an absolute majority, the remaining seats are allotted to the various lists in accordance with the method described in the succeeding Appendix. This method leads to the same distribution of seats as the d'Hondt rule.

(b) The Bill recognises an important new principle in permitting apparentement des listes. Parties may unite for the purpose of presenting lists in combination, and the lists so presented are treated for the purpose of the allotment of seats as if they emanated from one party. This is an elastic form of the Belgian "cartel," allowing parties to act together without loss of individuality. The seats won by any such cartel are allotted to the various lists composing the cartel in accordance with the second of the methods described in the previous paragraph.

[Footnote 1: Chambre des Deputes, Neuvieme Legislature: 1907, No. 883. See note as to further report, March 1911, at end of Bill.]

APPENDIX XI

LIST SYSTEM: LAW ADOPTED BY THE CANTON OF BALE TOWN, 1905

The special features of the following law are as follows:—

(1) The partial use of the cumulative vote in determining the relative position of candidates (sec. 9).

(2) The allotment of seats to lists in accordance with the rule formulated by Professor Hagenbach-Bischoff (sec. 13).

The provisions for bye-elections are contained in sections 17 to 20.

(1) The elector is supplied three days before the election with copies of the various party lists; he is given as many votes as there are members to be elected; he may strike out any names and insert others in any of the lists supplied to him, or compose his own list; he may repeat the name of the same candidate three times, but no more; but in no case may the total number of names exceed the number of members to be elected.

(2) The Hagenbach-Bischoff rule, like the d'Hondt rule, aims at finding an electoral quotient which will allow all the seats to be allotted to the different parties without remainder. In the former rule this is found by trial. The following example explains its mechanism:—

Suppose, in an election for sixteen seats, five lists have obtained votes as follows:—

List. Votes. A 5,537 B 9,507 C 3,885 D 4,769 E 377 ———- Total 24,075

The first quota is ascertained as prescribed in section 11. The number of votes is divided by one more than the number of vacancies, and the result is increased by one, thus:—

24075/(16+1) + 1 = 1417

It will be observed that this quota is identical with the Droop quota of the single transferable vote system. The totals obtained by each list are divided by this quota, as many representatives being allotted to each list as the list contains the quota. Remainders are ignored.

Lists. Votes. Quota. Representatives. A 5,537 / 1,417 3 B 9,507 / 1,417 6 C 3,885 / 1,417 2 D 4,769 / 1,417 3 E 377 / 1,417 0 — Total 14

Only fourteen out of sixteen seats have been allotted in this operation. It is obvious that the quota is too large, and a smaller quota is ascertained in the following way. The number of votes for each list is divided by one more than the number of members already assigned to such list, and the first seat still to be disposed of is allotted to that list which has the largest quotient. The following table shows the process:—

Lists. Votes. Quotient. Representatives. A 5,537 / 4 1,384 4 B 9,507 / 7 1,358 6 C 3,885 / 3 1,295 2 D 4,769 / 4 1,192 3 E 377 / 1 377 0 — Total 15

The largest quotient is 1384, and this figure, which is taken as the new quota, allows of the allotment of fifteen seats. There still remains one seat to be disposed of, and the process just described is again repeated, as shown in the following table:—

Lists. Votes. Quotient. Representatives. A 5,537 / 5 1,107 4 B 9,507 / 7 1,358 7 C 3,885 / 3 1,295 2 D 4,769 / 4 1,192 3 E 377 / 1 377 0 — 16

On this occasion all sixteen seats are allotted, the final quota being 1358.

The results obtained by the Hagenbach-Bischoff method are identical with those obtained by the d'Hondt rule. The operations required in the preceding example for the allotment of seats by the latter rule are as follows:—

List totals divided by A B C D E 1 5,537 9,507 3,885 4,769 377 2 2,768 4,753 1,942 2,384 — 3 1,845 3,169 1,295 1,589 — 4 1,384 2,376 971 1,192 — 5 1,107 1,901 — — — 6 — 1,684 — — — 7 — 1,358 — — —

The sixteen highest quotients arranged in order of magnitude are:—

9,507 (List B) 2,376 (List B) 5,537 (List A) 1,942 (List C) 4,769 (List D) 1,901 (List B) 4,753 (List B) 1,845 (List A) 3,885 (List C) 1,589 (List D) 3,169 (List B) 1,584 (List B) 2,768 (List A) 1,384 (List A) 2,384 (List D) 1,358 (List B)

The lowest of these sixteen figures, viz. 1358, is the electoral quotient, and agrees with the final quota furnished by the Hagenbach-Bischoff rule. Law for Elections to the Grand Council, on the principle of Proportional Representation, 26 January 1905

1. Nomination papers for the various electoral districts must be handed in to the police department not later than three weeks before the day fixed for the re-election of the Grand Council.

They may contain the names of one or more persons eligible for election, provided that the total number of names in any nomination paper is not greater than the number of members which the electoral district in question is entitled to elect; any name may appear more than once, but not more than three times.

2. Nomination papers for town districts must be signed by at least ten qualified electors; those for country districts by at least three. An elector may sign one, and only one, nomination paper, on each occasion, in each electoral district.

When handing in the nomination paper the signatories thereto must designate one of their number to attend to any necessary formalities with the police department in connexion therewith.

3. The police department shall at once communicate with the candidates nominated, and call upon them to declare within two days whether they accept the candidature or not.

If the person nominated declines to stand for election his nomination shall be cancelled.

4. No candidate may appear on more than one nomination paper. If therefore any candidate be nominated in different electoral districts, or on several nomination papers in the same district, the police department shall, in informing him of the nominations, call upon him to declare, within two days, under which nomination he wishes to stand, and on receipt of his declaration shall strike his name off the other nomination papers.

If the candidate makes no declaration within the time fixed, the police department shall decide by lot under which nomination he shall stand.

5. The police department shall inform the representatives of the nominators of the cancellings due to the refusal of the nominees to accept nomination, or to the latter having been nominated more than once, and shall allow the former a period of two days in which to make further nominations. To these further nominations the declaration in writing of the person nominated, accepting the candidature, must be attached.

If this declaration is not attached, or if the proposed candidate already appears on another nomination, the supplementary nomination shall be rejected.

6. The final (definitive) nomination papers thus obtained shall be called lists, and no further alterations may be made in them. The lists shall each be printed on a separate sheet with the names of the candidates in the order in which they appear on the nomination papers. The lists shall also be provided with a number (in rotation) for each electoral district, and if the proposers have given them any titles these shall likewise be printed.

If more than one list have the same title the police department shall require the representatives of the nominators to make some distinction between them. If this is not done within two days, these lists shall be distinguished by further special numbers (in rotation).

The different lists shall be printed on paper of the same size and the same colour.

7. At least three days before the election these lists shall be delivered to each elector in an envelope, which shall at the same time serve as a voucher of the elector's right to vote. In addition to the printed lists, each voter shall receive a blank list containing no names, but as many numbered lines as there are members to be elected (free lists).

The voucher shall take the place of the present admittance card.

8. Electors must present themselves in person at the polling booth and deliver the voucher to the polling officers.

The latter shall retain the voucher, and in return give the elector an official stamp.

9. Each elector shall have as many votes as there are members of the Grand Council to be elected in his district, and shall for that purpose choose one of the lists supplied to him. If he makes use of a printed list he may strike out any names and insert any others. Every vote is valid where the name of an eligible candidate is clearly given, and the only restrictions are that the same name may not appear more than three times, and that the total number of names may not exceed the number of members to be elected.

The voter may make the alterations he desires in the printed list selected by him, or fill in the free list either at the polling booth or before reaching it.

The voter shall affix the official stamp supplied to him to the list he has selected, and place the latter in the ballot box.

10. At the close of the poll the presiding officer shall open the ballot box and compare the number of voting papers therein with the number of vouchers received and the number of official stamps issued.

Only the official voting papers with stamps attached shall be valid.

11. The polling officers shall then examine the valid voting papers and ascertain by entering the votes on counting sheets how many votes each name has received.

If a voting paper contain more names than there are Councillors to be elected for the electoral district, then the votes in excess at the bottom of the list shall not be counted.

If a voting paper contain fewer names than there are Councillors to be elected in the district, then the number of votes not used shall be ascertained and shall be added (as list votes) to the list chosen by the elector, provided the latter has made use of a printed list.

The number of votes for each list shall then be ascertained by adding together the list votes and the vote given for individual candidates on the list.

If eligible persons not standing on any list receive votes, each of these names shall be treated as a separate list.

12. If no nominations have been handed in, those persons shall be elected who receive most votes.

In the event of equality of votes, the returning officer shall at once decide the matter by casting lots.

13. If one or more lists have been nominated, the vacancies on the Grand Council shall be divided among the several lists in proportion to the number of votes each list has received. The procedure shall be as follows:—

The total number of the valid votes shall be divided by the number of vacancies increased by one.

The quotient thus obtained increased by one (but disregarding fractions) shall be called the quota.

To each list there shall be allotted as many members as the number of times the quota is contained in the votes it receives. If the total number of members thus obtained is less than the number to be elected, the votes for each list shall be divided by one more than the number of members already assigned to such list, and the first seat still to be disposed of shall be allotted to that list which has the largest quotient.

The same procedure shall be repeated as long as any seats remain to be disposed of.

If two or more lists have the same claim to the last seat to be disposed of (equality of quotient), that list shall always take precedence in which the candidate who would be selected under the provisions of Clause 14 has received the largest number of votes. In case of equality of votes the returning officer (Wahl-bureau) shall immediately decide the question by casting lots.

14. From each list those candidates (to the number allotted to the list) shall be selected who have received the largest number of votes. Equality of votes is decided by lot, to be drawn immediately by the returning officer.

15. If to one or several lists are allotted more seats than there are names contained, all their candidates shall in the first place stand elected. The surplus seats shall be divided among the remaining lists by continuance of the procedure prescribed in Clause 13.

16. After ascertaining the result of the election, the electoral office shall draw up a report stating the number of the voting vouchers received, of the official stamps issued, and of the voting papers handed in, the number of the votes received for each name and for each list, arranged according to the lists, particulars of the allotment of seats and the names of the elected members.

Mention shall also be made of any irregularities which have occurred.

These reports shall be signed by all the electoral officers, and shall then be forwarded, together with the voting vouchers received, the unused official stamps, the voting papers and the unissued papers, to the Government Council.

The result of the election shall be affixed conspicuously outside the Chief Polling Booth.

The Polling Officers shall notify each elected candidate of his election in writing.

17. An elected candidate who did not appear on any of the nominations put in may refuse to accept his election within one week by giving written notice to the Government Council.

The Government Council shall then immediately order a bye-election.

18. Those elected candidates whose election is rendered void owing to their simultaneously having been elected as members of the Government Council shall be immediately replaced by the Government Council by the non-elected candidates on the same list who have received most votes.

If there are none, the vacant seats on the Great Council shall immediately be filled by supplementary elections, which shall also serve to fill any seats, if any rendered vacant under Clause 17.

19. Members retiring from the Great Council during their period of office shall be replaced immediately by the Government Council by the non-elected candidates on the same list who have received most votes. If there are none, supplementary elections shall take place in the first half of the next following month of May.

20. The same regulations shall serve for supplementary elections as for general elections.

21. The provisions of this law shall come into operation for the first time in the general election for the Grand Council which takes place in the year 1905.

The provisions of earlier laws and resolutions of the Grand Council referring to elections to the Grand Council are hereby repealed, in so far as they are contrary to this law.



INDEX

(The letter f after a number signifies 'and page following.' The letter n signifies "note.")

Accuracy of proportional systems, Acton, Lord, Acts— Education (1867), Port of London (1908), Queensland Electoral (1905), Redistribution (1885), South Africa (1909), Tasmanian Electoral (1896), Tasmanian Electoral (1907), Transvaal Municipal (1909), Advantages of proportional representation, Advantages of single transferable vote. See Single transferable vote Aldermen, election of, Allotment of seats to parties, Alternative vote, Andrae, M., Anson, Sir William R., Bart., Asquith, Rt. Hon. H. H., Australia, Austria, Avebury, Rt. Hon. Lord,

Bale, Balfour, Rt. Hon. A. J., Ballot papers, copies of, Ballots, second, Battersea Borough Council, Bavaria, Beale, Mr. W. Phipson, Belgian, or d'Hondt system, Belgium, Bernstein, Dr. Ed., Bills— Alternative Vote (1908, 1910), Electoral Reform (1867), Electoral Reform (1884), Electoral Reform (France), Irish Council (1907), Municipal Representation Parliamentary Representation (1854), Plural Voting (1907), Redistribution (1905), Reform (1832), Representation of the People (1867), Birmingham, Birrell, Rt. Hon. Augustine, Blind, Karl, Block vote, Borough Councils, Boundaries, importance of, Bribery, Bright, John, Brown, Prof. Jethro, Brussels, Burke, Edmund, Bye-elections,

Cairns, Lord, Campbell-Bannerman, Sir Henry, Canada, Cape Colony Legislative Council, Carlskrona election, Cartel, Case de tete, Cecil, Lord Hugh, Cecil, Lord Robert, Chance, effect of, Churchill, Rt. Hon. Winston S., Clark, Justice, Commons, Prof. J. R., Commission du Suffrage Universel, Constituencies, size of, Constitutional reform, Corbett, Mr. J. Rooke, Cost of elections, Courtney of Penwith, Rt. Hon. Lord, Criticisms of single transferable vote, Cross voting, Cumulative vote,

d'Alviella, Count Goblet, Deakin, Mr. Alfred, Defects of majority systems, Denmark, d'Hondt system, Dicey, Prof. A. V., Dilke, Sir Charles, Dobbs, Mr. Archibald E., Droop, H. R.,

Edinburgh, Education Act (1867), "Effective voting," Elections, General, See also Statistics Elections, procedure at, Elector, freedom of, Elector's task, See also Voting Electoral Reform Bill (1884), Electoral Reform Bill (1867), Electoral systems, Royal Commission on. See Royal Commission Elimination of lowest candidate, Executive under proportional representation,

Faddists, Fairness of proportional systems, Federal Home Rule, Finland, France, Franchise, Freedom of elector, French Electoral Reform Bill,

Geneva, Germany, Gerrymander, Ghent, Gladstone, W. E., Glasgow, Gove method, Gregory method, Grey, Earl, Group formation, Group representation, Gulland, Mr. J. W., Guyot, M. Yves,

Hagenbach-Bischoff, Prof., Hare, Thomas, Hare-Clark method, Hayashida, Mr. Kametaro, Holland, Home Rule, House of Commons, House of Commons committees, House of Lords, House of Lords, Select Committee on its Reform, House of Lords, Select Committee on Municipal Representation Bill,

Illinois, Imperial Parliament, Independents, the fate of, India, Ireland, Irish Council Bill (1907), Italy,

Japan, Jarrow, Jaures, M. Jean, Jenks, Prof. E., Johannesburg,

Labour Councils, Canadian, Labour Party, Lachapelle, M. Georges, Late preferences, effect of, Leeds, Limited vote, List systems, Localities, representation of, Lochee of Gowrie, Rt. Hon. Lord, London, London Borough Councils, London County Council, Lubbock, Sir John (Lord Avebury),

Macdonald, Mr. J. Ramsay, Majorities, exaggeration of. See also Statistics, Majorities, small, Majorities, under-representation of, Majority systems, Manchester, Marshall, J. Garth, Mill, John Stuart, Milner, Lord, Miners' Association, Northumberland, Minorities, disfranchisement of, Minorities, representation of, Model elections, Monk, Mr. F. D., 122, 247 Morley of Blackburn, Rt. Hon. Lord, Muir, Prof. Ramsay, Municipal elections, Municipal Representation Bill (1907),

Nanson, Prof. E. J., Naville, Ernest, New Zealand, Nomination of public bodies, Northumberland Miners' Association,

Objections to proportional representation, Orange Free State, Oregon, Organisation of elections,

Panachage, Parliamentary Representation Bill (1854), Party exclusiveness, Party government, Party organisation, Peers, Scottish Representative, Plural Voting Bill (1907), Port of London Act (1908), Powell, Mr. Ellis T., Practicability of single transferable vote, Praed, Mackworth, Preferences, comparative efficiency of different, Present systems, defects of, Pretoria, Proportional Representation League (France), Proportional Representation Society, Provincial Councils, South Africa,

Queensland Electoral Act (1906), Quota, the,

Redistribution, Redistribution Act (1885), Redistribution Bill (1905), Referendum, Reform Bill (1832), Representation of the people (1867), Result sheet, Returning officer, duty of, Robertson, Mr. John M., Royal Commission on Electoral Systems, Russell, Lord John,

Saxony, School Board elections, Scotland, Scottish Grand Committee, Scrutin de liste, Seats, allotment to parties, Second ballot, Selection of successful candidate in a list, Senates— Australia, Canada, South Africa, Sheffield, Single transferable vote— Advantages, See also Advantages of proportional representation Application, Criticisms, Mechanism, Single vote, Smith, Rt. Hon. J. Parker, Social Democratic Party (Germany), Solothurn, South Africa, South Africa Act (1909), Spence, Catherine Helen, Spoilt ballot papers, Statistics of elections— America, Australia, Belgium, Finland, Germany, Japan, South Africa, Sweden, United Kingdom, Suppleants, Surplus votes, transfer of, Sweden, Switzerland, Systems, majority. See Present systems Systems, proportional. See Bale, Belgium, Finland, France, Japan, Sweden, and Single transferable vote

Tasmania, Tasmanian Electoral Act (1896), Tasmanian Electoral Act (1907), Three-cornered contests, Ticino, Toronto, Trades Unions, Transfer of surplus votes, Transfer sheet, Transvaal, Transvaal Municipal Act (1909), Two-party system,

Ulster, United States,

Vandervelde, M., Vivian, Mr. Henry, Voting, modes of,

Wales, Wallas, Mr. Graham, Warwickshire, Whips in House of Commons, See also Party organisation White, Mr. Dundas, Williams, Mr. Aneurin, Wuertemberg,

THE END