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The Health Board Elections (Scotland) Regulations 2009

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Exclusion of candidates

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43.—(1) If one or more vacancies remain to be filled and—

(a)the returning officer has transferred all ballot papers which are required by rule 41 or this rule to be transferred; or

(b)there are no ballot papers to be transferred under rule 41 or this rule,

the returning officer must (unless rule 45 applies) exclude from the election at that stage the candidate with the lowest number of votes.

(2) The returning officer must sort the ballot papers for the excluded candidate into parcels so that they are grouped—

(a)according to the next available preference given on those papers; and

(b)if no such preference is given, as a parcel of non-transferable papers.

(3) The returning officer must—

(a)transfer each parcel of ballot papers referred to in paragraph (2)(a) to the continuing candidate for whom the next available preference is given on those papers; and

(b)credit the candidate with an additional number of votes calculated in accordance with paragraph (4).

(4) The vote on a ballot paper transferred under paragraph (3) has a transfer value of one (unless the vote was transferred to the excluded candidate under rule 41 or this rule in which case it has the same transfer value as when transferred to the excluded candidate).

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