# The Health Board Elections (Scotland) Regulations 2009, Paragraph 44: Exclusion of candidates – supplementary provisions


(1) If, when a candidate is to be excluded under rule 43—
(a) two or more candidates have the same number of votes; and
(b) no other candidate has fewer votes,
the returning officer must exclude the candidate who had the lowest number of votes at the end of the most recent preceding stage at which they had unequal numbers.
(2) If the number of votes credited to those candidates was equal at all stages, the returning officer must decide, by lot, which of those candidates to exclude.

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Source: https://www.legislation.gov.uk/ssi/2009/352/schedule/paragraph/44 (the official version)
Page: https://openlegislation.uk/health-board-elections-scotland-regulations-2009/schedule/paragraph-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.