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1.3.2.4 Aggregation procedure and election results
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MALTA - General Elections Act

Article 105.10

(1) If at the end of any count the number of votes credited toa candidate is greater than the quota, the surplus shall be transferred, as in this regulation provided, to the continuing candidates for whom the next available preferences have been recorded on the ballot papers in the parcel or sub-parcel received by the elected candidate at that count.

(2) A surplus which arises from any count shall be transferred beforea surplus which may arise from a subsequent count.

(3) If more than one candidate has a surplus arising from the same count, the largest surplus shall first be dealt with.

(4)If two or more candidates have each an equal surplus arisingfrom the same count, the surplus of the candidate with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall first be dealt with. Where the number of votes credited to such candidates were equal at all counts the Commission shall determine by lot which surplus they will first deal with.

(5) (*a*) If the votes credited to an elected candidate consist of original votes only, the Commission shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred.

(b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the Commission shall examine the papers contained in the last sub-parcel last received by theelected candidate whose surplus is to betransferred.

(c) In either case the Commission shall sort the transferable papers into sub-parcels according to the next available preference recorded thereon, shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub- parcel of transferable papers and in the sub-parcel of non-transferable papers.

(6) If the total number of papers in the sub-parcels of transferable papers is not greater than the surplus, the Commission shall transfer the whole of each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter’s next available preference, and shall set aside as a separate parcel so many of the non-transferable papers as are not required for the quota of the elected candidate. The particular papers set aside shall be those last filed in the sub-parcel ofnon-transferable papers.

(7) (*a*) If the total number of transferable papers is greater than the surplus, the Commission shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference the number of papers which bears the same proportion to the number of papers in the sub- parcel as the surplus bears to the total number of transferable papers.

(b) The number of papers to be transferred from each sub- parcel shall be ascertained by multiplying the numberof papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the decimal parts (to four significant places), if any, of each number so as certained.

(c) If, owing to the existence of such decimal parts (tofour significant places), the number of papers to be transferred is less than the surplus, so many of thesedecimal parts (to four significant places) taken in the order of their magnitude, beginning with the largest as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining decimal parts (to four significant places) shall be ignored.

(d) If two or more decimal parts (to four significant places) are of equal magnitude, those decimal parts (to four significant places) shall be deemed to be the largest which arise from the largest sub-parcels and ifthe sub-parcels in question are equal in size, the decimal parts (to four significant places) credited tothe candidate with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the Commission shall determine by lot which decimal parts (to four significant places) shall be deemed to be the largest.

(e) The particular papers transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked with the number of the count at which the transfer took place.