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Paragraph 64T Transfer of excluded candidates’ other ballot papersF1

(1)

This rule applies where—

(a)

the returning officer has transferred all the transferable papers of an excluded candidate or candidates that the returning officer is required to transfer under rule 64S, and

(b)

one or more vacancies remain to be filled (after the application, where relevant, of rule 64W).

(2)

The returning officer must sort all the ballot papers, if any, which were transferred to the excluded candidate (or any of the excluded candidates) at an earlier stage in the count into groups according to the transfer value at which the votes were received by that candidate.

(3)

The returning officer must then sort the ballot papers in the group of ballot papers with votes of the highest transfer value into further groups as follows—

(a)

according to the continuing candidate for whom the next available preference is given on those papers, or

(b)

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.

(4)

The returning officer must transfer each group of transferable papers to the continuing candidate for whom the next available preference is given on those papers.

(5)

The vote on the ballot paper on each transferable paper is transferred at a transfer value, which is the value at which the vote was received by the excluded candidate from whom the paper is being transferred.

(6)

Where the returning officer has completed the transfers required by paragraph (4) and one or more vacancies remain to be filled (after the application where relevant of rule 64W), the returning officer must repeat the steps in paragraphs (3) to (5) in relation to the remaining groups of ballot papers formed under paragraph (2), dealing with each group in descending order according to the value of the votes until either—

(a)

there are no remaining vacancies to be filled (after the application where relevant of rule 64W), or

(b)

every group has been dealt with.

(7)

Paragraph (6) applies whether or not any candidate is treated as elected and has a surplus following the completion of the steps in paragraphs (3) to (5) in relation to the group of ballot papers with votes of the highest transfer value or in relation to any of the remaining groups.

(8)

In a case where every group of ballot papers formed under paragraph (2) has been dealt with but (after the application, where relevant, of rule 64W) one or more vacancies remain to be filled, the returning officer must proceed as follows—

(a)

in accordance with rule 64O if, at that stage, any candidate is treated as elected and has a surplus, and

(b)

otherwise in accordance with rule 64S.

(9)

For the meaning of “continuing candidate”, “next available preference” and “surplus”, see rule 64J.

(10)

See also rule 64V (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))