Drafting Problems

New Democracy donald at mich.com
Fri Feb 6 06:12:37 PST 1998


>Subject: drafting problems     >Date: Fri, 6 Feb 98 23:10:39

>Dear List
>This is part of a proposal to go to Australia's constitutional
>convention. It is not my preferred model but appears to be as close to
>the popular election of a symbolic president as the convention is going
>to go. What the subsection is designed to do is to produce a panel of 3
>leading candidates in the popular election. It assumes an STV popular
>vote for president.
>I would be deeply grateful for any technical comments on the drafting the
>list's election experts might like to make. I am not looking for
>arguments for and against the principle of the subsection because I am
>locked into it by the political situation here. Droop v Hare is also not
>a live issue in the convention or in the country.
>If you are interested in the background there is an excellent site at
>The proposed subsection is:
>(4) Where it is necessary to identify the three leading candidates in the
>popular election, the quota of votes for qualification shall be
>calculated by dividing the total number of formal votes by four and
>increasing the result of that calculation to the next highest integer;
>the votes shall then be counted in successive scrutinies until 3
>candidates have qualified by receiving a quota of votes, until the number
>of candidates qualified or not excluded is 3, or until 2 candidates have
>qualified and one continuing candidate has an absolute majority of the
>remaining votes, whichever first happens. (machinery provision for
>identifying the 3 leading candidates)

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