If two or more parties and/or individual candidates are tied with the highest totals at any stage where a seat is being allocated, the following rules must be applied:1
if there are enough seats still to be allocated, each of the tied parties and/or individual candidates must be allocated a seat
if there are not enough seats, you must redo the calculation for the tied parties and/or candidates for that stage, but before doing so you must add one vote to the total number of votes each tied party or individual candidate has at that stage. You should record this fact in your result notice
If this would still result in two or more parties and/or individual candidates being tied you must decide between them by lot.
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 parties and or individual 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 parties and or individual 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 between the parties and or candidates with an equal number of votes, 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 the name of the party or individual candidate with the vote marked against their name out loud. That party or 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 result sheet to the effect that:
Following an equality of votes, lots were drawn and, as a consequence, an additional vote was allotted to [insert party or candidates name].