Chapter 11 - Voting
and divisions
Ballots
Provision is made in the procedures of
the Senate for decisions to be taken by secret ballot. The standing orders
require that secret ballots be used if there are two or more candidates in
elections for President and Deputy President and Chair of Committees (SO 7, 10), and if more
than the required number of senators are nominated for a committee; a ballot is
used for the latter purpose if one senator so requires (SO 27(1)). By order of
the Senate ballots may be used to determine other matters.
The rules applying to ballots generally provide that, after the bells
have been rung as for a division, each senator is issued with a ballot paper
and writes on the paper the names of the senators for whom the vote is cast.
The senators having the greatest number of votes are declared to be elected, and if two or more
senators have equal numbers of votes the President determines by lot which
senator is chosen (SO 163). (see Supplement)
These rules are clearly directed to a situation in which a number of
senators must be selected and there are more than the required number of
candidates. The situation contemplated is the appointment of senators to a
committee. The rules do not provide for an exhaustive ballot, as would be
appropriate for the selection of a senator for one position, and as is provided
for the election of the President and the Deputy President and Chair of
Committees. Nor do the rules provide for any form of preferential and
proportional voting. It is open to the Senate to prescribe such procedures in
any order for a special ballot (for a precedent of a special exhaustive ballot,
on the site of Canberra, see 6/11/1908, J.74).
Debate may occur before a ballot is held (ruling of President Givens, SD, 1/3/1923, pp 43-4; 24/3/1992, J.2099-2100).
The use of ballots, other than for the election of the President and the
Deputy President and Chair of Committees when there are two or more candidates,
is now relatively rare. Ballots are occasionally used to determine contested
positions on committees.
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