Paragraph 64O Other transfers where votes exceed the quotaF1
This rule applies where, at the end of any stage of the count involving the transfer of ballot papers, the number of votes for a candidate exceeds the quota.
The returning officer must sort all the ballot papers in the group of transferred papers last received by that candidate so that they are grouped—
according to the continuing candidate for whom the next available preference is given on those papers, or
where no next available preference is given, as a separate group.
The ballot papers in the groups formed under paragraph (a) (“transferable papers”) are to be transferred in accordance with paragraphs (4) and (5) of this rule. The ballot papers in the group formed under paragraph (b) (“non-transferable papers”) are not to be transferred.
The returning officer must count the number of ballot papers in each group of transferable papers and in the group of non-transferable papers.
The returning officer must then transfer each group of transferable papers to the continuing candidate for whom the next available preference is given on those papers.
The vote on each transferable paper is transferred at a value (“the transfer value”) which is calculated by taking the following steps.
Step 1
Take the surplus of the candidate from whom ballot papers are being transferred.
Step 2
Divide the surplus by the total number of ballot papers being transferred. Make the calculation to two decimal places and ignore the remainder.
Step 3
Compare the number arrived at following step 2 to the value of the vote on the ballot paper had when it was received by the candidate from whom ballot papers are now being transferred.
If the number arrived at following step 2 is less than or the same as the value of the vote on the ballot paper when it was received by that candidate, that number is the transfer value.
If the number arrived at following step 2 is greater than the value of the vote on the ballot paper when it was received by that candidate, the value of the vote when it was received by that candidate is the transfer value.
For the meaning of “continuing candidate”, “next available preference”, “quota” and “surplus”, see rule 64J.
See also—
rule 64P (which sets out circumstances in which votes are not to be transferred under this rule);
rule 64Q (which sets out the order in which surpluses are to be transferred where two or more candidates have surpluses);
rule 64R (which makes supplementary provision).
Annotations
Textual amendments
- F1
Sch. 2 Pt. 4A inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 8(2)
Notes on Schedule 2
Modifications
- C1
Sch. 2 applied (with modifications) (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864), art. 1(2), Sch. 3 paras. 22, 25 (with art. 1(4))