How votes are counted in a state election
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Once you have voted and placed your ballot papers in the ballot box, they remain untouched until voting closes at 6pm on election day. The ballot boxes are then opened and the ballot papers sorted and counted. A series of counts are undertaken before the final results are declared.
Candidates can appoint scrutineers to observe the counting of ballot papers. Scrutineers observe the voting and counting of votes to verify that the election is carried out in a proper manner.
The following counts are carried out at state elections.
Legislative Assembly initial count
Legislative Assembly ballot papers are sorted to first preference for each candidate and informal. These count results are displayed on the NSW Electoral Commission website for the information of candidates, registered political parties, the public and the media.
Legislative Assembly two candidates preferred (TCP) count
A two candidates preferred (TCP) count is conducted to give candidates, registered political parties, the public and the media an indication of the likely election outcome.
It is not the official distribution of preferences, which takes place in the election manager’s office following the completion of the check count and data entry of ballot papers.
Prior to election day, the Electoral Commissioner selects the two candidates in the district who are likely to be the final two remaining candidates in the count following the distribution of preferences.
The two candidates preferred count is conducted by distributing all formal votes of the other candidates to the two selected candidates according to which of the two selected candidates receives the highest preference on each of the other candidates’ ballot papers.
The following table illustrates various scenarios that may apply to a district's TCP results:
|
Scenario |
Impact on reporting |
|---|---|
|
TCP candidates selected correctly |
|
|
TCP candidates either not selected or selected incorrectly |
|
Following the distribution of preferences, a TCP Analytics Tool will be published that allows analysis of the TCP results for any combination of candidates.
Legislative Assembly check count
Legislative Assembly ballot papers are check counted in the week(s) after election day. Preferences from Legislative Assembly ballot papers are data entered into the NSW Electoral Commission’s computer count system.
The formality of ballot papers will be determined by the computer count system based on the markings on the ballot papers data entered into the system at the check count.
It is this check count which is the official count that is used to conduct the distribution of preferences within the computer count system, to determine the elected candidate in each Legislative Assembly district.
Legislative Assembly distribution of preferences
The optional preferential system is described in the 'Seventh Schedule Conduct of Legislative Assembly elections' section of the Constitution Act 1902.
The following is an example of how a distribution of preferences works for the Legislative Assembly.
To be elected in the optional preferential system, a candidate has to receive 50% + 1 of the formal votes in the count. This is called an ‘absolute majority’.
If there are 8,756 formal first preference votes in an election the absolute majority is calculated as: 8,756 ÷ 2 = 4,378 + 1 = 4,379.
If a candidate has an absolute majority, that candidate is elected.
If no candidate is elected, the candidate with the least number of votes is ‘excluded’ which means the excluded candidate’s votes are re-sorted to the other candidates remaining in the count according to the second preference shown on each ballot paper.
However, if any of those ballot papers do not have a second preference, or have two or more second preferences on them, those ballot papers are known as ‘exhausted’ ballot papers and are removed from the count. They are then only used to balance the number of votes at the end of each exclusion, to the number of first preference votes.
The absolute majority is recalculated after every candidate is excluded. The absolute majority reduces after each exclusion due to the exhausted ballot papers not continuing in the count.
The process of exclusions continues until a candidate is elected. The ballot papers of excluded candidates are re-sorted to the second, third, fourth etc. preferences as applicable, until such time as a candidate has an absolute majority of the votes remaining in the count and that candidate is elected.
For statistical purposes, the distribution of preferences will be conducted until only two candidates remain in the count.
The process is explained in the following example:
|
Candidates |
First preference |
Candidate |
Progressive totals |
Candidate |
Progressive |
|---|---|---|---|---|---|
|
Candidate A |
3,024 |
250 |
3,274 |
822 |
4,096 |
|
Candidate B |
2,552 |
441 |
2,993 |
1,189 |
4,182 Elected |
|
Candidate C |
2,290 |
87 |
2,377 |
|
Excluded |
|
Candidate D |
890 |
|
|
|
Excluded |
|
Total formal votes |
8,756 |
778 |
8,644 |
2,011 |
8,278 |
|
Informals |
278 |
|
278 |
|
278 |
|
Exhausted |
|
112 |
112 |
366 |
478 |
|
Total votes |
9,034 |
890 |
9,034 |
2,377 |
9,034 |
|
Absolute majority |
4,379 |
|
4,323 |
|
4,140 |
Legislative Council initial count
The initial count of the Legislative Council ballot papers consists of:
Sorting and counting the ballot papers marked one above the line for each group to be counted, as determined by the Electoral Commissioner.
Sorting and counting the ballot papers that are blank.
All other ballot papers (i.e. those marked above and below the line, and those that are clearly informal) will be placed in an ‘Others’ pile and reported as one total figure on election night. It is important to note that many of the ballot papers in the ‘Others’ pile will be formal and will be identified as such during the check count and awarded to the respective group or candidate.
Legislative Council check count
After the Legislative Council ballot papers have undergone an initial count they will again be re-examined during the check count which occurs in the weeks after election day.
Preferences from Legislative Council ballot papers are data entered into the NSW Electoral Commission’s computer count system. The formality of ballot papers will be determined by the computer count system based on the markings on the ballot papers data entered into the system at the check count.
As the check count (data entry) of the Legislative Council ballot papers commences after election day, the NSW Electoral Commission will progressively report to its website the first preference votes both above and below the line, for all groups and candidates that appear on the ballot paper.
This check count is the official count that is used to conduct the distribution of preferences within the computer count system to determine the elected 21 candidates to the Legislative Council.
Legislative Council distribution of preferences
The distribution of preferences system is described in the 'Sixth Schedule Conduct of Legislative Council elections' section of the Constitution Act 1902.
A candidate is elected if they receive votes equal to or exceeding the quota. However, candidates can also be elected without receiving a quota if the remaining number of candidates in the count equals the number of vacant positions still available.
The quota is determined by dividing the aggregate number of formal first preferences by one more than the number of candidates to be elected. The quotient (disregarding the fraction) is increased by 1 to give the quota. After the count of first preferences is complete, each candidate who has reached quota is elected.
For example, there are 21 members to be elected at the 2023 NSW State election. At the March 2019 NSW State election, there were 4,451,146 formal ballot papers. The calculation was 4,451,146 ÷ 22 = 202,324.818. The fraction is disregarded before 1 is added, therefore the quota equalled 202,325.
Where an elected candidate has a surplus of ballot papers over the quota, this surplus is transferred to the continuing candidates (i.e. those not yet elected or excluded). If multiple candidates are elected, each candidate’s surplus is transferred (one at a time) to the continuing candidates, from the highest surplus to the lowest.
After each transfer of ballot papers, if any more candidates have reached quota, they are elected and added to the queue of surpluses to be transferred. This transfer of surpluses continues (one at a time) until all have been transferred.
Then, if vacancies remain, the candidate with the lowest number of votes is excluded. All the ballot papers received by this candidate, including those received from surplus transfers, are sorted to the continuing candidates according to their next available preference.
This process continues with candidates being:
elected when their votes equal or exceed quota, with their surplus distributed as above, or
excluded, with their ballot papers distributed as above
until either:
no vacancies remain to be filled, or
the number of remaining candidates equals the number of remaining vacancies, or
all remaining vacancies can be filled by candidates whose total votes cannot be overtaken by the remaining candidates in the count.
In these circumstances, the elected candidates are elected despite not reaching the quota.
State by-elections
If a member of the Legislative Assembly resigns or dies mid-term (between State elections), a by-election is held in that particular district only to elect a new member for that district.
The counting of votes at a state by-election follows the procedure for counting the Legislative Assembly votes at a State election.
There are no by-elections for the Legislative Council. Casual vacancies where a member resigns or dies mid-term are elected by a joint meeting of both houses of Parliament.
Recounts
At any time before the declaration of an election result, the Electoral Commissioner may, if he sees fit, on the request of any candidate in the election which sets out the reasons for the request, or on the Electoral Commissioner’s own motion, recount the ballot papers.
Declaration of the election
Following the completion of the distribution of preferences, the Electoral Commissioner will declare the result of the election.
The Electoral Commissioner will endorse the name of the successful candidate on the writ for each electoral district and will return the writ to the Governor of New South Wales.
Challenges to election results
Candidates may challenge the results of an election by filing a petition with the Prothonotary of the Supreme Court, as the Court of Disputed Returns, within 40 days of the return of the writ.