Application of Code
1.1 This Code is the Electoral Code required by the Suffrage and Elections Amendment to the Constitution; any law with respect to elections which is not contained in the Constitution or this Code (as amended by the National Assembly from time to time ) is void and of no effect.

1.2 This Code applies in its entirety to every federal and territorial election held within the limits of the Commonwealth.

1.3 This Code also applies to every provincial election to the extent authorised by the Constitution.

1.4 A Province may by provincial legislation adopt this Code insofar as it does not apply to that Province.

Electoral Commissioner
2.1 The Electoral Commissioner has any functions or powers vested by the Constitution or this Code.

2.2 The most junior Justice of the Supreme Court must serve as Electoral Commissioner when there is no Electoral Commissioner.

Scrutineers
3.1 Each party may appoint a scrutineer (who may not be a candidate) to advise and assist the Electoral Commissioner in the conduct of the election.

3.2 A scrutineer has such access to the actions and decisions of the Electoral Commissioner as may be necesasary to test the validity of the election process.

Timetable
5 The Electoral Commissioner must observe the following timetable in conducting an election.

5.1 Notice of registration
3 weeks before the day of election;

5.2 notice of election
2 weeks before the day of election;

5.3 day of nomination
1 week before the day of election;

5.4 Registration of Tickets
5 days before the day of election;

5.5 day of election
fixed by law;

Declaration of Election
5.6 as soon as practicable after receipt of the ballots.

Notice of Election
6.1 The Electoral Commissioner must give notice of election in any election by posting a notice of election to the announcements Forum.

6.2 The notice of election must include:
6.2.1 the timetable for the election;
6.2.2 an email address at which the Electoral Commissioner can be reached; and
6.2.3 the qualifications for each office.

How to nominate
6.3 Any eligible person may nominate by email to that effect directed to the Electoral Commissioner, save that a person may not be drafted to stand against their will.

Write-in Votes
6.4 Write-in votes are permissible, save that a write-in vote for a candidate who has already been at another election or who has been elected or excluded in that particular election must be counted according to the next available preference.

Multiple Nominations
6.5 A citizen may nominate for more than one office at any election.
6.5.1 The elections for president, senator, governor and deputy must be counted in that order and where a candidate is elected to a position their votes for any lower position on this list must be counted according to the next available preference, save that a candidate may be elected to the offices of senator and governor concurrently.

Unopposed Nominations
6.6 If (on the close of nominations) the number of candidates in any election is equal to the number of seats the election must proceed in order to allow the people the option of electing a write-in candidate.

Secret Ballot
7.1 The Electoral Commissioner must preserve the secrecy of the ballot; and ballots which are published or provided to an expert tabulator must be numbered uniquely but otherwise stripped of identification and the Electoral Commissioner must send a copy of their ballot (indicating the unique number) to each elector who votes.

Automation to be investigated
7.2 The Electoral Commissioner must investigate automating the electoral process as a matter of urgency and report to the National Assembly within 30 days of the commencement of this Code.

Tabulation

Expert Tabulators
8.1 If the Electoral Commissioner has no experience of counting an STV election, then the Commissioner may call on the advice and assistance of one or more expert tabulators to count the election.
8.2 An expert tabulator may be given access to the ballots for an election and may count the election, but any decision or action by an expert tabulator (other than a purely technical one) must have the consent of the Electoral Commissioner.
8.3 Anyone competent to do so may be an expert tabulator subject to review by a court of competent jurisdiction.

Online Services
8.4 The Electoral Commissioner may use a reputable third-party CGI script for STV counting subject to judicial review by a court of competent jurisdiction.

Voting

Individual Votes
9.1 An elector may vote by writing on their ballot the name of the candidate they wish to elect, and may in addition add the names of other candidates in order from highest to lowest.
9.2 In interpreting a vote the Electoral Commissioner must be guided by the clear intention of the elector.

Ticket Votes
9.3 A party may register a ticket vote with the Electoral Commissioner before the deadline in the election timetable.
9.3.1 Each ballot must give the elector an option of voting for a ticket or for individual candidates.
9.3.2 If an elector votes for a ticket their ballot must be treated in all respects as if they had voted the order of preferences fixed in the ticket.

Declaration

10 The Electoral Commissioner must, as soon as practicable after the voting deadline, declare the result of each election.
10.1 The declaration must include for each election:
10.1.1 the number of electors who voted
10.1.2 the primary vote for each candidate;
10.1.3 the total vote for each candidate at any stage of the count;
10.1.4 and the order of election of the successful candidates.

Single Transferable Vote

Definitions
11.1 continuing candidate means (in relation to any stage of the count) a candidate who has not been elected or excluded;
11.1.2 exhausted vote means a ballot which does not show a next available preference for a continuing candidate;
11.1.3 next available preference means the next preference on a ballot for a continuing candidate ;
11.1.4 primary vote means (in relation to a candidate) a ballot showing that candidate as first preference;
11.1.5 reaches the threshold means achieves a total vote equal to or greater than the threshold;
11.1.6 surplus means the difference between the total vote of a candidate at the stage of the count when they are elected and the threshold;
11.1.7 tabulator means the Electoral Commissioner or an expert tabulator;
11.1.8 transferred vote means (in relation a candidate) a ballot showing that candidate as second or subsequent preference preference;
11.1.9 railing candidate means the candidate who (in relation to any stage of the count) has the smallest number of votes;

Calculations
11.2 Any calculation under this Section is to be rounded to 2 decimal places.

How to begin
11.3 The tabulator must first count the primary votes for each candidate and calculate the threshold.

How to calculate the threshold
11.4 The tabulator must calculate the threshold of votes required for election by dividing the total number of votes cast by one more than the number of seats and increasing the result to the next highest whole number.

How to elect a candidate 11.5 If (at any stage of the count) any candidate reaches the threshold that candidate is elected, but if 2 or more candidates are elected, the tabulator must declare elected the candidate who was leading at the last stage of the count when the leading candidates were not tied, and if the leading candidates were tied at all stages of the count the matter must be determined by lot.

How to transfer a surplus
11.6 If (at any stage of the count) a candidate is elected and their total vote is greater than the threshold their surplus must be transferred to the continuing candidates according to the next available preference shown on each ballot.
11.6.1 The tabulator shall transfer only those ballots received by an elected candidate at the count or transfer which caused them to reach the threshold.
11.6.2 The tabulator must first count the transferable votes according to the next available preference shown on each ballot and set aside the exhausted votes.
11.6.3 The tabulator must then calculate a transfer value by dividing the surplus by the number of transferable votes and reducing the result (if greater than 1) to 1.
11.6.4 The tabulator must then transfer the product of the number of votes and the transfer value to each continuing candidate.
11.6.5 If (at any stage of the count) 2 or more surpluses arise the larger or largest surplus must be transferred first, but if it is necessary to decide which of 2 or more equal surpluses is to be transferred, the tabulator must transfer the surplus of the elected candidate who was leading at the last stage of the count when the elected candidates were not tied, and if the elected candidates were tied at all stages of the count the matter must be determined by lot.
11.6.6 A surplus arising at an earlier stage of the count must be transferred before a surplus arising at a later stage of the count.

How to exclude a candidate
11.7. If (at any stage of the count) all surpluses have been transferred and no candidate has reached the threshold, the tabulator must then exclude the trailing candidate, but if it is necessary to decide which of 2 or more equal candidates is to be excluded, the tabulator must exclude the candidate who was trailing at the last stage of the count when the trailing candidates were not tied, and if the trailing candidates were tied at all stages of the count the matter must be determined by lot.
11.7.1 Each ballot received by an excluded candidate must be transferred at the value at which it was received by that candidate according to the next available preference.
11.7.2 The next trailing candidate must be excluded after each transfer under this Section until such time as another candidate is elected.

How to complete the election
11.8. The process of transferring the surplus of the next elected candidate or excluding the next trailing candidate must continue until:
11.8.1 the number of elected candidates is equal to the number of seats to be filled; or
11.9.2 the number of continuing candidates is equal to the number of seats still to be filled, when the continuing candidates are elected.

Corrupt Practices

Abuse of Office
12.1 Anyone who uses any power or function vested in them by the Constitution or the laws for the purpose of improperly influencing the result of an election is guilty of a felony punishable by imprisonment for a maximum of 6 months.

Fraudulent elections
12.2 Anyone who purports to convene or administer an election otherwise than according to the Constitution and this Code is guilty of a felony punishable by imprisonment for a maximum of 6 months.

Breach of Secrecy
12.3 Anyone who breaches the secrecy of the ballot is guilty of a felony punishable by imprisonment for a maximum of 6 months.

Extra Penalty
12.4 In addition to the penalties prescribed herein for each offence, the Court trying a case may deprive anyone convicted under this Section of any office to which they were elected at the election in question.

Criminal Jurisdiction
12.5 An offence under this Code may be prosecuted before the Federal Court for the Judicial District in which the offence is alleged to have occurred.
12.5.1 An offence under this Code in relation to a provincial election may be prosecuted before a provincial court of competent jurisdiction if the Province has established independent courts of justice and not otherwise.
12.5.2 Any elector may prosecute a charge under this Code.

Nullification and Judicial Review

Review on the merits
13.1 Judicial review by the Supreme Court is a review on the merits without undue regard to matters of form or technicalities.

When to nullify
13.2 The Court is not required to nullify an election unless it is satisfied that there were acts or omissions by someone which changed the result of the election.

Decisions of the Court
13.3 The Supreme Court must, if it nullifies an election or refuses to overturn a nullification by the Electoral Commissioner, make orders calling a new election as soon as practicable.

Election Validation
13.4.1 Every election held between the commencement of the Electoral Commissioner Amendment to the Constitution and the commencement of this Code is hereby declared valid notwithstanding that it may have been conducted by a person other than the Electoral Commissioner if that election was otherwise held according to law.
13.4.2 If there is any defect in the conduct of the first election held under this Code, that defect may be corrected by order of the Supreme Court.

Repeals
14 Section 2 of the Treason and Sedition Act is repealed.