When two or more candidates have the same number of votes and the addition of a vote would entitle one of those candidates to be declared elected, you as the CRO must decide between the candidates by lot.1
The method of drawing lots is for you to decide. Examples of types of lot include:
ballot papers, each marked with a vote for one of the candidates with the same number of votes, placed in a container, such as an empty ballot box, mixed around, and then one drawn by you
slips of paper with the candidates’ names on them, placed in sealed envelopes, shuffled and then drawn by you
You should make an announcement that you intend to proceed with the drawing of lots, explaining precisely what is about to happen and the method to be used. Candidates, agents, Commission representatives and accredited observers should be present during any preparation and the actual drawing of lots.
For example, if you use the first method described above, you should, in full view of any candidates and agents, and in the presence of Commission representatives and accredited observers, fold and place a previously counted ballot paper for each of the candidates with the same number of votes in an empty ballot box.
An assistant should raise the box to a height where you are unable to see the papers inside the box, but are still able to reach inside to pick one. After mixing, you should draw one of the ballot papers from the box, open it, and read out loud the name of the candidate with the vote marked against their name. That candidate is then adjudged to have been allotted an additional vote.
Similar preparations should be made should you decide to use any other method of drawing lots.
A statement should be added to the notice of constituency result to the effect that:
following an equality of votes, lots were drawn and, as a consequence, an additional vote was allotted to candidate [insert candidate’s name]
There is no requirement to draw lots where one candidate is elected by a majority of votes and the equality of votes is between other candidates who are not in first place and therefore cannot be elected.
Regional contest
If two or more parties and/or individual regional candidates have polled the same number of votes in the constituency, there is no requirement for the CRO to draw lots.
You should explain to the candidates and agents that the totals for the constituency will be transmitted to the RRO for inclusion in the calculation to allocate the regional seats.