PointsOfOrder/voting.rst

Voting and elections
====================

In this chapter, we cover a number of topics relating to voting.

.. index:: vote; by proxy, proxy; voting

.. _proxy-voting:

Proxy voting
------------

A *proxy* is a person authorised to vote on behalf of another person (the *principal*) at a meeting.

Voting by proxy is only permitted if the rules of the body allow it. In such a case, the rules will generally specify how proxies must be appointed.\ [#fn2]_

If the principal provides instructions on how to vote, the proxy must be cast in accordance with those instructions.\ [#fn19]_

If a principal has appointed a proxy, that does not prevent the principal attending the meeting and voting personally instead of by proxy.\ [#fn18]_

Methods of voting
-----------------

.. index:: ! vote; by show of hands, ! show of hands

Show of hands
^^^^^^^^^^^^^

As described in :ref:`‘Voting on motions’ <voting-on-motions>`, the common law method of voting at meetings is by show of hands. See that previous section for a description of the general process.

When voting by show of hands, each person personally present and entitled to vote has one, and only one, vote.\ [#fn1]_

In other words, if proxy voting is permitted, proxies are not counted in a show of hands, unless the rules otherwise provide. Even if the rules do so provide, each member who holds proxies will have only one vote, regardless of how many proxies they hold.\ [#fn1]_

In Parliament, it is required that, on a division (poll, etc.) members must vote the same way as they did in a show of hands. In meetings generally, unless the rules specifically require it, there is no such requirement.

.. index:: vote; on the voices, vote; viva voce, voice vote

Voice vote
^^^^^^^^^^

In Parliament, and in some organisations, voting is performed ‘on the voices’ (‘*viva voce*’).

In a voice vote, the Chair directs those in favour of the question to say ‘Aye’, then those against to say ‘No’.\ [#fn3]_:superscript:`,`\ [#fn4]_ The Chair then announces the result according to which side they believe had greater numbers.

.. index:: vote; by division, vote; by roll call, division, roll call

Division, roll call, etc.
^^^^^^^^^^^^^^^^^^^^^^^^^

This section describes voting methods which allow the names of voters to be recorded alongside their vote.

If the meeting is small, this could be accomplished on a show of hands, with members keeping their hands raised long enough for votes to be counted and names to be noted.\ [#fn5]_

.. index:: vote; by division, division

In a *division*, members physically move and separate according to their voting intentions. For example, the Chair may direct that ‘*the Ayes will pass to the right of the chair and the Noes to the left*’. The numbers on each side may then be counted, and the names recorded.\ [#fn5]_ This is the method used in Parliament when the result of a voice vote is unclear or contested.

.. index:: vote; by roll call, roll call

In a *roll call*, the name of every member is read out, one by one, by the Chair or Secretary, and that member says ‘Yes’ (or ‘Aye’), ‘No’ or ‘Abstain’ (or ‘Present’). The numbers and names are thereby recorded.\ [#fn6]_

As these methods allow for the names of members to be recorded along with their votes, it does not allow for a secret ballot. They may therefore be appropriate for a representative body (whose members are accountable to their constituents), but would generally be inappropriate for most other bodies.

.. index:: vote; by poll, poll

.. _poll:

Poll
^^^^

The 2 characteristics of a *poll* are that:

* votes are cast in writing, and
* votes may be cast:

	* in proportion to varying voting power, or
	* on behalf of absent members by proxy, or
	* by absent members presenting later where the poll is to be held at a later date\ [#fn7]_

At common law, unless the rules provide otherwise, immediately once the Chair declares the result of a show of hands, or before the show of hands is taken, any member may demand that a poll be taken.\ [#fn12]_

Once a demand is validly made, the result of the show of hands is set aside and is no longer of any effect.\ [#fn13]_

If a poll is demanded on the election of Chair or on a motion for adjournment, the poll must be taken immediately.\ [#fn16]_ Otherwise, unless the rules provide otherwise, a poll may be conducted immediately, later during that meeting, or on a later date, at the direction of the Chair,\ [#fn14]_ and the Chair may adjourn the meeting for the purpose of taking the poll.\ [#fn15]_

Unless the rules otherwise provide, the poll may be taken in any written form decided by the Chair. This may be using individual voting papers, or ticks and crosses on a voting list, or some other method.\ [#fn17]_ In this way, a poll is different to a :ref:`secret ballot <secret-ballot>`.\ [#fn7]_

.. index:: vote; by secret ballot, secret ballot, ballot

.. _secret-ballot:

Secret ballot
^^^^^^^^^^^^^

A *secret ballot* is similar to a poll in that votes are cast in writing, but with the additional requirement that voting papers issued, and the method of voting, do not reveal the identity of voters.\ [#fn8]_ Secret ballots are typically called for by the rules in connection with the election of offices.

.. index:: vote; by acclamation, acclamation

Acclamation
^^^^^^^^^^^

Votes of thanks, appreciation, congratulation, and others which are typically carried unanimously, are often carried by *acclamation* (applause). When the question is put, the Chair invites those present to show their appreciation by applause. The minutes record that the motion was ‘carried by acclamation’.\ [#fn9]_

.. index:: vote; by silence

Silence
^^^^^^^

Motions of condolence are usually carried in silence, with members standing in their places.\ [#fn10]_

Unanimous results, etc.
-----------------------

.. index:: unanimous, vote; unanimous, motion; carried unanimously

The term ‘unanimous’ (as in, ‘carried unanimously’) strictly means that every person present and entitled to vote voted in favour, i.e. there were no abstentions or votes against.\ [#fn11]_

.. index:: nem con, nem dis, motion; carried nem con/nem dis, motion; carried without dissent

In contrast, the terms ‘carried without dissent’, ‘carried *nem con*’ (*nemine contradicente*, ‘no one saying otherwise’) and ‘carried *nem dis*’ (*nemine dissentiente*, ‘no one dissenting’) are appropriate when no votes were cast against, even though some may have abstained.\ [#fn11]_

.. comment TODO Elections

.. rubric:: Footnotes

.. [#fn2] :ref:`Lang 2015 <horsley>`, ¶14.13
.. [#fn19] :ref:`Lang 2015 <horsley>`, ¶16.10
.. [#fn18] :ref:`Lang 2015 <horsley>`, ¶16.8
.. [#fn1] :ref:`Lang 2015 <horsley>`, ¶14.12
.. [#fn3] :ref:`Lang 2015 <horsley>`, ¶14.4; :ref:`Renton 2005 <renton>`, ¶8.2
.. [#fn4] The correct terms on a voice vote are ‘Aye’ and ‘No’. In North America, during a roll call, the terms ‘Yea’ and ‘Nay’ are sometimes used. :ref:`Robert et al. 2020 <ronr>`, ¶45:47. The combination of ‘Aye’ with ‘Nay’ is not attested to anywhere internationally.
.. [#fn5] :ref:`Renton 2005 <renton>`, ¶8.8
.. [#fn6] :ref:`Robert et al. 2020 <ronr>`, ¶45:47–54. This procedure is not attested to in any Australian authority (but has been experienced by the author), and is presented here for completeness.
.. [#fn7] :ref:`Lang 2015 <horsley>`, ¶14.6
.. [#fn12] :ref:`Lang 2015 <horsley>`, ¶15.3; *Holmes v Keyes* [1958] Ch 570
.. [#fn13] :ref:`Lang 2015 <horsley>`, ¶15.3; *Anthony v Seger* (1789) 1 Hag Con 13 
.. [#fn16] :ref:`Lang 2015 <horsley>`, ¶15.6
.. [#fn14] :ref:`Lang 2015 <horsley>`, ¶15.6; *R v D'Oyley* (1840) 113 ER 763
.. [#fn15] :ref:`Lang 2015 <horsley>`, ¶15.6; *R v Archdeacon of Chester* (1834) 1 A&E 342
.. [#fn17] :ref:`Lang 2015 <horsley>`, ¶15.9
.. [#fn8] :ref:`Lang 2015 <horsley>`, ¶14.7
.. [#fn9] :ref:`Lang 2015 <horsley>`, ¶¶14.8–9; :ref:`Renton 2005 <renton>`, ¶8.13
.. [#fn10] :ref:`Renton 2005 <renton>`
.. [#fn11] :ref:`Lang 2015 <horsley>`, ¶11.7