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The Scottish Local Government Elections Order 2007

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Exclusion of candidates – supplementary provisions
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51.—(1) If, when a candidate has to be excluded under rule 50–

(a)two or more candidates each have the same number of votes; and

(b)no other candidate has fewer votes,

paragraph (2) applies.

(2) Where this paragraph applies–

(a)regard shall be had to the total number of votes credited to those candidates at the end of the most recently preceding stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at that stage shall be excluded; and

(b)where the number of votes credited to those candidates was equal at all stages, the returning officer shall decide, by lot, which of those candidates is to be excluded.

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