Preliminary count of votes

174 Preliminary count of votes cast in polling place

(1)

The manager of every polling place must, as soon as practicable after the close of the poll, in the presence of any scrutineers (including those lawfully in the polling place under any other Act) and the polling place officials, but of no other person, arrange for a preliminary count of the votes to be conducted in accordance with this section.

(2)

For the purposes of the preliminary count, all ballot papers must be taken from the ballot boxes to ascertain, as the case may require,—

(a)

the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or

(b)

the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or

(c)

both.

(3)

For the purposes of subsection (2), the following votes must be set aside as informal:

(a)

any party votes that do not clearly indicate the party for which the voter desired to vote:

(b)

any electorate votes that do not clearly indicate the candidate for whom the voter desired to vote.

(4)

As soon as possible after ascertaining a result of the voting, the manager must ensure that the result is reported to the Returning Officer.

(5)

If a referendum has, under any Act, been taken with the poll, the manager must ensure that the preliminary count of the party votes and the electorate votes, and the reports under subsection (4) take priority over the counting of the votes of the referendum.

Section 174: substituted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).